Regular Session - June 1, 2022

                                                                   4435

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    June 1, 2022

11                      1:12 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR ROXANNE J. PERSAUD, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               4436

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

 2                 ACTING PRESIDENT PERSAUD:   The 

 3    Senate will come to order.  

 4                 I ask everyone present to please 

 5    rise and recite the Pledge of Allegiance.

 6                 (Whereupon, the assemblage recited 

 7    the Pledge of Allegiance to the Flag.)

 8                 ACTING PRESIDENT PERSAUD:   Imam 

 9    Izak-EL Pasha, resident Imam of the Historical 

10    Masjid Malcolm Shabazz, in New York City, will 

11    give today's invocation.  

12                 Imam?  

13                 IMAM PASHA:   I wish to thank the 

14    presiding officer and thank also the Majority 

15    Leader, Ms. Cousins, and the Minority Leader, 

16    Rob Ortt, and my special Senator, Cordell Cleare, 

17    for inviting me here today.

18                 We say with God's name the merciful 

19    Benefactor, the merciful Redeemer, witnessing to 

20    God and begging for His guidance for humanity, 

21    for our first identity as human beings, above all 

22    the other identities that we may take on that 

23    cause confusion.  

24                 We ask God to bless this chamber and 

25    all the members of the Senate and all those who 


                                                               4437

 1    help and assist you, to give you good and nothing 

 2    but good to you and your families as you 

 3    discharge the duties and responsibility to all 

 4    the people of New York State.

 5                 We ask for God's mercy.  We ask for 

 6    His peace be unto you and to all of us, that we 

 7    work together for our human dignity, the dignity 

 8    that we all identify with as one human family, 

 9    not separate from each other, and blood of the 

10    same blood and the need and the love for all good 

11    things.

12                 Thank you.  May God's peace be upon 

13    you.  Asalamu Alaikum.  

14                 (Response from the assemblage.)

15                 ACTING PRESIDENT PERSAUD:   The 

16    reading of the Journal.

17                 THE SECRETARY:   In Senate, Tuesday, 

18    May 31, 2022, the Senate met pursuant to 

19    adjournment.  The Journal of Monday, May 30, 

20    2022, was read and approved.  On motion, the 

21    Senate adjourned.

22                 ACTING PRESIDENT PERSAUD:   Without 

23    objection, the Journal stands approved as read.

24                 Presentation of petitions.

25                 Messages from the Assembly.


                                                               4438

 1                 The Secretary will read.

 2                 THE SECRETARY:   Senator Skoufis 

 3    moves to discharge, from the Committee on 

 4    Housing, Construction and Community Development, 

 5    Assembly Bill Number 6231 and substitute it for 

 6    the identical Senate Bill 6085, Third Reading 

 7    Calendar 337.

 8                 Senator Ryan moves to discharge, 

 9    from the Committee on Judiciary, Assembly Bill 

10    Number 3241 and substitute it for the identical 

11    Senate Bill 6721, Third Reading Calendar 705.

12                 Senator Myrie moves to discharge, 

13    from the Committee on Elections, Assembly Bill 

14    Number 7933C and substitute it for the identical 

15    Senate Bill 6901B, Third Reading Calendar 810.

16                 Senator Rivera moves to discharge, 

17    from the Committee on Health, Assembly Bill 

18    Number 1880A and substitute it for the identical 

19    Senate Bill 2534A, Third Reading Calendar 986.

20                 Senator Rivera moves to discharge, 

21    from the Committee on Health, Assembly Bill 

22    Number 10152 and substitute it for the identical 

23    Senate Bill 8978, Third Reading Calendar 1349.

24                 Senator Hoylman moves to discharge, 

25    from the Committee on Insurance, Assembly Bill 


                                                               4439

 1    Number 807 and substitute it for the identical 

 2    Senate Bill 688, Third Reading Calendar 1521.

 3                 Senator Jordan moves to discharge, 

 4    from the Committee on Finance, Assembly Bill 

 5    Number 357A and substitute it for the identical 

 6    Senate Bill 2089B, Third Reading Calendar 1524.

 7                 Senator Kennedy moves to discharge, 

 8    from the Committee on Finance, Assembly Bill 

 9    Number 8936A and substitute it for the identical 

10    Senate Bill 3897, Third Reading Calendar 1527.

11                 Senator Palumbo moves to discharge, 

12    from the Committee on Local Government, 

13    Assembly Bill Number 4217 and substitute it for 

14    the identical Senate Bill 4025, Third Reading 

15    Calendar 1528.

16                 Senator May moves to discharge, from 

17    the Committee on Local Government, Assembly Bill 

18    Number 8295 and substitute it for the identical 

19    Senate Bill 7531, Third Reading Calendar 1545.

20                 Senator Martucci moves to discharge, 

21    from the Committee on Codes, Assembly Bill Number 

22    8578 and substitute it for the identical Senate 

23    Bill 7900, Third Reading Calendar 1549.

24                 Senator Skoufis moves to discharge, 

25    from the Committee on Local Government, 


                                                               4440

 1    Assembly Bill Number 9650A and substitute it for 

 2    the identical Senate Bill 8587, Third Reading 

 3    Calendar 1566.

 4                 Senator Mattera moves to discharge, 

 5    from the Committee on Environmental Conservation, 

 6    Assembly Bill Number 10187 and substitute it for 

 7    the identical Senate Bill 9140, Third Reading 

 8    Calendar 1594.

 9                 Senator Sepúlveda moves to 

10    discharge, from the Committee on Agriculture, 

11    Assembly Bill Number 4570A and substitute it for 

12    the identical Senate Bill 3212A, Third Reading 

13    Calendar 1637.

14                 Senator Hinchey moves to discharge, 

15    from the Committee on Transportation, 

16    Assembly Bill Number 3848 and substitute it for 

17    the identical Senate Bill 3449, Third Reading 

18    Calendar 1638.

19                 Senator Ortt moves to discharge, 

20    from the Committee on Civil Service and Pensions, 

21    Assembly Bill Number 9353 and substitute it for 

22    the identical Senate Bill 3722A, Third Reading 

23    Calendar 1639.

24                 Senator Mannion moves to discharge, 

25    from the Committee on Rules, Assembly Bill 


                                                               4441

 1    Number 8915B and substitute it for the identical 

 2    Senate Bill 7746B, Third Reading Calendar 1653.  

 3                 Senator Skoufis moves to discharge, 

 4    from the Committee on Finance, Assembly Bill 

 5    Number 9448A and substitute it for the identical 

 6    Senate Bill 7857A, Third Reading Calendar 1654.

 7                 Senator Felder moves to discharge, 

 8    from the Committee on Rules, Assembly Bill 

 9    Number 8933A and substitute it for the identical 

10    Senate Bill 8031A, Third Reading Calendar 1656.

11                 Senator Cleare moves to discharge, 

12    from the Committee on Health, Assembly Bill 

13    Number 879 and substitute it for the identical 

14    Senate Bill 8113, Third Reading Calendar 1658.

15                 Senator Savino moves to discharge, 

16    from the Committee on Health, Assembly Bill 

17    Number 9348 and substitute it for the identical 

18    Senate Bill 8516, Third Reading Calendar 1665.

19                 Senator Harckham moves to discharge, 

20    from the Committee on Veterans, Homeland Security 

21    and Military Affairs, Assembly Bill Number 9526A 

22    and substitute it for the identical Senate Bill 

23    8553A, Third Reading Calendar 1669.

24                 Senator Brouk moves to discharge, 

25    from the Committee on Consumer Protection, 


                                                               4442

 1    Assembly Bill Number 9814 and substitute it for 

 2    the identical Senate Bill 8678, Third Reading 

 3    Calendar 1672.

 4                 Senator Brouk moves to discharge, 

 5    from the Committee on Transportation, 

 6    Assembly Bill Number 9406 and substitute it for 

 7    the identical Senate Bill 8710, Third Reading 

 8    Calendar 1674.

 9                 Senator Mannion moves to discharge, 

10    from the Committee on Corporations, Authorities 

11    and Commissions, Assembly Bill Number 9819A and 

12    substitute it for the identical Senate Bill 

13    Number 8736A, Third Reading Calendar 1675.

14                 Senator Kennedy moves to discharge, 

15    from the Committee on Corporations, Authorities 

16    and Commissions, Assembly Bill Number 9154 and 

17    substitute it for the identical Senate Bill 9098, 

18    Third Reading Calendar 1700.

19                 Senator Mannion moves to discharge, 

20    from the Committee on Civil Service and Pensions, 

21    Assembly Bill Number 10189 and substitute it for 

22    the identical Senate Bill 9102, Third Reading 

23    Calendar 1701.

24                 Senator Persaud moves to discharge, 

25    from the Committee on Social Services, 


                                                               4443

 1    Assembly Bill Number 2549 and substitute it for 

 2    the identical Senate Bill 9106, Third Reading 

 3    Calendar 1702.

 4                 Senator Reichlin-Melnick moves to 

 5    discharge, from the Committee on Local 

 6    Government, Assembly Bill Number 10155A and 

 7    substitute it for the identical Senate Bill 9131, 

 8    Third Reading Calendar 1705.

 9                 Senator Biaggi moves to discharge, 

10    from the Committee on Rules, Assembly Bill Number 

11    10230 and substitute it for the identical Senate 

12    Bill 9138, Third Reading Calendar 1706.

13                 Senator Gounardes moves to 

14    discharge, from the Committee on Transportation, 

15    Assembly Bill Number 3964 and substitute it for 

16    the identical Senate Bill 9163, Third Reading 

17    Calendar 1709.

18                 Senator Rivera moves to discharge, 

19    from the Committee on Health, Assembly Bill 

20    Number 9764 and substitute it for the identical 

21    Senate Bill 9185, Third Reading Calendar 1713.

22                 Senator Jackson moves to discharge, 

23    from the Committee on Rules, Assembly Bill 

24    Number 9922A and substitute it for the identical 

25    Senate Bill 9370, Third Reading Calendar 1726.


                                                               4444

 1                 Senator Kaminsky moves to discharge, 

 2    from the Committee on Environmental Conservation, 

 3    Assembly Bill Number 7710A and substitute it for 

 4    the identical Senate Bill 9419, Third Reading 

 5    Calendar 1732.  

 6                 Senator Brooks moves to discharge, 

 7    from the Committee on Rules, Assembly Bill Number 

 8    10330 and substitute it for the identical Senate 

 9    Bill 9318, Third Reading Calendar 1720.

10                 ACTING PRESIDENT PERSAUD:   So 

11    ordered.

12                 Messages from the Governor.

13                 Reports of standing committees.

14                 Reports of select committees.

15                 Communications and reports from 

16    state officers.

17                 Motions and resolutions.

18                 Senator Gianaris.

19                 SENATOR GIANARIS:   Madam President, 

20    on behalf of Senator Brooks, I wish to call up 

21    Senate Print 1271A, recalled from the Assembly, 

22    which is now at the desk.

23                 ACTING PRESIDENT PERSAUD:   The 

24    Secretary will read.

25                 THE SECRETARY:   Calendar Number 


                                                               4445

 1    235, Senate Print 1271A, by Senator Brooks, an 

 2    act to amend the Vehicle and Traffic Law.

 3                 ACTING PRESIDENT PERSAUD:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 THE SECRETARY:   Ayes, 57.

 7                 SENATOR GIANARIS:   That was, I 

 8    believe, the vote on the motion to reconsider the 

 9    vote by which the bill was passed.  

10                 And is it now on Third Reading 

11    Calendar, Madam President?

12                 ACTING PRESIDENT PERSAUD:   The bill 

13    is restored to its place on the Third Reading 

14    Calendar.

15                 SENATOR GIANARIS:   Thank you, 

16    Madam President.

17                 I offer the following amendments.

18                 ACTING PRESIDENT PERSAUD:   The 

19    amendments are received.

20                 SENATOR GIANARIS:   Please recognize 

21    Senator Lanza.

22                 ACTING PRESIDENT PERSAUD:   Senator 

23    Lanza.

24                 SENATOR LANZA:   Madam President, 

25    Senator Weik moves to call up Bill Print 


                                                               4446

 1    Number 9146, recalled from the Assembly, which is 

 2    now at the desk.

 3                 ACTING PRESIDENT PERSAUD:   The 

 4    Secretary will read.

 5                 THE SECRETARY:   Calendar Number 

 6    1596, Senate Print 9146, by Senator Weik, an act 

 7    to amend Chapter 397 of the Laws of 1996.

 8                 SENATOR LANZA:   Madam President, I 

 9    now move to reconsider the vote by which the bill 

10    was passed.

11                 ACTING PRESIDENT PERSAUD:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 THE SECRETARY:   Ayes, 57.

15                 ACTING PRESIDENT PERSAUD:   The bill 

16    is restored to its place on the Third Reading 

17    Calendar.  

18                 SENATOR LANZA:   Madam President, I 

19    now offer the following amendments.

20                 ACTING PRESIDENT PERSAUD:   The 

21    amendments are received, and the bill will retain 

22    its place on Third Reading Calendar.

23                 Senator Gianaris.

24                 SENATOR GIANARIS:   Madam President, 

25    much like yesterday's session, we're going to try 


                                                               4447

 1    and do multiple things simultaneously.  So let's 

 2    begin by adopting the Resolution Calendar, with 

 3    the exception of Resolution 2763.

 4                 ACTING PRESIDENT PERSAUD:   All 

 5    those in favor of adopting the 

 6    Resolution Calendar, with the exception of 

 7    Resolution 2763, please signify by saying aye.

 8                 (Response of "Aye.")

 9                 ACTING PRESIDENT PERSAUD:   Opposed, 

10    nay.

11                 (No response.)

12                 ACTING PRESIDENT PERSAUD:   The 

13    Resolution Calendar is adopted.

14                 Senator Gianaris.

15                 SENATOR GIANARIS:   Now, 

16    Madam President, as we begin with -- the first 

17    resolution we're taking up is previously adopted 

18    Resolution 2729, by Senator Cleare, which I would 

19    ask to be read, and then recognize 

20    Senator Cleare.  

21                 But we're simultaneously going to 

22    call a Rules Committee meeting in Room 332.

23                 ACTING PRESIDENT PERSAUD:   There 

24    will be an immediate meeting of the 

25    Rules Committee in Room 332.


                                                               4448

 1                 The Secretary will read.

 2                 THE SECRETARY:   Senate Resolution 

 3    2729, by Senator Cleare, congratulating the 

 4    Juneteenth Committee of Masjid Malcolm Shabazz 

 5    upon the occasion of hosting their 29th Annual 

 6    Juneteenth Parade.

 7                 ACTING PRESIDENT PERSAUD:   Senator 

 8    Cleare on the resolution.

 9                 SENATOR CLEARE:   Good afternoon.  

10    Thank you, Madam President.  

11                 I rise with great pride to speak on 

12    Resolution 2729 congratulating the Juneteenth 

13    Committee of Masjid Malcolm Shabazz upon the 

14    occasion of hosting their 29th Annual Juneteenth 

15    Parade.

16                 We are blessed to have members of 

17    the Juneteenth Committee and the masjid here with 

18    us today, including Imam Izak-EL M. Pasha, and 

19    Elbert Shamsid-Deen, senior advisor to the -- and 

20    CEO to Ruff Ryders Entertainment.

21                 When I think about the community I 

22    represent and the community that I grew up in, 

23    became active in, and lovingly care for, I think 

24    of the Juneteenth Committee and the Masjid 

25    Malcolm Shabazz, which serves not only the 


                                                               4449

 1    religious and spiritual needs of so many, but the 

 2    cultural, social and educational goals of our 

 3    community as well.  

 4                 Juneteenth only became an official 

 5    New York State holiday in 2021.  And as we stand 

 6    here today, this year's celebration, the second 

 7    of our state and the 29th for the community of 

 8    Harlem, represented by the Juneteenth Committee 

 9    we return in limited ways to a pre-pandemic type 

10    of celebration.

11                 As originally conceived in 1993 by 

12    Imam W.D. Mohammed and executed by Imam Ali 

13    Rashid and Imam Pasha, the mission of the 

14    Juneteenth committee was to spread formative 

15    knowledge about the African-American experience 

16    through the lens of Juneteenth.

17                 The movement that began 29 years ago 

18    was pioneering and full of foresight, and clearly 

19    distinguishes the Juneteenth Committee as the 

20    oldest and most formidable Juneteenth Committee 

21    in New York State.  In the wake of the murder of 

22    George Floyd and other abhorrent acts of violence 

23    against people of color, federal, state and city 

24    governments have now declared Juneteenth an 

25    official holiday.  However, to those of us in the 


                                                               4450

 1    Harlem community and those who have been 

 2    longstanding members of the Juneteenth Committee, 

 3    it has always been a day of reverence, 

 4    remembrance, and righteous reflection.  

 5                 2022 will mark the first time in 

 6    well over two years that we can celebrate 

 7    Juneteenth with the style and in the manner the 

 8    day observes, as we emerge from a pandemic that 

 9    has not only tested us but reminded us that the 

10    fight for equity is still waged day in and day 

11    out.  

12                 I firmly believe that the next step 

13    we must take is to make sure that the full 

14    history of all Black people -- the achievements, 

15    the traditions, the innovations, the family, the 

16    struggles and the triumphs -- is taught in 

17    schools and all over in a meaningful way.

18                 I believe that if we rally around 

19    the cause and the history of Juneteenth, it would 

20    prevent -- it would hinder similar tragedies like 

21    the one that happened in Buffalo the other day.  

22    The more we learn about each other, the more we 

23    know about each other, the more we respect one 

24    another.

25                 So I respectfully today, with great 


                                                               4451

 1    pride, vote aye on the resolution celebrating the 

 2    29th anniversary of the Juneteenth Committee in 

 3    New York.

 4                 ACTING PRESIDENT PERSAUD:   Thank 

 5    you, Senator Cleare.  

 6                 Senator Bailey on the resolution.

 7                 SENATOR BAILEY:   Thank you, 

 8    Madam President.  

 9                 And I want to thank my colleague 

10    Senator Cleare for introducing this resolution.  

11                 And greetings to you, brothers and 

12    sisters from the Village of Harlem.  I hail from 

13    a little bit further north of you, in the 

14    boogie-down Bronx.  But no matter what county 

15    we're in, Juneteenth remains the same.  

16                 I was lucky that I grew up knowing 

17    the traditions of what Juneteenth was.  I was 

18    taken to festivals, whether it was in Harlem or 

19    in Brooklyn or other places throughout the 

20    metropolitan region, by my parents, who imparted 

21    upon me what the meaning of Juneteenth was.  

22                 But as Senator Cleare aptly put, it 

23    just made a state holiday a couple of years 

24    ago -- last year.  And so as we continue to 

25    educate people on what Juneteenth is and what 


                                                               4452

 1    it's not, I will say that I hope it doesn't 

 2    become a commercialized holiday where they say 

 3    half off for some items made by some Black folks.  

 4    I would hope that it would not be something that 

 5    would be written off as just another day off from 

 6    work.  I would hope that it is what it was taught 

 7    to me as:  When we were released from bondage -- 

 8    actually, just physical bondage, because mentally 

 9    we come from kings and queens, the strongest of 

10    those.

11                 So I'll simply say congratulations 

12    on your anniversary.  Continue to uplift and 

13    build all communities.  Because the work that you 

14    do is resounding not just in your community, but 

15    throughout the state.

16                 Thank you, Madam President.  I'm 

17    going to be voting aye.

18                 ACTING PRESIDENT PERSAUD:   Thank 

19    you, Senator.

20                 Are there any other Senators wishing 

21    to be heard on the resolution?

22                 Seeing none, to our guests, I 

23    welcome you on behalf of the Senate.  We extend 

24    to you the privileges and courtesies of this 

25    house.  


                                                               4453

 1                 Please stand and be recognized.

 2                 (Standing ovation.)

 3                 ACTING PRESIDENT PERSAUD:   Senator 

 4    Liu.

 5                 SENATOR LIU:   Madam President, 

 6    please take up Resolution 2799, by Senator Mayer, 

 7    read that resolution in title only, and recognize 

 8    Senator Mayer on the resolution.

 9                 ACTING PRESIDENT PERSAUD:   The 

10    Secretary will read.

11                 THE SECRETARY:   Senate Resolution 

12    2799, by Senator Mayer, commemorating the 

13    125th Anniversary of the New York State Parent 

14    Teacher Association.

15                 ACTING PRESIDENT PERSAUD:   Senator 

16    Mayer on the resolution.

17                 SENATOR MAYER:   Thank you, 

18    Madam Speaker.  

19                 And it truly is a pleasure and an 

20    honor to speak on this resolution commemorating 

21    the 125th anniversary of the New York State PTA.  

22    And for everyone who has ever had a child in 

23    school, in public school, the millions of 

24    children in public school, you know the PTA on 

25    Day One, because they are there to speak for your 


                                                               4454

 1    child, to speak for your school and speak for the 

 2    interests that you as a parent have.

 3                 And so it is truly an honor to have 

 4    so many members of the board and leadership of 

 5    the New York State PTA.  And I won't name them 

 6    all, except a few I must name to say that the 

 7    New York State PTA has become a powerful voice 

 8    for the public school parents of New York.  Their 

 9    advocacy now on issues that really matter -- and 

10    after the last few weeks, the issues of concern 

11    to our parents and our young students could not 

12    be more paramount.  And this is the time that the 

13    New York State PTA has shown its leadership, its 

14    courage, and frankly its ability to coalesce 

15    about issues that are so important.

16                 You know, there are 2.6 million 

17    schoolchildren in New York State, and the PTA 

18    has nearly 250,000 volunteers in 12 regions in 

19    more than 1450 school buildings.  And I recall 

20    saying earlier in my career that many of my 

21    colleagues in politics should have learned to 

22    start in the PTA, because that is where you learn 

23    to compromise, to build coalitions, to 

24    acknowledge and celebrate diversity, and to have 

25    a unified vision.


                                                               4455

 1                 Wish that all of my colleagues in 

 2    politics learned at the ground level what the PTA 

 3    can teach us.

 4                 So I know we're joined by many, but 

 5    the current president of the New York State PTA, 

 6    Dana Platin; the indomitable executive director 

 7    of the New York State PTA, Kyle Belokopitsky.  

 8    And I certainly would be remiss if I didn't 

 9    mention Rob Rijos, from the City of Yonkers, 

10    former president of our PTA and a true leader.  

11                 It has been my honor to be a loud 

12    champion for the parents and the PTAs of every 

13    school in New York, and I appreciate your 

14    leadership, your willingness to roll up your 

15    sleeves.  And congratulations on 125 years.  May 

16    there be many, many more of leadership and the 

17    courage and the unified vision on behalf of our 

18    children that the New York State PTA has shown.

19                 Thank you, Madam Speaker.  I'll be 

20    voting aye.

21                 ACTING PRESIDENT PERSAUD:   Thank 

22    you, Senator.

23                 Are there any other Senators wishing 

24    to speak on the resolution?

25                 To our guests, I welcome you on 


                                                               4456

 1    behalf of the Senate.  And we extend to you the 

 2    privileges and courtesies of this house.  

 3                 Please stand and be recognized.

 4                 (Standing ovation.)

 5                 ACTING PRESIDENT PERSAUD:   Senator 

 6    Liu.

 7                 SENATOR LIU:   Madam President, 

 8    please take up previously adopted 

 9    Resolution 2142, by Senator Jordan, read that 

10    resolution in title only, and recognize 

11    Senator Jordan on that resolution.

12                 ACTING PRESIDENT PERSAUD:   The 

13    Secretary will read.

14                 THE SECRETARY:   Senate Resolution 

15    2142, by Senator Jordan, congratulating 

16    Carter Cukerstein upon the occasion of capturing 

17    the Boys 55-Meter Dash at the New York State 

18    Public High School Athletic Association Indoor 

19    Track and Field Championships on March 5, 2022.

20                 ACTING PRESIDENT PERSAUD:   Senator 

21    Jordan on the resolution.

22                 SENATOR JORDAN:   Madam President, I 

23    rise to speak on the resolution before us.  

24                 I'm very proud to congratulate 

25    Carter Cukerstein on winning the Boys 55-Meter 


                                                               4457

 1    Dash at the NYSPHSAA Indoor Track and Field 

 2    Championships on March 5, 2022.  

 3                 Athletics bring out the very best of 

 4    us, and Shenendehowa High School's Carter 

 5    Cukerstein certainly proved that.  Number-one 

 6    seed Carter won the Boys 55-Meter Dash with an 

 7    outstanding time of 6.28 seconds.  That's fast.  

 8    And then there's also Carter Cukerstein fast, 

 9    which is the fastest.

10                 Carter's big win took place at the 

11    NYSPHSAA Indoor Track and Field Championships at 

12    the Ocean Breeze Athletic Complex in 

13    Staten Island.  A large, loyal following of 

14    family and friends enthusiastically supported 

15    Carter Cukerstein throughout his season's journey 

16    that successfully culminated in the championship.

17                 Sports instill the timeless 

18    important values of preparation, teamwork, goal 

19    setting, pride and accomplishment.  These values 

20    will serve Carter well throughout his entire 

21    life.

22                 Carter Cukerstein has clearly 

23    contributed to the spirit of athletic excellence 

24    that's such a long-standing tradition at 

25    Shenendehowa High School.  


                                                               4458

 1                 Carter and his family are us with us 

 2    today.  Carter, I'm proud to congratulate you and 

 3    recognize your incredible performance in 

 4    capturing the Boys 55-Meter Dash at the NYSPHSAA 

 5    Indoor Track and Field Championships.  You are a 

 6    true credit to Shenendehowa, your family and your 

 7    community.  

 8                 Once again, I congratulate you on 

 9    your achievement and give you the best of wishes 

10    for your success at the University of Oklahoma.

11                 Thank you, Madam President.

12                 ACTING PRESIDENT PERSAUD:   Thank 

13    you, Senator.

14                 To our guests, I welcome you on 

15    behalf of the Senate.  We extend to you the 

16    privileges and courtesies of this house.  

17                 Please rise and be recognized.  

18    Congratulations, Carter. 

19                 (Standing ovation.)

20                 ACTING PRESIDENT PERSAUD:   The 

21    resolution was previously adopted on May 24th.

22                 Senator Liu.

23                 SENATOR LIU:   Madam President, 

24    please take up previously adopted 

25    Resolution 2596, by Senator Kennedy, read that 


                                                               4459

 1    resolution in title only, and recognize 

 2    Senator Kennedy on the resolution.

 3                 ACTING PRESIDENT PERSAUD:   The 

 4    Secretary will read.  

 5                 THE SECRETARY:   Senate Resolution 

 6    2596, by Senator Kennedy, mourning the death of 

 7    John P. Scanlon, renowned public servant, 

 8    distinguished citizen and devoted member of his 

 9    community.

10                 ACTING PRESIDENT PERSAUD:   Senator 

11    Kennedy on the resolution.

12                 SENATOR KENNEDY:   Thank you, 

13    Madam President.

14                 I rise today to honor the life of 

15    John Scanlon, an outstanding public servant and 

16    South Buffalo native who passed away earlier this 

17    spring at the age of 83.

18                 John "Scanoots" Scanlon was one of a 

19    kind.  Hailing from Buffalo's Old First Ward, 

20    John proudly served his country as a member of 

21    the United States Army, where he was stationed in 

22    Germany.

23                 Once he retired from overseas -- 

24    returned from overseas, John went on to serve as 

25    a top advisor to the late Buffalo Mayor Jimmy 


                                                               4460

 1    Griffin, and worked diligently to make the 

 2    Queen City a better place to live and raise a 

 3    family.  

 4                 John was an old school political 

 5    mind, focused on helping the community he loved 

 6    by working hard and playing by the rules.  As a 

 7    distinguished leader, John helped countless 

 8    people begin their careers in the City of Buffalo 

 9    and in government, transforming their lives and 

10    the lives of their families.  These working men 

11    and women made the City of Good Neighbors what it 

12    is today, and remained great and loyal friends 

13    with John throughout the rest of his life.

14                 After serving with the Griffin 

15    administration, John transitioned to working for 

16    the incoming mayor, Anthony Masiello, where he 

17    brought the same tireless work ethic, expertise, 

18    and service to the city's leadership.

19                 But for John there was nothing more 

20    important than his role as a husband and a 

21    father.  John and his wife Paula shared seven 

22    children and were deeply committed to raising 

23    kind and compassionate kids.  Kara, John, Mark, 

24    Michael, Brian, Chris and Patrick are better 

25    people because they had John as their father.


                                                               4461

 1                 All of his children have taken up 

 2    the mantle of service to others in their own 

 3    lives, each of them well-respected members of our 

 4    community.  The Scanlon family's rich tradition 

 5    of government service established by John many 

 6    years ago is carried on through his son Chris, 

 7    our great South District councilman.  

 8                 John was also proud to have earned 

 9    the role as grandfather -- recently, 

10    great-grandfather -- because to him nothing was 

11    more important than family.

12                 Like any true South Buffalonian, 

13    John's Irish heritage was important to him and he 

14    and Paula passed that passion for their roots 

15    along to their family and loved ones.  His 

16    commitment to his heritage and his entire 

17    community was recognized in the 2009 Old 

18    Neighborhood St. Patrick's Day Parade, where he 

19    was named Grand Marshal.  

20                 John epitomized the Irish, and he 

21    epitomized Buffalo.  He was sincerely loved and 

22    respected by those who he worked with, those he 

23    served with, and those who called him family and 

24    were lucky enough to call him a friend.

25                 John was a man of action, of 


                                                               4462

 1    integrity and of generosity.  And while we mourn 

 2    his passing, we know without a doubt that his 

 3    legacy will live on in the beautiful family that 

 4    he created with his wife and the many lives that 

 5    he touched throughout his own.  

 6                 The City of Buffalo won't be the 

 7    same, but it is better because John was a part of 

 8    it.  May John Scanlon rest in peace.

 9                 Thank you, Madam President.

10                 ACTING PRESIDENT PERSAUD:   Thank 

11    you, Senator.

12                 The resolution was adopted on 5/17.

13                 Senator Liu.

14                 SENATOR LIU:   Madam President, 

15    please take up previously adopted 

16    Resolution 2548, by Senator Kaplan, read that 

17    resolution in title only, and recognize 

18    Senator Kaplan on the resolution.

19                 ACTING PRESIDENT PERSAUD:   The 

20    Secretary will read.

21                 THE SECRETARY:   Senate Resolution 

22    2548, by Senator Kaplan, congratulating Sahar 

23    Juliet Tartak upon the occasion of capturing 

24    first place in the International DECA competition 

25    in Atlanta, March 23-26, 2022.


                                                               4463

 1                 ACTING PRESIDENT PERSAUD:   Senator 

 2    Kaplan on the resolution.

 3                 SENATOR KAPLAN:   Thank you, 

 4    Madam President.

 5                 I rise today to introduce all of you 

 6    to a rising star from my district.  And while 

 7    this may be the first time you hear her name, I 

 8    can guarantee it won't be the last.  Sahar Juliet 

 9    Tartak is a graduating senior at Great Neck North 

10    High School who isn't just a rock star academic, 

11    she's also an internationally recognized emerging 

12    leader.

13                 Each year DECA, an international 

14    student leadership organization with 

15    175,000 members across 3200 schools, holds a 

16    series of competitions at the state, regional and 

17    international levels, with only about 200 

18    qualifiers reaching the international level from 

19    a pool of thousands.  

20                 This year Sahar participated in the 

21    human resource management competition, where 

22    competitors are given a briefing on a difficult 

23    human resources situation and are given only 

24    10 minutes to prepare a solution, then present it 

25    to a panel of judges.  Out of thousands who 


                                                               4464

 1    entered, she won at the state level, then the 

 2    regional level, and ultimately took first place 

 3    out of the 200 international competitors.  

 4                 But wait, there's more.  She didn't 

 5    just win the international competition this year, 

 6    she was also elected to be the executive 

 7    president of the New York Chapter of DECA, which 

 8    has thousands of members.  Oh, and just one more 

 9    thing.  She's also graduating as her class 

10    valedictorian.

11                 I couldn't be more proud of Sahar, 

12    and that is why I invited her and her family 

13    today to be recognized for these great 

14    achievements.  

15                 Congratulations again.  I'm proud to 

16    represent you, and thank you so much for joining 

17    us today.

18                 Thank you, Madam President.

19                 ACTING PRESIDENT PERSAUD:   Thank 

20    you, Senator.

21                 To our guests, I welcome you on 

22    behalf of the Senate.  We extend to you the 

23    privileges and courtesies of this house.

24                 Please stand and be recognized.  

25    Congratulations, Sahar. 


                                                               4465

 1                 (Standing ovation.)

 2                 ACTING PRESIDENT PERSAUD:   The 

 3    resolution was adopted on 5/17.

 4                 Senator Liu.

 5                 SENATOR LIU:   Madam President, 

 6    please take up Resolution 2763, by 

 7    Senator Hoylman, read that resolution in title 

 8    only, and recognize Senator Hoylman on the 

 9    resolution.

10                 ACTING PRESIDENT PERSAUD:   The 

11    Secretary will read.

12                 THE SECRETARY:   Senate Resolution 

13    2763, by Senator Hoylman, memorializing 

14    Governor Kathy Hochul to proclaim June 2022 as 

15    LGBTQ Pride Month in the State of New York.

16                 ACTING PRESIDENT PERSAUD:   Senator 

17    Hoylman on the resolution.

18                 SENATOR HOYLMAN:   Thank you, Madam 

19     President.  Happy Pride.

20                 Today is June 1st and the start of 

21    Pride Month.  And it's not only time to celebrate 

22    queerness and honor the contributions of our 

23    community, my community, but to affirm the right 

24    of LGBTQ+ folks to love and exist freely.

25                 Here in New York we've worked 


                                                               4466

 1    vigorously to protect our LGBTQ+ population and 

 2    ensure that they can find a safe and welcoming 

 3    home in our state.  Prior to just last week, it 

 4    was incredibly difficult for many New Yorkers to 

 5    get the identification documents they require for 

 6    travel, to get a job, and even to go to school.  

 7    But now, thanks to the efforts of this chamber, 

 8    Governor Hochul, the DMV, and TGGNC activists, 

 9    all gender-nonconforming, transgender, nonbinary 

10    and intersex New Yorkers can receive IDs that 

11    accurately reflect their identity.  

12                 Is there anything more basic than 

13    having an identity card that reflects who you 

14    are?  I don't think so.

15                 In this year's budget we also 

16    secured a million dollars for the Transgender and 

17    Gender Nonconforming Wellness and Equity Fund, 

18    which provides housing, mental health resources, 

19    health services and cultural initiatives to our 

20    state's most vulnerable populations, and we're 

21    passing legislation to help put that fund into 

22    statute hopefully today.

23                 Again, thank you to my colleagues 

24    for their support of this historic effort.  And 

25    thanks to the activists -- particularly those in 


                                                               4467

 1    the transgender community -- who came to us with 

 2    this idea and made this possible through their 

 3    advocacy, through organizing, through coming to 

 4    the floor.  Senator Ramos knows how important 

 5    these activists are to our community, of course 

 6    Senator Brisport as well.

 7                 And we can't forget the other 

 8    critical legislation we passed historically in 

 9    this chamber.  GENDA, which is the human rights 

10    law for transgender and gender-nonconforming 

11    folks.  The ban on so-called conversion therapy, 

12    which is essentially child abuse in another name.  

13    Trying to convince a queer kid that they're not 

14    doesn't work.  And the repeal of the 

15    Walking While Trans ban, which really was 

16    profiling in another name for 

17    gender-nonconforming and transgender individuals.

18                 However, this isn't the reality, 

19    though, Madam President, today for many LGBT+ 

20    folks across the country.  States like Texas, 

21    Florida, Alabama, Arizona, Idaho and Louisiana 

22    are horrifically attacking transgender kids who 

23    simply ask to show up as themselves -- not just 

24    attacking the children, but also the parents.

25                 That's why I hope soon New York 


                                                               4468

 1    State, much as we're going to be a refuge for 

 2    those seeking reproductive help, will be a refuge 

 3    for families seeking gender-affirming care for 

 4    their loved ones.

 5                 Other state governments are banning 

 6    gender-affirming care, preventing transgender 

 7    kids from participating in sports.  What is the 

 8    obsession with transgender folks in sports?  I 

 9    think you need to ask who is calling for this 

10    rather than who they're targeting.  And also 

11    making it illegal to even talk about gender 

12    identity and sexual orientation in schools.

13                 I have seen few things more 

14    despicable than the "Don't Say Gay" laws that 

15    have passed in a number of states, including the 

16    State of Florida.  Well, I say gay, gay, gay, 

17    gay, gay, and will continue to say it in the 

18    State of New York and here in this chamber.

19                 We've come a long way as a country, 

20    but we're watching a heartbreaking regression 

21    that none of us has seen in our lifetimes.  And 

22    it means that New York has to quicken our pace.  

23    Today we just confirmed, in the Senate Judiciary 

24    Committee, the first openly gay man to the New 

25    York State Court of Claims.  That's historic.  


                                                               4469

 1    But it's kind of amazing that it took this long.

 2                 Pride Month is more than a march or 

 3    a parade, isn't it, Senator Brisport?  It's the 

 4    acknowledgment of how far we've come as a 

 5    community in remembering the people who fought 

 6    before us, such as Marsha P Johnson, Sylvia 

 7    Rivera, and Edie Windsor.  We must make our queer 

 8    forefathers, our queer foremothers and 

 9    foreparents proud by standing up to this 

10    nationwide wave of hatred and uncertainty with 

11    unprecedented vigor.  

12                 This Pride we're going to celebrate 

13    louder than before.  As a major piece of my 

14    service here in the Senate, it has been to 

15    protect all members of the LGBTQ+ community when 

16    I was the only openly gay member of the Senate 

17    until our wonderful colleague Senator Brisport 

18    joined us in 2019.  Now he says he wants to be 

19    the number-one gay.  But I'm telling him, I'm not 

20    leaving quite yet.  

21                 (Laughter.)

22                 SENATOR HOYLMAN:   He might be more 

23    gay than me, though.  I don't know we'll have 

24    to -- we'll have to get a metric scale to see how 

25    that works.


                                                               4470

 1                 But here's to making New York the 

 2    leader of LGBTQ+ equality and continuing the hard 

 3    work that we need just to do that.  Thank you to 

 4    my colleagues.  Thank you to all New Yorkers.  

 5    Happy Pride.

 6                 ACTING PRESIDENT PERSAUD:   Thank 

 7    you, Senator.

 8                 (Applause.)

 9                 ACTING PRESIDENT PERSAUD:   Senator 

10    May on the resolution.

11                 SENATOR MAY:   Thank you, 

12    Madam President.  

13                 And I want to thank Senator Hoylman 

14    for bringing this resolution and for his brave 

15    advocacy over the years.

16                 I also want to mention that we know 

17    we focus on New York City as a center of gay 

18    pride going back to the Stonewall riots in 1969, 

19    but Central New York has also been a leader.  In 

20    1974 the first Gay Pride Field Days were held in 

21    Thornham Park near Syracuse University, and since 

22    then CNY Pride Festival has become a premier 

23    festival in this region.  And so we have a lot of 

24    gay pride in Central New York as well.

25                 I wanted to single out one person, 


                                                               4471

 1    though, an author named Seamus Kirst, who wrote a 

 2    book called Papa, Daddy and Riley, for children.  

 3    It's a beautiful story about a girl who is trying 

 4    to understand why people think her family is 

 5    strange because she has a papa and a daddy.

 6                 And this book has been banned in 

 7    some schools and libraries.  And it's become a 

 8    kind of symbol of the rising oppression that is 

 9    facing the LGBTQ community all around the 

10    country.

11                 It is such an uplifting and sweet 

12    story.  And the idea that it would be somehow 

13    offensive or inappropriate for other children to 

14    read is shocking, frankly.  And so I stand here 

15    in support of Seamus, but also of everyone who is 

16    having to be brave about being -- just being who 

17    they are and understanding who they are and 

18    sharing with those around them who they are and 

19    who they love.

20                 So I am very proud to support this 

21    resolution and excited for this whole month of 

22    Pride Month.

23                 Thank you.

24                 ACTING PRESIDENT PERSAUD:   Thank 

25    you, Senator.


                                                               4472

 1                 The question is on the resolution.  

 2    All in favor signify by saying aye.

 3                 (Response of "Aye.")

 4                 ACTING PRESIDENT PERSAUD:   Opposed, 

 5    nay.

 6                 (No response.)

 7                 ACTING PRESIDENT PERSAUD:   The 

 8    resolution is adopted.

 9                 Senator Liu.

10                 SENATOR LIU:   Madam President, 

11    please take up previously adopted Resolution 

12    1786, by Senator Serino, read that resolution 

13    title only, and recognize Senator Serino on the 

14    resolution.

15                 ACTING PRESIDENT PERSAUD:   The 

16    Secretary will read.

17                 THE SECRETARY:   Senate Resolution 

18    1786, by Senator Serino, memorializing 

19    Governor Kathy Hochul to proclaim June 15, 2022, 

20    as Elder Abuse Awareness Day in the State of 

21    New York.

22                 ACTING PRESIDENT PERSAUD:   Senator 

23    Serino on the resolution.

24                 SENATOR SERINO:   Thank you, 

25    Madam President.  


                                                               4473

 1                 On June 15th people from around the 

 2    world will come together to observe Elder Abuse 

 3    Awareness Day, in an effort to shed light on an 

 4    epidemic that has flown under the radar for far 

 5    too long.  While the statistics vary, we know 

 6    that for every case of elder abuse reported, 

 7    studies estimate that at least 20 cases actually 

 8    go unreported.  Financial exploitation costs 

 9    American seniors billions of dollars each year.  

10                 I brought this resolution before the 

11    Senate for years, but never has it been more 

12    important than it is now.  Abusers count on their 

13    victims to be socially isolated, and throughout 

14    the pandemic our seniors especially have been 

15    isolated like never before.  

16                 As we work to rebuild in the wake of 

17    the COVID-19 pandemic, we will need to redouble 

18    our efforts and direct extensive resources to 

19    combating abuse to better protect our most 

20    vulnerable.  That starts by holding a 

21    Senate oversight hearing to get to the bottom of 

22    why over 35,000 complaints regarding New York's 

23    nursing homes went unanswered or unsubstantiated 

24    during the pandemic.

25                 As many of you know, a recent 


                                                               4474

 1    investigative report published in Lohud revealed 

 2    this shocking number, and it cannot be ignored.  

 3    You know, during the pandemic families, loved 

 4    ones and ombudsmen were shut out of these 

 5    facilities in the name of public health.  It is 

 6    these individuals who so often act as the eyes 

 7    and ears for vulnerable residents and play a 

 8    critical role in keeping them safe from abuse.  

 9                 With no alternative plan in place to 

10    ensure safety and adequate treatment during this 

11    time, despite comprehensive legislation I put 

12    forward in 2020 to ensure any claims of abuse 

13    were received and promptly investigated, it seems 

14    once again these vulnerable New Yorkers were an 

15    afterthought to the state.  And it is absolutely 

16    unacceptable.

17                 You know, it's never too late to do 

18    the right thing, and we cannot let another Elder 

19    Abuse Awareness Day go by without taking the 

20    steps necessary to ensure that the mistakes of 

21    our past are never repeated.  That means by 

22    completing a bipartisan investigation into the 

23    state's handling of the pandemic and nursing home 

24    deaths, and launching a legislative oversight 

25    hearing to figure out how over 35,000 calls for 


                                                               4475

 1    help could possibly have languished like they 

 2    did.

 3                 I urge all of my colleagues here 

 4    today to leverage the full strength of the Senate 

 5    to do right by these residents and these families 

 6    by taking these steps immediately.

 7                 Thank you, Madam President.

 8                 ACTING PRESIDENT PERSAUD:   Thank 

 9    you, Senator.

10                 Senator Borrello on the resolution.

11                 SENATOR BORRELLO:   Thank you, 

12    Madam President.  

13                 I'd like to first of all thank 

14    Senator Serino and associate myself with her 

15    comments.  She's done an amazing job as a 

16    champion for seniors as the ranking member of the 

17    Aging Committee.  

18                 I also want to take an opportunity 

19    to also thank an organization that I have been 

20    involved with since my days as a county 

21    legislator and county executive, and that's the 

22    Center for Elder Law and Justice.  So on 

23    June 15th, as we recognize Elder Abuse Awareness 

24    Month, I want to recognize those that are 

25    actually doing something about this.  


                                                               4476

 1                 And during the pandemic we saw a 

 2    dramatic spike in those seniors that were taken 

 3    advantage of as part of the scams that were so 

 4    common, all too often and very common, in our -- 

 5    during this pandemic.  And the center for Elder 

 6    Law and Justice has done an amazing job to try 

 7    and counter that.  We've held informational 

 8    meetings in my district and elsewhere.  

 9                 And I think it's important to 

10    recognize that our senior citizens are not only 

11    vulnerable, but they care.  And they are often 

12    taken advantage of by con artists and scammers 

13    because they care, because they trust.  And 

14    that's probably the most egregious part about a 

15    crime against our vulnerable senior citizens.  

16                 So thank you to everyone that stands 

17    up to help them.

18                 Thank you, Madam President.

19                 ACTING PRESIDENT PERSAUD:   Thank 

20    you, Senator.

21                 The resolution was previously 

22    adopted on February 8th.

23                 Senator Liu.

24                 SENATOR LIU:   Madam President, at 

25    the request of the sponsors, the resolutions are 


                                                               4477

 1    open for cosponsorship.

 2                 ACTING PRESIDENT PERSAUD:   The 

 3    resolutions are open for cosponsorship.  Should 

 4    you choose not to be a cosponsor of the 

 5    resolutions, please notify the desk.

 6                 Senator Liu.

 7                 SENATOR LIU:   Madam President, 

 8    there is a report of the Rules Committee at the 

 9    desk.  Please take that up.

10                 ACTING PRESIDENT PERSAUD:   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 932A, by 

16    Senator Kaplan, an act to amend the 

17    Public Service Law and the Public Authorities 

18    Law; 

19                 Senate Print 947A, by Senator 

20    Gaughran, an act to amend the Navigation Law and 

21    the Penal Law; 

22                 Senate Print 1020, by 

23    Senator Kaminsky, an act to amend the Tax Law; 

24                 Senate Print 1039, by 

25    Senator Krueger, an act to amend the 


                                                               4478

 1    Election Law; 

 2                 Senate Print 1151C, by 

 3    Senator Kaplan, an act to amend the 

 4    Education Law; 

 5                 Senate Print 1443B, by 

 6    Senator Addabbo, an act to amend the Racing, 

 7    Pari-Mutuel Wagering and Breeding Law; 

 8                 Senate Print 1810A, by 

 9    Senator Skoufis, an act to amend the Town Law; 

10                 Senate Print 1852B, by 

11    Senator Skoufis, an act to amend the 

12    Executive Law; 

13                 Senate Print 2239, by 

14    Senator Hoylman, an act to amend the 

15    Executive Law; 

16                 Senate Print 2924A, by 

17    Senator Parker, an act to amend the 

18    Public Service Law and the State Finance Law; 

19                 Senate Print 2935A, by 

20    Senator Kaminsky, an act to authorize the widow 

21    of Howard Mahler to file a retirement option 

22    election form; 

23                 Senate Print 3080A, by 

24    Senator Salazar, an act directing the New York 

25    State Energy Research and Development Authority 


                                                               4479

 1    to establish a Ride Clean rebate program; 

 2                 Senate Print 3532A, by 

 3    Senator Kennedy, an act to amend the Vehicle and 

 4    Traffic Law; 

 5                 Senate Print 3932, by 

 6    Senator Savino, an act to amend the 

 7    Public Health Law; 

 8                 Senate Print 4104A, by 

 9    Senator Breslin, an act to amend the 

10    General Business Law; 

11                 Senate Print 4142, by 

12    Senator Stavisky, an act to amend the 

13    Public Health Law; 

14                 Senate Print 4339B, by 

15    Senator Skoufis, an act to amend the 

16    Not-For-Profit Corporation Law; 

17                 Senate Print 4479A, by 

18    Senator Sanders, an act to authorize the New York 

19    State Energy Research and Development Authority 

20    to prepare a report on the establishment of a 

21    New York renewal energy laboratory; 

22                 Senate Print 4871B, by 

23    Senator Breslin, an act to amend the Vehicle and 

24    Traffic Law;

25                 Senate Print 5097A, by 


                                                               4480

 1    Senator Sanders, an act to amend the 

 2    Real Property Law; 

 3                 Senate Print 5456C, by 

 4    Senator Bailey, an act to amend the 

 5    Education Law; 

 6                 Senate Print 5542, by 

 7    Senator Brooks, an act to amend the Military Law; 

 8                 Senate Print 6028, by 

 9    Senator Breslin, an act to amend the 

10    Insurance Law; 

11                 Senate Print 6093A, by 

12    Senator Gounardes, an act to amend the 

13    Retirement and Social Security Law; 

14                 Senate Print 6156, by Senator Boyle, 

15    an act to amend the Highway Law; 

16                 Senate Print 6348A, by Senator May, 

17    an act to amend the Social Services Law; 

18                 Senate Print 6385B, by 

19    Senator Hoylman, an act to amend the 

20    Domestic Relations Law;

21                 Senate Print 6598B, by 

22    Senator Cooney, an act to amend the Vehicle and 

23    Traffic Law; 

24                 Senate Print 6665, by 

25    Senator Savino, an act to amend the 


                                                               4481

 1    General Business Law; 

 2                 Senate Print 6789A, by 

 3    Senator Persaud, an act to amend the 

 4    Social Services Law; 

 5                 Senate Print 6842A, by 

 6    Senator Comrie, an act to amend the 

 7    Environmental Conservation Law; 

 8                 Senate Print 6857, by 

 9    Senator Bailey, an act to amend the 

10    Criminal Procedure Law; 

11                 Senate Print 6949, by 

12    Senator Kennedy, an act to amend the Banking Law; 

13                 Senate Print 7042B, by Senator Ryan, 

14    an act to amend the Vehicle and Traffic Law; 

15                 Senate Print 7224A, by 

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

17                 Senate Print 7313A, by 

18    Senator Harckham, an act to amend the 

19    Criminal Procedure Law.

20                 Senate Print 7377, by Senator Mayer, 

21    an act to amend the Mental Hygiene Law; 

22                 Senate Print 7445B, by 

23    Senator Comrie, an act to amend the 

24    General Municipal Law; 

25                 Senate Print 7493A, by 


                                                               4482

 1    Senator Hoylman, an act to amend the 

 2    General Obligations Law; 

 3                 Senate Print 7585, by 

 4    Senator Persaud, an act to amend the 

 5    Agriculture and Markets Law; 

 6                 Senate Print 8157, by 

 7    Senator Cleare, an act to amend the 

 8    Social Services Law; 

 9                 Senate Print 8369B, by 

10    Senator Gounardes, an act to amend the Labor Law; 

11                 Senate Print 8381B, by 

12    Senator Thomas, an act to amend the 

13    Public Authorities Law;

14                 Senate Print 8409A, by 

15    Senator Kennedy, an act to amend the 

16    Education Law; 

17                 Senate Print 8482, by 

18    Senator Akshar, an act to amend Chapter 433 of 

19    the Laws of 2013;

20                 Senate Print 8505, by Senator Stec, 

21    an act to authorize Nicholas Moore, Joshua Golden 

22    and Nathan Kasprzak to receive certain service 

23    credit under Section 384-d; 

24                 Senate Print 8551, by 

25    Senator O'Mara, an act to amend the Town Law; 


                                                               4483

 1                 Senate Print 8884A, by 

 2    Senator Hoylman, an act to amend the 

 3    Public Health Law; 

 4                 Senate Print 8893, by 

 5    Senator Persaud, an act to amend the 

 6    Public Health Law; 

 7                 Senate Print 8895A, by 

 8    Senator Kaplan, an act authorizing the Village of 

 9    Mineola, County of Nassau, to alienate certain 

10    parklands for use in the Village of Mineola;

11                 Senate Print 8922A, by 

12    Senator Ramos, an act to amend the Labor Law; 

13                 Senate Print 9026, by Senator Stec, 

14    an act granting retroactive Tier IV status in the 

15    New York State and Local Employees' Retirement 

16    System to Kimberly Kinblom;

17                 Senate Print 9112, by 

18    Senator Oberacker, an act to authorize 

19    Donald Kane of the Village of Mohawk to take the 

20    competitive civil service examination; 

21                 Senate Print 9132, by 

22    Senator Mannion, an act to amend the 

23    Education Law; 

24                 Senate Print 9134, by 

25    Senator Mannion, an act to amend the 


                                                               4484

 1    Education Law;

 2                 Senate Print 9354, by 

 3    Senator Skoufis, an act to amend the 

 4    Executive Law; 

 5                 Senate Print 9377, by 

 6    Senator Sepúlveda, an act to amend the New York 

 7    City Civil Court Act; 

 8                 Senate Print 9382, by 

 9    Senator Parker, an act to amend the 

10    Executive Law; 

11                 Senate Print 9409A, by 

12    Senator Salazar, an act to amend the 

13    Public Housing Law; 

14                 Senate Print 9414, by 

15    Senator Comrie, an act to amend the 

16    Public Service Law; 

17                 Senate Print 9425, by 

18    Senator Reichlin-Melnick, an act authorizing the 

19    Commissioner of General Services to transfer and 

20    convey certain unappropriated state land to the 

21    Sing Sing Prison Museum; 

22                 Senate Print 9428, by 

23    Senator Savino, an act to amend the Vehicle and 

24    Traffic Law;

25                 Senate Print 9438, by 


                                                               4485

 1    Senator Cleare, an act to amend the 

 2    Education Law; 

 3                 Senate Print 9439, by 

 4    Senator Kaplan, an act in relation to authorizing 

 5    the County of Nassau assessor to accept an 

 6    application for a real property tax exemption; 

 7                 Senate Print 9441, by 

 8    Senator Kennedy, an act to amend the 

 9    State Finance Law; 

10                 Senate Print 9449, by Senator Brouk, 

11    an act to amend the Education Law; 

12                 Senate Print 9452, by 

13    Senator Krueger, an act to amend the Tax Law.

14                 All bills reported direct to third 

15    reading.

16                 ACTING PRESIDENT PERSAUD:   Senator 

17    Liu.

18                 SENATOR LIU:   Madam President, I 

19    move to accept the report of the Rules Committee.

20                 ACTING PRESIDENT PERSAUD:   All 

21    those in favor of accepting the Rules Committee 

22    report signify by saying aye.

23                 (Response of "Aye.")

24                 ACTING PRESIDENT PERSAUD:   Opposed, 

25    nay.


                                                               4486

 1                 (No response.)

 2                 ACTING PRESIDENT PERSAUD:   The 

 3    report of the Rules Committee is accepted.

 4                 Senator Liu.

 5                 SENATOR LIU:   Madam President, 

 6    please take up the reading of the calendar.

 7                 ACTING PRESIDENT PERSAUD:   The 

 8    Secretary will read.

 9                 THE SECRETARY:   Calendar Number 

10    337, Assembly Print Number 6231, by 

11    Assemblymember Thiele, an act to amend the 

12    Real Property Law.

13                 ACTING PRESIDENT PERSAUD:   Read the 

14    last section.

15                 THE SECRETARY:   Section 2.  This 

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

17    shall have become a law.

18                 ACTING PRESIDENT PERSAUD:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT PERSAUD:   Announce 

22    the results.

23                 THE SECRETARY:   In relation to 

24    Calendar 337, those Senators voting in the 

25    negative are Senators Akshar, Borrello, Griffo, 


                                                               4487

 1    Helming, Jordan, Mattera, O'Mara, Ritchie, 

 2    Serino, Tedisco and Weik.

 3                 Ayes, 52.  Nays, 11.

 4                 ACTING PRESIDENT PERSAUD:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    339, Senate Print 6210B, by Senator Skoufis, an 

 8    act to amend the Executive Law and the 

 9    Energy Law.

10                 ACTING PRESIDENT PERSAUD:   Read the 

11    last section.

12                 THE SECRETARY:   Section 4.  This 

13    act shall take effect immediately.  

14                 ACTING PRESIDENT PERSAUD:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT PERSAUD:   Announce 

18    the results.

19                 THE SECRETARY:   In relation to 

20    Calendar Number 339, those Senators voting in the 

21    negative are Senators Akshar, Borrello, Gallivan, 

22    Griffo, Helming, Jordan, Martucci, Mattera, 

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

24    Serino, Stec and Tedisco.

25                 Ayes, 46.  Nays, 17.


                                                               4488

 1                 ACTING PRESIDENT PERSAUD:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    599, Assembly Print Number 9259A, by 

 5    Assemblymember Peoples-Stokes, an act to amend 

 6    the Executive Law and the State Finance Law.

 7                 ACTING PRESIDENT PERSAUD:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 2.  This 

10    act shall take effect immediately.

11                 ACTING PRESIDENT PERSAUD:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT PERSAUD:   Announce 

15    the results.

16                 THE SECRETARY:   Ayes, 63.

17                 ACTING PRESIDENT PERSAUD:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    600, Senate Print 3391, by Senator Bailey, an act 

21    to amend the Executive Law.

22                 ACTING PRESIDENT PERSAUD:   Read the 

23    last section.

24                 THE SECRETARY:   Section 3.  This 

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


                                                               4489

 1    shall have become a law.

 2                 ACTING PRESIDENT PERSAUD:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT PERSAUD:   Announce 

 6    the results.

 7                 THE SECRETARY:   In relation to 

 8    Calendar 600, those Senators voting in the 

 9    negative are Senators Borrello, Helming, Jordan, 

10    Oberacker, O'Mara, Ortt, Rath and Tedisco.

11                 Ayes, 55.  Nays, 8.

12                 ACTING PRESIDENT PERSAUD:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    652, Senate Print 1408, by Senator Gianaris, an 

16    act to amend the Criminal Procedure Law and the 

17    Civil Practice Law and Rules.

18                 ACTING PRESIDENT PERSAUD:   Read the 

19    last section.

20                 THE SECRETARY:   Section 4.  This 

21    act shall take effect immediately.

22                 ACTING PRESIDENT PERSAUD:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT PERSAUD:   Announce 


                                                               4490

 1    the results.

 2                 THE SECRETARY:   In relation to 

 3    Calendar 652, those Senators voting in the 

 4    negative are Senators Akshar, Borrello, Felder, 

 5    Gallivan, Griffo, Helming, Jordan, Lanza, 

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

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

 8    Weik.

 9                 Ayes, 43.  Nays, 20.

10                 ACTING PRESIDENT PERSAUD:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    705, Assembly Print Number 3241, by 

14    Assemblymember McDonald, an act to amend the 

15    Real Property Actions and Proceedings Law.

16                 ACTING PRESIDENT PERSAUD:   Read the 

17    last section.

18                 THE SECRETARY:   Section 2.  This 

19    act shall take effect immediately.

20                 ACTING PRESIDENT PERSAUD:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT PERSAUD:   Senator 

24    Ryan to explain his vote.

25                 SENATOR RYAN:   Thank you, 


                                                               4491

 1    Madam President.

 2                 I want to start by thanking my 

 3    Assembly -- former Assembly colleague John 

 4    McDonald for his hard work on the Assembly side 

 5    on this.  He brought this bill to my attention, 

 6    and we've worked on it over the last year.  

 7                 This bill will bring a receivership 

 8    program that's been authorized in New York City 

 9    for several years to be used in the rest of the 

10    state.  It will help to ensure that tenants 

11    across New York have a safe and habitable place 

12    to live.

13                  So there's a problem in New York 

14    State with residential landlords who don't 

15    maintain their property.  And what's a tenant to 

16    do?  Well, under the old rules a tenant would 

17    actually have to bring a lawsuit in a city court 

18    or a town court.  But we all know that's 

19    complicated, it's confusing, it's expensive and 

20    time-consuming, and you don't really know what 

21    the result is going to be.  

22                 This bill will give local 

23    governments the authority to step into the 

24    tenant's shoes and say that the property is not 

25    being maintained to the proper standards.  But 


                                                               4492

 1    the government steps in, and they would go to 

 2    court.  And if they get a ruling from the judge 

 3    that the standards are not upheld, the tenants 

 4    continue to pay their rent but the court appoints 

 5    a receiver.  And the receiver makes sure that the 

 6    repairs are done and that the property comes up 

 7    to a safe and a habitable premises.  

 8                 So we all want New Yorkers to live 

 9    in apartments that are safe and secure, and this 

10    bill is a key step in that direction.  Which is 

11    why I'm honored to sponsor it, and I proudly vote 

12    aye.

13                 Thank you, Madam Speaker -- 

14    Madam President.

15                 ACTING PRESIDENT PERSAUD:   Senator 

16    Ryan to be recorded in the affirmative.

17                 Announce the results.

18                 THE SECRETARY:   In relation to 

19    Calendar 705, those Senators voting in the 

20    negative are Senators Akshar, Borrello, Felder, 

21    Gallivan, Griffo, Helming, Jordan, Lanza, 

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

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

24    Weik.

25                 Ayes, 43.  Nays, 20.


                                                               4493

 1                 ACTING PRESIDENT PERSAUD:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    810, Assembly Print Number 7933C, by 

 5    Assemblymember González-Rojas, an act to amend 

 6    the Election Law.

 7                 ACTING PRESIDENT PERSAUD:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 2.  This 

10    act shall take effect immediately.

11                 ACTING PRESIDENT PERSAUD:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT PERSAUD:   Senator 

15    Jackson to explain his vote.

16                 SENATOR JACKSON:   Thank you, 

17    Madam President.  

18                 And my colleagues, I rise to speak 

19    in support of my colleague Senator Myrie's 

20    legislation, Bill S6901B.

21                 Continuously we see other states 

22    introduce laws that target LGBTQ+ and 

23    gender-nonconforming communities based on 

24    prejudice.  It is our duty as a state that 

25    believes in true democracy to remove barriers for 


                                                               4494

 1    nonbinary candidates.  We must adopt measures to 

 2    adapt existing rules intended to establish gender 

 3    diversity.

 4                 Diversity is at New York's core, and 

 5    our leaders should be representative of different 

 6    gender identities and expressions.  Limiting 

 7    nonbinary people to choosing among the two 

 8    traditional genders, male and female, to run for 

 9    most political party offices is a glaring defect 

10    in our Election Law that amounts to erasure and 

11    exclusion.

12                 This legislation corrects the 

13    injustice.  Nonbinary individuals who want to 

14    serve are entitled to the opportunity to run and 

15    be elected to state committees and district 

16    leaders just as much as their other-genders 

17    neighbors do.

18                 And I am a proud cosponsor of this 

19    bill and believe it's time that we do away with 

20    the binary-gendered way of engaging New Yorkers.  

21    On our first day of Pride Month, this bill 

22    enhances political participation and demonstrates 

23    commitment to the broad range of identities that 

24    we know will move our state forward.

25                 Madam President, I proudly vote aye 


                                                               4495

 1    at the beginning of Pride Month.

 2                 ACTING PRESIDENT PERSAUD:   Senator 

 3    Jackson to be recorded in the affirmative.

 4                 Announce the results.

 5                 THE SECRETARY:   In relation to 

 6    Calendar 810, those Senators voting in the 

 7    negative are Senators Akshar, Borrello, Felder, 

 8    Griffo, Helming, Jordan, Martucci, Oberacker, 

 9    O'Mara, Ortt, Palumbo, Stec and Tedisco.

10                 Ayes, 50.  Nays, 13.

11                 ACTING PRESIDENT PERSAUD:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 

14    825, Senate Print 3736, by Senator Comrie, an act 

15    to amend the Executive Law.

16                 ACTING PRESIDENT PERSAUD:   Read the 

17    last section.

18                 THE SECRETARY:   Section 2.  This 

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

20    shall have become a law.

21                 ACTING PRESIDENT PERSAUD:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT PERSAUD:   Announce 

25    the results.


                                                               4496

 1                 THE SECRETARY:   Ayes, 63.

 2                 ACTING PRESIDENT PERSAUD:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    851, Senate Print 707, by Senator Kaplan, an act 

 6    to direct the Empire State Development 

 7    Corporation to conduct a study on the feasibility 

 8    of a minority and women-owned business capacity 

 9    enterprise mentorship program.  

10                 ACTING PRESIDENT PERSAUD:   Read the 

11    last section.

12                 THE SECRETARY:   Section 2.  This 

13    act shall take effect immediately.

14                 ACTING PRESIDENT PERSAUD:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT PERSAUD:   Announce 

18    the results.  

19                 THE SECRETARY:   In relation to 

20    Calendar Number 851, voting in the negative:  

21    Senator O'Mara.  

22                 Ayes, 62.  Nays, 1.

23                 ACTING PRESIDENT PERSAUD:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               4497

 1    891, Senate Print 8278, by Senator Hoylman, an 

 2    act to amend the Public Health Law.

 3                 ACTING PRESIDENT PERSAUD:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 2.  This 

 6    act shall take effect immediately.

 7                 ACTING PRESIDENT PERSAUD:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT PERSAUD:   Senator 

11    Hoylman to explain his vote.

12                 SENATOR HOYLMAN:   Thank you, 

13    Madam President.  I rise to support this 

14    legislation that will amend the Public Health Law 

15    in relation to requiring the Department of Health 

16    to conduct a public information and outreach 

17    campaign on medically unnecessary treatments on 

18    persons born with intersex traits or variation in 

19    sex characteristics.  

20                 You know, there are over 30 

21    combinations of male and female biological 

22    traits, called intersex variations, that occur in 

23    at least 1.7 percent, 1.7 percent of the 

24    population.  In the majority of these cases, 

25    infants and children born with variations in sex 


                                                               4498

 1    characteristics don't require medical treatments 

 2    for their immediate physical health.  

 3                 Nevertheless, many intersex youth 

 4    are subject to non-emergency medical procedures, 

 5    including sterilization, to make them fit -- to 

 6    make them fit into restrictive male, female, 

 7    binary categories, the ones that Senator Jackson 

 8    was just speaking on.  These non-emergency 

 9    medical procedures are classified as human rights 

10    violations by the United Nations.

11                 This bill aims to respond to those 

12    harms and bring attention to the natural 

13    existence of people born with intersex traits and 

14    the risks associated with non-emergency medical 

15    procedures often recommended for and performed on 

16    them.

17                 It encourages the Department of 

18    Health to conduct public outreach campaigns to 

19    inform parents and the medical establishment 

20    about the nature and implications of such 

21    procedures.  These procedures -- which continue 

22    to this day in New York State, even though such 

23    procedures may result in lasting harm -- have 

24    been deemed human rights violations by the U.N. 

25    and other multiple international agencies.  


                                                               4499

 1                 These procedures are often performed 

 2    before a child reaches the age of two, despite no 

 3    urgent medical considerations that would require 

 4    immediacy in the majority of cases.  Meaning the 

 5    individual is needlessly subjected to 

 6    irreversible procedures that they haven't 

 7    requested and that cause harm in many cases.

 8                 There's evidence that these 

 9    procedures can cause severe psychological and 

10    physiological harm, especially when performed 

11    without the express informed consent of the 

12    individual.  These harms can last a lifetime and 

13    include scarring, chronic pain, sterilization, 

14    loss of future sexual sensation and function, 

15    recurring complications requiring repeated 

16    follow-up procedures, depression, posttraumatic 

17    stress disorder, suicidality, and incorrect 

18    gender assignment.

19                 I vote aye, Madam President.  Thank 

20    you.

21                 ACTING PRESIDENT PERSAUD:   Senator 

22    Hoylman to be recorded in the affirmative.

23                 Announce the results.

24                 THE SECRETARY:   In relation to 

25    Calendar 891, those Senators voting in the 


                                                               4500

 1    negative are Senators Akshar, Borrello, Felder, 

 2    Gallivan, Griffo, Helming, Jordan, Lanza, 

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

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

 5    Weik.

 6                 Ayes, 43.  Nays, 20.

 7                 ACTING PRESIDENT PERSAUD:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    986, Assembly Bill Number 1880A, by 

11    Assemblymember Dinowitz, an act relating to 

12    requiring home health aides and nurse's aides to 

13    receive training in working with patients of 

14    diverse sexual orientations.

15                 ACTING PRESIDENT PERSAUD:   Read the 

16    last section.

17                 THE SECRETARY:   Section 2.  This 

18    act shall take effect immediately.  

19                 ACTING PRESIDENT PERSAUD:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT PERSAUD:   Announce 

23    the results.

24                 THE SECRETARY:   In relation to 

25    Calendar 986, those Senators voting in the 


                                                               4501

 1    negative are Senators Borrello, Felder and 

 2    Serino.

 3                 Ayes, 60.  Nays, 3.

 4                 ACTING PRESIDENT PERSAUD:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    1127, Senate Print 8989A, by Senator Skoufis, an 

 8    act to amend the Alcoholic Beverage Control Law.

 9                 ACTING PRESIDENT PERSAUD:   Read the 

10    last section.

11                 THE SECRETARY:   Section 4.  This 

12    act shall take effect immediately.

13                 ACTING PRESIDENT PERSAUD:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT PERSAUD:   Announce 

17    the results.

18                 THE SECRETARY:   Ayes, 63.

19                 ACTING PRESIDENT PERSAUD:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    1219, Senate Print 6501B, by Senator May, an act 

23    to amend the Executive Law.

24                 ACTING PRESIDENT PERSAUD:   Read the 

25    last section.


                                                               4502

 1                 THE SECRETARY:   Section 2.  This 

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

 3    shall have become a law.

 4                 ACTING PRESIDENT PERSAUD:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT PERSAUD:   Senator 

 8    May to explain her vote.

 9                 SENATOR MAY:   Thank you, 

10    Madam President.  I am proud to join many of my 

11    colleagues with bills on this package for 

12    Pride Month.  And my bill would create a LGBT 

13    permanent advisory board.  

14                 So the Executive and the Legislature 

15    have enjoyed a good relationship with the LGBT 

16    community through organizations like Equality 

17    New York and the New Pride Agenda and SAGE, which 

18    I have worked with very closely because they're 

19    dedicated to supporting aging and older LGBT 

20    people.

21                 But by establishing a permanent 

22    advisory board, we will ensure that these 

23    relationships will remain robust and that the 

24    LGBT community will always have a seat at the 

25    table in New York State.  So I proudly vote aye.


                                                               4503

 1                 Thank you.

 2                 ACTING PRESIDENT PERSAUD:   Senator 

 3    May to be recorded in the affirmative.

 4                 Announce the results.

 5                 THE SECRETARY:   In relation to 

 6    Calendar Number 1219, voting in the negative:  

 7    Senator Felder.

 8                 Ayes, 62.  Nays, 1.

 9                 ACTING PRESIDENT PERSAUD:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    1288, Senate Print 8271A, by Senator Sanders, an 

13    act to amend the Workers' Compensation Law.

14                 ACTING PRESIDENT PERSAUD:   Read the 

15    last section.

16                 THE SECRETARY:   Section 2.  This 

17    act shall take effect immediately.

18                 ACTING PRESIDENT PERSAUD:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT PERSAUD:   Announce 

22    the results.

23                 THE SECRETARY:   In relation to 

24    Calendar 1288, those Senators voting in the 

25    negative are Senators Akshar, Borrello, Gallivan, 


                                                               4504

 1    Griffo, Helming, Jordan, Martucci, Mattera, 

 2    Oberacker, O'Mara, Ortt, Rath, Ritchie, Serino, 

 3    Stec and Tedisco.  

 4                 Ayes, 47.  Nays, 16.

 5                 ACTING PRESIDENT PERSAUD:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    1339, Senate Print 7618, by Senator Brisport, an 

 9    act to amend the Social Services Law.

10                 ACTING PRESIDENT PERSAUD:   Read the 

11    last section.

12                 THE SECRETARY:   Section 2.  This 

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

14    shall have become a law.

15                 ACTING PRESIDENT PERSAUD:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT PERSAUD:   Announce 

19    the results.

20                 THE SECRETARY:   In relation to 

21    Calendar 1339, those Senators voting in the 

22    negative are Senators Akshar, Borrello, Gallivan, 

23    Griffo, Helming, Jordan, Lanza, Martucci, 

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

25    Ritchie, Stec, Tedisco and Weik.


                                                               4505

 1                 Ayes, 45.  Nays, 18.

 2                 ACTING PRESIDENT PERSAUD:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    1349, Assembly Print Number 10152, by the 

 6    Assembly Committee on Rules, an act to amend the 

 7    Social Services Law.

 8                 ACTING PRESIDENT PERSAUD:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 2.  This 

11    act shall take effect January 1, 2023.

12                 ACTING PRESIDENT PERSAUD:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT PERSAUD:   Announce 

16    the results.

17                 THE SECRETARY:   Ayes, 63.  

18                 ACTING PRESIDENT PERSAUD:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    1419, Senate Print 541B, by Senator Kaplan, an 

22    act to amend the Executive Law.

23                 ACTING PRESIDENT PERSAUD:   Read the 

24    last section.

25                 THE SECRETARY:   Section 2.  This 


                                                               4506

 1    act shall take effect immediately.

 2                 ACTING PRESIDENT PERSAUD:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT PERSAUD:   Announce 

 6    the results.

 7                 THE SECRETARY:   Ayes, 63.

 8                 ACTING PRESIDENT PERSAUD:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    1467, Senate Print 9069, by Senator Helming, an 

12    act to amend the Alcoholic Beverage Control Law.

13                 ACTING PRESIDENT PERSAUD:   Read the 

14    last section.

15                 THE SECRETARY:   Section 2.  This 

16    act shall take effect immediately.

17                 ACTING PRESIDENT PERSAUD:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT PERSAUD:   Announce 

21    the results.

22                 THE SECRETARY:   Ayes, 63.

23                 ACTING PRESIDENT PERSAUD:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               4507

 1    1486, Senate Print 9351, by Senator Sanders, an 

 2    act to amend the New York City Charter.

 3                 ACTING PRESIDENT PERSAUD:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 3.  This 

 6    act shall take effect immediately.

 7                 ACTING PRESIDENT PERSAUD:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT PERSAUD:   Announce 

11    the results.

12                 THE SECRETARY:   In relation to 

13    Calendar Number 1486, voting in the negative:  

14    Senator Weik.

15                 Ayes, 62.  Nays, 1.

16                 ACTING PRESIDENT PERSAUD:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    1521, Assembly Print Number 807, by 

20    Assemblymember O'Donnell, an act to amend the 

21    Insurance Law.

22                 ACTING PRESIDENT PERSAUD:   Read the 

23    last section.

24                 THE SECRETARY:   Section 2.  This 

25    act shall take effect immediately.


                                                               4508

 1                 ACTING PRESIDENT PERSAUD:   Call the 

 2    roll.

 3                 (The Secretary called the roll.)

 4                 ACTING PRESIDENT PERSAUD:   Senator 

 5    Hoylman to explain his vote.

 6                 SENATOR HOYLMAN:   Thank you, 

 7    Madam President.

 8                 Even before the recent attacks on 

 9    LGBTQ+ people by our country's state governments, 

10    queer folks faced tremendous barriers to be able 

11    to live freely and healthily.  Social and 

12    structural issues such as HIV stigma, homophobia, 

13    discrimination, poverty, and limited access to 

14    high-quality healthcare influence health outcomes 

15    and continue to drive inequalities.  

16                 It's no secret that HIV 

17    disproportionately impacts LGBTQ+ people.  A 

18    service called AIDSVu reports that in 2019, gay 

19    and bisexual men living with HIV represented over 

20    half, 56 percent, of all people living with HIV 

21    in the U.S.  This bill helps address these health 

22    and income inequalities that much of our LGBTQ+ 

23    community battles.

24                 Pre-exposure prophylaxis, otherwise 

25    known as PrEP, and post-exposure prophylaxis, 


                                                               4509

 1    otherwise known as PEP, are two important tools 

 2    for preventing the spread of HIV.  According to 

 3    the Centers for Disease Control, PrEP has been 

 4    shown to reduce the risk of HIV infection in 

 5    people at high risk of contracting HIV up to 

 6    92 percent when taken consistently.

 7                 PEP regimens are anti-retroviral 

 8    drugs taken to stop the spread of HIV after a 

 9    single high-risk event.  PEP can be used to treat 

10    healthcare workers who have been exposed to blood 

11    or bodily fluids of HIV-positive patients as well 

12    as people who have been exposed to HIV through 

13    unprotected sex, needle sharing, or sexual 

14    assault.  

15                 Allowing access to PrEP and PEP is 

16    an important part of the fight to end the AIDS 

17    epidemic in New York.  This legislation that I 

18    carry with Assemblymember O'Donnell will ensure 

19    that insurance policies covering prescription 

20    drugs include coverage for PrEP and PEP.  Let's 

21    make our healthcare system a little more 

22    inclusive, keep our LGBTQ+ community safe, and 

23    pass this common-sense bill.  

24                 I vote aye, Madam President.  Thank 

25    you.


                                                               4510

 1                 ACTING PRESIDENT PERSAUD:   Senator 

 2    Hoylman to be recorded in the affirmative.

 3                 Announce the results.

 4                 THE SECRETARY:   In relation to 

 5    Calendar 1521, those Senators voting in the 

 6    negative are Senators Borrello, Gallivan, Griffo, 

 7    Jordan, Martucci, O'Mara, Ortt, Rath, Stec and 

 8    Tedisco.

 9                 Ayes, 53.  Nays, 10.

10                 ACTING PRESIDENT PERSAUD:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    1524, Assembly Print Number 357A, by 

14    Assemblymember Magnarelli, an act to amend the 

15    Military Law.

16                 ACTING PRESIDENT PERSAUD:   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 PERSAUD:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT PERSAUD:   Announce 

25    the results.


                                                               4511

 1                 THE SECRETARY:   In relation to 

 2    Calendar Number 1524, voting in the negative:  

 3    Senator Brisport.

 4                 Ayes, 62.  Nays, 1.

 5                 ACTING PRESIDENT PERSAUD:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    1525, Senate Print 3192, by Senator Ortt, an act 

 9    relating to authorizing the Village of Lewiston 

10    to reduce the speed limit on certain public 

11    roadways.

12                 ACTING PRESIDENT PERSAUD:   There is 

13    a home-rule message at the desk.

14                 Read the last section.

15                 THE SECRETARY:   Section 2.  This 

16    act shall take effect immediately.

17                 ACTING PRESIDENT PERSAUD:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT PERSAUD:   Announce 

21    the results.

22                 THE SECRETARY:   Ayes, 63.

23                 ACTING PRESIDENT PERSAUD:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               4512

 1    1527, Assembly Print Number 8936A, by 

 2    Assemblymember Fahy, an act to amend the 

 3    Highway Law.

 4                 ACTING PRESIDENT PERSAUD:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 2.  This 

 7    act shall take effect one year after it shall 

 8    have become a law.

 9                 ACTING PRESIDENT PERSAUD:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT PERSAUD:   Announce 

13    the results.

14                 THE SECRETARY:   Ayes, 63.

15                 ACTING PRESIDENT PERSAUD:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    1528, Assembly Print Number 4217, by 

19    Assemblymember Thiele, an act to amend the 

20    Real Property Tax Law.

21                 ACTING PRESIDENT PERSAUD:   Read the 

22    last section.

23                 THE SECRETARY:   Section 2.  This 

24    act shall take effect on the first of April.

25                 ACTING PRESIDENT PERSAUD:   Call the 


                                                               4513

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT PERSAUD:   Announce 

 4    the results.

 5                 THE SECRETARY:   Ayes, 63.

 6                 ACTING PRESIDENT PERSAUD:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    1531, Senate Print 4987, by Senator Lanza, an act 

10    to amend the Vehicle and Traffic Law.

11                 ACTING PRESIDENT PERSAUD:   Read the 

12    last section.

13                 THE SECRETARY:   Section 4.  This 

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

15    shall have become a law.

16                 ACTING PRESIDENT PERSAUD:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT PERSAUD:   Announce 

20    the results.

21                 THE SECRETARY:   Ayes, 63.

22                 ACTING PRESIDENT PERSAUD:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 

25    1532, Senate Print 5040, by Senator Parker, an 


                                                               4514

 1    act to amend the Civil Practice Law and Rules.

 2                 ACTING PRESIDENT PERSAUD:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 2.  This 

 5    act shall take effect immediately.  

 6                 ACTING PRESIDENT PERSAUD:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT PERSAUD:   Announce 

10    the results.

11                 THE SECRETARY:   In relation to 

12    Calendar 1532, those Senators voting in the 

13    negative are Senators Borrello, Gallivan, Griffo, 

14    Helming, Jordan, Martucci, Oberacker, O'Mara, 

15    Ortt, Rath, Serino, Stec, Tedisco and Weik.

16                 Ayes, 49.  Nays, 14.

17                 ACTING PRESIDENT PERSAUD:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    1536, Senate Print 6313C, by Senator Ortt, an act 

21    in relation to authorizing the County of Niagara 

22    to transfer ownership of certain parkland to the 

23    Town of Lockport.

24                 ACTING PRESIDENT PERSAUD:   There is 

25    a home-rule message at the desk.


                                                               4515

 1                 Read the last section.

 2                 THE SECRETARY:   Section 7.  This 

 3    act shall take effect immediately.

 4                 ACTING PRESIDENT PERSAUD:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT PERSAUD:   Announce 

 8    the results.

 9                 THE SECRETARY:   Ayes, 63.

10                 ACTING PRESIDENT PERSAUD:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    1537, Senate Print 7029, by Senator Skoufis, an 

14    act to amend the Real Property Tax Law.

15                 ACTING PRESIDENT PERSAUD:   Read the 

16    last section.

17                 THE SECRETARY:   Section 2.  This 

18    act shall take effect immediately.

19                 ACTING PRESIDENT PERSAUD:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT PERSAUD:   Announce 

23    the results.

24                 THE SECRETARY:   In relation to 

25    Calendar Number 1537, voting in the negative:  


                                                               4516

 1    Senator Lanza.

 2                 Ayes, 62.  Nays, 1.

 3                 ACTING PRESIDENT PERSAUD:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    1538, Senate Print 7030, by Senator Skoufis, an 

 7    act to amend the Real Property Tax Law.

 8                 ACTING PRESIDENT PERSAUD:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 2.  This 

11    act shall take effect immediately.

12                 ACTING PRESIDENT PERSAUD:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT PERSAUD:   Announce 

16    the results.

17                 THE SECRETARY:   In relation to 

18    Calendar Number 1538, voting in the negative:  

19    Senator Lanza.  

20                 Ayes, 62.  Nays, 1.

21                 ACTING PRESIDENT PERSAUD:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    1541, Senate Print 7286A, by Senator Breslin, an 

25    act to authorize William Schumaker and Mark 


                                                               4517

 1    Hennessy to receive certain service credit under 

 2    Section 384-d of the Retirement and Social 

 3    Security Law.

 4                 SENATOR GIANARIS:   Lay it aside for 

 5    the day.

 6                 ACTING PRESIDENT PERSAUD:   Lay it 

 7    aside for the day.

 8                 THE SECRETARY:   Calendar Number 

 9    1545, Assembly Print Number 8295, by 

10    Assemblymember Salka, an act to amend the 

11    General Municipal Law.  

12                 ACTING PRESIDENT PERSAUD:   Read the 

13    last section.

14                 THE SECRETARY:   Section 2.  This 

15    act shall take effect immediately.  

16                 ACTING PRESIDENT PERSAUD:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT PERSAUD:   Announce 

20    the results.

21                 THE SECRETARY:   Ayes, 63.

22                 ACTING PRESIDENT PERSAUD:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 

25    1549, Assembly Print Number 8578, by 


                                                               4518

 1    Assemblymember Gunther, an act to amend the 

 2    Criminal Procedure Law.

 3                 ACTING PRESIDENT PERSAUD:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 2.  This 

 6    act shall take effect immediately.

 7                 ACTING PRESIDENT PERSAUD:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT PERSAUD:   Announce 

11    the results.

12                 THE SECRETARY:   Ayes, 63.

13                 ACTING PRESIDENT PERSAUD:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    1550, Senate Print 8024, by Senator Kaplan, an 

17    act to amend the Highway Law.

18                 ACTING PRESIDENT PERSAUD:   Read the 

19    last section.

20                 THE SECRETARY:   Section 3.  This 

21    act shall take effect immediately.

22                 ACTING PRESIDENT PERSAUD:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT PERSAUD:   Announce 


                                                               4519

 1    the results.

 2                 THE SECRETARY:   In relation to 

 3    Calendar Number 1550, voting in the negative:  

 4    Senator Brisport.  

 5                 Ayes, 62.  Nays, 1.

 6                 ACTING PRESIDENT PERSAUD:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    1554, Senate Print 8130, by Senator Kennedy, an 

10    act to amend the Labor Law.

11                 ACTING PRESIDENT PERSAUD:   Read the 

12    last section.

13                 THE SECRETARY:   Section 2.  This 

14    act shall take effect immediately.  

15                 ACTING PRESIDENT PERSAUD:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT PERSAUD:   Announce 

19    the results.

20                 THE SECRETARY:   In relation to 

21    Calendar Number 1554, those Senators voting in 

22    the negative are Senators Akshar, Borrello, 

23    Helming, Jordan, Lanza, Martucci, Oberacker, 

24    O'Mara, Ortt, Palumbo, Rath, Serino, Stec, 

25    Tedisco and Weik.


                                                               4520

 1                 Ayes, 48.  Nays, 15.

 2                 ACTING PRESIDENT PERSAUD:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    1555, Senate Print 8156, by Senator Persaud, an 

 6    act to amend the Insurance Law and the 

 7    Social Services Law.

 8                 ACTING PRESIDENT PERSAUD:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 5.  This 

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

12    shall have become a law.

13                 ACTING PRESIDENT PERSAUD:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT PERSAUD:   Announce 

17    the results.

18                 THE SECRETARY:   Ayes, 63.

19                 ACTING PRESIDENT PERSAUD:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    1557, Senate Print 8218, by Senator Gounardes, an 

23    act to amend the Real Property Tax Law.

24                 ACTING PRESIDENT PERSAUD:   Read the 

25    last section.


                                                               4521

 1                 THE SECRETARY:   Section 2.  This 

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

 3    shall have become a law.

 4                 ACTING PRESIDENT PERSAUD:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT PERSAUD:   Announce 

 8    the results.

 9                 THE SECRETARY:   Ayes, 63.

10                 ACTING PRESIDENT PERSAUD:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    1562, Senate Print 8472B, by Senator Mannion, an 

14    act to amend the Highway Law.

15                 ACTING PRESIDENT PERSAUD:   Read the 

16    last section.

17                 THE SECRETARY:   Section 3.  This 

18    act shall take effect immediately.

19                 ACTING PRESIDENT PERSAUD:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT PERSAUD:   Senator 

23    Borrello to explain his vote.

24                 SENATOR BORRELLO:   Thank you, 

25    Madam President.


                                                               4522

 1                 First of all, I want to thank the 

 2    sponsor, Senator Mannion, and the cosponsors for 

 3    this bill.

 4                 This is a long time coming, removing 

 5    this senseless resurveying fee.  This has really 

 6    hindered broadband expansion, particularly in our 

 7    rural areas.  I have said on the floor in the 

 8    past that I'm not an expert on telephone poles, 

 9    but I do know that they don't just get up and 

10    walk around.  And that is really the basis of the 

11    senselessness of having to resurvey these poles.  

12                 This is a cost of approximately 

13    $5,000 to $15,000 per mile that's unnecessary, 

14    and it's once again hindered broadband 

15    development.  It's actually the second part of 

16    another effort that we've accomplished, to remove 

17    the unnecessary Department of Transportation 

18    right-of-way fees that were also hindering the 

19    expansion of broadband throughout New York State.  

20                 So I'm glad to see that this 

21    bipartisan effort has resulted in something that 

22    will truly expand what is now a critically needed 

23    service.  Just like electricity and water and 

24    sewer, broadband is critical to the expansion and 

25    improvement of our lives here in New York State.  


                                                               4523

 1    The expansion of small business, of working 

 2    remotely, of educating remotely, everything else 

 3    that we noticed during the pandemic was sadly 

 4    lacking, we are now correcting that today with 

 5    this bill.  

 6                 I'm proud to be a cosponsor, and I'm 

 7    proud to vote aye.  Thank you.

 8                 ACTING PRESIDENT PERSAUD:   Senator 

 9    Borrello to be recorded in the affirmative.

10                 Announce the results.  

11                 THE SECRETARY:   Ayes, 63.

12                 ACTING PRESIDENT PERSAUD:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    1566, Assembly Print Number 9650A, by 

16    Assemblymember Jacobson, an act to amend the 

17    General Municipal Law.

18                 ACTING PRESIDENT PERSAUD:   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 PERSAUD:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               4524

 1                 ACTING PRESIDENT PERSAUD:   Announce 

 2    the results.

 3                 THE SECRETARY:   Ayes, 63.

 4                 ACTING PRESIDENT PERSAUD:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    1577, Senate Print 8829A, by Senator Hoylman, an 

 8    act to amend the Tax Law.

 9                 ACTING PRESIDENT PERSAUD:   Read the 

10    last section.

11                 THE SECRETARY:   Section 2.  This 

12    act shall take effect immediately.

13                 ACTING PRESIDENT PERSAUD:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT PERSAUD:   Announce 

17    the results.

18                 THE SECRETARY:   In relation to 

19    Calendar 1577, those Senators voting in the 

20    negative are Senators Akshar, Helming, Jordan, 

21    Martucci, Ortt, Serino, Skoufis, Stec and 

22    Tedisco.

23                 Ayes, 54.  Nays, 9.

24                 ACTING PRESIDENT PERSAUD:   The bill 

25    is passed.


                                                               4525

 1                 THE SECRETARY:   Calendar Number 

 2    1584, Senate Print 9019, by Senator Gaughran, an 

 3    act in relation to establishing a Caumsett State 

 4    Park fire readiness study.

 5                 ACTING PRESIDENT PERSAUD:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 3.  This 

 8    act shall take effect immediately.

 9                 ACTING PRESIDENT PERSAUD:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT PERSAUD:   Announce 

13    the results.

14                 THE SECRETARY:   Ayes, 63.

15                 ACTING PRESIDENT PERSAUD:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    1585, Senate Print 9023, by Senator Brooks, an 

19    act to amend the Highway Law.

20                 ACTING PRESIDENT PERSAUD:   Read the 

21    last section.

22                 THE SECRETARY:   Section 3.  This 

23    act shall take effect immediately.

24                 ACTING PRESIDENT PERSAUD:   Call the 

25    roll.


                                                               4526

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT PERSAUD:   Announce 

 3    the results.

 4                 THE SECRETARY:   In relation to 

 5    Calendar Number 1585, voting in the negative:  

 6    Senator Brisport.

 7                 Ayes, 62.  Nays, 1.

 8                 ACTING PRESIDENT PERSAUD:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    1586, Senate Print 9028, by Senator Cooney, an 

12    act to amend the Highway Law.

13                 ACTING PRESIDENT PERSAUD:   Read the 

14    last section.

15                 THE SECRETARY:   Section 3.  This 

16    act shall take effect immediately.  

17                 ACTING PRESIDENT PERSAUD:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT PERSAUD:   Announce 

21    the results.

22                 THE SECRETARY:   Ayes, 63.

23                 ACTING PRESIDENT PERSAUD:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               4527

 1    1587, Senate Print 9029A, by Senator Ramos, an 

 2    act to amend the Social Services Law.

 3                 ACTING PRESIDENT PERSAUD:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 4.  This 

 6    act shall take effect immediately.

 7                 ACTING PRESIDENT PERSAUD:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT PERSAUD:   Senator 

11    Brisport to explain his vote.

12                 SENATOR BRISPORT:   Thank you, 

13    Madam President.

14                 You know, by now I expect some of 

15    you are tired of hearing me speak about 

16    childcare, so I will ask humbly for your 

17    continued care and patience.  Because as tired as 

18    we may be about talking and hearing about it, 

19    parents are infinitely more tired of living with 

20    the consequences of our current broken system.  

21                 Parents are tired of turning in a 

22    form three times only to be told after the fact 

23    that they needed a slightly different form.  They 

24    are tired of having to ask their bosses to do 

25    them the favor of writing employment letters and 


                                                               4528

 1    then to redo those letters because they weren't 

 2    signed in the right spot.  They are tired of 

 3    turning down job offers because they can't get 

 4    approved for childcare subsidies quickly enough 

 5    to accept.  They are tired of struggling for 

 6    months on end through a bureaucratic maze only to 

 7    end up still lacking childcare.

 8                 So while the intention of 

 9    means-testing childcare subsidies may have been 

10    to target resources to the families with the most 

11    need, in reality those are the very families 

12    least likely to have the capacity, knowledge and 

13    resources to successfully navigate the process.

14                 Anyone paying the slightest bit of 

15    attention has seen that means testing has been a 

16    monumental disaster for New York's families, for 

17    the childcare sector, and for our entire economy.  

18                 I want to thank Senator Ramos for 

19    introducing this bill to reduce the frequency of 

20    means testing and for her support on moving 

21    New York towards universal childcare, as well as 

22    the 22 other Senators who have cosponsored the 

23    Universal Childcare Act.  

24                 Today we are limited to reducing the 

25    damage caused by means testing, a system that we 


                                                               4529

 1    have allowed to continue.  But if we all stand 

 2    together and redouble our efforts beginning now, 

 3    we will have the opportunity in next year's 

 4    budget to right that wrong.  

 5                 So I'm asking that every Senator 

 6    join together in voting yes today, but also that 

 7    every Senator who does so, acknowledging the 

 8    extraordinary harms of means testing through that 

 9    yes vote, immediately join the 23 cosponsors of 

10    the Universal Childcare Act to finally replace 

11    this disastrous system.  

12                 Madam President, I vote aye on this 

13    bill.

14                 ACTING PRESIDENT PERSAUD:   Senator 

15    Brisport to be recorded in the affirmative.

16                 Senator Ramos to explain her vote.

17                 SENATOR RAMOS:   Thank you, 

18    Madam President.  I rise, of course, to explain 

19    my vote in support of this legislation.  

20                 You know, I came to the Senate as a 

21    mom.  I have a third-grader and a fifth-grader.  

22    And I can't tell you how difficult it was to 

23    obtain childcare before they entered their former 

24    schooling.  And that's why, with the budget 

25    process that we underwent just a few months ago, 


                                                               4530

 1    I wanted to prioritize, through the Early 

 2    Learning Childcare Act, serious changes to our 

 3    crumbling childcare infrastructure here in the 

 4    State of New York in order to not only take care 

 5    of parents but of childcare providers as well.  

 6                 Childcare providers are underpaid.  

 7    We don't value their work as we should here in 

 8    our society.  And quite frankly, businesses need 

 9    parents to get back to work, and that's not going 

10    to happen until we have a serious childcare 

11    system that actually addresses all of these 

12    inequalities.

13                 And so this bill, by allowing 

14    providers and parents to prove their eligibility 

15    every two years instead of every year, not only 

16    takes away some of the paperwork, some of that 

17    burden from parents and providers, but it 

18    actually helps providers get paid more so on 

19    time, which has traditionally been a serious 

20    issue for many of our childcare providers.

21                 And so I just want to say that I'm 

22    very proud of this small but mighty step that 

23    we're taking before the end of our session, but 

24    there is obviously a lot more work to do in order 

25    to make sure that every single New Yorker 


                                                               4531

 1    receives the childcare they deserve, regardless 

 2    of their immigration status in our state.

 3                 Thank you.

 4                 ACTING PRESIDENT PERSAUD:   Senator 

 5    Ramos to be recorded in the affirmative.

 6                 Announce the results.

 7                 THE SECRETARY:   Ayes, 63.

 8                 ACTING PRESIDENT PERSAUD:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    1593, Senate Print 9126, by Senator Weik, an act 

12    in relation to authorizing the assessor of the 

13    Town of Islip, County of Suffolk, to accept an 

14    application for exemption from real property 

15    taxes.

16                 ACTING PRESIDENT PERSAUD:   Read the 

17    last section.

18                 THE SECRETARY:   Section 2.  This 

19    act shall take effect immediately.  

20                 ACTING PRESIDENT PERSAUD:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT PERSAUD:   Announce 

24    the results.

25                 THE SECRETARY:   In relation to 


                                                               4532

 1    Calendar Number 1593, voting in the negative:  

 2    Senator O'Mara.

 3                 Ayes, 62.  Nays, 1.

 4                 ACTING PRESIDENT PERSAUD:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    1594, Assembly Print Number 10187, by the 

 8    Assembly Committee on Rules, an act to amend the 

 9    Environmental Conservation Law.

10                 ACTING PRESIDENT PERSAUD:   Read the 

11    last section.

12                 THE SECRETARY:   Section 4.  This 

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

14    shall have become a law.

15                 ACTING PRESIDENT PERSAUD:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT PERSAUD:   Announce 

19    the results.

20                 THE SECRETARY:   Ayes, 63.

21                 ACTING PRESIDENT PERSAUD:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    1619, Senate Print 9408, by Senator Parker, an 

25    act to amend the Mental Hygiene Law.


                                                               4533

 1                 ACTING PRESIDENT PERSAUD:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 3.  This 

 4    act shall take effect immediately.  

 5                 ACTING PRESIDENT PERSAUD:   Call the 

 6    roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT PERSAUD:   Announce 

 9    the results.

10                 THE SECRETARY:   Ayes, 63.

11                 ACTING PRESIDENT PERSAUD:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 

14    1629, Senate Print 954, by Senator Gaughran, an 

15    act to amend the Vehicle and Traffic Law.

16                 ACTING PRESIDENT PERSAUD:   Read the 

17    last section.

18                 THE SECRETARY:   Section 4.  This 

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

20    shall have become a law.

21                 ACTING PRESIDENT PERSAUD:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT PERSAUD:   Announce 

25    the results.


                                                               4534

 1                 THE SECRETARY:   Ayes, 63.

 2                 ACTING PRESIDENT PERSAUD:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    1630, Senate Print 1358A, by Senator Serrano, an 

 6    act to amend the Arts and Cultural Affairs Law.

 7                 ACTING PRESIDENT PERSAUD:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 2.  This 

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

11    shall have become a law.

12                 ACTING PRESIDENT PERSAUD:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT PERSAUD:   Announce 

16    the results.

17                 THE SECRETARY:   Ayes, 63.

18                 ACTING PRESIDENT PERSAUD:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    1631, Senate Print 1553D, by Senator Myrie, an 

22    act to amend the Criminal Procedure Law.

23                 SENATOR PALUMBO:   Lay it aside.

24                 ACTING PRESIDENT PERSAUD:   Lay it 

25    aside.


                                                               4535

 1                 THE SECRETARY:   Calendar Number 

 2    1633, Senate Print 1903A, by Senator Skoufis, an 

 3    act to amend the Highway Law. 

 4                 ACTING PRESIDENT PERSAUD:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 3.  This 

 7    act shall take effect immediately.

 8                 ACTING PRESIDENT PERSAUD:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT PERSAUD:   Announce 

12    the results.

13                 THE SECRETARY:   In relation to 

14    Calendar Number 1633, voting in the negative:  

15    Senator Brisport.

16                 Ayes, 62.  Nays, 1.

17                 ACTING PRESIDENT PERSAUD:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    1634, Senate Print 2045, by Senator Tedisco, an 

21    act to amend the County Law.

22                 ACTING PRESIDENT PERSAUD:   Read the 

23    last section.

24                 THE SECRETARY:   Section 2.  This 

25    act shall take effect immediately.


                                                               4536

 1                 ACTING PRESIDENT PERSAUD:   Call the 

 2    roll.

 3                 (The Secretary called the roll.)

 4                 ACTING PRESIDENT PERSAUD:   Announce 

 5    the results.

 6                 THE SECRETARY:   Ayes, 63.

 7                 ACTING PRESIDENT PERSAUD:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    1636, Senate Print 3164A, by Senator Sepúlveda, 

11    an act to amend the Surrogate's Court Procedure 

12    Act.

13                 ACTING PRESIDENT PERSAUD:   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 PERSAUD:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT PERSAUD:   Announce 

22    the results.

23                 THE SECRETARY:   In relation to 

24    Calendar 1636, those Senators voting in the 

25    negative are Senators Akshar, Borrello, Griffo, 


                                                               4537

 1    Helming, Jordan, Lanza, Martucci, Mattera, 

 2    Oberacker, O'Mara, Ortt, Rath, Serino, Stec, 

 3    Tedisco and Weik.

 4                 Ayes, 47.  Nays, 16.

 5                 ACTING PRESIDENT PERSAUD:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    1637, Assembly Print Number 4570A, by 

 9    Assemblymember Gottfried, an act to amend the 

10    Agriculture and Markets Law.

11                 ACTING PRESIDENT PERSAUD:   Read the 

12    last section.

13                 THE SECRETARY:   Section 2.  This 

14    act shall take effect immediately.

15                 ACTING PRESIDENT PERSAUD:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT PERSAUD:   Announce 

19    the results.

20                 THE SECRETARY:   Ayes, 63.

21                 ACTING PRESIDENT PERSAUD:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    1638, Assembly Print Number 3848, by the Assembly 

25    Committee on Rules, an act to amend the 


                                                               4538

 1    Highway Law.

 2                 ACTING PRESIDENT PERSAUD:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 2.  This 

 5    act shall take effect immediately.

 6                 ACTING PRESIDENT PERSAUD:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT PERSAUD:   Announce 

10    the results.

11                 THE SECRETARY:   Ayes, 63.

12                 ACTING PRESIDENT PERSAUD:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    1639, Assembly Print Number 9353, by 

16    Assemblymember Hawley, an act to authorize the 

17    County of Orleans to offer an optional 20-year 

18    retirement plan to Kevin Colonna.

19                 ACTING PRESIDENT PERSAUD:   There is 

20    a home-rule message at the desk.

21                 Read the last section.

22                 THE SECRETARY:   Section 2.  This 

23    act shall take effect immediately.  

24                 ACTING PRESIDENT PERSAUD:   Call the 

25    roll.


                                                               4539

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT PERSAUD:   Announce 

 3    the results.

 4                 THE SECRETARY:   In relation to 

 5    Calendar Number 1639, voting in the negative:  

 6    Senator Brisport.

 7                 Ayes, 62.  Nays, 1.

 8                 ACTING PRESIDENT PERSAUD:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    1641, Senate Print 4869A, by Senator Gaughran, an 

12    act granting retroactive membership with Tier II 

13    status in the New York State Teachers' Retirement 

14    System to Lori Cohen.

15                 ACTING PRESIDENT PERSAUD:   Read the 

16    last section.

17                 THE SECRETARY:   Section 2.  This 

18    act shall take effect immediately.

19                 ACTING PRESIDENT PERSAUD:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT PERSAUD:   Announce 

23    the results.

24                 THE SECRETARY:   Ayes, 63.

25                 ACTING PRESIDENT PERSAUD:   The bill 


                                                               4540

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    1642, Senate Print 5013A, by Senator Palumbo, an 

 4    act to provide procedures related to the adoption 

 5    and submission of an annual budget by the 

 6    Trustees of the Freeholders and Commonality of 

 7    the Town of Southampton.

 8                 ACTING PRESIDENT PERSAUD:   There is 

 9    a home-rule message at the desk.

10                 Read the last section.

11                 THE SECRETARY:   Section 3.  This 

12    act shall take effect immediately.

13                 ACTING PRESIDENT PERSAUD:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT PERSAUD:   Announce 

17    the results.

18                 THE SECRETARY:   Ayes, 63.

19                 ACTING PRESIDENT PERSAUD:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    1643, Senate Print 5406A, by Senator 

23    Reichlin-Melnick, an act in relation to 

24    authorizing Harvey Eilbaum to file a request for 

25    change of beneficiary with the New York State and 


                                                               4541

 1    Local Employees' Retirement System.  

 2                 ACTING PRESIDENT PERSAUD:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 2.  This 

 5    act shall take effect immediately.

 6                 ACTING PRESIDENT PERSAUD:   Call the 

 7    roll.  

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT PERSAUD:   Announce 

10    the results.  

11                 THE SECRETARY:   Ayes, 63.

12                 ACTING PRESIDENT PERSAUD:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    1644, Senate Print 6223A, by Senator 

16    Reichlin-Melnick, an act in relation to 

17    authorizing Thomas Collins to file a request for 

18    a change of benefit coverage for the New York 

19    State Teachers' Retirement System.

20                 ACTING PRESIDENT PERSAUD:   Read the 

21    last section.

22                 THE SECRETARY:   Section 3.  This 

23    act shall take effect immediately.

24                 ACTING PRESIDENT PERSAUD:   Call the 

25    roll.


                                                               4542

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT PERSAUD:   Announce 

 3    the results.

 4                 THE SECRETARY:   Ayes, 63.

 5                 ACTING PRESIDENT PERSAUD:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    1645, Senate Print 6224A, by Senator 

 9    Reichlin-Melnick, an act to authorize Jodi Manne 

10    to receive a refund from the New York State 

11    Teachers' Retirement System.

12                 ACTING PRESIDENT PERSAUD:   Read the 

13    last section.

14                 THE SECRETARY:   Section 3.  This 

15    act shall take effect immediately.  

16                 ACTING PRESIDENT PERSAUD:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT PERSAUD:   Announce 

20    the results.

21                 THE SECRETARY:   Ayes, 63.

22                 ACTING PRESIDENT PERSAUD:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 

25    1646, Senate Print 6453C, by Senator Parker, an 


                                                               4543

 1    act to amend the Public Authorities Law.

 2                 SENATOR PALUMBO:   Lay it aside.

 3                 ACTING PRESIDENT PERSAUD:   Lay it 

 4    aside.

 5                 THE SECRETARY:   Calendar Number 

 6    1647, Senate Print 6544C, by Senator Gallivan, an 

 7    act to amend the Highway Law.

 8                 ACTING PRESIDENT PERSAUD:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 3.  This 

11    act shall take effect immediately.

12                 ACTING PRESIDENT PERSAUD:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT PERSAUD:   Announce 

16    the results.

17                 THE SECRETARY:   In relation to 

18    Calendar Number 1647, voting in the negative:  

19    Senator Brisport.

20                 Ayes, 62.  Nays, 1.

21                 ACTING PRESIDENT PERSAUD:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    1648, Senate Print 6589A, by Senator Persaud, an 

25    act to amend the Social Services Law.


                                                               4544

 1                 ACTING PRESIDENT PERSAUD:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 2.  This 

 4    act shall take effect immediately.

 5                 ACTING PRESIDENT PERSAUD:   Call the 

 6    roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT PERSAUD:   Announce 

 9    the results.

10                 THE SECRETARY:   Ayes, 63.

11                 ACTING PRESIDENT PERSAUD:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 

14    1649, Senate Print 7199A, by Senator Gounardes, 

15    an act to amend the Insurance Law.

16                 ACTING PRESIDENT PERSAUD:   Read the 

17    last section.

18                 THE SECRETARY:   Section 2.  This 

19    act shall take effect January 1, 2023.

20                 ACTING PRESIDENT PERSAUD:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT PERSAUD:   Announce 

24    the results.

25                 THE SECRETARY:   In relation to 


                                                               4545

 1    Calendar 1649, those Senators voting in the 

 2    negative are Senators Borrello, Gallivan, Griffo, 

 3    Helming, Martucci, Mattera, Oberacker, O'Mara, 

 4    Ortt, Rath, Serino, Tedisco and Weik.

 5                 Ayes, 50.  Nays, 13.

 6                 ACTING PRESIDENT PERSAUD:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    1650, Senate Print 7240A, by Senator Rath, an act 

10    granting retroactive Tier III membership in the 

11    New York State and Local Employees' Retirement 

12    System to Steven R. Grice.

13                 ACTING PRESIDENT PERSAUD:   There is 

14    a home-rule message at the desk.

15                 Read the last section.

16                 THE SECRETARY:   Section 3.  This 

17    act shall take effect immediately.

18                 ACTING PRESIDENT PERSAUD:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT PERSAUD:   Announce 

22    the results.

23                 THE SECRETARY:   Ayes, 63.

24                 ACTING PRESIDENT PERSAUD:   The bill 

25    is passed.


                                                               4546

 1                 THE SECRETARY:   Calendar Number 

 2    1651, Senate Print 7413, by Senator Ortt, an act 

 3    to amend Chapter 20 of the Laws of 1985.

 4                 ACTING PRESIDENT PERSAUD:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 2.  This 

 7    act shall take effect immediately.  

 8                 ACTING PRESIDENT PERSAUD:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT PERSAUD:   Announce 

12    the results.

13                 THE SECRETARY:   Ayes, 63.

14                 ACTING PRESIDENT PERSAUD:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    1652, Senate Print 7739C, by Senator Palumbo, an 

18    act in relation to authorizing the County of 

19    Suffolk to transfer ownership of certain parkland 

20    to the Town of Southold.

21                 ACTING PRESIDENT PERSAUD:   There is 

22    a home-rule message at the desk.

23                 Read the last section.

24                 THE SECRETARY:   Section 7.  This 

25    act shall take effect immediately.


                                                               4547

 1                 ACTING PRESIDENT PERSAUD:   Call the 

 2    roll.

 3                 (The Secretary called the roll.)

 4                 ACTING PRESIDENT PERSAUD:   Announce 

 5    the results.

 6                 THE SECRETARY:   Ayes, 63.

 7                 ACTING PRESIDENT PERSAUD:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    1653, Assembly Print Number 8915B, by 

11    Assemblymember Burdick, an act in relation to 

12    directing the New York State Office for People 

13    with Developmental Disabilities to establish a 

14    voluntary training and certification program for 

15    employers that have taken the EmployAbility 

16    Pledge.

17                 ACTING PRESIDENT PERSAUD:   Read the 

18    last section.

19                 THE SECRETARY:   Section 2.  This 

20    act shall take effect immediately.  

21                 ACTING PRESIDENT PERSAUD:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT PERSAUD:   Announce 

25    the results.


                                                               4548

 1                 THE SECRETARY:   Ayes, 63.

 2                 ACTING PRESIDENT PERSAUD:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    1654, Assembly Print Number 9448A, by 

 6    Assemblymember Stirpe, an act in relation to 

 7    requiring the Commissioner of Taxation and 

 8    Finance to study the frequency of residents who 

 9    are being assessed library taxes.

10                 ACTING PRESIDENT PERSAUD:   Read the 

11    last section.  

12                 THE SECRETARY:   Section 2.  This 

13    act shall take effect immediately.  

14                 ACTING PRESIDENT PERSAUD:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT PERSAUD:   Announce 

18    the results.

19                 THE SECRETARY:   In relation to 

20    Calendar Number 1654, voting in the negative:  

21    Senator Brisport.

22                 Ayes, 62.  Nays, 1.

23                 ACTING PRESIDENT PERSAUD:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               4549

 1    1655, Senate Print 7903B, by Senator Martucci, an 

 2    act to amend the Highway Law.

 3                 ACTING PRESIDENT PERSAUD:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 3.  This 

 6    act shall take effect immediately.

 7                 ACTING PRESIDENT PERSAUD:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT PERSAUD:   Announce 

11    the results.

12                 THE SECRETARY:   In relation to 

13    Calendar Number 1655, voting in the negative:  

14    Senator Brisport.

15                 Ayes, 62.  Nays, 1.

16                 ACTING PRESIDENT PERSAUD:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    1656, Assembly Print Number 8933A, by 

20    Assemblymember Eichenstein, an act to amend the 

21    Vehicle and Traffic Law.

22                 ACTING PRESIDENT PERSAUD:   Read the 

23    last section.

24                 THE SECRETARY:   Section 2.  This 

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


                                                               4550

 1    shall have become a law.

 2                 ACTING PRESIDENT PERSAUD:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT PERSAUD:   Announce 

 6    the results.

 7                 THE SECRETARY:   Ayes, 63.

 8                 ACTING PRESIDENT PERSAUD:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    1657, Senate Print 8033A, by Senator Bailey, an 

12    act to amend the Tax Law.

13                 ACTING PRESIDENT PERSAUD:   Read the 

14    last section.

15                 THE SECRETARY:   Section 3.  This 

16    act shall take effect on the first day of the 

17    sales tax quarterly period.

18                 ACTING PRESIDENT PERSAUD:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT PERSAUD:   Senator 

22    Bailey to explain his vote.

23                 SENATOR BAILEY:   Thank you, 

24    Madam President.

25                 You know, as a father, diapers have 


                                                               4551

 1    been incredibly critical to fatherhood and 

 2    motherhood, and doing everything that we can to 

 3    ensure that they remain affordable is really 

 4    important.  And so reducing the amount of 

 5    taxation on such essential items is something 

 6    that I just think that we should be doing as a 

 7    matter of public policy.  

 8                 But this bill goes beyond just 

 9    diapers for children.  There are adult-use 

10    diapers as well, and they should also be exempted 

11    from these taxes.  

12                 So I just wanted to thank so many of 

13    the organizations, such as the diaper banks and 

14    so many local organizations, such as Every Bottom 

15    Covered, for illuminating how important it is to 

16    make sure that we cut the taxes on these very 

17    important essential products.  

18                 I will be voting in the affirmative.  

19    Thank you, Madam President.

20                 ACTING PRESIDENT PERSAUD:   Senator 

21    Bailey to be recorded in the affirmative.

22                 Announce the results.

23                 THE SECRETARY:   Ayes, 63.

24                 ACTING PRESIDENT PERSAUD:   The bill 

25    is passed.


                                                               4552

 1                 THE SECRETARY:   Calendar Number 

 2    1658, Assembly Bill Number 879, by Assemblymember 

 3    Gottfried, an act to amend the Public Health Law 

 4    and the Insurance Law.

 5                 SENATOR PALUMBO:   Lay it aside.

 6                 SENATOR GIANARIS:   For the day, 

 7    please.  

 8                 ACTING PRESIDENT PERSAUD:   The bill 

 9    is laid aside for the day.

10                 THE SECRETARY:   Calendar Number 

11    1659, Senate Print 8146A, by Senator Skoufis, an 

12    act to amend the State Finance Law and the 

13    Real Property Tax Law.

14                 ACTING PRESIDENT PERSAUD:   Read the 

15    last section.

16                 THE SECRETARY:   Section 3.  This 

17    act shall take effect immediately.  

18                 ACTING PRESIDENT PERSAUD:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT PERSAUD:   Announce 

22    the results.

23                 THE SECRETARY:   Ayes, 63.

24                 ACTING PRESIDENT PERSAUD:   The bill 

25    is passed.


                                                               4553

 1                 THE SECRETARY:   Calendar Number 

 2    1661, Senate Print 8430A, by Senator Comrie, an 

 3    act to amend the Real Property Actions and 

 4    Proceedings Law.

 5                 ACTING PRESIDENT PERSAUD:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 3.  This 

 8    act shall take effect immediately.

 9                 ACTING PRESIDENT PERSAUD:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT PERSAUD:   Announce 

13    the results.

14                 THE SECRETARY:   In relation to 

15    Calendar Number 1661, voting in the negative:  

16    Senator Lanza.

17                 Ayes, 62.  Nays, 1.

18                 ACTING PRESIDENT PERSAUD:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    1662, Senate Print 8451, by Senator Cooney, an 

22    act to amend the Labor Law.

23                 ACTING PRESIDENT PERSAUD:   Read the 

24    last section.

25                 THE SECRETARY:   Section 2.  This 


                                                               4554

 1    act shall take effect immediately.

 2                 ACTING PRESIDENT PERSAUD:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT PERSAUD:   Announce 

 6    the results.

 7                 THE SECRETARY:  Ayes, 63.

 8                 ACTING PRESIDENT PERSAUD:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    1663, Senate Print 8474, by Senator Sanders, an 

12    act to amend the Environmental Conservation Law.

13                 ACTING PRESIDENT PERSAUD:   Read the 

14    last section.

15                 THE SECRETARY:   Section 2.  This 

16    act shall take effect immediately.

17                 ACTING PRESIDENT PERSAUD:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT PERSAUD:   Announce 

21    the results.

22                 THE SECRETARY:   In relation to 

23    Calendar Number 1663, those Senators voting in 

24    the negative are Senators Akshar, Borrello, 

25    Gallivan, Griffo, Jordan, Lanza, Martucci, 


                                                               4555

 1    Oberacker, O'Mara, Ortt, Rath, Ritchie, Serino, 

 2    Stec and Tedisco.

 3                 Ayes, 48.  Nays, 15.

 4                 ACTING PRESIDENT PERSAUD:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    1664, Senate Print 8477, by Senator Jackson, an 

 8    act to amend the Retirement and Social Security 

 9    Law.

10                 ACTING PRESIDENT PERSAUD:   Read the 

11    last section.

12                 THE SECRETARY:   Section 3.  This 

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

14    shall have become a law.

15                 ACTING PRESIDENT PERSAUD:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT PERSAUD:   Senator 

19    Ryan to explain his vote.  Where is Ryan?  He's 

20    not here.

21                 Senator Jackson to explain his vote.

22                 SENATOR JACKSON:   Madam President, 

23    our colleague who requested to speak on the bill 

24    is not here.  

25                 Let me just say this is part of the 


                                                               4556

 1    Civil Service and Pension Committee, which I 

 2    represent, and obviously I was supportive of the 

 3    bill moving forward.  And that's why we're here 

 4    today.  

 5                 So in respect to all of the people 

 6    that this will impact, I wholeheartedly support 

 7    the bill, Madam President.  Thank you.

 8                 ACTING PRESIDENT PERSAUD:   Senator 

 9    Jackson to be recorded in the affirmative.

10                 Announce the results.

11                 THE SECRETARY:   In relation to 

12    Calendar Number 1664, voting in the negative:  

13    Senator Brisport.

14                 Ayes, 62.  Nays, 1.

15                 ACTING PRESIDENT PERSAUD:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    1665, Assembly Print Number 9348, by 

19    Assemblymember Cusick, an act in relation to 

20    establishing the Fentanyl Abuse and Overdose 

21    Prevention Task Force.

22                 ACTING PRESIDENT PERSAUD:   Read the 

23    last section.

24                 THE SECRETARY:   Section 2.  This 

25    act shall take effect immediately.  


                                                               4557

 1                 ACTING PRESIDENT PERSAUD:   Call the 

 2    roll.

 3                 (The Secretary called the roll.)

 4                 ACTING PRESIDENT PERSAUD:   Announce 

 5    the results.

 6                 THE SECRETARY:   Ayes, 63.

 7                 ACTING PRESIDENT PERSAUD:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    1666, Senate Print 8523A, by Senator Savino, an 

11    act to amend the General Business Law.

12                 ACTING PRESIDENT PERSAUD:   Read the 

13    last section.

14                 THE SECRETARY:   Section 2.  This 

15    act shall take effect immediately.  

16                 ACTING PRESIDENT PERSAUD:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT PERSAUD:   Announce 

20    the results.

21                 THE SECRETARY:   Ayes, 63.

22                 ACTING PRESIDENT PERSAUD:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 

25    1667, Senate Print 8527, by Senator Comrie, an 


                                                               4558

 1    act to amend the Public Authorities Law.

 2                 ACTING PRESIDENT PERSAUD:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 2.  This 

 5    act shall take effect immediately.

 6                 ACTING PRESIDENT PERSAUD:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT PERSAUD:   Announce 

10    the results.

11                 THE SECRETARY:   Ayes, 63.

12                 ACTING PRESIDENT PERSAUD:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    1668, Senate Print 8536A, by Senator Thomas, an 

16    act to amend the Education Law.

17                 ACTING PRESIDENT PERSAUD:   Read the 

18    last section.

19                 THE SECRETARY:   Section 2.  This 

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

21    shall have become a law.

22                 ACTING PRESIDENT PERSAUD:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT PERSAUD:   Senator 


                                                               4559

 1    Boyle to explain his vote.

 2                 SENATOR BOYLE:   Thank you, 

 3    Madam President, to explain my vote.

 4                 This bill is long overdue, and I 

 5    want to thank my colleague for bringing it up.  

 6    We have a situation in our schools where years 

 7    ago, as you may recall, we had a young man 

 8    tragically die, a child tragically die being hit 

 9    by a baseball.  And we subsequently put automatic 

10    defibrillators in every single school in our 

11    state.  

12                 This airway device needs to be 

13    brought to schools because a lot more kids are 

14    going to suffer potential choking.  We've had a 

15    number of students die over the years from 

16    choking and no way to open the airway.  This bill 

17    is going to allow it to happen.  This airway 

18    opening device should be brought into every 

19    single school in the State of New York, and I 

20    guarantee you it will save lives in the years to 

21    come.  

22                 I proudly vote yes.

23                 ACTING PRESIDENT PERSAUD:   Senator 

24    Boyle to be recorded in the affirmative.

25                 Announce the results.


                                                               4560

 1                 THE SECRETARY:   In relation to 

 2    Calendar Number 1668, voting in the negative:  

 3    Senator Brooks.

 4                 Ayes, 62.  Nays, 1.

 5                 ACTING PRESIDENT PERSAUD:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    1669, Assembly Print Number 9526A, by 

 9    Assemblymember Lupardo, an act to amend the 

10    Executive Law.

11                 ACTING PRESIDENT PERSAUD:   Read the 

12    last section.

13                 THE SECRETARY:   Section 2.  This 

14    act shall take effect immediately.

15                 ACTING PRESIDENT PERSAUD:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT PERSAUD:   Announce 

19    the results.

20                 THE SECRETARY:   Ayes, 63.

21                 ACTING PRESIDENT PERSAUD:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    1672, Assembly Print Number 9814, by 

25    Assemblymember Paulin, an act to amend the 


                                                               4561

 1    General Business Law.

 2                 ACTING PRESIDENT PERSAUD:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 2.  This 

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

 6    shall have become a law.

 7                 ACTING PRESIDENT PERSAUD:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT PERSAUD:   Announce 

11    the results.

12                 THE SECRETARY:   Ayes, 63.

13                 ACTING PRESIDENT PERSAUD:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    1673, Senate Print 8689B, by Senator Thomas, an 

17    act in relation to authorizing the County of 

18    Nassau assessor to accept an application for a 

19    real property tax exemption.  

20                 ACTING PRESIDENT PERSAUD:   Read the 

21    last section.

22                 THE SECRETARY:   Section 2.  This 

23    act shall take effect immediately.

24                 ACTING PRESIDENT PERSAUD:   Call the 

25    roll.


                                                               4562

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT PERSAUD:   Announce 

 3    the results.

 4                 THE SECRETARY:   In relation to 

 5    Calendar Number 1673, voting in the negative:  

 6    Senator O'Mara.  

 7                 Ayes, 62.  Nays, 1.

 8                 ACTING PRESIDENT PERSAUD:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    1674, Assembly Print Number 9406, by 

12    Assemblymember Paulin, an act to amend the 

13    Transportation Law.

14                 ACTING PRESIDENT PERSAUD:   Read the 

15    last section.

16                 THE SECRETARY:   Section 2.  This 

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

18    shall have become a law.

19                 ACTING PRESIDENT PERSAUD:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT PERSAUD:   Announce 

23    the results.

24                 THE SECRETARY:   Ayes, 63.

25                 ACTING PRESIDENT PERSAUD:   The bill 


                                                               4563

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    1675, Assembly Print Number 9819A, by 

 4    Assemblymember Magnarelli, an act to amend the 

 5    Public Authorities Law.

 6                 ACTING PRESIDENT PERSAUD:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 2.  This 

 9    act shall take effect immediately.

10                 ACTING PRESIDENT PERSAUD:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT PERSAUD:   Announce 

14    the results.

15                 THE SECRETARY:   Ayes, 63.

16                 ACTING PRESIDENT PERSAUD:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    1677, Senate Print 8763A, by Senator Gaughran, an 

20    act to amend the Civil Practice Law and Rules.

21                 ACTING PRESIDENT PERSAUD:   Read the 

22    last section.

23                 THE SECRETARY:   Section 3.  This 

24    act shall take effect immediately.  

25                 ACTING PRESIDENT PERSAUD:   Call the 


                                                               4564

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT PERSAUD:   Announce 

 4    the results.

 5                 THE SECRETARY:   In relation to 

 6    Calendar Number 1677, those Senators voting in 

 7    the negative are Senators Borrello, Boyle, 

 8    Brisport, Lanza, Martucci and Oberacker.  

 9                 Ayes, 57.  Nays, 6.

10                 ACTING PRESIDENT PERSAUD:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    1683, Senate Print 8837, by Senator Savino, an 

14    act to amend the Public Health Law and the Social 

15    Services Law.

16                 SENATOR PALUMBO:   Lay it aside.

17                 ACTING PRESIDENT PERSAUD:   Lay it 

18    aside.

19                 THE SECRETARY:   Calendar Number 

20    1684, Senate Print 8862, by Senator Cleare, an 

21    act directing the Metropolitan Transportation 

22    Authority to study the transportation and housing 

23    needs of Randalls and Wards Islands.  

24                 ACTING PRESIDENT PERSAUD:   Read the 

25    last section.


                                                               4565

 1                 THE SECRETARY:   Section 3.  This 

 2    act shall take effect immediately.

 3                 ACTING PRESIDENT PERSAUD:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT PERSAUD:   Announce 

 7    the results.  

 8                 THE SECRETARY:   Ayes, 63.

 9                 ACTING PRESIDENT PERSAUD:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    1688, Senate Print 8887A, by Senator Cooney, an 

13    act to amend the General Municipal Law.

14                 ACTING PRESIDENT PERSAUD:   Read the 

15    last section.

16                 THE SECRETARY:   Section 2.  This 

17    act shall take effect immediately.  

18                 ACTING PRESIDENT PERSAUD:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT PERSAUD:   Announce 

22    the results.

23                 THE SECRETARY:   Ayes, 63.

24                 ACTING PRESIDENT PERSAUD:   The bill 

25    is passed.


                                                               4566

 1                 THE SECRETARY:   Calendar Number 

 2    1689, Senate Print 8930, by Senator 

 3    Reichlin-Melnick, an act to authorize a study on 

 4    proposed improvements of State Route 303 in the 

 5    Town of Orangetown.

 6                 ACTING PRESIDENT PERSAUD:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 2.  This 

 9    act shall take effect immediately.  

10                 ACTING PRESIDENT PERSAUD:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT PERSAUD:   Senator 

14    Reichlin-Melnick to explain his vote.

15                 SENATOR REICHLIN-MELNICK:   Thank 

16    you very much, Madam President.  

17                 I rise to support this bill, which 

18    is long overdue.  State Route 303 in the Town of 

19    Orangetown was built in about 1940, more than 

20    80 years ago, and yet there have been very few 

21    major improvements on this road.  

22                 It's a four-lane highway, and yet 

23    for most of it there is no median.  The speed 

24    limit's 45, but cars routinely go 55, 60, 

25    65 miles an hour.  It's been the site of many 


                                                               4567

 1    accidents, unfortunately some of them fatal 

 2    accidents.  And yet there has been, except at one 

 3    intersection, almost no major work that New York 

 4    State DOT has put in for many years.  

 5                 So this bill is long overview, 

 6    because we will require the Department of 

 7    Transportation to conduct a comprehensive study 

 8    to evaluate what safety improvements need to be 

 9    built on this road, how can we get it done, and 

10    make sure that people that drive along 303 every 

11    day have a safe path to and from their homes and 

12    their work.

13                 Since the road was built, the 

14    surrounding area has grown in population.  And 

15    most recently, it's grown with a lot of light 

16    industry.  There's a FedEx warehouse, an Amazon 

17    warehouse, several small factories, other light 

18    industrial buildings -- and yet there have been 

19    no major improvements to keep the public safe.

20                 So I'm happy that we're passing this 

21    bill, I hope the Assembly can do likewise, and I 

22    hope that the Governor would sign it into law.  

23    And if we can't, we'll be back here next year 

24    trying to get the money in the budget to make 

25    sure that we get this study done and we get 


                                                               4568

 1    people in Orangetown and Rockland protected along 

 2    this dangerous stretch of road.  

 3                 I proudly vote aye.

 4                 ACTING PRESIDENT MAYER:   Senator 

 5    Reichlin-Melnick to be recorded in the 

 6    affirmative.  

 7                 Senator Stavisky to explain her 

 8    vote.

 9                 SENATOR STAVISKY:   Yeah, thank you, 

10    Madam President.  And thank you, Senator 

11    Reichlin-Melnick, for introducing this bill.  

12                 I have been on Route 303 many, many 

13    times, and I agree with everything that you said.  

14    But it's really a -- people go to other parts of 

15    the state, and we should have the same good roads 

16    that we have elsewhere.  

17                 Thank you.  I vote aye.

18                 ACTING PRESIDENT MAYER:   Senator 

19    Stavisky to be recorded in the affirmative.

20                 Announce the results.

21                 THE SECRETARY:   Ayes, 63.

22                 ACTING PRESIDENT MAYER:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 

25    1692, Senate Print 8956C, by Senator Mannion, an 


                                                               4569

 1    act to amend the Public Authorities Law.

 2                 ACTING PRESIDENT MAYER:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 4.  This 

 5    act shall take effect immediately.  

 6                 ACTING PRESIDENT MAYER:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT MAYER:   Announce 

10    the results.

11                 THE SECRETARY:   In relation to 

12    Calendar 1692, those Senators voting in the 

13    negative are Senators Borrello, Griffo, Helming, 

14    Jordan, Lanza, Oberacker, O'Mara, Ortt, Palumbo, 

15    Ritchie, Serino, Tedisco and Weik.

16                 Ayes, 50.  Nays, 13.

17                 ACTING PRESIDENT MAYER:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    1696, Senate Print 8985, by Senator Mayer, an act 

21    to amend the Judiciary Law.

22                 ACTING PRESIDENT MAYER:   Read the 

23    last section.

24                 THE SECRETARY:   Section 2.  This 

25    act shall take effect immediately.


                                                               4570

 1                 ACTING PRESIDENT MAYER:   Call the 

 2    roll.

 3                 (The Secretary called the roll.)

 4                 ACTING PRESIDENT MAYER:   Announce 

 5    the results.

 6                 THE SECRETARY:   Ayes, 63.

 7                 ACTING PRESIDENT MAYER:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    1698, Senate Print 9060A, by Senator 

11    Reichlin-Melnick, an act to amend the Tax Law.

12                 ACTING PRESIDENT MAYER:   Read the 

13    last section.

14                 THE SECRETARY:   Section 2.  This 

15    act shall take effect immediately.

16                 ACTING PRESIDENT MAYER:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT MAYER:   Announce 

20    the results.  

21                 THE SECRETARY:   In relation to 

22    Calendar 1698, those Senators voting in the 

23    negative are Senators Brooks, Felder, Gallivan, 

24    Gaughran, Griffo, Harckham, Helming, Hinchey, 

25    Jordan, Kaplan, Kennedy, Lanza, Mannion, 


                                                               4571

 1    Martucci, Oberacker, O'Mara, Ortt, Palumbo, Rath, 

 2    Ritchie, Serino, Skoufis, Tedisco, Thomas and 

 3    Weik.  

 4                 Ayes, 38.  Nays, 25.

 5                 ACTING PRESIDENT MAYER:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    1699, Senate Print 9093, by Senator Hoylman, an 

 9    act to amend the Alcoholic Beverage Control Law.

10                 ACTING PRESIDENT MAYER:   Read the 

11    last section.

12                 THE SECRETARY:   Section 3.  This 

13    act shall take effect immediately.  

14                 ACTING PRESIDENT MAYER:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT MAYER:   Announce 

18    the results.

19                 THE SECRETARY:   Ayes, 63.

20                 ACTING PRESIDENT MAYER:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    1700, Assembly Print Number 9154, by 

24    Assemblymember Wallace, an act to amend the 

25    Public Authorities Law.


                                                               4572

 1                 ACTING PRESIDENT MAYER:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 2.  This 

 4    act shall take effect immediately.  

 5                 ACTING PRESIDENT MAYER:   Call the 

 6    roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT MAYER:   Announce 

 9    the results.

10                 THE SECRETARY:   Ayes, 63.

11                 ACTING PRESIDENT MAYER:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 

14    1701, Assembly Print Number 10189, by the 

15    Assembly Committee on Rules, an act to direct the 

16    Department of Civil Service to study certain 

17    airport-related titles.

18                 ACTING PRESIDENT MAYER:   Read the 

19    last section.

20                 THE SECRETARY:   Section 2.  This 

21    act shall take effect immediately.

22                 ACTING PRESIDENT MAYER:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT MAYER:   Announce 


                                                               4573

 1    the results.

 2                 THE SECRETARY:   Ayes, 63.

 3                 ACTING PRESIDENT MAYER:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    1702, Assembly Print Number 2549, by 

 7    Assemblymember Fahy, an act to amend the 

 8    Social Services Law.

 9                 ACTING PRESIDENT MAYER:   Read the 

10    last section.

11                 THE SECRETARY:   Section 2.  This 

12    act shall take effect immediately.

13                 ACTING PRESIDENT MAYER:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT MAYER:   Announce 

17    the results.

18                 THE SECRETARY:   In relation to 

19    Calendar Number 1702, those Senators voting in 

20    the negative are Senators Akshar, Borrello, 

21    Boyle, Gallivan, Griffo, Jordan, Lanza, Martucci, 

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

23    Serino, Stec, Tedisco and Weik.

24                 Ayes, 46.  Nays, 17.

25                 ACTING PRESIDENT MAYER:   The bill 


                                                               4574

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    1703, Senate Print 9121, by Senator Mayer, an act 

 4    to amend Chapter 667 of the Laws of 2021.

 5                 ACTING PRESIDENT MAYER:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 2.  This 

 8    act shall take effect immediately.

 9                 ACTING PRESIDENT MAYER:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT MAYER:   Announce 

13    the results.

14                 THE SECRETARY:   In relation to 

15    Calendar Number 1703, voting in the negative:  

16    Senator Skoufis.

17                 Ayes, 62.  Nays, 1.

18                 ACTING PRESIDENT MAYER:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    1704, Senate Print 9128A, by Senator Breslin, an 

22    act to amend the Navigation Law.

23                 ACTING PRESIDENT MAYER:   Read the 

24    last section.

25                 THE SECRETARY:   Section 2.  This 


                                                               4575

 1    act shall take effect January 1, 2023.

 2                 ACTING PRESIDENT MAYER:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT MAYER:   Announce 

 6    the results.

 7                 THE SECRETARY:   Ayes, 63.

 8                 ACTING PRESIDENT MAYER:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    1705, Assembly Print Number 10155A, by the 

12    Assembly Committee on Rules, an act to amend the 

13    Real Property Tax Law.

14                 ACTING PRESIDENT MAYER:   Read the 

15    last section.

16                 THE SECRETARY:   Section 2.  This 

17    act shall take effect immediately.

18                 ACTING PRESIDENT MAYER:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT MAYER:   Senator 

22    Reichlin-Melnick to explain his vote.

23                 SENATOR REICHLIN-MELNICK:   Thank 

24    you, Madam President.

25                 And I'm very grateful to the 


                                                               4576

 1    Senate Majority for bringing this legislation to 

 2    the floor.

 3                 We all know the volunteer 

 4    firefighters in our districts, in our 

 5    communities, are heroes.  These are guys and 

 6    women who don't ask to be paid, and yet when they 

 7    see a building on fire, they run in and they try 

 8    to put it out and they try to save the people 

 9    that are there.

10                 And so what this bill will do is 

11    allow every local government in New York State to 

12    offer a 10 percent property tax exemption to any 

13    member of a volunteer fire department who's got 

14    at least two years' service in their community.  

15                 Many of us who represent areas with 

16    all-volunteer departments understand the 

17    challenge these departments are having recruiting 

18    new members, because it's not easy.  It takes 

19    time.  There's training.  There's drills.  And 

20    there are fires that put people's lives at risk.  

21                 And so the least that we can do is 

22    to allow our local governments to give these 

23    folks who put their lives on the line for all of 

24    us a property tax exemption.  I think it is a 

25    long-overdue step, and I'm very grateful, again, 


                                                               4577

 1    to the majority for bringing it up, and I proudly 

 2    vote aye.

 3                 ACTING PRESIDENT MAYER:   Senator 

 4    Reichlin-Melnick to be recorded in the 

 5    affirmative.

 6                 Announce the results.

 7                 THE SECRETARY:   Ayes, 63.

 8                 ACTING PRESIDENT MAYER:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    1706, Assembly Print Number 10230, by the 

12    Assembly Committee on Rules, an act to amend the 

13    Vehicle and Traffic Law.

14                 ACTING PRESIDENT MAYER:   Read the 

15    last section.

16                 THE SECRETARY:   Section 2.  This 

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

18    shall have become a law.

19                 ACTING PRESIDENT MAYER:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT MAYER:   Announce 

23    the results.

24                 THE SECRETARY:   In relation to 

25    Calendar Number 1706, voting in the negative are 


                                                               4578

 1    Senators Skoufis and Serino.

 2                 Ayes, 61.  Nays, 2.

 3                 ACTING PRESIDENT MAYER:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    1708, Senate Print 9162A, by Senator Thomas, an 

 7    act extending the time within which certain 

 8    appointed officials may take or file their oaths 

 9    of office or official undertakings.

10                 ACTING PRESIDENT MAYER:   Read the 

11    last section.

12                 THE SECRETARY:   Section 2.  This 

13    act shall take effect immediately.

14                 ACTING PRESIDENT MAYER:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT MAYER:   Announce 

18    the results.

19                 THE SECRETARY:   In relation to 

20    Calendar 1708, those Senators voting in the 

21    negative are Senators Borrello, Griffo, Jordan, 

22    Martucci, Oberacker, O'Mara, Ortt and Stec.

23                 Ayes, 55.  Nays, 8.

24                 ACTING PRESIDENT MAYER:   The bill 

25    is passed.


                                                               4579

 1                 THE SECRETARY:   Calendar Number 

 2    1709, Assembly Print Number 3964, by 

 3    Assemblymember Colton, an act to amend the 

 4    Vehicle and Traffic Law.

 5                 ACTING PRESIDENT MAYER:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 2.  This 

 8    act shall take effect on the first of November.

 9                 ACTING PRESIDENT MAYER:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT MAYER:   Announce 

13    the results.

14                 THE SECRETARY:   Ayes, 63.

15                 ACTING PRESIDENT MAYER:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    1710, Senate Print 9170A, by Senator Comrie, an 

19    act to amend the Not-For-Profit Corporation Law.

20                 ACTING PRESIDENT MAYER:   Read the 

21    last section.

22                 THE SECRETARY:   Section 3.  This 

23    act shall take effect immediately.  

24                 ACTING PRESIDENT MAYER:   Call the 

25    roll.


                                                               4580

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT MAYER:   Announce 

 3    the results.

 4                 THE SECRETARY:   Ayes, 63.

 5                 ACTING PRESIDENT MAYER:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    1711, Senate Print 9172, by Senator Comrie, an 

 9    act to amend the Education Law.

10                 ACTING PRESIDENT MAYER:   Read the 

11    last section.

12                 THE SECRETARY:   Section 4.  This 

13    act shall take effect immediately.

14                 ACTING PRESIDENT MAYER:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT MAYER:   Senator 

18    Stavisky to explain her vote.

19                 SENATOR STAVISKY:   Thank you, 

20    Madam President.

21                 I ask to be recorded as abstaining 

22    on this vote, on this bill, because of a personal 

23    conflict.

24                 Thank you, Madam President.  

25                 ACTING PRESIDENT MAYER:   So 


                                                               4581

 1    ordered.

 2                 Announce the results.

 3                 THE SECRETARY:   In relation to 

 4    Calendar Number 1711, abstaining from voting:  

 5    Senator Stavisky.

 6                 Ayes, 62.

 7                 ACTING PRESIDENT MAYER:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    1712, Senate Print 9177B, by Senator Cooney, an 

11    act to amend the Executive Law.

12                 ACTING PRESIDENT MAYER:   Read the 

13    last section.

14                 THE SECRETARY:   Section 2.  This 

15    act shall take effect immediately.  

16                 ACTING PRESIDENT MAYER:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT MAYER:   Senator 

20    Cooney to explain his vote.

21                 SENATOR COONEY:   Thank you, 

22    Madam President.  

23                 While AAPI Month literally just 

24    ended yesterday, it's important that we recognize 

25    the diversity of our communities year-round.  I'm 


                                                               4582

 1    so proud and honored to carry this bill 

 2    establishing the first-ever New York 

 3    Asian American Pacific Islander Commission.  This 

 4    is especially, of course, meaningful to me as the 

 5    first upstate member, AAPI community member to be 

 6    elected from outside of the greater New York City 

 7    area.  

 8                 And I'll also make a note that the 

 9    other chamber's sponsor is Jenifer Rajkumar, who 

10    is the first South Asian woman to be elected into 

11    that Assemblymember's chamber body.

12                 So it's exciting to be able to be 

13    part of this new generation of AAPI leaders in 

14    public service.  We know that Asian American and 

15    Pacific Islanders are the fastest-growing racial 

16    or ethnic group in the country, with their 

17    population increasing over 80 percent since the 

18    year 2000.  

19                 And dozens of AAPI groups have made 

20    New York home, seeking social and economic 

21    benefits and opportunities like so many other 

22    New Yorkers that have come before us.  However, 

23    many of these groups, due to language barriers 

24    and certain harmful stereotypes, have not been 

25    able to take advantage of the various state and 


                                                               4583

 1    local resources and programs.  

 2                 And so during the month of May, I 

 3    had the opportunity to hear directly from members 

 4    of the community.  I had a workshop during Caucus 

 5    Weekend in which we identified issues of 

 6    visibility for the AAPI community, as well as I 

 7    attended a judicial panel in the 7th Judicial 

 8    District where we talked about some of the 

 9    barriers in the court system for Asian Americans.

10                 And so we listened and we want to do 

11    things differently.  And I believe by having a 

12    commission that we bring representatives from 

13    across the state to talk about what are the 

14    programs, what are the opportunities, where are 

15    the gaps, what we can do to fix and improve the 

16    lives of these residents in our state, those who 

17    are making neighborhoods in upstate and downstate 

18    and are proud members of this community, to make 

19    them better.

20                 And I really hope that we can set 

21    the example here in New York State and join other 

22    states across the country that have done this 

23    before us.  And I will support this legislation.

24                 Thank you, Madam President.

25                 ACTING PRESIDENT MAYER:   Senator 


                                                               4584

 1    Cooney to be recorded in the affirmative.

 2                 Announce the results.

 3                 THE SECRETARY:   Ayes, 63.

 4                 ACTING PRESIDENT MAYER:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    1713, Assembly Print Number 9764, by 

 8    Assemblymember De Los Santos, an act to amend the 

 9    Public Health Law.

10                 ACTING PRESIDENT MAYER:   Read the 

11    last section.

12                 THE SECRETARY:   Section 2.  This 

13    act shall take effect immediately.

14                 ACTING PRESIDENT MAYER:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT MAYER:   Announce 

18    the results.

19                 THE SECRETARY:   In relation to 

20    Calendar Number 1713, those Senators voting in 

21    the negative are Senators Akshar, Borrello, 

22    Gallivan, Griffo, Jordan, Lanza, Martucci, 

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

24    Serino, Stec, Tedisco and Weik.

25                 Ayes, 46.  Nays, 17.


                                                               4585

 1                 ACTING PRESIDENT MAYER:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    1719, Senate Print 9310, by Senator Breslin, an 

 5    act authorizing the City of Troy to lease 

 6    subsurface parkland property referred to as 

 7    Riverfront Park.

 8                 ACTING PRESIDENT MAYER:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 6.  This 

11    act shall take effect immediately.

12                 ACTING PRESIDENT MAYER:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT MAYER:   Announce 

16    the results.

17                 THE SECRETARY:   Ayes, 63.

18                 ACTING PRESIDENT MAYER:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    1720, Assembly Print Number 10330, by the 

22    Assembly Committee on Rules, an act to amend the 

23    Tax Law.

24                 ACTING PRESIDENT MAYER:   Read the 

25    last section.


                                                               4586

 1                 THE SECRETARY:   Section 2.  This 

 2    act shall take effect immediately.

 3                 ACTING PRESIDENT MAYER:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT MAYER:   Announce 

 7    the results.

 8                 THE SECRETARY:   In relation to 

 9    Calendar Number 1720, those Senators voting in 

10    the negative are Senators Akshar, Borrello, 

11    Boyle, Felder, Gallivan, Griffo, Harckham, 

12    Helming, Hinchey, Jordan, Kaplan, Kennedy, Lanza, 

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

14    Palumbo, Rath, Ritchie, Serino, Skoufis, Tedisco, 

15    Thomas and Weik.

16                 Ayes, 37.  Nays, 26.

17                 ACTING PRESIDENT MAYER:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    1724, Senate Print 9367, by Senator Breslin, an 

21    act to amend the Insurance Law.

22                 ACTING PRESIDENT MAYER:   Read the 

23    last section.

24                 THE SECRETARY:   Section 2.  This 

25    act shall take effect on the first of January.


                                                               4587

 1                 ACTING PRESIDENT MAYER:   Call the 

 2    roll.

 3                 (The Secretary called the roll.)

 4                 ACTING PRESIDENT MAYER:   Announce 

 5    the results.

 6                 THE SECRETARY:   In relation to 

 7    Calendar Number 1724, voting in the negative:  

 8    Senator Weik.  Also Senator Oberacker and 

 9    Senator Helming.  

10                 Ayes, 60.  Nays, 3.

11                 ACTING PRESIDENT MAYER:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 

14    1725, Senate Print 9369A, by Senator 

15    Reichlin-Melnick, an act to authorize the 

16    assessor of the Town of Ramapo, County of 

17    Rockland, to accept an application for a real 

18    property tax exemption.  

19                 ACTING PRESIDENT PERSAUD:   Read the 

20    last section.

21                 THE SECRETARY:   Section 2.  This 

22    act shall take effect immediately.  

23                 ACTING PRESIDENT PERSAUD:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               4588

 1                 ACTING PRESIDENT PERSAUD:   Announce 

 2    the results.

 3                 THE SECRETARY:   In relation to 

 4    Calendar Number 1725, voting in the negative:  

 5    Senators Akshar and O'Mara.

 6                 Ayes, 61.  Nays, 2.

 7                 ACTING PRESIDENT PERSAUD:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    1726, Assembly Print Number 9922A, by the 

11    Assembly Committee on Rules, an act to amend the 

12    Workers' Compensation Law.

13                 ACTING PRESIDENT PERSAUD:   Read the 

14    last section.

15                 THE SECRETARY:   Section 2.  This 

16    act shall take effect immediately.  

17                 ACTING PRESIDENT PERSAUD:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT PERSAUD:   Announce 

21    the results.

22                 THE SECRETARY:   Ayes, 63.

23                 ACTING PRESIDENT PERSAUD:   Hold it.  

24    Sorry.  Senator Jackson to explain his vote.

25                 SENATOR JACKSON:   Thank you, 


                                                               4589

 1    Madam President.  

 2                 My colleagues, I rise today to 

 3    support my bill, S9370, an act to amend the 

 4    Workers' Compensation Law in relation to 

 5    presumptive evidence for individuals who 

 6    participated in the World Trade Center rescue, 

 7    recovery and cleanup operations.

 8                 There's no doubt that the 

 9    World Trade Center rescue and recovery workers 

10    exposed to toxins during cleanup operations have 

11    experienced extensive and serious damage to their 

12    health.  Many rescue and recovery workers 

13    developed respiratory symptoms and pulmonary 

14    disease due to their extensive World Trade Center 

15    dust cloud exposure.

16                 The association between exposure 

17    present at the World Trade Center site and the 

18    risks of several specific types of cancer has 

19    been reported among rescue and recovery workers.  

20    The CDC World Trade Center Health Program has 

21    defined a list of certified illnesses caused by 

22    this exposure, Madam President.  The program 

23    provides funding to first responders for medical 

24    treatment and complications derived from their 

25    response to the 9/11 terrorist attack.


                                                               4590

 1                 And at the moment, the Workers' 

 2    Compensation Law does not compel the New York 

 3    State Workers' Compensation Board to accept the 

 4    CDC's World Trade Center Health Program's 

 5    certifications as presumptive causation of 

 6    certified illnesses.  Many of the first 

 7    responders and rescue and recovery workers who 

 8    responded to the 9/11 terrorist attack, have had 

 9    their illnesses certified by the CDC World Trade 

10    Center Health Program, and have filed a timely 

11    claim for benefits with the New York State 

12    Workers' Compensation Board, have been denied 

13    without cause.

14                 Other dependents of workers who died 

15    of 9/11 certified illnesses are barred from 

16    filing claims for workers' compensation benefits 

17    because the statute of limitations has expired.

18                 This legislation, Madam President, 

19    will help first responders and rescue and 

20    recovery workers who contracted an illness or 

21    died of a certified illness get the benefits they 

22    and their families rightfully deserve.

23                 For these reasons, I ask all my 

24    colleagues to join me in voting aye on this bill.

25                 Thank you.


                                                               4591

 1                 ACTING PRESIDENT PERSAUD:   Senator 

 2    Jackson to be recorded in the affirmative.

 3                 Announce the results.

 4                 THE SECRETARY:   Ayes, 63.

 5                 ACTING PRESIDENT PERSAUD:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    1727, Senate Print 9374, by Senator 

 9    Reichlin-Melnick, an act to amend the 

10    Public Officers Law and the Village Law.

11                 ACTING PRESIDENT PERSAUD:   Read the 

12    last section.

13                 THE SECRETARY:   Section 3.  This 

14    act shall take effect immediately.

15                 ACTING PRESIDENT PERSAUD:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT PERSAUD:   Announce 

19    the results.

20                 THE SECRETARY:   Ayes, 63.

21                 ACTING PRESIDENT PERSAUD:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    1728, Senate Print 9403A, by Senator Ramos, an 

25    act to amend the Labor Law.


                                                               4592

 1                 ACTING PRESIDENT PERSAUD:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 5.  This 

 4    act shall take effect immediately.  

 5                 ACTING PRESIDENT PERSAUD:   Call the 

 6    roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT PERSAUD:   Senator 

 9    Ramos to explain her vote.

10                 SENATOR RAMOS:   Thank you, 

11    Madam President.  

12                 I rise again to thank our conference 

13    and our Majority Leader, Andrea Stewart-Cousins, 

14    for helping me address a very serious issue of 

15    pay inequity in our society.  

16                 Of course, as women, equal pay has 

17    been an issue since probably the beginning of 

18    time.  And as we know, we all know the 

19    statistics, a white woman makes 80 cents to a 

20    white man's dollar, Black women make 62 cents to 

21    a white man's dollar, Indigenous women make 

22    57 cents to a white man's dollar, and if you're a 

23    Latina like me, well, you're lucky if you get to 

24    rub two quarters together to a white man's 

25    dollar.


                                                               4593

 1                 And so what we're doing with this 

 2    bill is really urging and demanding that 

 3    employers disclose salaries to prospective and 

 4    current employees in order to begin to address 

 5    this issue.  

 6                 I've said it here on the floor 

 7    before, that really the best answer to pay equity 

 8    is a collective bargaining agreement.  And 

 9    actually when you organize a union, anyone in the 

10    labor movement will tell you that the first step 

11    is actually to get the workers to talk about how 

12    much they make so that you know what inequities, 

13    what injustices are taking place at that very 

14    basic level in a workplace.

15                 And so right here what we're doing 

16    is building on what New York City has already 

17    done in disclosing salaries across industries.  

18                 And I'm very proud to vote aye on 

19    this bill, Madam President.  Thank you.

20                 ACTING PRESIDENT PERSAUD:   Senator 

21    Ramos to be recorded in the affirmative.

22                 Announce the results.

23                 THE SECRETARY:   Ayes, 63.

24                 ACTING PRESIDENT PERSAUD:   The bill 

25    is passed.


                                                               4594

 1                 THE SECRETARY:   Calendar Number 

 2    1729, Senate Print 9413, by Senator 

 3    Stewart-Cousins, an act to amend the 

 4    Real Property Tax Law and the Real Property Law.

 5                 ACTING PRESIDENT PERSAUD:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 3.  This 

 8    act shall take effect immediately.  

 9                 ACTING PRESIDENT PERSAUD:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT PERSAUD:   Announce 

13    the results.  

14                 THE SECRETARY:   Ayes, 63.

15                 ACTING PRESIDENT PERSAUD:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    1732, Assembly Print Number 7710A, by 

19    Assemblymember Englebright, an act to amend the 

20    Environmental Conservation Law.

21                 ACTING PRESIDENT PERSAUD:   Read the 

22    last section.

23                 THE SECRETARY:   Section 2.  This 

24    act shall take effect immediately.

25                 ACTING PRESIDENT PERSAUD:   Call the 


                                                               4595

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT PERSAUD:   Announce 

 4    the results.

 5                 THE SECRETARY:   Ayes, 63.

 6                 ACTING PRESIDENT PERSAUD:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    1733, Senate Print 9423, by Senator Salazar, an 

10    act to amend the Correction Law.

11                 ACTING PRESIDENT PERSAUD:   Read the 

12    last section.

13                 THE SECRETARY:   Section 2.  This 

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

15    shall have become a law.

16                 ACTING PRESIDENT PERSAUD:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT PERSAUD:   Senator 

20    Borrello to explain his vote.

21                 SENATOR BORRELLO:   Thank you, 

22    Madam President.  

23                 I'm voting no on this bill today for 

24    a number of reasons.  First and foremost, we're 

25    talking about trying to secure the safety of 


                                                               4596

 1    inmates during a state of emergency.  Well, if 

 2    this panel existed right now -- we are currently 

 3    operating under a state of emergency, and this 

 4    panel could actually act independently and start 

 5    releasing potentially dangerous people onto our 

 6    streets.

 7                 And while we are certainly concerned 

 8    about natural disasters and emergencies like a 

 9    pandemic, this body has continued to ignore the 

10    manmade disaster of the violence inside of our 

11    prisons that we are seeing continually, again and 

12    again, against both the hardworking state 

13    employees that risk their lives to keep the rest 

14    of us safe, as well as the inmates that are in 

15    the facilities that are also being harmed by 

16    things like the HALT bill.  

17                 So this is a bad bill, but more 

18    importantly, it's another symptom of a broken 

19    system that puts criminals above law-abiding 

20    citizens.  I'm a hard no.

21                 Thank you.  

22                 ACTING PRESIDENT PERSAUD:   Senator 

23    Borrello to be recorded in the negative.

24                 Announce the results.  

25                 THE SECRETARY:   In relation to 


                                                               4597

 1    Calendar 1733, those Senators voting in the 

 2    negative are Senators Akshar, Borrello, Boyle, 

 3    Gallivan, Gaughran, Griffo, Helming, Jordan, 

 4    Lanza, Martucci, Mattera, Oberacker, O'Mara, 

 5    Ortt, Rath, Ritchie, Serino, Stec, Tedisco and 

 6    Weik.  

 7                 Ayes, 43.  Nays, 20.

 8                 ACTING PRESIDENT PERSAUD:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    1734, Senate Print 9424, by Senator Kennedy, an 

12    act to amend the Workers' Compensation Law.

13                 ACTING PRESIDENT PERSAUD:   Read the 

14    last section.

15                 THE SECRETARY:   Section 2.  This 

16    act shall take effect on the first of January.

17                 ACTING PRESIDENT PERSAUD:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT PERSAUD:   Announce 

21    the results.  

22                 THE SECRETARY:   Ayes, 63.

23                 ACTING PRESIDENT PERSAUD:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               4598

 1    1735, Senate Print 9427A, by Senator Ramos, an 

 2    act to amend the Labor Law.

 3                 ACTING PRESIDENT PERSAUD:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 2.  This 

 6    act shall take effect on the 270th day after it 

 7    shall have become a law.  

 8                 ACTING PRESIDENT PERSAUD:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT PERSAUD:   Senator 

12    Ramos to explain her vote.  No, she's not.  

13                 Announce the results.  

14                 THE SECRETARY:   In relation to 

15    Calendar 1735, those Senators voting in the 

16    negative are Senators Akshar, Borrello, Gallivan, 

17    Griffo, Helming, Jordan, Lanza, Martucci, O'Mara, 

18    Ortt, Palumbo, Rath, Ritchie, Serino, Stec, 

19    Tedisco and Weik.

20                 Ayes, 46.  Nays, 17.

21                 ACTING PRESIDENT PERSAUD:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    1736, Senate Print 9432, by Senator Mayer, an act 

25    to amend the Public Authorities Law.


                                                               4599

 1                 ACTING PRESIDENT PERSAUD:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 2.  This 

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

 5    shall have become a law.

 6                 ACTING PRESIDENT PERSAUD:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT PERSAUD:   Announce 

10    the results.

11                 THE SECRETARY:   Ayes, 63.

12                 ACTING PRESIDENT PERSAUD:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    1737, Senate Print 9445, by Senator Gianaris, an 

16    act to amend the Agriculture and Markets Law.

17                 ACTING PRESIDENT PERSAUD:   Read the 

18    last section.

19                 THE SECRETARY:   Section 4.  This 

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

21    shall have become a law.

22                 ACTING PRESIDENT PERSAUD:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT PERSAUD:   Announce 


                                                               4600

 1    the results.

 2                 THE SECRETARY:   Ayes, 63.

 3                 ACTING PRESIDENT PERSAUD:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    1738, Senate Print 9446, by Senator Myrie, an act 

 7    to amend the Tax Law.

 8                 ACTING PRESIDENT PERSAUD:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 3.  This 

11    act shall take effect immediately.

12                 ACTING PRESIDENT PERSAUD:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT PERSAUD:   Senator 

16    Bailey to explain his vote.

17                 SENATOR BAILEY:   Thank you, 

18    Madam President.  Thank you for allowing me to 

19    speak on Calendar Number 1738, a very important 

20    bill about exempting income from poll workers.  

21                 And I think this is one of these 

22    things that we want to incentivize poll workers 

23    to be able to come out and do the job, the 

24    essential job, and to say what's up and hello to 

25    the voters that come to their polling sites.  


                                                               4601

 1                 So a very important bill by 

 2    Senator Myrie.  I just wanted to cast my vote in 

 3    the affirmative.  Thank you, Madam President.

 4                 ACTING PRESIDENT PERSAUD:   Senator 

 5    Bailey to be recorded in the affirmative.

 6                 Announce the results.

 7                 THE SECRETARY:   Ayes, 63.

 8                 ACTING PRESIDENT PERSAUD:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    1739, Senate Print 9450, by Senator Gianaris, an 

12    act to amend the Labor Law.

13                 ACTING PRESIDENT PERSAUD:   Read the 

14    last section.

15                 THE SECRETARY:   Section 2.  This 

16    act shall take effect immediately.

17                 ACTING PRESIDENT PERSAUD:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT PERSAUD:   Announce 

21    the results.

22                 THE SECRETARY:   In relation to 

23    Calendar 1739, those Senators voting in the 

24    negative are Senators Akshar, Borrello, Gallivan, 

25    Griffo, Helming, Jordan, O'Mara, Ortt, Palumbo, 


                                                               4602

 1    Rath, Ritchie, Serino, Stec, Tedisco and Weik.

 2                 Ayes, 48.  Nays, 15.

 3                 ACTING PRESIDENT PERSAUD:   The bill 

 4    is passed.

 5                 Senator Gianaris.

 6                 SENATOR GIANARIS:   Madam President, 

 7    I understand there was an error in the recording 

 8    of the vote for Calendar 1720.  Can we please go 

 9    back to that and just have the no votes read 

10    again.

11                 ACTING PRESIDENT PERSAUD:   Announce 

12    the results.

13                 THE SECRETARY:   In relation to 

14    Calendar 1720, those Senators voting in the 

15    negative are Senators Akshar, Borrello, Boyle, 

16    Felder, Gallivan, Griffo, Harckham, Helming, 

17    Hinchey, Jordan, Kaplan, Kennedy, Lanza, Mannion, 

18    Martucci, Oberacker, O'Mara, Ortt, Palumbo, Rath, 

19    Ritchie, Serino, Skoufis, Tedisco, Thomas and 

20    Weik.

21                 Ayes, 37.  Nays, 26.

22                 ACTING PRESIDENT PERSAUD:   The bill 

23    is passed.

24                 Senator Gianaris, that completes the 

25    reading of today's calendar.


                                                               4603

 1                 SENATOR GIANARIS:   Thank you, 

 2    Madam President.

 3                 Can we now return to motions and 

 4    resolutions.  I understand the clerk needs to 

 5    read some substitutions.

 6                 ACTING PRESIDENT PERSAUD:   The 

 7    Secretary will read.

 8                 THE SECRETARY:   Senator Kaplan 

 9    moves to discharge, from the Committee on Energy 

10    and Telecommunications, Assembly Bill Number 

11    3258A and substitute it for the identical Senate 

12    Bill 932A, Third Reading Calendar 1635.

13                 Senator Gaughran moves to discharge, 

14    from the Committee on Rules, Assembly Bill Number 

15    911A and substitute it for the identical Senate 

16    Bill 947A, Third Reading Calendar 1670.

17                 Senator Skoufis moves to discharge, 

18    from the Committee on Finance, Assembly Bill 

19    Number 6710B and substitute it for the identical 

20    Senate Bill 1852B, Third Reading Calendar 1740.

21                 Senator Hoylman moves to discharge, 

22    from the Committee on Procurements and Contracts, 

23    Assembly Bill Number 5773 and substitute it for 

24    the identical Senate Bill 2239, Third Reading 

25    Calendar 1741.


                                                               4604

 1                 Senator Parker moves to discharge, 

 2    from the Committee on Rules, Assembly Bill Number 

 3    3144A and substitute it for the identical Senate 

 4    Bill 2924A, Third Reading Calendar 1742.

 5                 Senator Kennedy moves to discharge, 

 6    from the Committee on Transportation, 

 7    Assembly Bill Number 811A and substitute it for 

 8    the identical Senate Bill 3532A, Third Reading 

 9    Calendar 1746.

10                 Senator Savino moves to discharge, 

11    from the Committee on Aging, Assembly Bill Number 

12    2211 and substitute it for the identical Senate 

13    Bill 3932, Third Reading Calendar 1747.

14                 Senator Stavisky moves to discharge, 

15    from the Committee on Health, Assembly Bill 

16    Number 5061 and substitute it for the identical 

17    Senate Bill 4142, Third Reading Calendar 1749.

18                 Senator Sanders moves to discharge, 

19    from the Committee on Energy and 

20    Telecommunications, Assembly Bill Number 7404A 

21    and substitute it for the identical Senate 

22    Bill 4479A, Third Reading Calendar 1751.

23                 Senator Sanders moves to discharge, 

24    from the Committee on Finance, Assembly Bill 

25    Number 3714 and substitute it for the identical 


                                                               4605

 1    Senate Bill 5097A, Third Reading Calendar 1753.

 2                 Senator Breslin moves to discharge, 

 3    from the Committee on Insurance, Assembly Bill 

 4    Number 6877 and substitute it for the identical 

 5    Senate Bill 6028, Third Reading Calendar 1756.

 6                 Senator May moves to discharge, from 

 7    the Committee on Social Services, Assembly Print 

 8    Number 9118A and substitute it for the identical 

 9    Senate Number 6348A, Third Reading Calendar 1759.

10                 Senator Hoylman moves to discharge, 

11    from the Committee on Judiciary, Assembly Bill 

12    Number 2375C and substitute it for the identical 

13    Senate Bill 6385B, Third Reading Calendar 1760.

14                 Senator Persaud moves to discharge, 

15    from the Committee on Disabilities, Assembly Bill 

16    Number 7882A and substitute it for the identical 

17    Senate Bill 6789A, Third Reading Calendar 1763.

18                 Senator Harckham moves to discharge, 

19    from the Committee on Alcoholism and Substance 

20    Abuse, Assembly Bill Number 8163A and substitute 

21    it for the identical Senate Bill 7313A, 

22    Third Reading Calendar 1769.

23                 Senator Cleare moves to discharge, 

24    from the Committee on Health, Assembly Bill 

25    Number 8604 and substitute it for the identical 


                                                               4606

 1    Senate Bill 8157, Third Reading Calendar 1774.

 2                 Senator Kennedy moves to discharge, 

 3    from the Committee on Elections, Assembly Bill 

 4    Number 9423A and substitute it for the identical 

 5    Senate Bill 8409A, Third Reading Calendar 1777.

 6                 Senator Stec moves to discharge, 

 7    from the Committee on Civil Service and Pensions, 

 8    Assembly Bill Number 9517 and substitute it for 

 9    the identical Senate Bill 8505, Third Reading 

10    Calendar 1779.

11                 Senator O'Mara moves to discharge, 

12    from the Committee on Local Government, 

13    Assembly Bill Number 9700 and substitute it for 

14    the identical Senate Bill 8551, Third Reading 

15    Calendar 1780.

16                 Senator Stec moves to discharge, 

17    from the Committee on Civil Service and Pensions, 

18    Assembly Bill Number 10218 and substitute it for 

19    the identical Senate Bill 9026, Third Reading 

20    Calendar 1786.

21                 Senator Mannion moves to discharge, 

22    from the Committee on Education, Assembly Bill 

23    Number 10191 and substitute it for the identical 

24    Senate Bill 9132, Third Reading Calendar 1788.

25                 Senator Mannion moves to discharge, 


                                                               4607

 1    from the Committee on Education, Assembly Bill 

 2    Number 10192 and substitute it for the identical 

 3    Senate Bill 9134, Third Reading Calendar 1789.

 4                 ACTING PRESIDENT PERSAUD:    

 5    Substitutions so ordered.

 6                 Senator Gianaris.

 7                 SENATOR GIANARIS:   Thank you, 

 8    Madam President.  

 9                 Can we move on to the supplemental 

10    calendar, please.

11                 ACTING PRESIDENT PERSAUD:   The 

12    Secretary will read.

13                 THE SECRETARY:   Calendar Number 

14    1635, Assembly Print Number 3258A, by the 

15    Assembly Committee on Rules, an act to amend the 

16    Public Service Law.

17                 ACTING PRESIDENT PERSAUD:   Read the 

18    last section.

19                 THE SECRETARY:   Section 2.  This 

20    act shall take effect immediately.

21                 ACTING PRESIDENT PERSAUD:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT PERSAUD:   Senator 

25    Kaplan to explain her vote.


                                                               4608

 1                 SENATOR KAPLAN:   Thank you, 

 2    Madam President.

 3                 During PSEG's failed response to 

 4    Tropical Storm Isaias, we learned a lot of hard 

 5    lessons about the importance of thoroughly 

 6    planning for emergencies, one of which was the 

 7    importance of coordinating between all parties 

 8    engaged in the restoration and recovery effort.

 9                 I spoke to so many crews on the 

10    ground in the aftermath of the storm who told me 

11    they were showing up at sites to do restoration 

12    work but couldn't do their job until the work of 

13    another crew or another utility was done first, 

14    and they were forced to wait hours because that 

15    other crew or utility was never notified of the 

16    fact or often never showed up.

17                 Residents were right to be outraged, 

18    seeing workers ready willing and able to help but 

19    unable to do so because they had been -- there 

20    had been no coordination with other stakeholders.

21                 This legislation will require 

22    electric companies to submit a plan for review on 

23    how they will coordinate with other entities 

24    during an emergency response situation.  And 

25    hopefully it will help us to be much better 


                                                               4609

 1    prepared for the next storm.

 2                 I vote aye.  Thank you.

 3                 ACTING PRESIDENT PERSAUD:   Senator 

 4    Kaplan to be recorded in the affirmative.

 5                 Announce the results.

 6                 THE SECRETARY:   Ayes, 63.

 7                 ACTING PRESIDENT PERSAUD:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    1670, Assembly Print Number 911A, by 

11    Assemblymember Jean-Pierre, an act to amend the 

12    Navigation Law and the Penal Law.

13                 ACTING PRESIDENT PERSAUD:   Read the 

14    last section.

15                 THE SECRETARY:   Section 2.  This 

16    act shall take effect immediately.  

17                 ACTING PRESIDENT PERSAUD:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT PERSAUD:   Announce 

21    the results.

22                 THE SECRETARY:   Ayes, 63.

23                 ACTING PRESIDENT PERSAUD:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               4610

 1    1678, Senate Print 1020, by Senator Kaminsky, an 

 2    act to amend the Tax Law.

 3                 ACTING PRESIDENT PERSAUD:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 5.  This 

 6    act shall take effect on the first of January.

 7                 ACTING PRESIDENT PERSAUD:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT PERSAUD:   Senator 

11    Kaminsky to explain his vote.

12                 SENATOR KAMINSKY:   Thanks so much, 

13    Madam President.  

14                 We need to do everything we can in 

15    our state to expand the use of solar energy.  And 

16    this may be a simply and very discrete, narrow 

17    bill.  What it does is allow people who cannot 

18    put solar on their primary residence, but who 

19    have another residence, to put solar there and to 

20    take advantage of the same tax credit.  

21                 But I'd like to use this opportunity 

22    to urge the state to try to be expanding solar 

23    energy wherever it can, and wherever we can.  

24                 There's always going to be a reason 

25    in a given instance why solar may not work here 


                                                               4611

 1    or may not work there, but we need to step back 

 2    and realize that to meet our CLCPA goals we have 

 3    to be bold, we have to be tough about it, and 

 4    we're going to have to get creative and do things 

 5    we may not want to do otherwise.  Because that's 

 6    the direction our state is committed in going, 

 7    and we need to have all hands on deck to reach 

 8    it.  

 9                 I vote in the affirmative.  Thank 

10    you, Madam President.

11                 ACTING PRESIDENT PERSAUD:   Senator 

12    Kaminsky to be recorded in the affirmative.

13                 Announce the results.

14                 THE SECRETARY:   Ayes, 63.

15                 ACTING PRESIDENT PERSAUD:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    1680, Senate Print 1039, by Senator Krueger, an 

19    act to amend the Election Law.

20                 ACTING PRESIDENT PERSAUD:   Read the 

21    last section.

22                 THE SECRETARY:   Section 2.  This 

23    act shall take effect immediately.  

24                 ACTING PRESIDENT PERSAUD:   Call the 

25    roll.


                                                               4612

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT PERSAUD:   Announce 

 3    the results.

 4                 THE SECRETARY:   In relation to 

 5    Calendar 1680, those Senators voting in the 

 6    negative are Senators Gallivan, Lanza, Oberacker 

 7    and Weik.

 8                 Ayes, 59.  Nays, 4.

 9                 ACTING PRESIDENT PERSAUD:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    1707, Senate Print 1151C, by Senator Kaplan, an 

13    act to amend the Education Law.

14                 ACTING PRESIDENT PERSAUD:   Read the 

15    last section.

16                 THE SECRETARY:   Section 3.  This 

17    act shall take effect immediately.

18                 ACTING PRESIDENT PERSAUD:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT PERSAUD:   Announce 

22    the results.

23                 THE SECRETARY:   Ayes, 63.

24                 ACTING PRESIDENT PERSAUD:   The bill 

25    is passed.


                                                               4613

 1                 THE SECRETARY:   Calendar Number 

 2    1723, Senate Print 1443B, by Senator Addabbo, an 

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

 4    Breeding Law.

 5                 ACTING PRESIDENT PERSAUD:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 2.  This 

 8    act shall take effect immediately.

 9                 ACTING PRESIDENT PERSAUD:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT PERSAUD:   Announce 

13    the results.

14                 THE SECRETARY:   In relation to 

15    Calendar 1723, those Senators voting in the 

16    negative are Senators Griffo, Lanza, Oberacker, 

17    O'Mara, Ortt, Palumbo and Serino.

18                 Ayes, 56.  Nays, 7.

19                 ACTING PRESIDENT PERSAUD:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    1730, Senate Print 1810A, by Senator Skoufis, an 

23    act to amend the Town Law.

24                 ACTING PRESIDENT PERSAUD:   Read the 

25    last section.


                                                               4614

 1                 THE SECRETARY:   Section 4.  This 

 2    act shall take effect immediately.

 3                 ACTING PRESIDENT PERSAUD:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT PERSAUD:   Announce 

 7    the results.

 8                 THE SECRETARY:   In relation to 

 9    Calendar Number 1730, those Senators voting in 

10    the negative are Senators Akshar, Borrello, 

11    Brooks, Felder, Gallivan, Gaughran, Griffo, 

12    Helming, Jordan, Kennedy, Lanza, Mattera, 

13    Oberacker, O'Mara, Ortt, Palumbo, Rath, 

14    Reichlin-Melnick, Serino, Stec, Tedisco, Thomas 

15    and Weik.

16                 Ayes, 40.  Nays, 23.

17                 ACTING PRESIDENT PERSAUD:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    1740, Assembly Print Number 6710B, by 

21    Assemblymember Zebrowski, an act to amend the 

22    Executive Law.

23                 ACTING PRESIDENT PERSAUD:   Read the 

24    last section.

25                 THE SECRETARY:   Section 4.  This 


                                                               4615

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

 2    shall have become a law.

 3                 ACTING PRESIDENT PERSAUD:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT PERSAUD:   Announce 

 7    the results.

 8                 THE SECRETARY:   Ayes, 63.

 9                 ACTING PRESIDENT PERSAUD:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    1741, Assembly Print Number 5773, by 

13    Assemblymember Glick, an act to amend the 

14    Executive Law.

15                 ACTING PRESIDENT PERSAUD:   Read the 

16    last section.

17                 THE SECRETARY:   Section 2.  This 

18    act shall take effect on the first of January.

19                 ACTING PRESIDENT PERSAUD:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT PERSAUD:   Announce 

23    the results.

24                 THE SECRETARY:   In relation to 

25    Calendar Number 1741, those Senators voting in 


                                                               4616

 1    the negative are Senators Akshar, Borrello, 

 2    Gallivan, Griffo, Jordan, Martucci, Oberacker, 

 3    O'Mara, Ortt, Rath, Ritchie, Serino, Stec and 

 4    Tedisco.

 5                 Ayes, 49.  Nays, 14.

 6                 ACTING PRESIDENT PERSAUD:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    1742, Assembly Print Number 3144A, by 

10    Assemblymember Pretlow, an act to amend the 

11    Public Service Law and the State Finance Law.

12                 ACTING PRESIDENT PERSAUD:   Read the 

13    last section.

14                 THE SECRETARY:   Section 2.  This 

15    act shall take effect immediately.  

16                 ACTING PRESIDENT PERSAUD:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT PERSAUD:   Announce 

20    the results.

21                 THE SECRETARY:   In relation to 

22    Calendar Number 1742, those Senators voting in 

23    the negative are Senators Akshar, Borrello, 

24    Jordan, Martucci, Oberacker, O'Mara and Ortt.

25                 Ayes, 56.  Nays, 7.


                                                               4617

 1                 ACTING PRESIDENT PERSAUD:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    1743, Senate Print 2935A, by Senator Kaminsky, an 

 5    act to authorize the widow of Howard Mahler to 

 6    file a retirement option election form.

 7                 ACTING PRESIDENT PERSAUD:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 2.  This 

10    act shall take effect immediately.

11                 ACTING PRESIDENT PERSAUD:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT PERSAUD:   Announce 

15    the results.

16                 THE SECRETARY:   Ayes, 63.

17                 ACTING PRESIDENT PERSAUD:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    1744, Senate Print 3080A, by Senator Salazar, an 

21    act directing the New York State Energy Research 

22    and Development Authority to establish a Ride 

23    Clean rebate program.  

24                 ACTING PRESIDENT PERSAUD:   Read the 

25    last section.


                                                               4618

 1                 THE SECRETARY:   Section 2.  This 

 2    act shall take effect immediately.

 3                 ACTING PRESIDENT PERSAUD:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT PERSAUD:   Announce 

 7    the results.

 8                 THE SECRETARY:   In relation to 

 9    Calendar 1744, those Senators voting in the 

10    negative are Senators Felder, Helming and 

11    Oberacker.

12                 Ayes, 60.  Nays, 3.

13                 ACTING PRESIDENT PERSAUD:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    1746, Assembly Print Number 811A, by 

17    Assemblymember Wallace, an act to amend the 

18    Vehicle and Traffic Law.

19                 ACTING PRESIDENT PERSAUD:   Read the 

20    last section.

21                 THE SECRETARY:   Section 3.  This 

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

23    shall have become a law.

24                 ACTING PRESIDENT PERSAUD:   Call the 

25    roll.


                                                               4619

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT PERSAUD:   Announce 

 3    the results.

 4                 THE SECRETARY:   Ayes, 63.

 5                 ACTING PRESIDENT PERSAUD:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    1747, Assembly Bill Number 2211, by 

 9    Assemblymember Simon, an act to amend the 

10    Public Health Law.

11                 ACTING PRESIDENT PERSAUD:   Read the 

12    last section.

13                 THE SECRETARY:   Section 2.  This 

14    act shall take effect on the first of January.

15                 ACTING PRESIDENT PERSAUD:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT PERSAUD:   Senator 

19    Serino to explain her vote.

20                 SENATOR SERINO:   Thank you, 

21    Madam President.

22                 You know, while I understand and 

23    very much support the intent of this bill -- to 

24    get residents time to find a suitable alternative 

25    in the event of a closure -- this body hasn't 


                                                               4620

 1    done anything to get to the root of the problem 

 2    and actually prevent these closures to ensure 

 3    continuity for their residents.  

 4                 I know we all want our seniors and 

 5    those in need of assistance like those provided 

 6    in these facilities be able to age in place and 

 7    at home in the communities that they love.  But 

 8    that simply is not the reality for all 

 9    New Yorkers.  And our assisted living facilities 

10    play a critical role in allowing New Yorkers to 

11    age with the independence that they desire, but 

12    with a little extra help.  

13                 But we are losing these facilities 

14    left and right because the state refuses to 

15    ensure that they have the resources that they 

16    need to keep their doors open.  We have 

17    drastically underfunded the SSI rate and other 

18    supports that they receive, and those that are 

19    being hurt by this are our most vulnerable, many 

20    of whom are being moved to nursing homes as a 

21    rule.

22                 We can do better to prevent the 

23    closures of high-quality facilities that 

24    thousands of New Yorkers depend on, and we must.  

25    So while I support the intent of this bill, no 


                                                               4621

 1    one should be removed from their home without 

 2    proper notice and planning.  

 3                 I'll be voting no today, because 

 4    what we should be doing instead is supporting 

 5    this critical piece of our care continuum.

 6                 Thank you, Madam President.

 7                 ACTING PRESIDENT PERSAUD:   Senator 

 8    Serino to be recorded in the negative.

 9                 Announce the results.

10                 THE SECRETARY:   In relation to 

11    Calendar 1747, those Senators voting in the 

12    negative are Senators Akshar, Borrello, Felder, 

13    Gallivan and Serino.

14                 Ayes, 58.  Nays, 5.

15                 ACTING PRESIDENT PERSAUD:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    1748, Senate Print 4104A, by Senator Breslin, an 

19    act to amend the General Business Law.

20                 ACTING PRESIDENT PERSAUD:   Read the 

21    last section.

22                 SENATOR LANZA:   Lay it aside.

23                 ACTING PRESIDENT PERSAUD:   Lay it 

24    aside.

25                 THE SECRETARY:   Calendar Number 


                                                               4622

 1    1749, Assembly Print Number 5061, by the 

 2    Assemblymember Committee on Rules, an act to 

 3    amend the Public Health Law.

 4                 ACTING PRESIDENT PERSAUD:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 3.  This 

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

 8    shall have become a law.

 9                 ACTING PRESIDENT PERSAUD:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT PERSAUD:   Announce 

13    the results.

14                 THE SECRETARY:   In relation to 

15    Calendar 1749, those Senators voting in the 

16    negative are Senators Gallivan, Griffo, Helming, 

17    Jordan, O'Mara, Ortt and Stec.

18                 Ayes, 56.  Nays, 7.

19                 ACTING PRESIDENT PERSAUD:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    1750, Senate Print 4339B, by Senator Skoufis, an 

23    act to amend the Not-For-Profit Corporation Law.

24                 ACTING PRESIDENT PERSAUD:   Read the 

25    last section.


                                                               4623

 1                 THE SECRETARY:   Section 11.  This 

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

 3    shall have become a law.

 4                 ACTING PRESIDENT PERSAUD:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT PERSAUD:   Announce 

 8    the results.  

 9                 THE SECRETARY:   In relation to 

10    Calendar 1750, those Senators voting in the 

11    negative are Senators Akshar, Borrello, Gallivan, 

12    Griffo, Helming, Jordan, Martucci, O'Mara, Ortt, 

13    Palumbo, Rath, Ritchie, Serino, Tedisco and Weik.

14                 Ayes, 48.  Nays, 15.

15                 ACTING PRESIDENT PERSAUD:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    1751, Assembly Print Number 7404A, by 

19    Assemblymember Steck, an act to amend the 

20    New York State Energy Research and Development 

21    Authority to prepare a report on the 

22    establishment of a New York renewable energy 

23    laboratory.

24                 ACTING PRESIDENT PERSAUD:   Read the 

25    last section.


                                                               4624

 1                 THE SECRETARY:   Section 2.  This 

 2    act shall take effect immediately.

 3                 ACTING PRESIDENT PERSAUD:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT PERSAUD:   Announce 

 7    the results.

 8                 THE SECRETARY:   Ayes, 63.

 9                 ACTING PRESIDENT PERSAUD:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    1752, Senate Print 4871B, by Senator Breslin, an 

13    act to amend the Vehicle and Traffic Law.

14                 ACTING PRESIDENT PERSAUD:   Read the 

15    last section.

16                 THE SECRETARY:   Section 9.  This 

17    act shall take effect immediately.

18                 ACTING PRESIDENT PERSAUD:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT PERSAUD:   Announce 

22    the results.

23                 THE SECRETARY:   Ayes, 63.

24                 ACTING PRESIDENT PERSAUD:   The bill 

25    is passed.


                                                               4625

 1                 THE SECRETARY:   Calendar Number 

 2    1753, Assembly Print Number 3714, by 

 3    Assemblymember Rosenthal, an act to amend the 

 4    Real Property Law.

 5                 ACTING PRESIDENT PERSAUD:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 4.  This 

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

 9    shall have become a law.  

10                 ACTING PRESIDENT PERSAUD:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT PERSAUD:   Announce 

14    the results.

15                 THE SECRETARY:   In relation to 

16    Calendar 1753, those Senators voting in the 

17    negative are Senators Akshar, Borrello, Gallivan, 

18    Griffo, Helming, Jordan, Martucci, Mattera, 

19    Oberacker, Ortt, Palumbo, Rath, Ritchie, Serino, 

20    Stec, Tedisco and Weik.

21                 Ayes, 46.  Nays, 17.

22                 ACTING PRESIDENT PERSAUD:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 

25    1754, Senate Print 5456C, by Senator Bailey, an 


                                                               4626

 1    act to amend the Education Law.

 2                 ACTING PRESIDENT PERSAUD:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 4.  This 

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

 6    shall have become a law.

 7                 ACTING PRESIDENT PERSAUD:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT PERSAUD:   Announce 

11    the results.

12                 THE SECRETARY:   Ayes, 63.

13                 ACTING PRESIDENT PERSAUD:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    1755, Senate Print 5542, by Senator Brooks, an 

17    act to amend the Military Law.

18                 ACTING PRESIDENT PERSAUD:   Read the 

19    last section.

20                 THE SECRETARY:   Section 3.  This 

21    act shall take effect immediately.

22                 ACTING PRESIDENT PERSAUD:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT PERSAUD:   Announce 


                                                               4627

 1    the results.

 2                 THE SECRETARY:   Ayes, 63.

 3                 ACTING PRESIDENT PERSAUD:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    1756, Assembly Print Number 6877, by 

 7    Assemblymember Zebrowski, an act to amend the 

 8    Insurance Law.

 9                 ACTING PRESIDENT PERSAUD:   Read the 

10    last section.

11                 THE SECRETARY:   Section 2.  This 

12    act shall take effect on the first of January.

13                 ACTING PRESIDENT PERSAUD:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT PERSAUD:   Senator 

17    Weik to explain her vote.

18                 SENATOR WEIK:   Thank you, 

19    Madam President.  I rise to explain my vote today 

20    on this devastating piece of legislation.  

21                 Who performs these inspections?  

22    Mom-and-pop service stations, our local 

23    businesses.  About 300 jobs in my district that 

24    pay good salaries, 80,000-plus.  These are 

25    careers.


                                                               4628

 1                 The purpose of these inspections are 

 2    to identify after-accident damage or fraud 

 3    involving swapping out different vehicles.  

 4    According to the Suffolk County Deputy Sheriffs 

 5    Association, Reg 79 has been among the most 

 6    effective tools for law enforcement and insurers 

 7    to detect and prevent auto theft -- which, as you 

 8    know, has been increasing, especially in New York 

 9    City, where we saw thefts double in the last 

10    year.  

11                 Without these inspections, how will 

12    insurers be able to determine if a claim is 

13    valid?  We've spent a great deal of time dealing 

14    with crime issues in this chamber, but 

15    unfortunately the steps the Majority has taken 

16    have not led to decreasing crime, they've made us 

17    less safe.

18                 Once again it appears we're about to 

19    eliminate a tool that has been valuable and 

20    effective in preventing property crime -- 

21    car theft, which we've seen endless amounts of on 

22    the news lately no matter where you live in 

23    New York State.  And no matter where we go, we're 

24    going to continue to see that rise without this 

25    regulation in place.  


                                                               4629

 1                 We don't want to see more fraud, we 

 2    don't want to see more theft.  And we certainly 

 3    do not want to see insurance rates rise because 

 4    of car theft.  And for that reason and for the 

 5    loss of so many jobs in my district, I'll be 

 6    voting no.

 7                 ACTING PRESIDENT PERSAUD:   Senator 

 8    Weik to be recorded in the negative.

 9                 Announce the results.  Oh, sorry, 

10    Senator Boyle to explain his vote.

11                 SENATOR BOYLE:   Thank you, 

12    Madam President.  

13                 And I'd just like to associate 

14    myself with Senator Weik's remarks in explaining 

15    my vote in the negative.  

16                 We have seen so much fraud and abuse 

17    of the system of insurance, it makes no sense 

18    whatsoever that we would get rid of this system 

19    that has worked well for so long.  It's a minor 

20    inconvenience for the automobile owner, but it 

21    makes a big difference to law enforcement and to 

22    root out fraud by our insurance industry.  

23                 I vote in the negative.

24                 ACTING PRESIDENT PERSAUD:   Senator 

25    Boyle to be recorded in the negative.


                                                               4630

 1                 Announce the results.

 2                 THE SECRETARY:   In relation to 

 3    Calendar Number 1756, those Senators voting in 

 4    the negative are Senators Boyle, Gaughran, Lanza, 

 5    Mattera, Palumbo, Tedisco and Weik.

 6                 Ayes, 56.  Nays, 7.

 7                 ACTING PRESIDENT PERSAUD:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    1757, Senate Print 6093A, by Senator Gounardes, 

11    an act to amend the Retirement and 

12    Social Security Law.

13                 ACTING PRESIDENT PERSAUD:   Read the 

14    last section.

15                 THE SECRETARY:   Section 4.  This 

16    act shall take effect immediately.

17                 ACTING PRESIDENT PERSAUD:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT PERSAUD:   Announce 

21    the results.

22                 THE SECRETARY:   Ayes, 63.

23                 ACTING PRESIDENT PERSAUD:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               4631

 1    1758, Senate Print 6156, by Senator Boyle, an act 

 2    to amend the Highway Law.

 3                 ACTING PRESIDENT PERSAUD:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 3.  This 

 6    act shall take effect immediately.

 7                 ACTING PRESIDENT PERSAUD:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT PERSAUD:   Announce 

11    the results.

12                 THE SECRETARY:   In relation to 

13    Calendar Number 1758, voting in the negative:  

14    Senator Brisport.

15                 Ayes, 62.  Nays, 1.

16                 ACTING PRESIDENT PERSAUD:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    1759, Assembly Print Number 9118A, by 

20    Assemblymember Rosenthal, an act to amend the 

21    Social Services Law.

22                 ACTING PRESIDENT PERSAUD:   Read the 

23    last section.

24                 THE SECRETARY:   Section 2.  This 

25    act shall take effect immediately.  


                                                               4632

 1                 ACTING PRESIDENT PERSAUD:   Call the 

 2    roll.

 3                 (The Secretary called the roll.)

 4                 ACTING PRESIDENT PERSAUD:   Senator 

 5    Borrello to explain his vote.

 6                 SENATOR BORRELLO:   Thank you, 

 7    Madam President.  

 8                 I understand that the idea is to 

 9    make it easier for people to file things 

10    electronically.  But what we've learned is -- I 

11    am on the right bill, aren't I?  1759?  Yes.  I 

12    don't want to make the same mistake twice.  Yes, 

13    I'm right?  Okay, good.  Thank you.  

14                 Sorry, I'll start over again.  The 

15    issue I have with that is that I've seen -- not 

16    only have I seen a tremendous amount of fraud 

17    that occurred during the pandemic when we tried 

18    to help with unemployment insurance claims, but 

19    also I was a victim of such fraud.  Someone 

20    applied for unemployment insurance in the State 

21    of Kentucky in my name.  They opened up a 

22    checking account in the State of Kentucky in my 

23    name.  I've never worked in Kentucky, I've never 

24    lived in Kentucky.  It's a nice place, but I 

25    certainly shouldn't be collecting unemployment 


                                                               4633

 1    there.

 2                 And what this bill does is it makes 

 3    it easier for people to commit fraud.  And we 

 4    have billions and billions of dollars in fraud 

 5    that have occurred with unemployment insurance, 

 6    it has occurred elsewhere -- even the Excluded 

 7    Workers Fund had significant fraud in it, because 

 8    it was much easier to just file electronically 

 9    and not prove that anyone is who they say they 

10    are.  

11                 We need to stop that.  And I think 

12    if you're going to collect money courtesy of the 

13    taxpayers, you can show up and file in person.  

14                 So I'll be a no.  Thank you.  

15                 ACTING PRESIDENT PERSAUD:   Senator 

16    Borrello to be recorded in the negative.

17                 Announce the results.

18                 THE SECRETARY:   In relation to 

19    Calendar 1759, those Senators voting in the 

20    negative are Senators Akshar, Borrello, Helming, 

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

22    Palumbo, Rath, Serino, Stec and Tedisco.

23                 Ayes, 49.  Nays, 14.

24                 ACTING PRESIDENT PERSAUD:   The bill 

25    is passed.


                                                               4634

 1                 THE SECRETARY:   Calendar Number 

 2    1760, Assembly Print Number 2375C, by 

 3    Assemblymember Dinowitz, an act to amend the 

 4    Domestic Relations Law and the Executive Law.

 5                 ACTING PRESIDENT PERSAUD:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 4.  This 

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

 9    shall have become a law.

10                 ACTING PRESIDENT PERSAUD:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT PERSAUD:   Senator 

14    Hoylman to explain his vote.

15                 SENATOR HOYLMAN:   Thank you, 

16    Madam President.

17                 This is a shocking statistic.  

18    According to the Center for Judicial Excellence, 

19    more than 700 children across the nation have 

20    been killed by a parent or parental figure during 

21    circumstances involving divorce, separation, 

22    custody, visitation or child support just since 

23    2008.  And at least 98 children in 40 states have 

24    been killed by a parent or parental figure after, 

25    after a Family Court allowed unsupervised contact 


                                                               4635

 1    with the child after the court was informed 

 2    beforehand about a parent's or parental figure's 

 3    violent history, mental illness, or risk of 

 4    harming a child.

 5                 In Family Court custody of a child 

 6    can be heavily influenced by court-appointed 

 7    forensic evaluators, though their training or 

 8    educational and professional experiences vary 

 9    greatly across our state.  Even though these 

10    court-appointed evaluators typically conduct 

11    mental health evaluations, they currently aren't 

12    required to be licensed mental health 

13    professionals.  They've produced reports that are 

14    often foundational in forming the court's 

15    decision of a custody or visitation dispute.

16                 Currently no mandatory standards or 

17    training exists for court-appointed evaluators, 

18    nor are they established for competence in the 

19    nuances of domestic violence-involved child 

20    custody cases.

21                 Tragically, and despite the 

22    existence of an evaluative process, there have 

23    been many instances in New York where children 

24    have been killed after the court granted 

25    unsupervised visitation to their murderer.  


                                                               4636

 1                 In an effort to address this 

 2    deficiency in the court system, our bill will 

 3    require evaluators appointed on behalf of the 

 4    court to be a psychologist, social worker or 

 5    psychiatrist who has undergone the required 

 6    biennial domestic violence-related training.

 7                 This bill requires the Office for 

 8    the Prevention of Domestic Violence to contract 

 9    with the New York State Coalition Against 

10    Domestic Violence to develop a training program 

11    for such individuals that covers various aspects 

12    related to domestic violence.  With training and 

13    an awareness of the impact domestic violence has 

14    on victims, custody evaluators will be better 

15    prepared to provide evaluations that are in the 

16    best interests of a child.

17                 In order to keep our kids safe from 

18    these troubling family matters, Madam President, 

19    I vote aye.  Thank you.

20                 ACTING PRESIDENT PERSAUD:   Senator 

21    Hoylman to be recorded in the affirmative.

22                 Announce the results.

23                 THE SECRETARY:   Ayes, 63.

24                 ACTING PRESIDENT PERSAUD:   The bill 

25    is passed.


                                                               4637

 1                 THE SECRETARY:   Calendar Number 

 2    1761, Senate Print 6598B, by Senator Cooney, an 

 3    act to amend the Vehicle and Traffic Law and the 

 4    Penal Law.

 5                 ACTING PRESIDENT PERSAUD:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 8.  This 

 8    act shall take effect on the first of November.  

 9                 ACTING PRESIDENT PERSAUD:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT PERSAUD:   Announce 

13    the results.

14                 THE SECRETARY:   Ayes, 63.

15                 ACTING PRESIDENT PERSAUD:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    1762, Senate Print 6665, by Senator Savino, an 

19    act to amend the General Business Law.

20                 ACTING PRESIDENT PERSAUD:   Read the 

21    last section.

22                 THE SECRETARY:   Section 12.  This 

23    act shall take effect one year after it shall 

24    have become a law.

25                 ACTING PRESIDENT PERSAUD:   Call the 


                                                               4638

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT PERSAUD:   Announce 

 4    the results.

 5                 THE SECRETARY:   In relation to 

 6    Calendar Number 1762, voting in the negative:  

 7    Senator Akshar.

 8                 Ayes, 62.  Nays, 1.

 9                 ACTING PRESIDENT PERSAUD:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    1763, Assembly Print Number 7882A, by 

13    Assemblymember Abinanti, an act to amend the 

14    Social Services Law.

15                 ACTING PRESIDENT PERSAUD:   Read the 

16    last section.

17                 THE SECRETARY:   Section 2.  This 

18    act shall take effect immediately.

19                 ACTING PRESIDENT PERSAUD:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT PERSAUD:   Announce 

23    the results.

24                 THE SECRETARY:   Ayes, 63.

25                 ACTING PRESIDENT PERSAUD:   The bill 


                                                               4639

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    1764, Senate Print 6842A, by Senator Comrie, an 

 4    act to amend the Environmental Conservation Law.

 5                 ACTING PRESIDENT PERSAUD:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 2.  This 

 8    act shall take effect immediately.  

 9                 ACTING PRESIDENT PERSAUD:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT PERSAUD:   Announce 

13    the results.

14                 THE SECRETARY:   Ayes, 63.

15                 ACTING PRESIDENT PERSAUD:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    1765, Senate Print 6857, by Senator Bailey, an 

19    act to amend the Criminal Procedure Law.

20                 ACTING PRESIDENT PERSAUD:   Read the 

21    last section.

22                 THE SECRETARY:   Section 2.  This 

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

24    shall have become a law.

25                 ACTING PRESIDENT PERSAUD:   Call the 


                                                               4640

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT PERSAUD:   Announce 

 4    the results.

 5                 THE SECRETARY:   In relation to 

 6    Calendar Number 1765, those Senators voting in 

 7    the negative are Senators Akshar, Borrello, 

 8    Gallivan, Griffo, Helming, Jordan, Lanza, 

 9    Martucci, Oberacker, Ortt, Palumbo, Rath, 

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

11    Senator O'Mara.

12                 Ayes, 45.  Nays, 18.

13                 SENATOR HELMING:   The bill is 

14    passed.

15                 THE SECRETARY:   Calendar Number 

16    1766, Senate Print 6949, by Senator Kennedy, an 

17    act to amend the Banking Law.

18                 ACTING PRESIDENT PERSAUD:   Read the 

19    last section.

20                 THE SECRETARY:   Section 5.  This 

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

22    shall have become a law.  

23                 ACTING PRESIDENT PERSAUD:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               4641

 1                 ACTING PRESIDENT PERSAUD:   Announce 

 2    the results.

 3                 THE SECRETARY:   Ayes, 63.

 4                 ACTING PRESIDENT PERSAUD:   The bill 

 5    is passed.  

 6                 THE SECRETARY:   Calendar Number 

 7    1767, Senate Print 7042B, by Senator Ryan, an act 

 8    to amend the Vehicle and Traffic Law and the 

 9    Real Property Law.  

10                 ACTING PRESIDENT PERSAUD:   Read the 

11    last section.

12                 THE SECRETARY:   Section 9.  This 

13    act shall take effect one year after it shall 

14    have become a law.

15                 ACTING PRESIDENT PERSAUD:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT PERSAUD:   Announce 

19    the results.

20                 THE SECRETARY:   Ayes, 63.

21                 ACTING PRESIDENT PERSAUD:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    1768, Senate Print 7224A, by Senator Serino, an 

25    act to amend the Highway Law.


                                                               4642

 1                 ACTING PRESIDENT PERSAUD:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 3.  This 

 4    act shall take effect immediately.

 5                 ACTING PRESIDENT PERSAUD:   Call the 

 6    roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT PERSAUD:   Senator 

 9    Serino to explain her vote.

10                 SENATOR SERINO:   Thank you, 

11    Madam President.

12                 I rise today to thank my colleagues 

13    for supporting a piece of legislation that means 

14    so much to so many in the Putnam Valley 

15    community.

16                 This bill would officially rename 

17    the Pudding Street Overpass the "Putnam Valley 

18    First Responders Bridge."  And I'm sure a lot of 

19    my colleagues travel on the Taconic Parkway and 

20    they see that wonderful overpass now.

21                 You know, when I first took office, 

22    the Putnam Valley community made it clear to me 

23    that their top priority was constructing an 

24    overpass at an incredibly dangerous point on the 

25    Taconic State Parkway, In fact, I think it was 


                                                               4643

 1    one of the top three most dangerous spots.  It 

 2    was a point notorious for serious car accidents 

 3    and a point that busloads of local schoolchildren 

 4    traveled every day.  

 5                 And you know what, I will never 

 6    forget taking the ride that day on a school bus, 

 7    and you can imagine driving across the Taconic 

 8    State Parkway -- and a big bus doesn't have a lot 

 9    of power, and all you see is all these cars 

10    coming at you.  It was extremely upsetting.  

11                 So the residents and local officials 

12    and first responders there let me know that they 

13    had been working for over 20 years to get an 

14    overpass constructed to improve safety and to 

15    better protect visitors and residents alike.

16                 I got to work right away and 

17    ultimately secured the funding necessary to make 

18    the long-awaited overpass a reality.  I'm proud 

19    to say that the overpass was completed on time 

20    and on budget, and to this day it remains one of 

21    my proudest accomplishments in office.  

22                 Putnam Valley first responders are 

23    an integral part of our local community.  They 

24    put their lives on the line daily to serve.  And 

25    it was thanks in large part to their push for 


                                                               4644

 1    change that the long-awaited Pudding Street 

 2    Overpass ultimately became a reality.  

 3                 You know, to have the opportunity to 

 4    name this bridge in their honor is a truly 

 5    meaningful moment, not only for me but every 

 6    single resident who worked tirelessly through the 

 7    years to get this project over the finish line.

 8                 And, you know, it's really one small 

 9    way that we can thank them for their selfless 

10    service, and one way that we can remind that they 

11    always have a grateful community behind them.

12                 I want to thank all of our local 

13    partners and our partners at the State DOT for 

14    never giving up on this project.

15                 Thank you, Madam President.  I vote 

16    aye.

17                 ACTING PRESIDENT PERSAUD:   Senator 

18    Serino to be recorded in the affirmative.

19                 SENATOR GIANARIS:   Madam President, 

20    can we just stand at ease for a moment.  We're 

21    waiting for the Assembly substitution on this 

22    bill to arrive.

23                 ACTING PRESIDENT PERSAUD:   The 

24    Senate will stand at ease.

25                 (Whereupon, the Senate stood at ease 


                                                               4645

 1    at 4:09 p.m.)

 2                 (Whereupon, the Senate reconvened at 

 3    4:09 p.m.)

 4                 ACTING PRESIDENT PERSAUD:   The 

 5    Senate will return to order.

 6                 SENATOR GIANARIS:   We're back, 

 7    Madam President.  I understand the substitution 

 8    has arrived.

 9                 ACTING PRESIDENT PERSAUD:   There is 

10    a substitution at the desk.

11                 The Secretary will read.  

12                 THE SECRETARY:   Senator Serino 

13    moves to discharge, from the Committee on Rules, 

14    Assembly Bill Number 8455A and substitute it for 

15    the identical Senate Bill 7224A, Third Reading 

16    Calendar 1768.

17                 ACTING PRESIDENT PERSAUD:   The 

18    substitution is so ordered.

19                 The Secretary will read.

20                 THE SECRETARY:   Calendar Number 

21    1768, Assembly Print Number 8455A, by 

22    Assemblymember Byrne, an act to amend the 

23    Highway Law.

24                 ACTING PRESIDENT PERSAUD:   Read the 

25    last section.


                                                               4646

 1                 THE SECRETARY:   Section 2.  This 

 2    act shall take effect immediately.  

 3                 ACTING PRESIDENT PERSAUD:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT PERSAUD:   Announce 

 7    the results.

 8                 THE SECRETARY:   In relation to 

 9    Calendar Number 1768, voting in the negative:  

10    Senator Brisport.

11                 Ayes, 62.  Nays, 1.

12                 ACTING PRESIDENT PERSAUD:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    1769, Assembly Print Number 8163A, by 

16    Assemblymember Epstein, an act to amend the 

17    Criminal Procedure Law and the Penal Law.

18                 ACTING PRESIDENT PERSAUD:   Read the 

19    last section.

20                 THE SECRETARY:   Section 4.  This 

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

22    shall have become a law.

23                 ACTING PRESIDENT PERSAUD:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               4647

 1                 ACTING PRESIDENT PERSAUD:   Announce 

 2    the results.

 3                 THE SECRETARY:   In relation to 

 4    Calendar 1769, those Senators voting in the 

 5    negative are Senators Akshar, Borrello, Gallivan, 

 6    Griffo, Helming, Martucci, Mattera, Oberacker, 

 7    O'Mara, Ortt, Palumbo, Ritchie, Tedisco and Weik.

 8                 Ayes, 49.  Nays, 14.

 9                 ACTING PRESIDENT PERSAUD:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    1770, Senate Print 7377, by Senator Mayer, an act 

13    to amend the Mental Hygiene Law.

14                 ACTING PRESIDENT PERSAUD:   Read the 

15    last section.

16                 THE SECRETARY:   Section 5.  This 

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

18    shall have become a law.

19                 ACTING PRESIDENT PERSAUD:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT PERSAUD:   Announce 

23    the results.

24                 THE SECRETARY:   Ayes, 63.

25                 ACTING PRESIDENT PERSAUD:   The bill 


                                                               4648

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    1771, Senate Print 7445B, by Senator Comrie, an 

 4    act to amend the General Municipal Law.

 5                 ACTING PRESIDENT PERSAUD:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 2.  This 

 8    act shall take effect immediately.

 9                 ACTING PRESIDENT PERSAUD:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT PERSAUD:   Announce 

13    the results.

14                 THE SECRETARY:   In relation to 

15    Calendar 1771, those Senators voting in the 

16    negative are Senators Borrello, Martucci and 

17    Rath.  

18                 Ayes, 60.  Nays, 3.

19                 ACTING PRESIDENT PERSAUD:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    1772, Senate Print 7493A, by Senator Hoylman, an 

23    act to amend the General Obligations Law.

24                 ACTING PRESIDENT PERSAUD:   Read the 

25    last section.


                                                               4649

 1                 THE SECRETARY:   Section 8.  This 

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

 3    shall have become a law.

 4                 ACTING PRESIDENT PERSAUD:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT PERSAUD:   Senator 

 8    Hoylman to explain his vote.

 9                 SENATOR HOYLMAN:   Thank you, 

10    Madam President.  

11                 You know, in my district and I think 

12    in a few of our districts, this is something you 

13    see as you walk along the West Side Highway or 

14    parts of the Brooklyn waterfront or even parts of 

15    the East Side of Manhattan.  And what that is are 

16    our constituents raising their fists to 

17    helicopters that fly very low across our 

18    districts.  

19                 In fact, helicopter noise is one of 

20    the things I hear most frequently about from my 

21    constituents.  And it's not just my office.  From 

22    2020 to 2021, helicopter-related noise complaints 

23    to 311 increased from 10,359 to more than double, 

24    25,821, with over 21,000 of these complaints 

25    coming from Manhattan alone.  There has been a 


                                                               4650

 1    2,329 percent increase -- a 2,329 percent 

 2    increase in these complaints to 311 in just the 

 3    last five years.

 4                 Helicopters take off and land 

 5    hundreds of times during the week, flying over 

 6    and near people's homes, near parks, emitting 

 7    high-decibel noise, and guzzling fossil fuels.  

 8    New Yorkers can't work from home any longer 

 9    comfortably, enjoy a walk along our Hudson River 

10    Park or keep a napping child asleep because of 

11    the incessant noise and vibrations from 

12    nonessential chopper use.  

13                 And choppers aren't just a simple 

14    annoyance perpetrated by the ultra-rich.  They 

15    are a bona fide public nuisance.  Noise pollution 

16    can have serious health effects such as hearing 

17    loss, stress, memory impairment, high blood 

18    pressure, muscle tension, ulcers, fatigue, sleep 

19    problems -- oh, my God, this is a horrible 

20    list -- and can reduce cognitive ability in 

21    children and adults.  

22                 Helicopters are a threat to our 

23    environment and detract from New Yorkers' ability 

24    to meet the goals of the Climate Leadership and 

25    Community Protection Act.  One helicopter 


                                                               4651

 1    produces 43 times more carbon dioxide per hour 

 2    than an average car.  

 3                 Chopper noise is not just a public 

 4    nuisance, it can be deadly.  A new study from 

 5    Rutgers found that noise pollution from 

 6    transportation causes 5 percent of New Jersey 

 7    heart attacks.  If that is the case in 

 8    New Jersey, I can't imagine what it is in 

 9    New York City.

10                 This bill is finally going to 

11    address this problem and "Stop the Chop."  First, 

12    it's going to empower the Attorney General and 

13    private citizens whose use and enjoyment of their 

14    property or public parks has been negatively 

15    impacted to bring an action against chopper 

16    companies that flout our local, state and federal 

17    laws and create an unreasonable level of noise at 

18    ground level, such as the plague of sight-seeing 

19    flights coming from New Jersey that hover over 

20    Central Park and ruin the park for thousands for 

21    the enjoyment and comfort of just a select few.

22                 Second, it's going to significantly 

23    restrict the use of the Hudson River Park 

24    Heliport in my Senate district to prevent 

25    choppers and operators that engage in any 


                                                               4652

 1    prohibited type of flight from accessing the 

 2    heliport for any reason.

 3                 This bill will substantially improve 

 4    quality of life across our city and maybe even 

 5    save some lives.  I vote aye.

 6                 Thank you, Madam President.

 7                 ACTING PRESIDENT PERSAUD:   Senator 

 8    Hoylman to be recorded in the affirmative.

 9                 Announce the results.

10                 THE SECRETARY:   In relation to 

11    Calendar 1772, those Senators voting in the 

12    negative are Senators Akshar, Borrello, Gallivan, 

13    Helming, Jordan, Martucci, Oberacker, O'Mara, 

14    Ortt, Rath and Stec.  Also Senator Tedisco.

15                 Ayes, 51.  Nays, 12.

16                 ACTING PRESIDENT PERSAUD:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    1773, Senate Print 7585, by Senator Persaud, an 

20    act to amend the Agriculture and Markets Law.

21                 ACTING PRESIDENT PERSAUD:   Read the 

22    last section.

23                 THE SECRETARY:   Section 3.  This 

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

25    shall have become a law.


                                                               4653

 1                 ACTING PRESIDENT PERSAUD:   Call the 

 2    roll.

 3                 (The Secretary called the roll.)

 4                 ACTING PRESIDENT PERSAUD:   Announce 

 5    the results.

 6                 THE SECRETARY:   Ayes, 63.

 7                 ACTING PRESIDENT PERSAUD:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    1774, Assembly Print Number 8604, by 

11    Assemblymember Forrest, an act to amend the 

12    Social Services Law.

13                 ACTING PRESIDENT PERSAUD:   Read the 

14    last section.

15                 THE SECRETARY:   Section 2.  This 

16    act shall take effect on the first of April.

17                 ACTING PRESIDENT PERSAUD:   Call the 

18    roll.  

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT PERSAUD:   Announce 

21    the results.

22                 THE SECRETARY:   In relation to 

23    Calendar Number 1774, voting in the negative:  

24    Senator Oberacker.  

25                 Ayes, 62.  Nays, 1.


                                                               4654

 1                 ACTING PRESIDENT PERSAUD:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    1775, Senate Print 8369B, by Senator Gounardes, 

 5    an act to amend the Labor Law.

 6                 ACTING PRESIDENT PERSAUD:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 4.  This 

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

10    shall have become a law.

11                 ACTING PRESIDENT PERSAUD:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT PERSAUD:   Senator 

15    Gounardes to explain his vote.

16                 SENATOR GOUNARDES:   Thank you, 

17    Madam President.

18                 I rise today in support of this 

19    legislation because, as we know, it is incredibly 

20    important that we extend labor protections to all 

21    workers across our state.  More than one-third of 

22    our workforce here in New York are freelancers 

23    who don't have the benefit of working with 

24    contracts, who don't have the benefit of getting 

25    support in terms of being paid on time, of having 


                                                               4655

 1    rights that they can enforce when they're not 

 2    paid or if they're not paid their full amounts, 

 3    and when they're doing work especially in this 

 4    post-pandemic economy, as more and more people 

 5    are engaging in different types of freelance 

 6    work.  

 7                 That's why this bill, the Freelance 

 8    Isn't Free bill, is so incredibly important for 

 9    us to pass.  This legislation is modeled on the 

10    successful program that has worked in New York 

11    City for the last few years that has recovered 

12    $1.6 billion for freelance workers in unpaid 

13    wages and allowed them and empowered them to be 

14    able to work with dignity and to be fairly 

15    compensated for it.  

16                 So I'm very proud of this 

17    legislation.  This is a huge step forward for 

18    workers in this state.  And whether you are a 

19    nurse on strike in Buffalo or a barista in 

20    Brooklyn organizing a union or a freelance worker 

21    who is trying to get paid fairly and on time, all 

22    workers deserve these rights.  

23                 And I'm very proud to vote aye.  

24    Thank you.

25                 ACTING PRESIDENT PERSAUD:   Senator 


                                                               4656

 1    Gounardes to be recorded in the affirmative.

 2                 Announce the results.

 3                 THE SECRETARY:   In relation to 

 4    Calendar 1775, those Senators voting in the 

 5    negative are Senators Akshar, Borrello, Boyle, 

 6    Gallivan, Griffo, Helming, Jordan, Lanza, 

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

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

 9    Weik.

10                 Ayes, 43.  Nays, 20.

11                 ACTING PRESIDENT PERSAUD:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 

14    1776, Senate Print 8381B, by Senator Thomas, an 

15    act to amend the Public Authorities Law.

16                 SENATOR LANZA:   Lay it aside.

17                 ACTING PRESIDENT PERSAUD:   Lay it 

18    aside.

19                 THE SECRETARY:   Calendar Number 

20    1777, Assembly Print Number 9423A, by 

21    Assemblymember Peoples-Stokes, an act to amend 

22    the Education Law.

23                 ACTING PRESIDENT PERSAUD:   Read the 

24    last section.

25                 THE SECRETARY:   Section 2.  This 


                                                               4657

 1    act shall take effect immediately.

 2                 ACTING PRESIDENT PERSAUD:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT PERSAUD:   Announce 

 6    the results.

 7                 THE SECRETARY:   In relation to 

 8    Calendar Number 1777, those Senators voting in 

 9    the negative are Senators Helming and Martucci.  

10                 Ayes, 61.  Nays, 2. 

11                 ACTING PRESIDENT PERSAUD:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 

14    1778, Senate Print 8482, by Senator Akshar, an 

15    act to amend Chapter 433 of the Laws of 2013.

16                 ACTING PRESIDENT PERSAUD:   There is 

17    a home-rule message at the desk.

18                 Read the last section.

19                 THE SECRETARY:   Section 2.  This 

20    act shall take effect immediately.  

21                 ACTING PRESIDENT PERSAUD:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT PERSAUD:   Announce 

25    the results.


                                                               4658

 1                 THE SECRETARY:   Ayes, 63.

 2                 ACTING PRESIDENT PERSAUD:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    1779, Assembly Print Number 9517, by 

 6    Assemblymember Jones, an act to authorize 

 7    Nicholas Moore, Joshua Golden and Nathan Kasprzak 

 8    to receive certain service credit under 

 9    Section 384-d of the Retirement and 

10    Social Security Law.

11                 ACTING PRESIDENT PERSAUD:   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 PERSAUD:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT PERSAUD:   Announce 

20    the results.

21                 THE SECRETARY:   In relation to 

22    Calendar Number 1779, voting in the negative:  

23    Senator Brisport.

24                 Ayes, 62.  Nays, 1.

25                 ACTING PRESIDENT PERSAUD:   The bill 


                                                               4659

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    1780, Assembly Print Number 9700, by 

 4    Assemblymember Palmesano, an act to amend the 

 5    Town Law and the Public Officers Law.

 6                 ACTING PRESIDENT PERSAUD:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 2.  This 

 9    act shall take effect immediately.  

10                 ACTING PRESIDENT PERSAUD:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT PERSAUD:   Announce 

14    the results.

15                 THE SECRETARY:   Ayes, 63.

16                 ACTING PRESIDENT PERSAUD:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    1781, Senate Print 8884A, by Senator Hoylman, an 

20    act to amend the Public Health Law and the 

21    State Finance Law.

22                 ACTING PRESIDENT PERSAUD:   Read the 

23    last section.

24                 THE SECRETARY:   Section 5.  This 

25    act shall take effect immediately.


                                                               4660

 1                 ACTING PRESIDENT PERSAUD:   Call the 

 2    roll.

 3                 (The Secretary called the roll.)

 4                 ACTING PRESIDENT PERSAUD:   Announce 

 5    the results.

 6                 THE SECRETARY:   In relation to 

 7    Calendar 1781, those Senators voting in the 

 8    negative are Senators Akshar, Borrello, Felder, 

 9    Gallivan, Griffo, Helming, Jordan, Lanza, 

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

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

12    Weik.

13                 Ayes, 43.  Nays, 20.

14                 ACTING PRESIDENT PERSAUD:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    1782, Senate Print 8893, by Senator Persaud, an 

18    act to amend the Public Health Law.

19                 ACTING PRESIDENT PERSAUD:   Read the 

20    last section.

21                 THE SECRETARY:   Section 2.  This 

22    act shall take effect immediately.  

23                 ACTING PRESIDENT PERSAUD:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               4661

 1                 ACTING PRESIDENT PERSAUD:   Senator 

 2    Ramos to explain her vote.

 3                 (Off the record.)

 4                 ACTING PRESIDENT PERSAUD:   Senator 

 5    May to explain her vote.

 6                 SENATOR MAY:   Thank you, 

 7    Madam President.  I am happy to rise and thank my 

 8    colleague Senator Ramos for introducing this bill 

 9    and to explain why I'm voting aye on it.

10                 Amazon workers in New York had an 

11    injury rate in warehouses in 2020 of 5.5 per 100, 

12    and that number rose to 9 per 100 in 2021.  

13    That's a huge increase in injuries.  And nine out 

14    of a hundred people getting injured -- many of 

15    them so that they can't even do the job that they 

16    were doing before.

17                 So we need to stand up for these 

18    workers.  We definitely need to support warehouse 

19    workers who are being given quotas that are 

20    simply insupportable, and to make sure that the 

21    conditions for these workers are reasonable 

22    conditions.  

23                 So I am grateful to Senator Ramos 

24    for this bill, and I vote aye.

25                 ACTING PRESIDENT PERSAUD:   Just for 


                                                               4662

 1    clarification, this is Calendar Number 1782.

 2                 Announce the results.

 3                 THE SECRETARY:   Ayes, 63.

 4                 ACTING PRESIDENT PERSAUD:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    1783, Senate Print 8895A, by Senator Kaplan, an 

 8    act authorizing the Village of Mineola, County of 

 9    Nassau, to alienate certain parklands for the use 

10    in the Village of Mineola.

11                 ACTING PRESIDENT PERSAUD:   There is 

12    a home-rule message at the desk.

13                 Read the last section.

14                 THE SECRETARY:   Section 7.  This 

15    act shall take effect immediately.

16                 ACTING PRESIDENT PERSAUD:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT PERSAUD:   Announce 

20    the results.

21                 THE SECRETARY:   Ayes, 63.

22                 ACTING PRESIDENT PERSAUD:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 

25    1784, Senate Print 8922A, by Senator Ramos, an 


                                                               4663

 1    act to amend the Labor Law.

 2                 ACTING PRESIDENT PERSAUD:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 5.  This 

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

 6    shall have become a law.

 7                 ACTING PRESIDENT PERSAUD:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT PERSAUD:   Senator 

11    Ramos to explain her vote.

12                 SENATOR RAMOS:   There's a lot of 

13    confusion going on, Madam President.  I'm so 

14    sorry.

15                 But I rise, of course, to -- in 

16    support of my own bill.  I want to talk a little 

17    bit about the Amazon warehouse workers.  I know I 

18    spoke about them a few -- actually, last week.  

19    Just last week I was asking Senator Lanza to 

20    actually consider cosponsoring my bill given the 

21    fact that he represents the warehouse with the 

22    greatest number of injuries in the entire state.

23                 But, you know, I'm happy that we're 

24    actually passing this today, even if it's without 

25    his support, in order to regulate this algorithm 


                                                               4664

 1    and a quota system that really does put a big 

 2    burden on warehouse workers when -- especially 

 3    when they're not even able to understand exactly 

 4    how the algorithm works.  And it honestly just 

 5    pressures them into working harder, into working 

 6    faster, and it has led to grave injuries on many 

 7    of these sites.  

 8                 And it really is our responsibility 

 9    to keep these workers safe.  You know, these are 

10    our modern-day factories.  Warehouse work is 

11    increasing across our state, given the high 

12    demand of online purchases.  So we want to make 

13    sure that we are really dealing with the human 

14    consequence of that high demand of online 

15    purchases and of on-time delivery.

16                 So I'm very thankful to my 

17    conference and to the Majority Leader for letting 

18    us at least get this part done as soon as 

19    possible before the end of session.  And I'm 

20    looking forward to tackling a lot more of what's  

21    going on in these warehouses next session with 

22    everyone who gets back.

23                 Thank you, Madam President.

24                 ACTING PRESIDENT PERSAUD:   Senator 

25    Ramos to be recorded in the affirmative.


                                                               4665

 1                 Senator Savino to explain her vote.

 2                 SENATOR SAVINO:   Thank you, 

 3    Madam President.  

 4                 I also rise in support of this bill, 

 5    and I want to commend Senator Ramos for her work 

 6    on this incredibly important issue.  

 7                 She's absolutely right.  What is 

 8    happening not just in Amazon warehouses but in 

 9    warehouses across the country and across this 

10    state is devastating to workers.  The pressure 

11    that's being placed on them to compete against 

12    robotics and artificial intelligence is leading 

13    to some of the highest levels of workplace injury 

14    that we have seen since the dawn of the 

15    Industrial Revolution.  And that is a remarkable 

16    thing when you think about 50, 60, 70 years since 

17    the implementation of occupational safety and 

18    health rules and workers' compensation, and we 

19    are seeing workers harmed more often now than 

20    before.  And that is largely --

21                 ACTING PRESIDENT PERSAUD:   Can we 

22    have order, please.

23                 SENATOR SAVINO:   That is largely 

24    because of the pressures that are being placed on 

25    warehouse workers by the use of algorithms, by 


                                                               4666

 1    the use of artificial intelligence and robotics.  

 2                 Two and a half years ago this 

 3    Legislature passed the creation of a task force 

 4    to study AI and robotics on workers.  It was 

 5    stalled because of the pandemic.  I have called 

 6    upon the Governor to immediately implement that 

 7    task force and asked for her to appoint the head 

 8    of the Amazon labor union as one of her 

 9    appointees to study this.  

10                 The new industrial revolution is 

11    harming workers in a greater rate than it did in 

12    the past.  We need to do something about it.  

13    This piece of legislation is a step in that 

14    direction.  I proudly vote in support of it.  

15                 Thank you, Madam President.

16                 ACTING PRESIDENT PERSAUD:   Senator 

17    Savino to be recorded in the affirmative.

18                 Announce the results.

19                 THE SECRETARY:   In relation to 

20    Calendar 1784, those Senators voting in the 

21    negative are Senators Akshar, Borrello, Boyle, 

22    Gallivan, Griffo, Helming, Jordan, Lanza, 

23    Martucci, Oberacker, O'Mara, Palumbo, Rath, 

24    Ritchie, Serino, Stec, Tedisco and Weik.

25                 Ayes, 45.  Nays, 18.


                                                               4667

 1                 ACTING PRESIDENT PERSAUD:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    1786, Assembly Print Number 10218, by the 

 5    Assembly Committee on Rules, an act granting 

 6    retroactive Tier IV status in the New York State 

 7    and Local Employees' Retirement System to 

 8    Kimberly Kinblom.

 9                 ACTING PRESIDENT PERSAUD:   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 PERSAUD:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT PERSAUD:   Announce 

18    the results.

19                 THE SECRETARY:   Ayes, 63.

20                 ACTING PRESIDENT PERSAUD:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    1787, Senate Print 9112, by Senator Oberacker, an 

24    act to authorize Donald Kane of the Village of 

25    Mohawk to take the competitive civil service 


                                                               4668

 1    examination.

 2                 ACTING PRESIDENT PERSAUD:   There is 

 3    a home-rule message at the desk.

 4                 Read the last section.

 5                 THE SECRETARY:   Section 3.  This 

 6    act shall take effect immediately.

 7                 ACTING PRESIDENT PERSAUD:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT PERSAUD:   Announce 

11    the results.

12                 THE SECRETARY:   In relation to 

13    Calendar Number 787, voting in the negative:  

14    Senator Brisport.

15                 Ayes, 62.  Nays, 1.

16                 ACTING PRESIDENT PERSAUD:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    1788, Assembly Print Number 10191, by the 

20    Assembly Committee on Rules, an act to amend the 

21    Education Law.

22                 ACTING PRESIDENT PERSAUD:   Read the 

23    last section.

24                 THE SECRETARY:   Section 2.  This 

25    act shall take effect immediately.


                                                               4669

 1                 ACTING PRESIDENT PERSAUD:   Call the 

 2    roll.

 3                 (The Secretary called the roll.)

 4                 ACTING PRESIDENT PERSAUD:   Announce 

 5    the results.

 6                 THE SECRETARY:   Ayes, 63.

 7                 ACTING PRESIDENT PERSAUD:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    1789, Assembly Print Number 10192, by the 

11    Assembly Committee on Rules, an act to amend the 

12    Education Law.

13                 ACTING PRESIDENT PERSAUD:   Read the 

14    last section.

15                 THE SECRETARY:   Section 2.  This 

16    act shall take effect immediately.

17                 ACTING PRESIDENT PERSAUD:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT PERSAUD:   Announce 

21    the results.

22                 THE SECRETARY:   Ayes, 63.

23                 ACTING PRESIDENT PERSAUD:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               4670

 1    1790, Senate Print 9354, by Senator Skoufis, an 

 2    act to amend the Executive Law.

 3                 ACTING PRESIDENT PERSAUD:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 2.  This 

 6    act shall take effect immediately.

 7                 ACTING PRESIDENT PERSAUD:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT PERSAUD:   Announce 

11    the results.

12                 THE SECRETARY:   Ayes, 63.

13                 ACTING PRESIDENT PERSAUD:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    1791, Senate Print 9377, by Senator Sepúlveda, an 

17    act to amend the New York City Civil Court Act.

18                 ACTING PRESIDENT PERSAUD:   Read the 

19    last section.

20                 THE SECRETARY:   Section 9.  This 

21    act shall take effect immediately.  

22                 ACTING PRESIDENT PERSAUD:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT PERSAUD:   Announce 


                                                               4671

 1    the results.

 2                 THE SECRETARY:   Ayes, 63.

 3                 ACTING PRESIDENT PERSAUD:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    1792, Senate Print 9382, by Senator Parker, an 

 7    act to amend the Executive Law.

 8                 ACTING PRESIDENT PERSAUD:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 2.  This 

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

12    same manner as a chapter of the Laws of 2022.

13                 ACTING PRESIDENT PERSAUD:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT PERSAUD:   Announce 

17    the results.

18                 THE SECRETARY:   In relation to 

19    Calendar Number 1792, voting in the negative:  

20    Senator Griffo.

21                 Ayes, 62.  Nays, 1. 

22                 ACTING PRESIDENT PERSAUD:   The bill 

23    is passed.

24                 There is a substitution at the desk.

25                 The Secretary will read.


                                                               4672

 1                 THE SECRETARY:   Senator Salazar 

 2    moves to discharge, from the Committee on Rules, 

 3    Assembly Bill Number 7805D and substitute it for 

 4    the identical Senate Bill 9409A, Third Reading 

 5    Calendar 1793.

 6                 ACTING PRESIDENT PERSAUD:   The 

 7    substitution is so ordered.

 8                 The Secretary will read.

 9                 THE SECRETARY:   Calendar Number 

10    1793, Assembly Print Number 7805D, by 

11    Assemblymember Cymbrowitz, an act to amend the 

12    Public Housing Law and the Administrative Code of 

13    the City of New York.

14                 SENATOR GIANARIS:   Lay it aside for 

15    the day.

16                 ACTING PRESIDENT PERSAUD:   The bill 

17    will be laid aside for the day.

18                 THE SECRETARY:   Calendar Number 

19    1794, Senate Print 9414, by Senator Comrie, an 

20    act to amend the Public Service Law.

21                 ACTING PRESIDENT PERSAUD:   Read the 

22    last section.

23                 THE SECRETARY:   Section 2.  This 

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

25    shall have become a law.


                                                               4673

 1                 ACTING PRESIDENT PERSAUD:   Call the 

 2    roll.

 3                 (The Secretary called the roll.)

 4                 ACTING PRESIDENT PERSAUD:   Senator 

 5    Rath to explain his vote.

 6                 SENATOR RATH:   Thank you, 

 7    Madam President.  

 8                 Due to a personal conflict of 

 9    interest, I ask to be abstaining from this vote, 

10    please.

11                 ACTING PRESIDENT PERSAUD:   Without 

12    objection, so ordered.

13                 SENATOR RATH:   Thank you.

14                 ACTING PRESIDENT PERSAUD:   Announce 

15    the results.

16                 THE SECRETARY:   In relation to 

17    Calendar Number 1794, those Senators voting in 

18    the negative are Senators Borrello, Lanza, 

19    Oberacker, O'Mara, Serino, Tedisco and Weik.

20                 (Off the record.)

21                 ACTING PRESIDENT PERSAUD:   Announce 

22    the results.

23                 THE SECRETARY:   In relation to 

24    Calendar 1794, those Senators voting in the 

25    negative are Senators Akshar, Borrello, Boyle, 


                                                               4674

 1    Gallivan, Jordan, Lanza, Martucci, Mattera, 

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

 3    Tedisco and Weik.

 4                 Ayes, 46.  Nays, 16.  

 5                 Senator Rath abstains from voting.

 6                 ACTING PRESIDENT PERSAUD:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    1795, Senate Print 9425, by Senator 

10    Reichlin-Melnick, an act authorizing the 

11    Commissioner of General Services to transfer and 

12    convey certain unappropriated state land to the 

13    Sing Sing Prison Museum.

14                 ACTING PRESIDENT PERSAUD:   Read the 

15    last section.

16                 THE SECRETARY:   Section 7.  This 

17    act shall take effect immediately.

18                 ACTING PRESIDENT PERSAUD:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT PERSAUD:   Announce 

22    the results.

23                 THE SECRETARY:   Ayes, 63.

24                 ACTING PRESIDENT PERSAUD:   The bill 

25    is passed.


                                                               4675

 1                 THE SECRETARY:   Calendar Number 

 2    1796, Senate Print 9428, by Senator Savino, an 

 3    act to amend the Vehicle and Traffic Law.

 4                 ACTING PRESIDENT PERSAUD:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 3.  This 

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

 8    shall have become a law.

 9                 ACTING PRESIDENT PERSAUD:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT PERSAUD:   Senator 

13    Savino to explain her vote.

14                 SENATOR SAVINO:   Thank you, 

15    Madam President.  

16                 I rise in support of this incredibly 

17    important piece of legislation, although it 

18    doesn't sound like it.  Most people don't know 

19    what a catalytic converter is -- unless you're 

20    driving a car and you don't have one.  

21                 New York is not unique in this 

22    problem.  The theft of catalytic converters seems 

23    to be a national problem.  But New York seems to 

24    be leading the way.  Since 2021, New York has 

25    seen a 613 percent increase in catalytic 


                                                               4676

 1    converter thefts -- people coming out of their 

 2    homes, getting in their car and finding out their 

 3    car doesn't operate because it no longer has a 

 4    catalytic converter.  

 5                 And what's driving the theft of 

 6    catalytic converters of course is the price of 

 7    scrap metal.  Catalytic converters are made of 

 8    things like rhodium and what other -- precious 

 9    metals, which of course are driving these thefts.  

10                 In fact, it's even dangerous for 

11    criminals.  Six people have been killed in an 

12    attempt to steal catalytic converters when they 

13    jacked up the car and the car collapsed on top of 

14    them.  Can you imagine.

15                 So what we are doing here is 

16    cracking down on catalytic converter thefts, 

17    requiring catalytic converters to be added to the 

18    list of parts, component parts that have to be 

19    reported, and also imposing new controls on scrap 

20    metal dealers, scrap processors and others, and 

21    itinerant dealers, so that we can get at this 

22    problem.  

23                 This is a national problem, but 

24    again, sometimes in New York sometimes we lead, 

25    sometimes we follow.  We should be leading on 


                                                               4677

 1    catalytic converter thefts, we should be cracking 

 2    down on it and leading the way on stopping this 

 3    problem.  Thank you, Madam President.  

 4                 Oh, and I want to thank two other 

 5    people:  Senator Addabbo, who worked on this with 

 6    me, and of course Senator Kennedy, who helped 

 7    make it happen in the Transportation Committee.

 8                 Thank you, Madam President.

 9                 ACTING PRESIDENT PERSAUD:   Senator 

10    Savino to be recorded in the affirmative.

11                 Announce the results.

12                 THE SECRETARY:   Ayes, 63.

13                 ACTING PRESIDENT PERSAUD:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    1797, Senate Print 9438, by Senator Cleare, an 

17    act to amend the Education Law.

18                 ACTING PRESIDENT PERSAUD:   Read the 

19    last section.

20                 THE SECRETARY:   Section 2.  This 

21    act shall take effect immediately.

22                 ACTING PRESIDENT PERSAUD:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT PERSAUD:   Announce 


                                                               4678

 1    the results.

 2                 THE SECRETARY:   Ayes, 63.

 3                 ACTING PRESIDENT PERSAUD:   The bill 

 4    is passed.

 5                 There is a substitution at the desk.

 6                 The Secretary will read.

 7                 THE SECRETARY:   Senator Kaplan 

 8    moves to discharge, from the Committee on Rules, 

 9    Assembly Bill Number 9326A and substitute it for 

10    the identical Senate Bill 9439, Third Reading 

11    Calendar 1798.

12                 ACTING PRESIDENT PERSAUD:   The 

13    substitution is so ordered.

14                 The Secretary will read.

15                 THE SECRETARY:   Calendar Number 

16    1798, Assembly Print Number 9326A, by 

17    Assemblymember Sillitti, an act in relation to 

18    authorizing the County of Nassau assessor to 

19    accept an application for real property tax 

20    exemption.

21                 ACTING PRESIDENT PERSAUD:   Read the 

22    last section.

23                 THE SECRETARY:   Section 2.  This 

24    act shall take effect immediately.

25                 ACTING PRESIDENT PERSAUD:   Call the 


                                                               4679

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT PERSAUD:   Announce 

 4    the results.

 5                 THE SECRETARY:   In relation to 

 6    Calendar Number 1798, voting in the negative are 

 7    Senators Akshar and O'Mara.

 8                 Ayes, 61.  Nays, 2.

 9                 ACTING PRESIDENT PERSAUD:   The bill 

10    is passed.

11                 There is a substitution at the desk.

12                 The Secretary will read.

13                 THE SECRETARY:   Senator Kennedy 

14    moves to discharge, from the Committee on Rules, 

15    Assembly Bill Number 7919A and substitute it for 

16    the identical Senate Bill 9441, Third Reading 

17    Calendar 1799.

18                 ACTING PRESIDENT PERSAUD:   The 

19    substitution is so ordered.

20                 The Secretary will read.

21                 THE SECRETARY:   Calendar Number 

22    1799, Assembly Print Number 7919A, by 

23    Assemblymember Bronson, an act to amend the 

24    State Finance Law.

25                 SENATOR LANZA:   Lay it aside.


                                                               4680

 1                 ACTING PRESIDENT PERSAUD:   Lay it 

 2    aside.  

 3                 THE SECRETARY:   Calendar Number 

 4    1800, Senate Print 9449, by Senator Brouk, an act 

 5    to amend the Education Law.

 6                 ACTING PRESIDENT PERSAUD:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 6.  This 

 9    act shall take effect June 24, 2022.

10                 ACTING PRESIDENT PERSAUD:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT PERSAUD:   Senator 

14    Borrello to explain his vote.

15                 SENATOR BORRELLO:   Thank you, 

16    Madam President.  

17                 I think it's laudable that we want 

18    to increase the folks that can identify and 

19    evaluate those with mental illness, and that's 

20    what this bill endeavors to do.

21                 However, I think we have to step 

22    very cautiously here.  We've seen the impact, 

23    especially in the last couple of years, of the 

24    spike in mental illness.  And so it's critically 

25    important that we have people that are qualified 


                                                               4681

 1    and have met certain thresholds to ensure that 

 2    they can identify and properly diagnose those 

 3    with mental illness, especially those with 

 4    violent tendencies.  

 5                 And what this bill will do is expand 

 6    the number of people, but without having the 

 7    qualifications necessary to do that effectively.

 8                 So there are a lot of questions I 

 9    have here.  I am concerned about the unintended 

10    consequences and hope that we will not have to 

11    address this any further in the sense of what 

12    kind of people out there are going to be 

13    committing potentially violent acts, and ensuring 

14    that we have the mental health resources to 

15    properly identify and mitigate those risks.  

16                 So I'm a somewhat reluctant no 

17    today, but I think it's important that we step 

18    carefully and that we ensure that we have people 

19    that are truly qualified and educated to address 

20    those folks with mental illness needs.

21                 Thank you.

22                 ACTING PRESIDENT PERSAUD:   Senator 

23    Borrello to be recorded in the negative.

24                 Announce the results.

25                 THE SECRETARY:   In relation to 


                                                               4682

 1    Calendar 1800, those Senators voting in the 

 2    negative are Senators Borrello, Lanza, Oberacker, 

 3    O'Mara, Tedisco and Weik.

 4                 Ayes, 57.  Nays, 6.

 5                 ACTING PRESIDENT PERSAUD:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    1801, Senate Print 9452, by Senator Krueger, an 

 9    act to amend the Tax Law.

10                 ACTING PRESIDENT PERSAUD:   Read the 

11    last section.

12                 THE SECRETARY:   Section 7.  This 

13    act shall take effect immediately.

14                 ACTING PRESIDENT PERSAUD:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT PERSAUD:   Senator 

18    Borrello to explain his vote.

19                 SENATOR BORRELLO:   Thank you, 

20    Madam President.  

21                 I have been talking for the last two 

22    years about the disaster that is the legalization 

23    of recreational marijuana in New York State.  I'm 

24    grateful to Senator Krueger for putting this bill 

25    forth.  However, unfortunately I don't think it 


                                                               4683

 1    hits all the marks.  

 2                 The reason for that is you can 

 3    address those folks that are attempting to sell 

 4    illegal marijuana and try to do things like 

 5    attack their sales tax, their ability to collect 

 6    sales tax, things like that.  But the real issue 

 7    is the fact that this body decriminalized the 

 8    possession of illegal marijuana on Day One, a 

 9    full two years before the first legal sale will 

10    take place in New York State.

11                 Here we are, and we still don't have 

12    the first legal sale, yet marijuana is being sold 

13    essentially without any consequence all over 

14    New York State, from our Native territories, 

15    where they have complete sovereignty, to places 

16    in New York City where they actually have a 

17    farmer's market for pot that's set up every week, 

18    I heard, and sticker shops and everything else.  

19                 The only way, the only way you're 

20    going to address this is by reversing this idea 

21    of decriminalizing the possession of illegal 

22    marijuana.  That's the only way you're going to 

23    solve this problem.  So this will take a slight 

24    bite out of it.  But in the end, until we address 

25    the fact that New York State has the most 


                                                               4684

 1    irresponsible legalization of recreational 

 2    marijuana in the United States, we're never going 

 3    to get our arms around this problem.  

 4                 So I support this, but unfortunately 

 5    it's not going to be enough.  Thank you.

 6                 ACTING PRESIDENT PERSAUD:   Senator 

 7    Borrello to be recorded -- in the affirmative?

 8                 SENATOR BORRELLO:   Yes.

 9                 (Laughter.)

10                 ACTING PRESIDENT PERSAUD:   Okay.  

11    Just checking.

12                 Senator Borrello to be recorded in 

13    the affirmative.

14                 Announce the results.

15                 THE SECRETARY:   Ayes, 63.  

16                 ACTING PRESIDENT PERSAUD:   The bill 

17    is passed.

18                 Senator Gianaris, that completes the 

19    reading of the supplemental calendar.

20                 SENATOR GIANARIS:   Thank you, 

21    Madam President.  

22                 I have a motion here.  On behalf of 

23    Senator Breslin, I wish to call up Senate Print 

24    9367, which is now at the desk.

25                 ACTING PRESIDENT PERSAUD:   The 


                                                               4685

 1    Secretary will read.

 2                 THE SECRETARY:   Calendar Number 

 3    1724, by Senator Breslin, Senate Print 9367, an 

 4    act to amend the Insurance Law.

 5                 SENATOR GIANARIS:   Move to 

 6    reconsider the vote by which the bill was passed, 

 7    and ask that the bill be restored to the order of 

 8    third reading.

 9                 ACTING PRESIDENT PERSAUD:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 THE SECRETARY:   Ayes, 63.

13                 (Off the record.)

14                 (The Secretary called the roll.) 

15                 THE SECRETARY:   Those recorded in 

16    the negative on Calendar 1724 are 

17    Senators Helming, Oberacker and Weik.

18                 SENATOR GIANARIS:   Madam President, 

19    if I may.  I think we first need to restore the 

20    bill to its place on the Third Reading Calendar.  

21                 ACTING PRESIDENT PERSAUD:   The bill 

22    is restored to its place on the Third Reading 

23    Calendar.

24                 SENATOR GIANARIS:   I now move to 

25    discharge, from the Committee on Rules, 


                                                               4686

 1    Assembly Print 1029 and substitute it for the 

 2    identical Senate bill, 9367.

 3                 ACTING PRESIDENT PERSAUD:   So 

 4    ordered.

 5                 SENATOR GIANARIS:   And I now move 

 6    that the substituted Assembly bill have its third 

 7    reading at this time.

 8                 ACTING PRESIDENT PERSAUD:   The 

 9    Secretary will read.  

10                 THE SECRETARY:   Calendar Number 

11    1724, Assembly Print Number 1029, by 

12    Assemblymember Cahill, an act to amend the 

13    Insurance Law.  

14                 ACTING PRESIDENT PERSAUD:   Read the 

15    last section.

16                 THE SECRETARY:   Section 2.  This 

17    act shall take effect immediately.  

18                 ACTING PRESIDENT PERSAUD:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT PERSAUD:   Announce 

22    the results.

23                 THE SECRETARY:   In relation to 

24    Calendar 1724, those Senators voting in the 

25    negative are Senators Helming, Oberacker and 


                                                               4687

 1    Weik.

 2                 Ayes, 60.  Nays, 3.

 3                 ACTING PRESIDENT PERSAUD:   The bill 

 4    is passed.

 5                 Senator Gianaris.

 6                 SENATOR GIANARIS:   Thank you, 

 7    Madam President.  

 8                 Can we please now go to the reading 

 9    of the controversial calendar.

10                 ACTING PRESIDENT PERSAUD:   The 

11    Secretary will ring the bell.

12                 The Secretary will read.

13                 THE SECRETARY:   Calendar Number 

14    1631, Senate Print 1553D, by Senator Myrie, an 

15    act to amend the Criminal Procedure Law.

16                 ACTING PRESIDENT PERSAUD:   Senator 

17    Lanza, why do you rise?

18                 SENATOR LANZA:   Madam President, I 

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

20    waive the reading of that amendment and ask that 

21    you recognize Senator Stec to be heard.

22                 ACTING PRESIDENT PERSAUD:   Thank 

23    you, Senator Lanza.  

24                 Upon review of the amendment, in 

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


                                                               4688

 1    nongermane and out of order at this time.

 2                 SENATOR LANZA:   Accordingly, 

 3    Madam President, I appeal the ruling of the chair 

 4    and ask that you recognize Senator Stec.

 5                 ACTING PRESIDENT PERSAUD:   The 

 6    appeal has been made and recognized, and 

 7    Senator Stec may be heard.

 8                 Senator Stec.

 9                 SENATOR STEC:   Thank you, 

10    Madam President.  I rise to appeal the ruling of 

11    the chair.  

12                 The proposed amendment is germane to 

13    the bill at hand because this bill impacts our 

14    criminal justice system in the state and the 

15    proposed amendment fixes our broken system of the 

16    bail and discovery reforms.  It would repeal 

17    that.  

18                 The Clean Slate Bill is another 

19    pro-criminal measure undertaken by this 

20    Legislature.  While the State of New York is 

21    overrun by crime, this body has decided to double 

22    down and allow criminals who already face no cash 

23    bail or solitary confinement with another 

24    soft-on-crime law.  The Clean Slate Bill will 

25    automatically seal criminal conviction records 


                                                               4689

 1    for not only misdemeanors but also for felonies.  

 2                 This bill does not allow exceptions 

 3    for the private sector.  Landlords and employers 

 4    do not know if they're leasing or hiring 

 5    convicted criminals who have committed the most 

 6    heinous or despicable of crimes.  With cashless 

 7    bail failing our state already, allowing vicious 

 8    criminals to walk free, the Legislature wants to 

 9    provide another opportunity for criminals to 

10    break our laws and hurt New Yorkers.

11                 The District Attorneys Association 

12    has also made its concerns known, pointing out 

13    the significant limitations of who can access 

14    sealed records, the broadness of the crimes being 

15    sealed, and the burden placed on district 

16    attorneys -- already overworked and understaffed 

17    in offices -- in sealing these criminal records.

18                 Police departments and district 

19    attorneys' offices have been stretched thin trying 

20    to arrest dangerous and violent criminals, some 

21    of whom are multiple-time offenders.  Our law 

22    enforcement and district attorneys' offices face 

23    staff shortages that have been caused by the 

24    already pro-criminal legislation that has passed 

25    this Legislature, which includes the failed 


                                                               4690

 1    discovery reforms passed in 2020.  

 2                 The Clean Slate Bill would 

 3    exacerbate the crimes crisis and place more 

 4    New Yorkers in harm's way.  And for these 

 5    reasons, Madam President, I strongly urge you to 

 6    reconsider your ruling.

 7                 ACTING PRESIDENT PERSAUD:   Thank 

 8    you, Senator.

 9                 I want to remind the house that the 

10    vote is on the procedures of the house and the 

11    ruling of the chair.

12                 Those in favor of overruling the 

13    chair signify by saying aye.

14                 SENATOR LANZA:   Request a show of 

15    hands.

16                 SENATOR GIANARIS:   Madam President, 

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

18    record each member of the Minority in the 

19    affirmative.

20                 ACTING PRESIDENT PERSAUD:   Without 

21    objection, so ordered.

22                 Announce the results.

23                 THE SECRETARY:   Ayes, 20.

24                 ACTING PRESIDENT PERSAUD:   The 

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


                                                               4691

 1    is before the house.

 2                 Senator Palumbo.

 3                 SENATOR PALUMBO:   Thank you, 

 4    Madam President.  Good afternoon.  

 5                 Would the sponsor yield for a few 

 6    questions, please?

 7                 ACTING PRESIDENT PERSAUD:   Will the 

 8    sponsor yield?

 9                 SENATOR MYRIE:   Yes.

10                 ACTING PRESIDENT PERSAUD:   The 

11    sponsor yields.

12                 SENATOR PALUMBO:   Thank you, 

13    Senator Myrie.  Good to see you again.  We meet 

14    again.

15                 Would you mind just explaining to us 

16    generally what the D-print version of this does 

17    that's different than the previous three 

18    iterations that we've had before the house 

19    before?  

20                 SENATOR MYRIE:   Sure.  Through you, 

21    Madam President.  And I will note that this is a 

22    D print.  This has been an iterative process, 

23    because this is important that we hear from as 

24    many stakeholders as possible, that we 

25    incorporate that feedback.  


                                                               4692

 1                 As you know, Senator Palumbo, we 

 2    held a hearing on this bill last year where we 

 3    got this important feedback from law enforcement, 

 4    from DAs, from advocates, and then we made some 

 5    further changes.  We had further conversations 

 6    with employers, with the State Education 

 7    Department, and we made some further changes.  

 8                 So this particular print, I think 

 9    one of the most significant changes have to do 

10    with certain exemptions for the State Education 

11    Department, and also a provision that allows DCJS 

12    to promulgate regulations for any potential other 

13    entities to have access who are required or have 

14    the authorization to run criminal background 

15    checks.

16                 SENATOR PALUMBO:   Through you, 

17    Madam President, will the sponsor yield for 

18    another question?

19                 ACTING PRESIDENT PERSAUD:   Does the 

20    sponsor yield?

21                 SENATOR MYRIE:   Yes.

22                 ACTING PRESIDENT PERSAUD:   The 

23    sponsor yields.

24                 SENATOR PALUMBO:   And through you, 

25    Madam President, was the sponsor -- after hearing 


                                                               4693

 1    that information and that input from law 

 2    enforcement agencies, did the sponsor exclude any 

 3    additional crimes from the previous iterations of 

 4    the bill from mandatory sealing?

 5                 SENATOR MYRIE:   Through you, 

 6    Madam President, no.

 7                 SENATOR PALUMBO:   Would the sponsor 

 8    yield for another question.

 9                 ACTING PRESIDENT PERSAUD:   Does the 

10    sponsor yield?

11                 SENATOR MYRIE:   Yes.

12                 ACTING PRESIDENT PERSAUD:   The 

13    sponsor yields.

14                 SENATOR PALUMBO:   Upon hearing that 

15    information as well from the law enforcement 

16    agencies, Madam President, did the sponsor make 

17    any changes with respect to the immediate sealing 

18    within two years -- or I believe the bill says 

19    prompt sealing of all prior records that would 

20    fit within the parameters of this bill.  

21                 Were there any changes made to that 

22    section requiring all law enforcement agencies to 

23    do so?

24                 SENATOR MYRIE:   Through you, 

25    Madam President, no.


                                                               4694

 1                 SENATOR PALUMBO:  Will the sponsor 

 2    yield for another question.

 3                 ACTING PRESIDENT PERSAUD:   Does the 

 4    sponsor yield?

 5                 SENATOR MYRIE:   Yes.

 6                 ACTING PRESIDENT PERSAUD:   The 

 7    sponsor yields.

 8                 SENATOR PALUMBO:   And thank you, 

 9    Senator.  I appreciate that.  Because we've 

10    had -- we're going to get into, I guess, the meat 

11    of the bill a little bit.  But I have had some 

12    significant concerns that were initially provided 

13    to us from law enforcement agencies, the 

14    District Attorneys Association, and those 

15    concerns continue today.  And that -- we'll 

16    discuss that in just a little bit.  

17                 But regarding the actual sealing of 

18    any crime, is there any limit at all with respect 

19    to the amount of crimes that can be sealed?  Is 

20    it a certain number of misdemeanors, a certain 

21    number of felonies?  

22                 And the reason I say that is that we 

23    previously, in 2017, implemented an expungement 

24    statute, so to speak, and that ultimately 

25    addressed one felony and one misdemeanor, really 


                                                               4695

 1    two convictions.  It was really -- it's the 

 2    subject's choice, but they could do one felony.  

 3                 Is that accurate?  And can you let 

 4    me know if there's any limit on the -- under this 

 5    bill?  

 6                 SENATOR MYRIE:   Through you, 

 7    Madam President.  Let me first say that it's 

 8    important -- Senator Palumbo, you mentioned that 

 9    this is not expungement in our initial bill.  

10    That we did call for expungement, but after 

11    having conversations with law enforcement and DAs 

12    in some of our courts, we removed that and turned 

13    it into sealing, because expungement would 

14    require the destruction of these records.  And 

15    that was a major concession made after several 

16    conversations.

17                 There is no limit.  However, during 

18    the waiting period -- so three years if it's a 

19    misdemeanor, seven years if it's a felony.  If 

20    during that waiting period you commit an offense, 

21    the clock goes back to zero.  So there is an 

22    incentive for any individual looking to benefit 

23    from Clean Slate to remain crime-free.  

24                 It's the reason why I've maintained 

25    that this is not just a jobs bill, a housing 


                                                               4696

 1    bill, an education bill, but this is a public 

 2    safety bill.  Because if you want to take 

 3    advantage of it, you have to stay out of trouble.

 4                 SENATOR PALUMBO:   Will the sponsor 

 5    yield for another question, please.

 6                 ACTING PRESIDENT PERSAUD:   Does the 

 7    sponsor yield?

 8                 SENATOR MYRIE:   Yes.

 9                 ACTING PRESIDENT PERSAUD:   The 

10    sponsor yields.

11                 SENATOR PALUMBO:   Well, thank you, 

12    Senator Myrie.  And I appreciate that.  

13                 And if -- I'll direct your 

14    attention -- I'm sure you're well versed at this 

15    point with page 2, the section that indicates 

16    what specific -- makes an offense eligible for 

17    sealing under this Clean Slate Bill.  That as you 

18    indicated, Section 1, three or seven years 

19    depending on a misdemeanor or felony.  

20                 And with specific attention to that 

21    language, though, I do have a question on that 

22    section.  That it's the defendant's most recent 

23    misdemeanor conviction in this state, and at 

24    least seven years has passed since the imposition 

25    of sentence on the defendant's most recent felony 


                                                               4697

 1    conviction in this case.

 2                 So when it says that -- further down 

 3    that -- subsection (ii):  "The defendant does not 

 4    have a subsequent criminal charge pending in this 

 5    state."  My question to you is, if you have a 

 6    subsequent criminal charge pending in another 

 7    state -- for example, New Jersey -- would the 

 8    clock go back to zero under this bill?

 9                 SENATOR MYRIE:   Through you, 

10    Madam President.  This only addresses convictions 

11    in the State of New York.  

12                 This is actually a concern that was 

13    brought to us by law enforcement -- specifically, 

14    the NYPD, who testified at our hearing -- who 

15    noted that the requirements to put on law 

16    enforcement to watch what is happening in other 

17    states and to have to act on what are actions in 

18    other states is too onerous and too burdensome.  

19                 We agreed with that.  And so we made 

20    it such that it is only for charges pending in 

21    this state.

22                 SENATOR PALUMBO:   Would the sponsor 

23    yield for another question, please.  

24                 ACTING PRESIDENT PERSAUD:   Does the 

25    sponsor yield?


                                                               4698

 1                 SENATOR MYRIE:   Yes.

 2                 ACTING PRESIDENT PERSAUD:   The 

 3    sponsor yields.

 4                 SENATOR PALUMBO:   So just so I'm 

 5    clear, in the event that I have been convicted 

 6    and released on a violent felony, such as 

 7    robbery, which is eligible under this bill, in 

 8    New York, and I'm committing robberies across the 

 9    way in Hoboken, upon seven years expiration the 

10    New York robbery charge is automatically sealed 

11    under this bill.  Is that not accurate?  

12                 SENATOR MYRIE:   Through you, 

13    Madam President, that's correct.  Although it's 

14    unclear to me whether you're advocating for us to 

15    sort of long-arm-statute control what's happening 

16    outside of the State of New York.

17                 SENATOR PALUMBO:   Well, would the 

18    sponsor yield for another question.

19                 ACTING PRESIDENT PERSAUD:   Does the 

20    sponsor yield?

21                 SENATOR MYRIE:   Yes.

22                 ACTING PRESIDENT PERSAUD:   The 

23    sponsor yields.

24                 SENATOR PALUMBO:   Thank you, 

25    Senator.  And what I'm trying to reconcile is 


                                                               4699

 1    this -- because we have many laws, particularly 

 2    sex offenses, driving while intoxicated offenses.  

 3    And when you're considering enhanced sentencing 

 4    guidelines, prior felony offenses or persistent 

 5    felony offenses, persistent priors -- that if a 

 6    crime is committed in another state that would 

 7    otherwise be a crime in New York State, that does 

 8    enhance the penalty.  

 9                 And to give an easy example, if 

10    you're drunk driving and convicted of DWI in 

11    another state and then within 10 years -- and 

12    that's a misdemeanor level or higher -- and then 

13    you are drunk driving in New York State, you will 

14    then be charged, by way of a special information, 

15    with a felony driving while intoxicated in 

16    New York.  

17                 So it is, if you -- we can 

18    characterize it as long-arm jurisdiction or 

19    whatever we'd like, but ultimately that 

20    out-of-state conviction does have an enhanced and 

21    aggravated enhancement in the State of New York 

22    under our current law.  In addition to, of 

23    course, sex offenses and so forth.

24                 So my question is that if you have a 

25    crime pending in another state, does that have 


                                                               4700

 1    any effect on the clock being set back to zero, I 

 2    believe is how you referred to it, involving the 

 3    seven-year automatically sealing statute?  

 4                 SENATOR MYRIE:   Through you, 

 5    Madam President, it does not.

 6                 (Pause.)

 7                 ACTING PRESIDENT PERSAUD:   Senator 

 8    Palumbo?

 9                 SENATOR PALUMBO:   I'm sorry, I 

10    didn't hear -- I thought -- I didn't hear an 

11    answer.  I apologize, I thought you were 

12    thinking.  

13                 (Laughter.)

14                 SENATOR MYRIE:   That answer was 

15    very short, that's why you missed it.  But I said 

16    it did not.

17                 SENATOR PALUMBO:   I'm sorry, I 

18    apologize.  

19                 (Laughter.)

20                 SENATOR PALUMBO:   I thought that 

21    was -- everyone was just kind of hanging out 

22    there.  I apologize.

23                 SENATOR MYRIE:   -- enjoying the 

24    ambience, yeah.  

25                 (Laughter.)


                                                               4701

 1                 SENATOR PALUMBO:   I was just 

 2    patiently waiting for an answer, I didn't hear 

 3    it.  Thank you.

 4                 Well, would the sponsor yield for 

 5    another question?  

 6                 ACTING PRESIDENT PERSAUD:   Will the 

 7    sponsor yield?

 8                 SENATOR MYRIE:   Absolutely.  

 9                 ACTING PRESIDENT PERSAUD:   The 

10    sponsor yields.

11                 SENATOR PALUMBO:   And I promise I'm 

12    going to listen to your answer this time, 

13    Senator.  I was listening, it just -- you know, 

14    it came out quietly.

15                 Now, with respect to the calculation 

16    of those seven years, I move over to page 4.  I'm 

17    sure you're familiar with it.  I'm just going to 

18    read it for our colleagues.  

19                 In calculating the time period -- 

20    this is line 8, Section (e)(2).  "In calculating 

21    the time periods under this section, any period 

22    of time during which the defendant was 

23    incarcerated on a determinate or indeterminate 

24    sentence for a period of at least one year shall 

25    be excluded and such time period shall be 


                                                               4702

 1    extended by a period equal to the time served 

 2    under such incarceration."  Regarding that 

 3    section, Senator.  

 4                 So if someone gets a year, local, 

 5    they would serve eight months, they still get the 

 6    benefit of that one year time.  So even though 

 7    they're in jail, they're still actually getting 

 8    the benefit of the time clock ticking along in 

 9    order to seal that conviction.  Is that accurate?  

10                 SENATOR MYRIE:   Through you, 

11    Madam President, I'm not sure I entirely agree 

12    with my colleague's reading of that.  But I will 

13    speak to what undergirds that provision.  

14                 There were administrative concerns 

15    that were brought to us by way of hearings and 

16    conversations with DCJS, the Governor's office, 

17    about the ability to track individuals who are 

18    incarcerated in our local jails.  That system 

19    unfortunately is not as robust as we would like 

20    it to be.  And so DCJS and OCA had expressed to 

21    us that just having the facilities under DCJS 

22    jurisdiction would be most helpful for them to 

23    execute the law.  And that's why we put this 

24    provision in.

25                 SENATOR PALUMBO:   Do you yield for 


                                                               4703

 1    another question, please, Senator?  

 2                 ACTING PRESIDENT PERSAUD:   Does the 

 3    sponsor yield?

 4                 SENATOR MYRIE:   Sure.

 5                 ACTING PRESIDENT PERSAUD:   The 

 6    sponsor yields.

 7                 SENATOR PALUMBO:   Through you, 

 8    Madam President.  So the answer is that the clock 

 9    still ticks to their benefit on a local sentence, 

10    correct?

11                 SENATOR MYRIE:   A sentence of less 

12    than one year, that's right.

13                 SENATOR PALUMBO:   Thank you.  

14                 Would you yield for another 

15    question, please?

16                 ACTING PRESIDENT PERSAUD:   Will the 

17    sponsor yield?

18                 SENATOR MYRIE:   Yes.

19                 ACTING PRESIDENT PERSAUD:   The 

20    sponsor yields.

21                 SENATOR PALUMBO:   Now, you 

22    indicated earlier that a lot of the changes were 

23    to add additional agencies, through some 

24    collaboration, that have access to these -- to 

25    these records in the event they are sealed.


                                                               4704

 1                 But in the event there is a mistake 

 2    in sealing -- say an agency improperly seals 

 3    something and wants to unseal it -- is there any 

 4    sort of method or judicial review or any process 

 5    that they can undertake in order to reopen the 

 6    improperly sealed files?

 7                 SENATOR MYRIE:   Through you, 

 8    Madam President, there isn't in this bill.  But 

 9    my sense is that DCJS would be able to promulgate 

10    a correction method.  We include in this bill on 

11    the last page requirements for DCJS, for 

12    instance, to promulgate the form in which this -- 

13    in which the automatic sealing would take place.  

14    And so I think that is in that universe, where 

15    DCJS would be well positioned to come up with 

16    some process to rectify any missealed records.

17                 SENATOR PALUMBO:   Would the sponsor 

18    yield for another question.

19                 ACTING PRESIDENT PERSAUD:   Does the 

20    sponsor yield?

21                 SENATOR MYRIE:   Yes.

22                 ACTING PRESIDENT PERSAUD:   The 

23    sponsor yields.

24                 SENATOR PALUMBO:   Thank you, 

25    Senator Myrie.  Is there any money appropriated 


                                                               4705

 1    to assist the law enforcement agencies with that 

 2    aspect of it?  Because obviously they're still 

 3    reeling from the discovery reforms and dealing 

 4    with that.  Is there any money appropriated with 

 5    this bill as well?

 6                 SENATOR MYRIE:   Not in this bill.  

 7    But the past budget that we passed included a 

 8    material amount of money for DA offices and other 

 9    law enforcement officials that I believe was 

10    responsive to this very issue that you're 

11    bringing up.

12                 SENATOR PALUMBO:   Will the sponsor 

13    yield for another question, please.  

14                 ACTING PRESIDENT PERSAUD:   Does the 

15    sponsor yield?

16                 SENATOR MYRIE:   Yes.

17                 ACTING PRESIDENT PERSAUD:   The 

18    sponsor yields.

19                 SENATOR PALUMBO:   So in that 

20    regard, Senator, with regard to the ultimate 

21    sealing and addressing those files, that under 

22    the terms of this bill law enforcement agencies 

23    would have to obtain all physical documents as 

24    well, the way I understand it.

25                 So in the event they hired an 


                                                               4706

 1    expert, for example, maybe a third-party expert 

 2    regarding a reconstruction case -- a lot of times 

 3    civil engineers and reconstruction experts have 

 4    been hired, and they're around the country -- 

 5    pursuant to this bill, those district attorneys' 

 6    offices and law enforcement agencies would have 

 7    to obtain every one of those documents pursuant 

 8    to the sealing of a record, prior ones included, 

 9    within two years.  Correct?  

10                 SENATOR MYRIE:   Through you, 

11    Madam President, that's correct.  

12                 Although I don't -- I'm not sure I'd 

13    characterize it as going to search for these 

14    things.  I think the assumption is that they 

15    would already have these on file.

16                 SENATOR PALUMBO:   Will the sponsor 

17    yield for another question, please?  

18                 ACTING PRESIDENT PERSAUD:   Will the 

19    sponsor yield? 

20                 SENATOR MYRIE:   Yes.

21                 ACTING PRESIDENT PERSAUD:   The 

22    sponsor yields.

23                 SENATOR PALUMBO:   Thank you, 

24    Senator.  I'd like to move along to businesses 

25    and agencies that are allowed access.  


                                                               4707

 1                 With respect to a business, unless 

 2    they're within this exclusive list defined within 

 3    the bill, they are not allowed access to those 

 4    records; correct?  

 5                 SENATOR MYRIE:   That's right.  

 6    Through you, Madam President, that's correct.

 7                 SENATOR PALUMBO:   Would the sponsor 

 8    yield for another question, please.

 9                 ACTING PRESIDENT PERSAUD:   Will the 

10    sponsor yield?

11                 SENATOR MYRIE:   Yes.

12                 ACTING PRESIDENT PERSAUD:   The 

13    sponsor yields.

14                 SENATOR PALUMBO:   In the event a 

15    small business owner -- possibly through, say, an 

16    internet search -- is able to obtain indication 

17    of a particular crime that was committed and it's 

18    a sealed record, can that employer not hire that 

19    prospective employee as a result of their 

20    knowledge of a prior sealed conviction, under 

21    this bill?  

22                 SENATOR MYRIE:   Through you, 

23    Madam President.  As my colleague is aware, we 

24    have other sealing statutes that are not this 

25    bill now, what's already existing in our 


                                                               4708

 1    statutory regime.  And we treat those sealed 

 2    records in a certain way as it relates to 

 3    employment.  And there's case law on whether the 

 4    decision of that particular business owner runs 

 5    afoul of the statutes.  

 6                 I don't think it would be different 

 7    in this case, although I do believe that it will 

 8    be fact-dependent, depending on the particular 

 9    scenario.  We have made some changes to the Human 

10    Rights Law here in order to prevent this type of 

11    thing from happening.  

12                 And our hope is that much like the 

13    Fortune 500 companies that support this bill -- 

14    JPMorgan, Verizon, Microsoft, the many, many 

15    chambers of commerce -- that this is good for 

16    business.  It is important that people have the 

17    opportunity, once they have paid their dues to 

18    society, to engage and to work -- and I don't 

19    think that we would have this support for this 

20    type of bill if this were not a good jobs bill 

21    and good for business owners throughout the 

22    state.

23                 SENATOR PALUMBO:   Will the sponsor 

24    yield for another question, please?  

25                 ACTING PRESIDENT PERSAUD:   Does the 


                                                               4709

 1    sponsor yield?

 2                 SENATOR MYRIE:   Yes.

 3                 ACTING PRESIDENT PERSAUD:   The 

 4    sponsor yields.

 5                 SENATOR PALUMBO:   Thank you.  

 6                 Through you, Madam President.  

 7    Senator Myrie, is there any prohibition on 

 8    JPMorgan or these other businesses that support 

 9    this bill -- is there any prohibition today on 

10    them hiring someone with a felony conviction?  I 

11    don't get it.

12                 SENATOR MYRIE:   Through you, 

13    Madam President.  I think there are certain 

14    federal financial regulations that they still 

15    have to abide by.  We actually include that in a 

16    section in this bill to say that where there is 

17    conflict and you have an obligation by way of 

18    federal law to access, that this bill cannot stop 

19    you from doing that.

20                 And so this -- it wouldn't upset the 

21    current structure for some of these institutions, 

22    but I'd note that it's, you know, not just 

23    JPMorgan but many -- many other businesses.  

24                 SENATOR PALUMBO:   Will the sponsor 

25    yield for another question.


                                                               4710

 1                 ACTING PRESIDENT PERSAUD:   Does the 

 2    sponsor yield?

 3                 SENATOR MYRIE:   Yes.

 4                 ACTING PRESIDENT PERSAUD:   The 

 5    sponsor yields.

 6                 SENATOR PALUMBO:   Well, thank you, 

 7    Senator.

 8                 So in that regard, if someone needs, 

 9    say, to get a Series 7, they can't have a felony 

10    conviction.  The simple sealing of that 

11    conviction does not change -- according to this 

12    bill, will not change their status as a prior 

13    felon to the extent that they will be ineligible 

14    to obtain that Series 7; correct?  

15                 SENATOR MYRIE:   Through you, 

16    Madam President, for purposes of access to the 

17    record, that's correct.

18                 SENATOR PALUMBO:   Will you yield 

19    for another question?  

20                 SENATOR MYRIE:   Yes.

21                 ACTING PRESIDENT PERSAUD:   The 

22    sponsor yields.

23                 SENATOR PALUMBO:   Thank you, 

24    Senator.  So I'm sorry, I didn't -- I wasn't 

25    clear on that.


                                                               4711

 1                 So it's by way of access.  Meaning 

 2    that the financial agency still could not access 

 3    the record?  I was confused with that answer.  

 4                 SENATOR MYRIE:   No, I actually 

 5    meant the opposite, that they could access the 

 6    record.  

 7                 SENATOR PALUMBO:   Gotcha.  And as 

 8    far as eligibility -- would you yield for another 

 9    question?  

10                 ACTING PRESIDENT PERSAUD:   Does the 

11    sponsor yield? 

12                 SENATOR MYRIE:   Yes.

13                 ACTING PRESIDENT PERSAUD:   The 

14    sponsor yields.

15                 SENATOR PALUMBO:   Thank you, 

16    Senator.  

17                 And so the bottom line in my 

18    question is it will not affect their eligibility.  

19    If they're ineligible to obtain a particular 

20    license, for example, due to that felony 

21    conviction, the simple sealing of it does not at 

22    all alter the propriety of that conviction, 

23    making them eligible.  

24                 So -- and that was really in 

25    conjunction about the fact that they can still 


                                                               4712

 1    hire the -- they're still hiring the same person 

 2    regardless of whether or not their conviction's 

 3    sealed, correct?

 4                 SENATOR MYRIE:   Through you, 

 5    Madam President, I think that's right.  I think 

 6    that's right.

 7                 SENATOR PALUMBO:   Thank you.  

 8                 Would you yield for another 

 9    question, please?  

10                 ACTING PRESIDENT PERSAUD:   Does the 

11    sponsor yield?

12                 SENATOR MYRIE:   Yes.

13                 ACTING PRESIDENT PERSAUD:   The 

14    sponsor yields.

15                 SENATOR PALUMBO:   So if I'm a small 

16    business owner, for example -- and I'm using a 

17    bookkeeper example, where someone's not 

18    particularly licensed and they're just a 

19    bookkeeper -- under this legislation I will not 

20    be able to access -- because we're not one of 

21    those qualified agencies, I would not be able to 

22    investigate or get access to records in the event 

23    that person has a prior grand larceny conviction 

24    that was sealed, for example.  Correct?  

25                 SENATOR MYRIE:   Through you, 


                                                               4713

 1    Madam President, that's correct.  

 2                 And it's important that we pause 

 3    here, I think, because I believe this is where 

 4    our philosophies on redemption are going to be 

 5    divergent.  The notion that what someone has done 

 6    in the past, as you know, even in court cannot 

 7    always be used as something probative of what 

 8    they're going to do in the future.  

 9                 And so one of the linchpins of this 

10    bill is that the mistakes made in the past are 

11    not the ones that will dictate your entire 

12    future.  

13                 But furthermore, because of the time 

14    separation from the offense, the conviction, the 

15    incarceration, if applicable, and the leaving of 

16    state supervision post-release, there is enough 

17    space where that person has had to prove 

18    themselves, to show that they are ready to be 

19    back in action in our communities, and that is 

20    going to apply in several instances that I, you 

21    know, suspect you might be bringing up, where it 

22    seems like that mistake should cabin that person 

23    to the -- to be an outcast in society 

24    permanently, when that's not what we do.

25                 We have a particular system in which 


                                                               4714

 1    someone commits an offense, it is adjudicated, 

 2    they are convicted, and then they are sentenced.  

 3    And that sentence is not in perpetuity -- well, 

 4    some are.  But that sentence is what we have 

 5    deemed -- we, the Legislature -- to deem the time 

 6    that that person has to pay for that offense, 

 7    where they have to be away from society for that 

 8    offense.

 9                 Once that is finished, we shouldn't 

10    continue to punish that individual.  And if we 

11    really do believe that they should be punished, 

12    then we should have a conversation about 

13    sentencing.  Which I would welcome and would love 

14    to have that conversation.  But we don't do that.  

15    We haven't done that.  So I don't think we should 

16    in effect allow for punishment in perpetuity.

17                 SENATOR PALUMBO:   Would the sponsor 

18    yield for another question, please.

19                 ACTING PRESIDENT PERSAUD:   Does the 

20    sponsor yield? 

21                 SENATOR MYRIE:   Yes.

22                 ACTING PRESIDENT PERSAUD:   The 

23    sponsor yields.

24                 SENATOR PALUMBO:   And thank you.  

25    Senator Myrie, you know -- and I can -- I'll make 


                                                               4715

 1    a quick comment, and then I'll just rephrase that 

 2    or ask it a little bit different way.  

 3                 That I think we're on the same page 

 4    when it comes to rehabilitation.  People pay a 

 5    debt to society, and they get on with their 

 6    lives.  The difference I think where the rubber 

 7    meets the road is we already have a system where 

 8    you get two bites at the apple.  I'm talking 

 9    unlimited bites of the apple.  

10                 And that's really where my question 

11    lies, is the fact that this is an unlimited bill.  

12    You have people who have been arrested, as we've 

13    seen recently -- it's been highlighted even more 

14    in recent news accounts -- we have people who 

15    have been arrested over a hundred times, for 

16    maybe misdemeanor larcenies and then a robbery 

17    and one or two there.  They're all going to be 

18    clean, clean slate -- I mean, I'm assuming that's 

19    the reason why you use that language.  Those will 

20    be wiped clean completely.  

21                 So those that continue to offend and 

22    reoffend, those are the ones that concern me.  So 

23    in that example, if I'm, say, a veterinarian and 

24    animal cruelty -- all of them will be sealed.  

25    The highest level, I believe, if I recall -- it's 


                                                               4716

 1    been a while since I've worn that white hat -- 

 2    but is an E felony, an E nonviolent, under the 

 3    Ag & Markets Law, for killing an animal and 

 4    torturing and doing whatever, overdriving, 

 5    whatever you want to do, however you want to 

 6    characterize it.  All of those are sealable.  

 7                 So if I'm, say, a dog walker and I'm 

 8    looking to hire someone and they have multiple 

 9    animal cruelty convictions -- and if they're 

10    mostly misdemeanors or they're all misdemeanors, 

11    I'll have no access to that.  

12                 So my question is, based upon the 

13    bookkeeper example and that example, in these 

14    situations is there any vehicle by way a 

15    nonspecifically enumerated business in this bill 

16    can have access because it's the nature of their 

17    business and it would make sense for them to at 

18    least have that type of a background check for 

19    the interests of, in that example, the animals or 

20    for safety of others and so forth?

21                 SENATOR MYRIE:   Through you, 

22    Mr. President -- Madam President.  I don't know 

23    why I keep saying "Mr." 

24                 So a couple of things.  So, one, the 

25    qualified entities, agencies in this bill, they 


                                                               4717

 1    all share one common thing, and that is they are 

 2    either authorized or required to fingerprint.  

 3    And that is a determination that has been made, 

 4    again by this body, that certain professions, 

 5    certain jobs require that -- or at least should 

 6    have the option to look at someone's criminal 

 7    history.  

 8                 That is not the case for many, many, 

 9    many, many businesses.  And if they feel or if 

10    the industry which that business is in feels that 

11    they should be doing this, then they should make 

12    their case.  And then we have to have that 

13    conversation about either authorizing or 

14    requiring that level of fingerprinting.  

15                 And I know I keep coming back to 

16    this, but it bears repeating that you mentioned, 

17    in the dog walker hypothetical regarding the 

18    felonies and the animal cruelty, you know, it 

19    requires a seven-year period in the felony 

20    context of no offenses whatsoever.  

21                 The notion that repeat offenders are 

22    going to be going wild with this is just patently 

23    adverse to what the bill says, because any single 

24    offense starts the clock over again.

25                 SENATOR PALUMBO:   Will the sponsor 


                                                               4718

 1    yield for another question?

 2                 ACTING PRESIDENT PERSAUD:   Does the 

 3    sponsor yield?

 4                 SENATOR MYRIE:   Yes.

 5                 ACTING PRESIDENT PERSAUD:   The 

 6    sponsor yields.

 7                 SENATOR PALUMBO:   But, Senator, 

 8    those are only offenses in New York.  So if I'm 

 9    hiring -- if I'm a dog-walking company in, say, 

10    New Jersey -- you get my point, right?  And I see 

11    you nodding your head, that that clearly -- that 

12    is only for New York crimes.  

13                 So in the event you have a number of 

14    animal cruelty cases in another state, you still 

15    wouldn't even -- you would not have access to 

16    those in New York.

17                 SENATOR MYRIE:   Through you, 

18    Madam President, we -- we would not.  

19                 And, you know, I am a very proud 

20    member of the New York State Legislature, and I 

21    think we are in the business of regulating 

22    New York activity, behavior and actions.  

23                 I encourage, if we feel that there 

24    should be more federal action on this -- many of 

25    our colleagues have left this great chamber to go 


                                                               4719

 1    down to D.C.  But as it stands now, we have 

 2    jurisdiction over what happens in the State of 

 3    New York.

 4                 SENATOR PALUMBO:   Will the sponsor 

 5    yield for another question, please.  

 6                 ACTING PRESIDENT PERSAUD:   Does the 

 7    sponsor yield?

 8                 SENATOR MYRIE:   Yes.

 9                 ACTING PRESIDENT PERSAUD:   The 

10    sponsor yields.

11                 SENATOR PALUMBO:   Is there any 

12    mechanism, Senator, to add additional crimes?  

13    For example, hate crimes are not included in this 

14    bill.  So I can commit multiple hate crimes and 

15    they will be automatically sealed pursuant to the 

16    three-and-seven-year rule here.

17                 Is there any way that we could 

18    ultimately -- other than with new legislation or 

19    amendments, is there any way that someone could 

20    make an application to not seal, maybe to a 

21    court?  As I indicated earlier, I was looking for 

22    a way in which they could unseal an improperly 

23    sealed record.  Is there any way that maybe a law 

24    enforcement agency could make an application to a 

25    judge and say, Judge, this should not be sealed 


                                                               4720

 1    for these particular purposes?  

 2                 SENATOR MYRIE:   Through you, 

 3    Madam President, this is not contemplated in this 

 4    bill, but my colleague is more than welcome to 

 5    introduce a bill where we could have that 

 6    discussion.

 7                 SENATOR PALUMBO:   Will the sponsor 

 8    yield for another question, please?

 9                 ACTING PRESIDENT PERSAUD:   Does the 

10    sponsor yield? 

11                 SENATOR MYRIE:   Yes.

12                 ACTING PRESIDENT PERSAUD:   The 

13    sponsor yields.

14                 SENATOR PALUMBO:   Thank you.  Just 

15    one more area to address, Senator, if that's 

16    okay.

17                 Regarding on page 5, a private or a 

18    civil action may ultimately be maintained under 

19    this bill if their rights are violated pursuant 

20    to the sealing statute.  Is that correct?  

21                 SENATOR MYRIE:   Through you, 

22    Madam President, that's right.

23                 SENATOR PALUMBO:   Would you yield 

24    for another question, please.

25                 ACTING PRESIDENT PERSAUD:   Does the 


                                                               4721

 1    sponsor yield?

 2                 SENATOR MYRIE:   Yes.

 3                 ACTING PRESIDENT PERSAUD:   The 

 4    sponsor yields.

 5                 SENATOR PALUMBO:   So -- and I 

 6    believe it's any defendant claiming to be 

 7    aggrieved in violation of this section for 

 8    damages, including punitive damages.  

 9                 So, Senator, is there a -- who would 

10    the target of that particular lawsuit be?  If 

11    they wanted to sue someone, would they sue the 

12    governmental body, like the DA's office, a police 

13    department or whatever other agency was required 

14    to seal those particular items?

15                 SENATOR MYRIE:   Through you, 

16    Madam President, I think in the way that you 

17    posed the hypothetical about the incorrect 

18    sealing or perhaps a mistake that was done in 

19    sealing, I believe that applies here as well, in 

20    a slightly different context, in that you could 

21    have a rogue law enforcement official who chooses 

22    to leak an individual's records to the press.  

23    You may have a situation with an employer.  You 

24    may have a situation where some official at the 

25    court, whether inadvertently or with intent, 


                                                               4722

 1    reveals these records.  

 2                 So we wanted to provide recourse in 

 3    order to encourage people really abiding by the 

 4    sealing and not playing fast and loose with 

 5    people's conviction records.

 6                 SENATOR PALUMBO:   Will the sponsor 

 7    yield for another question, please?

 8                 ACTING PRESIDENT PERSAUD:   Does the 

 9    sponsor yield?

10                 SENATOR MYRIE:   Yes.

11                 ACTING PRESIDENT PERSAUD:   The 

12    sponsor yields.  

13                 SENATOR PALUMBO:   So, Senator, you 

14    indicated that would be a leak, which would sound 

15    intentional.  What about the negligent 

16    disclosure?  Or, you know, really almost in a 

17    strict liability sense, that they failed to just 

18    catch a document that ultimately made it to the 

19    newspaper, for example.  Would that also be 

20    actionable under this bill?

21                 SENATOR MYRIE:   Through you, 

22    Madam President, I think that this would be, 

23    again, a fact-dependent situation where the court 

24    would have to make a determination about intent 

25    and sort of what led to the revealing of the 


                                                               4723

 1    record.  

 2                 SENATOR PALUMBO:   Just one 

 3    follow-up question.  Would you yield for one 

 4    more, please?  

 5                 ACTING PRESIDENT PERSAUD:   Will the 

 6    sponsor yield?

 7                 SENATOR MYRIE:   Yes.

 8                 ACTING PRESIDENT PERSAUD:   The 

 9    sponsor yields.

10                 SENATOR PALUMBO:   So when I see 

11    the -- on page 7, the unlawful discriminatory 

12    practice, that it would be -- it would be just 

13    ultimately be added that if they -- unless 

14    specifically required or permitted by statute for 

15    any person, agency, bureau, corporation or 

16    association, including the state and any 

17    political subdivision, to make any inquiry about, 

18    whether in any form of application or otherwise, 

19    or act upon adversely to the individual any 

20    arrests or critical accusation -- and then we 

21    move down further, of essentially sealed records 

22    pursuant to this section.  

23                 So it seems as though that would be 

24    almost a catch-all strict liability situation 

25    where, in the event they -- someone obtained that 


                                                               4724

 1    document, they were otherwise required to seal 

 2    it.  

 3                 So can you, just for the purposes of 

 4    legislative intent, indicate whether that is what 

 5    the intention was?  Or it was some sort of 

 6    another duty that was breached, for example, like 

 7    a negligent claim.

 8                 SENATOR MYRIE:   Through you, 

 9    Madam President, just for clarity, there are two 

10    separate causes of action.  One is for the 

11    alleged discriminatory practice; the other is for 

12    the revealing of this.  

13                 I just want to clarify which you're 

14    addressing, if either, or both.

15                 SENATOR PALUMBO:   Both, please, if 

16    you would yield for that question.

17                 SENATOR MYRIE:   Okay.  Through you, 

18    Madam President.  So on the unlawful 

19    discriminatory practices, it is our intent to hew 

20    to what the courts already institute as it 

21    relates to unlawful discriminatory practices in 

22    other areas of the law.  

23                 And so, again, fact-dependent.  I 

24    don't think that this reads nor is it intended to 

25    be strict liability.  


                                                               4725

 1                 On the disclosure, I think it's not 

 2    as much case law, but we're hoping that the 

 3    courts, again, would look to the facts of each 

 4    particular case and then make the determination.

 5                 SENATOR PALUMBO:   Would you yield 

 6    for another question, please, Senator.

 7                 ACTING PRESIDENT PERSAUD:   Does the 

 8    sponsor yield?

 9                 SENATOR MYRIE:   Yes.

10                 ACTING PRESIDENT PERSAUD:   The 

11    sponsor yields.  

12                 SENATOR PALUMBO:   Thank you.  

13    Through you, Madam President, thank you.

14                 So in that regard, regarding the 

15    disclosure, just general civil liability, would 

16    you have to prove damages?  Are there any 

17    presumed damages?  Hopefully you would have to 

18    prove an actual injury, is what I'm assuming 

19    pursuant to the language in here, for just 

20    failing to seal a document inadvertently.

21                 SENATOR MYRIE:   Through you, 

22    Madam President.  So we read this as having to 

23    prove the damages, particularly in the punitive 

24    damages context.  

25                 SENATOR PALUMBO:   Thank you, 


                                                               4726

 1    Senator.  I appreciate your comments.

 2                 On the bill, Madam President, 

 3    please.

 4                 ACTING PRESIDENT PERSAUD:   Thank 

 5    you.  Senator Palumbo on the bill.

 6                 SENATOR PALUMBO:   Thank you again.  

 7                 And thank you to Senator Myrie for 

 8    answering my questions.  We're still amending and 

 9    reamending this bill now that we're in a D print.  

10                 And in a time like today, as we sit 

11    here with crime going up year to year, we see all 

12    of these criminal acts are up again in 2022 from 

13    2021, which was up from '20, which was up from 

14    2019.  We actually have a mechanism in order to 

15    provide people with a clean slate, with a new 

16    bite of the apple.  In fact, this was bipartisan 

17    legislation from 2017, when our party was in the 

18    majority and thinking that people should not have 

19    to suffer for making a mistake in life.

20                 This now provides for someone to 

21    have virtually no penalty for making a mistake, 

22    another mistake, another mistake, and another 

23    mistake until the end of time.  That's the 

24    problem.  

25                 And that again, as I indicated 


                                                               4727

 1    during the debate, that's where the rubber meets 

 2    the road.  Because let's talk about the cases and 

 3    the crimes that will automatically -- not by 

 4    application -- and by the way, I did see that 

 5    there was some certain concern that many people 

 6    haven't taken advantage of the 1 -- what is it, 

 7    160.59 is the current law, where you can have -- 

 8    after 10 years you can seal two convictions of 

 9    crimes, one a felony, because it was an onerous 

10    process.

11                 Well, why not make an application 

12    process?  When you take a plea, being a 

13    practicing lawyer for all these years on both 

14    sides of the aisle, everybody gets handed their 

15    notice of appeal.  You're standing next to your 

16    lawyer, who just advised verbally on the record 

17    of your right to appeal, and you're handed a 

18    document.  Why not provide that to defendants and 

19    say, Look, if you behave, here's an incentive.  

20    It goes away, and it's expunged.  

21                 But here, we are just providing 

22    unfettered access to people who continue to 

23    commit crimes -- as I indicated, hate crimes, 

24    violent felonies, manslaughter, burglary, some 

25    kidnappings, vehicular homicides, gang assaults, 


                                                               4728

 1    assault of a police officer, terrorism crimes, 

 2    all of them, unless they have lifetime parole, 

 3    which is A felonies only.  So attempted murders, 

 4    you do four of those in three weeks, in seven 

 5    years, once you get out, they're all gone under 

 6    this bill.  

 7                 And look, it's a laudable intent.  

 8    I've had many conversations with the sponsor 

 9    about this, and I do believe that his heart is in 

10    the right place generally speaking, but not here.  

11    Not with this bill.  

12                 This bill is not a public safety 

13    bill.  This makes our lives more dangerous.  

14    Because you know why?  Why are we hiding that 

15    fact that someone has the opportunity to expunge 

16    a couple of mistakes?  They stub their toe in 

17    life.  We get it.  That's available right now as 

18    we stand.  But under this bill, you get it again 

19    and again and again.  

20                 And it's almost as if we're trying 

21    to trick business owners, because governmental 

22    agencies have access -- and I understand that.  

23    Maybe they should, and they absolutely have to 

24    with respect to specific crimes, but not if it's 

25    out of state.  So will an out-of-state law 


                                                               4729

 1    enforcement agency have the opportunity?  If 

 2    they're not specifically listed here, they may 

 3    not.  

 4                 So if you have a DWI, a felony DWI 

 5    in New York and eight years later -- where in 

 6    New York that's still an aggravating factor and 

 7    you'd be charged with a higher crime -- you can't 

 8    get access to it in New York.

 9                 So these are the concerns that I 

10    have, as well as many other agencies that were 

11    certainly consulted, but their information and 

12    proposals were not accepted as far as any changes 

13    are concerned.  Because you look at -- the 

14    District Attorneys Association has essentially 

15    all of the same problems that they had with this 

16    bill when it originally came out.  

17                 And on the business side, last 

18    comment.  If I have a Chuck E. Cheese and someone 

19    who's been convicted of -- and those of us that 

20    are practitioners in the criminal world, the 

21    endangering the welfare of a child is a plea that 

22    you work out a lot.  Crimes against children.  

23    Assaults against children.  But endangering the 

24    welfare of a child on many occasions is a 

25    reduction from a sex offense.  It's not 


                                                               4730

 1    registerable, so it's automatically sealed.

 2                 If I have a Chuck E. Cheese and I'm 

 3    interviewing a prospective employee, I have no 

 4    access to those records.  If I am an animal 

 5    shelter, a theme park, dog walkers, as I 

 6    mentioned -- these are everyday jobs with 

 7    everyday people.  And we understand that people 

 8    need to be allowed a second bite of the apple in 

 9    life.  It's not for lack of compassion.  Because 

10    this is not compassionate, because we are 

11    forgetting about victims with this bill.  Because 

12    more victims result from people who can't help 

13    themselves, who commit crimes and then commit 

14    more crimes and then commit more crimes.  

15                 You get two freebies under our 

16    current law.  In my opinion, that's enough.  And 

17    in extenuating circumstances you want to do 

18    something that's fair, somebody did something 

19    when they were addicted to drugs when they were 

20    younger or they were just in a bad way, and then 

21    they do something else later in life, allow a 

22    subsequent application and review on a case by 

23    case basis.  Instead of painting everything with 

24    the same brush and allowing everyone this free 

25    pass.  


                                                               4731

 1                 Because quite frankly, 

 2    Madam President, this will actually do the exact 

 3    opposite, unfortunately.  And for those reasons, 

 4    I'll be in the negative.

 5                 Thank you very much.

 6                 ACTING PRESIDENT PERSAUD:   Thank 

 7    you, Senator Palumbo.

 8                 Are there any other Senators wishing 

 9    to be heard?

10                 Seeing and hearing none, debate is 

11    closed.  The Secretary will ring the bell.

12                 Read the last section.

13                 THE SECRETARY:   Section 7.  This 

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

15    shall have become a law.

16                 ACTING PRESIDENT PERSAUD:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT PERSAUD:   Senator 

20    Jackson to explain his vote.

21                 SENATOR JACKSON:   Thank you, 

22    Madam President.

23                 My colleagues, I rise to speak in 

24    support of Senator Myrie's legislation, the Clean 

25    Slate Act, S1553D.  


                                                               4732

 1                 And everyone should have the 

 2    opportunity to work, care for their families, and 

 3    contribute to their communities.  And I believe 

 4    once an individual's debt to society is paid, 

 5    they should not be punished further.

 6                 Too often a criminal record can be a 

 7    life sentence of poverty, with the collateral 

 8    damage of conviction wide-ranging and enduring.  

 9    Currently more than 2.3 million New Yorkers have 

10    a conviction record creating barriers to 

11    obtaining employment, housing, education, credit, 

12    and other essential opportunities that allow 

13    individuals to thrive and contribute to our 

14    society.

15                 To better achieve equality -- 

16    equity, rather, especially across race and 

17    income, we must transform our justice system.  

18    Clean Slate NY aims to end perpetual punishment 

19    by requiring the sealing of records, certain 

20    records, giving our neighbors involved in the 

21    justice system a second chance at contributing to 

22    society.  

23                 It's about strengthening our 

24    communities, ensuring New Yorkers are not 

25    punished beyond their sentences and can be full 


                                                               4733

 1    participants in our state's economic and civic 

 2    life.  It is a common-sense policy that promotes 

 3    justice, stability, safety for all.

 4                 I am proud that as legislators of 

 5    conscience we find ourselves here today to 

 6    fulfill our moral obligation, and it's time to 

 7    pass the Clean Slate Act now.  I proudly vote aye 

 8    in favor of this bill.

 9                 Thank you, Madam President.

10                 ACTING PRESIDENT PERSAUD:   Senator 

11    Jackson to be recorded in the affirmative.

12                 Senator Brisport to explain his 

13    vote.

14                 SENATOR BRISPORT:   Thank you, 

15    Madam President.  Thank you, Madam President.  

16                 You know, earlier this year we 

17    witnessed the concerted efforts of some in power 

18    to gaslight New Yorkers about their own public 

19    safety.  With a New York City police budget of 

20    mind-boggling size and an extraordinary 

21    percentage of New Yorkers incarcerated, our 

22    people continue to endure the physical and 

23    psychological consequences of living with the 

24    constant presence of danger.  Yet our Mayor and 

25    our Governor are fighting to double down on these 


                                                               4734

 1    monumentally failed public safety strategies 

 2    instead of engaging with the well-established 

 3    reality that public safety is rooted in community 

 4    stability.

 5                 Policies like pretrial incarceration 

 6    and those that limit access to employment and 

 7    housing for formerly incarcerated people -- in 

 8    other words, policies that destabilize individual 

 9    lives and families -- are not only unjust, they 

10    are also a recipe for undermining public safety.  

11                 More than one in seven New Yorkers 

12    has a conviction record, which has kept hundreds 

13    of thousands of New Yorkers from accessing basic 

14    living conditions like employment, housing and 

15    education.

16                 Today the Senate is saying that 

17    2.3 million New Yorkers with past convictions who 

18    have already been subjected to inhumane and 

19    deeply isolating prison time, should be able to 

20    move on with their lives, reenter their 

21    communities and thrive.

22                 Clean Slate passing is a tremendous 

23    move toward policies rooted in basic respect for 

24    humanity and in real-world outcomes over 

25    pseudo-security and mass incarceration.  It is a 


                                                               4735

 1    move forward for racial justice in New York, 

 2    reducing the damage done by our criminal legal 

 3    system that disproportionately traps 

 4    working-class people of color in perpetual 

 5    punishment.  

 6                 I want to thank Clean Slate 

 7    New York's broad coalition of activists, 

 8    including the formerly incarcerated New Yorkers 

 9    who have led this charge.  Despite the efforts of 

10    the Governor and Mayor Eric Adams to roll back 

11    lifesaving bail reforms, that coalition continues 

12    to speak truth to power.  They have proven that 

13    together we can truly win a more just New York.  

14                 I proudly vote aye on this bill.  

15                 Thank you, Madam President.

16                 ACTING PRESIDENT PERSAUD:   Senator 

17    Brisport to be recorded in the affirmative.

18                 Senator Helming to explain her vote.

19                 SENATOR HELMING:   Thank you, 

20    Madam President.  

21                 First I want to say thank you to 

22    Senator Myrie and Senator Palumbo for the great 

23    debate.  It's a tough subject, and I appreciate 

24    the candid responses.  

25                 Madam President, I truly, truly 


                                                               4736

 1    believe in second chances, and I believe in the 

 2    resiliency of New Yorkers.  But you know what 

 3    else I also believe in?  That's consequences.

 4                 And while I appreciate my 

 5    colleagues' changes to the Clean Slate bill since 

 6    it was first introduced, my concerns remain.  I 

 7    believe this bill does not do enough to protect 

 8    our communities, our families and our children.  

 9    Unfortunately, over the past two years this is a 

10    theme that we've seen time and time again.

11                 Among the bill's flaws, Clean Slate 

12    allows for an unlimited, an unlimited number of 

13    prior convictions to be concealed.  It protects 

14    individuals with significant criminal records -- 

15    as you heard, violent felonies, including 

16    domestic terrorism, manslaughter, arson, robbery, 

17    and even animal abuse.  Madam President, I have 

18    to ask my colleagues, are these crimes that we're 

19    really, truly willing to erase?  

20                 Of course I believe in second 

21    chances, but not at the expense of public safety.  

22    Like the majority of my constituents, I oppose 

23    the disastrous bail and discovery policies, Less 

24    Is More parole changes and the HALT Act.  These 

25    policies and others advanced by the Majority 


                                                               4737

 1    prioritize criminals while putting our 

 2    communities at risk.

 3                 Since April 1st of this year, when 

 4    the HALT Act took effect, there has been a 

 5    dramatic increase in the horrific attacks within 

 6    our state's correctional facilities.  Attacks on 

 7    correctional officers and attacks between inmates 

 8    have risen as well.

 9                 When discovery changes were passed, 

10    we saw what a huge burden that was for our 

11    district attorneys' offices.  We saw the negative 

12    consequences that accompanied that unfunded 

13    mandate that was handed down by the state.

14                 Now, with the Clean Slate 

15    legislation, we're faced with yet another 

16    unfunded mandate, another bill that is primed to 

17    overburden our law enforcement officers, our DAs 

18    and our judges.

19                 It appears to me that there are 

20    dangerous gaps in this legislation that 

21    potentially put vulnerable individuals at risk, 

22    and the question I have is:  Is it worth it?  Is 

23    it worth the risk to our children?  Are we 

24    unnecessarily putting children at risk by sealing 

25    the records of a person convicted of harming or 


                                                               4738

 1    abusing a child?  What happens when that person 

 2    who is convicted of child abuse is hired by a 

 3    facility that under this legislation cannot 

 4    access criminal records, a facility that caters 

 5    to children like a theme park, a water park, a 

 6    small daycare?  

 7                 Not only do bills like Clean Slate 

 8    jeopardize public safety, but they tie the hands 

 9    of law enforcement, DAs and judges --

10                 ACTING PRESIDENT PERSAUD:   Senator 

11    Helming, how do you vote?  

12                 SENATOR HELMING:   Madam President, 

13    we must put public safety first.  We must restore 

14    common sense to our criminal justice laws.  I 

15    urge my colleagues to join me in voting no.

16                 ACTING PRESIDENT PERSAUD:   Senator 

17    Helming to be recorded in the negative.

18                 Senator Borrello to explain his 

19    vote.

20                 SENATOR BORRELLO:   Thank you, 

21    Madam President.  

22                 I too appreciate the debate between 

23    Senator Palumbo and Senator Myrie on this bill.

24                 I'm an employer.  My wife and I 

25    employ more than 200 people.  We have many people 


                                                               4739

 1    that work for us that are formerly incarcerated.  

 2    Some of them have been with us for many years.  

 3    But that was our choice.  Our choice was to, I 

 4    guess, take that risk because we felt that these 

 5    are good people that may have made a mistake.  

 6    But we went into this with the full knowledge of 

 7    their past.  

 8                 This bill is disturbing in a lot of 

 9    ways for me because, as has been mentioned by my 

10    colleagues, there are some serious issues out 

11    there that will be withheld from those trying to 

12    make that decision.  I asked our counsel, if 

13    someone was convicted of animal cruelty, animal 

14    fighting, animal hoarding, would those records be 

15    sealed in multiple times?  And the answer was 

16    yes.  

17                 So if I were a humane society, a pet 

18    store, an animal shelter, I'd want to know that.  

19    Because quite honestly, those are people that are 

20    never really rehabilitated, unfortunately.  

21    That's what the statistics show.  In fact, serial 

22    killers often start out as animal abusers.  And 

23    that's a very serious issue.  I would not want 

24    our humane society employing someone without that 

25    knowledge, at least.


                                                               4740

 1                 We talk a lot about hate crimes.  

 2    Hate crimes would be sealed.  I think there's a 

 3    lot of people that would like to know if it's 

 4    someone they're employing at a not-for-profit, if 

 5    they have perhaps been convicted of a hate crime.

 6                 I believe in second chances.  I 

 7    believe we all do.  I think the previous versions 

 8    of this years ago may have been a better 

 9    solution.  But I can't in good conscience, as 

10    someone who has done this, who employs people, 

11    support something like this that would seal 

12    records and withhold the information for people 

13    that have committed crimes multiple times.  

14                 I support a second chance, I don't 

15    support a 22nd chance.  So I'll be a no.  

16                 Thank you.

17                 ACTING PRESIDENT PERSAUD:   Senator 

18    Borrello to be recorded in the negative.

19                 Senator Weik to explain her vote.

20                 SENATOR WEIK:   Thank you, 

21    Madam President.

22                 In addition to all the great points 

23    that my colleagues made, I find it troubling that 

24    this Majority repealed Civil Rights Act 50-a, 

25    which opens personnel files for law enforcement, 


                                                               4741

 1    fire departments and EMS workers regardless of 

 2    what it contains -- unfounded, unsubstantiated 

 3    and even exonerated complaints and statements -- 

 4    and makes them available to the public.  

 5                 But this bill wants to seal the 

 6    records of criminals who serve time for 

 7    committing heinous crimes against our communities 

 8    and our families.  The hypocrisy is truly 

 9    overwhelming.  

10                 It seems that New York State with 

11    this bill now values criminals more than it 

12    values our police officers, our firefighters, our 

13    EMS workers and our general public, and that's 

14    shameful.  

15                 And for that, I vote in the 

16    negative.

17                 ACTING PRESIDENT PERSAUD:   Senator 

18    Weik to be recorded in the negative.

19                 Senator Lanza to explain his vote.

20                 SENATOR LANZA:   Thank you, 

21    Madam President, to explain my vote.  

22                 I'll be voting in the negative with 

23    respect to this legislation.

24                 You know, Madam President, I am for 

25    forgiveness, I am for rehabilitation.  But I am 


                                                               4742

 1    also for the truth.  And in effect what this bill 

 2    does is deny the truth.  It hides the truth about 

 3    what people have done.  

 4                 And as Senator Borrello said, I 

 5    think people should have the opportunity to 

 6    assess any situation, to express forgiveness, to 

 7    take a chance, as he said.  But, you know, I 

 8    think human nature teaches us that we need to be 

 9    aware of the things that we're getting ourselves 

10    into.

11                 You know, if you're talking about a 

12    youthful indiscretion, you're talking about 

13    shoplifting or things like that, you know, wipe 

14    the slate, clean the slate, do it five minutes 

15    later.  I'm okay with that.  But we're talking 

16    about serious conduct, convictions.  People who 

17    have committed armed robberies.  Everybody talks 

18    gun violence.  I hear a lot about it these days.  

19    Armed robbery, armed burglary, gun possessions, 

20    weapon possessions.  

21                 And now, all of a sudden, society is 

22    not supposed to know about that.  And I just 

23    think that's wrong.  

24                 There's legislation I think 

25    tomorrow, there's going to be some gun 


                                                               4743

 1    legislation that talks about just things that 

 2    people say.  If they make a hateful statement, if 

 3    they express racism by words, they're going to be 

 4    punished, Madam President, in every way shape and 

 5    form.  Perhaps they should be.  

 6                 But a person who is convicted of a 

 7    hate crime somehow is going to have that truth 

 8    wiped away.  You know, if I'm a prospective 

 9    employer, or a parent or a citizen or a neighbor, 

10    I might want to -- I might want to know that.  In 

11    fact, I know I'd want to know that.  I'd want to 

12    know if someone was not only talking about being 

13    a white supremacist but acted out on that and 

14    committed a crime against someone.  We ought to 

15    know that.  People can make decisions.

16                 Senator Palumbo brought out the 

17    point:  So if someone committed a burglary or a 

18    robbery or a hate crime seven years ago in 

19    New York, and yesterday they committed a murder 

20    in one of our neighboring states -- New Jersey 

21    Pennsylvania, Vermont, Massachusetts, 

22    Connecticut -- they're going to have that 

23    conviction wiped away automatically and they've 

24    just committed a murder in New Jersey?  That 

25    doesn't make any sense.  I really don't think 


                                                               4744

 1    anybody believes it does.

 2                 Madam President, this is bad public 

 3    policy.  This is not about vengeance.  This is 

 4    about information and it's about truth.  

 5                 And the one last point I will end on 

 6    is there's a bit of hypocrisy involved in the 

 7    legislation, one aspect that just stands out to 

 8    me.  So it does make an exception for the 

 9    government.  This bill acknowledges that maybe a 

10    past conviction is probative, that it has some 

11    value, that it's important to know -- but only 

12    for the government.  The government needs to know 

13    this.  If in effect that conviction ought to be 

14    wiped clean and no one needs to know it because 

15    it doesn't prove or show anything and does not 

16    give us any value as a society, then why does the 

17    government need to know it?  

18                 Before the government has that 

19    information, I think the people of New York need 

20    to have that information.  

21                 And so, Madam President, I'll be 

22    voting no.

23                 ACTING PRESIDENT PERSAUD:   Senator 

24    Lanza to be recorded in the negative.

25                 Senator Rivera to explain his vote.


                                                               4745

 1                 SENATOR RIVERA:   Thank you, 

 2    Madam President.  

 3                 A couple of times on this floor and 

 4    certainly in conversations that I've had both 

 5    privately and publicly with my colleagues and my 

 6    constituents, I've said a phrase, and I will 

 7    repeat it again today:  I believe in redemption.  

 8                 And I believe in redemption because 

 9    unlike the Batman movie that some of my 

10    colleagues might believe that we are living in, 

11    where every single person who is deemed a 

12    criminal is somebody who is completely, 

13    irreparably harmful to the society and to the 

14    people around them, there are thousands of 

15    New Yorkers -- my neighbors, my constituents, our 

16    neighbors and our constituents -- who are stuck 

17    every single day and are defined every single day 

18    by mistakes they have made in the past.

19                 I believe that nobody should be 

20    defined by the worst thing that they ever did.  I 

21    certainly shouldn't, and no one here should.

22                 I also believe that my colleague, as 

23    Senator Myrie will certainly explain, I am sure 

24    when he explains his vote, will actually correct 

25    some of the inaccuracies that have been spoken on 


                                                               4746

 1    this floor about the bill that is currently 

 2    before us -- a bill that has been thoughtfully 

 3    thought through.  As a matter of fact, 

 4    Madam President, I'll remind you about 

 5    Senator Myrie's various references to the 

 6    concerns that were expressed by law enforcement, 

 7    reasonable concerns that were then changed in the 

 8    bill.

 9                 At the core of this we have a system 

10    which unfortunately has for too long, 

11    Madam President, been driven by perennial 

12    punishment.  I remember some of the colleagues 

13    who are no longer serving with us in the Senate 

14    here, the people who have -- a couple of them, 

15    who shall remain nameless, who I met at the 

16    original -- when I first served here in 2011.  

17    And I learned from the actions of this colleague, 

18    who had been here for a long time before I 

19    arrived, and who was in the majority at the time 

20    and personally responsible for establishing so 

21    much of the bills, so much of the laws that we're 

22    trying to push back on, who seemed to believe 

23    that people who have made a mistake and who have 

24    therefore become criminals shall forever be 

25    branded that and that there's nothing about their 


                                                               4747

 1    actions from the time that they made that mistake 

 2    that will deem them a different person.

 3                 And so, as Senator Myrie said, there 

 4    might be a difference of opinion and difference 

 5    in philosophy.  But ultimately I believe that 

 6    redemption is something that can happen.  I 

 7    believe individuals can change who they are.  

 8    Some might not, but the overwhelming majority, 

 9    and certainly the thousands of New Yorkers whose 

10    lives will be changed by this, who will have 

11    access to housing, to work, to education 

12    opportunities -- those are the folks that we're 

13    talking about.  My neighbors, my constituents.  

14    Our neighbors, our constituents.

15                 I believe in redemption, and I 

16    believe that this bill gives us a bit of positive 

17    walking in that direction.  I vote in the 

18    affirmative, Madam President.  

19                 Thank you.

20                 ACTING PRESIDENT PERSAUD:   Senator 

21    Rivera to be recorded in the affirmative.

22                 Senator Bailey to explain his vote.

23                 SENATOR BAILEY:   Thank you, 

24    Madam President.

25                 I applaud my colleagues for their 


                                                               4748

 1    crash course in advanced goalpost moving theory.  

 2    It seems as if, when we talk about 

 3    justice-related issues, that the goalposts 

 4    continue to move down the field.  It no longer 

 5    becomes a 100-yard football field, it becomes a 

 6    300-yard football field.  It's conflated with 

 7    bail and discovery and the 50-a -- which actually 

 8    opens records up, but never mind that.  It's 

 9    never good enough.  It's never good enough.  

10                 Well, that's how people that can't 

11    become employed, that's how they feel.  It's 

12    never good enough.  The countless number of 

13    New Yorkers who have been turned down for 

14    housing, turned down for jobs, that cannot 

15    provide for their families, they never feel good 

16    enough.  Advanced goalpost moving.  

17                 Get a job.  Go get a job.  It's what 

18    they say.  It's what they tell us to do.  Go get 

19    a job.  How?  How?  When you go from employer to 

20    employer that takes a look at what you have done, 

21    the worst thing that you have done and makes a 

22    value judgment, what are you to do?  Go get a 

23    job?  How?  How are you going to take care of 

24    your family?  Economic justice.  Economic 

25    prosperity.  


                                                               4749

 1                 You remember your first job, 

 2    Madam President?  Everybody in this chamber 

 3    remembers their first job.  You remember the 

 4    pride that you walked home with when you got that 

 5    first check?  The White Plains YMCA for me.  

 6    Counselor in training.  It was a stipend, $207.  

 7    I never felt prouder in my life.  I had an 

 8    opportunity to earn that.  I was lucky.  You 

 9    know?  I had a good family, they kept me out of 

10    trouble, they made sure I stayed on the straight 

11    and narrow.  I didn't make mistakes like that.  

12                 But what if you made a mistake and 

13    you've paid your debt to society?  You have been 

14    incarcerated, you have been released, you have 

15    waited a certain amount of time, and still it's 

16    not good enough for some.

17                 I'm glad Andrea Stewart-Cousins is 

18    the Majority Leader of the New York State Senate.  

19    I'm glad Zellnor Myrie has the courage of his 

20    convictions to look past the convictions of 

21    people.  

22                 And this is a D print, 

23    Madam President.  Hearings, conversations with 

24    DAs, law enforcement.  Just because you don't 

25    like the answer to something doesn't mean that 


                                                               4750

 1    the question wasn't asked.

 2                 Talk about unfunded mandates.  Huh.  

 3    What about people who are unfunded, unhoused, 

 4    unable to provide for their families?  What about 

 5    them?  I guess we don't worry about them.  In the 

 6    nation of second chances, I guess it depends on 

 7    who you are and where you live.

 8                 I'm grateful to my colleagues that 

 9    support this important piece of legislation.  But 

10    I am grateful to the impacted individuals who 

11    have had to tell difficult stories that I 

12    personally don't relate to because I had it a 

13    little easy.

14                 Madam President, I'm appreciative of 

15    this time, and of the season, and for that reason 

16    I vote in the affirmative.

17                 ACTING PRESIDENT PERSAUD:   Senator 

18    Bailey to be recorded in the affirmative.

19                 Senator Myrie to explain his vote.

20                 SENATOR MYRIE:   Thank you, 

21    Madam President.

22                 If I may, I'm just going to run 

23    through a couple of things I want to correct the 

24    record.

25                 So the notion that this is giving 


                                                               4751

 1    free passes is something that I have a hard time 

 2    accepting.  Because again, if you offend during 

 3    the waiting period, the clock restarts.  If you 

 4    believe in your heart that people should be 

 5    sentenced forever, that they should be punished 

 6    forever, that they should be incarcerated 

 7    forever, then you should introduce the bill and 

 8    put it on the floor and let's talk about it.

 9                 But that's not the system that we 

10    have.  We have adjudication, conviction, 

11    sentencing and then release.  

12                 And for the parade of horribles on 

13    the offenses, I want to make clear that a lot of 

14    the things that strike people as egregious -- 

15    murder -- these are things that carry lifetime 

16    penalties with them.  In many instances, 

17    lifetime -- like being on parole.  In this bill, 

18    if you are on parole, you are ineligible.  You 

19    cannot benefit.  So a lot of the very crimes that 

20    some of my colleagues are bringing up are not 

21    eligible for Clean Slate, period.  

22                 Now I say that and I want to thank 

23    Senator Palumbo for the tone of our conversation.  

24    And I want New Yorkers to remember the tone of 

25    our conversation, because silly season will 


                                                               4752

 1    commence once this session is over.  And there 

 2    will be a lot of bluster and there will be a lot 

 3    of demagoguery that will not mirror the 

 4    conversation that Senator Palumbo and I had.  

 5                 And there's a reason that we are 

 6    able to converse on this issue.  Because as we 

 7    all said, we believe in second chances.  Who 

 8    doesn't believe in second chances?  The Business 

 9    Council believes in second chances.  Verizon 

10    believes in second chances.  Microsoft believes 

11    in second chances.  JPMorgan believes in second 

12    chances.  Chambers of commerce believe in second 

13    chances.  That's not Zellnor.  That is the 

14    private sector saying, We support this because 

15    this is good for our economy.  

16                 Kitchen table issues.  There are 

17    people with convictions that can't feed their 

18    children because they can't get a job.  Any time 

19    I've showed up to trauma and crime in my 

20    community -- and I talk to the guys on the block.  

21    I don't know about the rest of y'all.  But I talk 

22    to the guys on the block, and they say:  Z, I 

23    don't want to do this, I don't want to be in this 

24    life, but I can't get a job.  

25                 So yes, this is a public safety bill 


                                                               4753

 1    because it incentivizes good behavior.  Many of 

 2    my colleagues have mentioned, Why don't we use 

 3    160.59, the application process?  Point five 

 4    percent of people that are eligible for it have 

 5    utilized it since 2017.  Not 50 percent, 

 6    0.5 percent.  The process is too onerous.  It 

 7    requires too much.  And that is why we want to 

 8    make it automatic.

 9                 And we also included a provision for 

10    DCJS to promulgate and determine whether other 

11    entities that are required or authorized to 

12    fingerprint can have access to these records.  If 

13    there are individuals that want to make their 

14    case -- and I'm assuming for you guys that that's 

15    a lot of New Jerseyans -- people who want to make 

16    their case will have the opportunity to do so to 

17    DCJS.  

18                 And all the studies in jurisdictions 

19    where Clean Slate has passed indicate that the 

20    reoffense rate is lower than the general 

21    population.  There's a reason for that:  People 

22    have economic opportunity.  

23                 And I'll end with this.  We're not 

24    talking about some abstract population.  These 

25    individuals live here now.  They're out now.  


                                                               4754

 1    They're in our community now.  Completely shut 

 2    out, having paid their dues, but we have said, 

 3    Nope, we want you punished in perpetuity.  

 4                 And then we feign outrage at crime.  

 5    And we say, This is despicable.  Why can't people 

 6    get their act together?  We've shut every single 

 7    door.  They're going to go through the door that 

 8    they know.  It's the only option we've left them.  

 9                 So if you really care about public 

10    safety, this is your bill.  If you care about 

11    putting New Yorkers back to work, this is your 

12    bill.  If you're a person of faith and you 

13    believe in redemption, this is your bill.  

14                 Today we are standing up for all 

15    New Yorkers, not just those with conviction 

16    records, because they have families and they have 

17    communities that will all benefit once they are 

18    able to come back into our society.  

19                 So I'm so grateful to our Majority 

20    Leader for showing courage.  I'm grateful to all 

21    of my colleagues for their support.  I'm of 

22    course grateful to all of the staff and the 

23    entire coalition that has supported this.  And I 

24    proudly vote in the affirmative.

25                 Thank you, Madam President.


                                                               4755

 1                 ACTING PRESIDENT PERSAUD:   Senator 

 2    Myrie to be recorded in the affirmative.

 3                 Senator Krueger to explain her vote.

 4                 SENATOR KRUEGER:   Thank you, 

 5    Madam President.  

 6                 I found this debate to be 

 7    fascinating.  And I think it's clear that in 

 8    addition to the differences between the 

 9    Democratic side of the aisle and the Republican 

10    side of the aisle when it comes to some of these 

11    bills, it's so clear from my colleagues' passion 

12    who have worked so hard on this bill -- Senator 

13    Myrie -- that it also comes from very different 

14    life experiences.  

15                 Because the reality is in our state, 

16    in addition to the fact that we have such an 

17    incredibly high incarceration rate, breathtaking 

18    by most of the world's standards, that it is also 

19    a racially separated, discrimination -- 

20    discriminatory system.

21                 So my district is not poor and it is 

22    not mostly Black and brown.  Do people do bad 

23    things?  Yes.  Do they end up with good lawyers?  

24    Yes.  Do they not go to jail that often?  Not so 

25    often.


                                                               4756

 1                 But I'm a citizen of the city and 

 2    the state and a representative, in this 

 3    Legislature, for I believe all 20 million 

 4    New Yorkers.  And I hear my colleagues, and I've 

 5    read the materials and I've sat through some of 

 6    the meetings -- not nearly as many as the ones 

 7    who were participating in the relevant committees 

 8    and the relevant hearings.  But at the core it is 

 9    exactly what my colleagues have stood up and 

10    said.  

11                 This is not just about redemption -- 

12    but that's real -- but it's also about making 

13    sure we have a state where people can get jobs 

14    and take care of their families.  Because if they 

15    don't -- and the research bears this out for 

16    decades and decades.  If you don't want 

17    recidivism in crime, you make sure that people 

18    who were criminals have jobs where they can get 

19    paid and take care of themselves and their 

20    families.  And that's what this bill is at its 

21    core.  

22                 And I know my time is short, but I 

23    will tell you one story of when I was running 

24    eviction prevention programs back in the '90s and 

25    I was talking to a man sitting in front of me 


                                                               4757

 1    saying:  "I went to prison, I did my time.  When 

 2    I came back, my family took me back in.  If I 

 3    don't get the money to pay the rent, they all get 

 4    evicted.  

 5                 "I'm telling you now, lady, either 

 6    help me figure out how to pay my rent or I will 

 7    get a gun and rob people, because I know how to 

 8    do that.  I hate that that's what I would do.  I 

 9    know that I will get caught and go back to jail.  

10    But I owe it to my family for them not to lose 

11    their homes.  And I don't know what else to do.  

12    I am desperate."  

13                 I made sure he had the money to pay 

14    the rent.  We can't necessarily do that for the 

15    tens of thousands of people who are living in our 

16    state, trying to stay on the straight and narrow, 

17    trying to make a life for themselves and their 

18    families.  And so we owe it, not just to them but 

19    to ourselves as a society, to pass this bill, 

20    even if we have a few qualms about a few of the 

21    stories.

22                 But thank you, Senator Myrie, for 

23    clarifying all the different categories of people 

24    who this isn't going to apply to, who seem to be 

25    the people my colleagues are most worried about.  


                                                               4758

 1    Those aren't the people who are going to get the 

 2    clean slate.  Everybody else is, and those are 

 3    the ones that we will have had an enormous impact 

 4    on by passing this bill.  

 5                 I say yes.  I say we should all vote 

 6    for this bill.

 7                 Thank you, Madam President.

 8                 ACTING PRESIDENT PERSAUD:   Senator 

 9    Krueger to be recorded in the affirmative.

10                 Announce the results.

11                 THE SECRETARY:   In relation to 

12    Calendar 1631, those Senators voting in the 

13    negative are Senators Addabbo, Akshar, Borrello, 

14    Boyle, Felder, Gallivan, Gaughran, Griffo, 

15    Helming, Jordan, Kaminsky, Lanza, Mannion, 

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

17    Palumbo, Rath, Ritchie, Savino, Serino, Stec, 

18    Tedisco and Weik.

19                 Ayes, 37.  Nays, 26.

20                 ACTING PRESIDENT PERSAUD:   The bill 

21    is passed.

22                 The Secretary will read.

23                 THE SECRETARY:   Calendar Number 

24    1646, Senate Print 6453C, by Senator Parker, an 

25    act to amend the Public Authorities Law.


                                                               4759

 1                 ACTING PRESIDENT MAYER:   Senator 

 2    O'Mara, why do you rise?  

 3                 SENATOR O'MARA:   Yes, 

 4    Madam President.  I have some questions for the 

 5    sponsor or whoever is going to represent the 

 6    sponsor here on this bill today.

 7                 ACTING PRESIDENT MAYER:   Senator 

 8    Gianaris?  

 9                 SENATOR GIANARIS:   I will be 

10    representing the sponsor, Madam President.  

11                 I gladly yield.

12                 ACTING PRESIDENT MAYER:   The 

13    Senator yields.

14                 SENATOR O'MARA:   Can you -- Senator 

15    Gianaris, can you just generally outline what 

16    this bill is proposed to do?  

17                 SENATOR GIANARIS:   Sure.  It would 

18    authorize the Power Authority to build renewable 

19    electricity projects as necessary.

20                 SENATOR O'MARA:   Through you, 

21    Madam President, if the Senator will yield. 

22                 SENATOR GIANARIS:   I do.

23                 ACTING PRESIDENT MAYER:   Will the 

24    Senator yield?

25                 SENATOR GIANARIS:   Yes.


                                                               4760

 1                 ACTING PRESIDENT MAYER:   The 

 2    Senator yields.

 3                 SENATOR O'MARA:   This bill, 

 4    Senator Gianaris, was amended to a C print on 

 5    May 27th, just four days ago.  Do you know what 

 6    these amendments were and how it altered this 

 7    bill?

 8                 SENATOR GIANARIS:   Yes.  In 

 9    conversations with a number of the building 

10    trades unions, including the utility workers, 

11    there were labor protections built into the 

12    legislation to ensure that no workers are harmed 

13    in the transition to the renewable market.

14                 SENATOR O'MARA:   Through you, 

15    Madam President, if the Senator will yield.

16                 ACTING PRESIDENT MAYER:   Senator 

17    Gianaris, will you yield?  

18                 SENATOR GIANARIS:   Yes.

19                 ACTING PRESIDENT MAYER:   The 

20    Senator yields.  

21                 SENATOR O'MARA:   Senator Gianaris, 

22    for about 15 years -- now the state changed 

23    directions about 15 years ago in opening up a 

24    competitive marketplace for energy production in 

25    New York State.  And that went through a quite 


                                                               4761

 1    long process with the Public Service Commission 

 2    and a lot of debate over that, and it was -- at 

 3    that time moved forward that basically energy 

 4    production would be in a private competitive 

 5    marketplace, and we've been pursuing that for 

 6    these past 15 years.  

 7                 Why a departure from that to a 

 8    state-owned utility at this point to allow them 

 9    to produce power within that competitive 

10    marketplace?

11                 SENATOR GIANARIS:   Well, I have a 

12    couple of things I can say to that.  

13                 I mean, first of all, there's a lot 

14    of things that we did 15 years ago that are no 

15    longer the best ideas today.  So we're constantly 

16    here evaluating and adjusting state policy.

17                 But more directly to answer your 

18    question, we're not doing anything to change the 

19    fact that there will be a competitive 

20    marketplace.  In fact, the Power Authority 

21    currently produces electricity in this state and 

22    in fact is producing the lion's share of the 

23    renewable electricity in this state currently.

24                 So we're just authorizing them to do 

25    more as necessary.  We are not doing anything to 


                                                               4762

 1    change the approach that you referred to.

 2                 SENATOR O'MARA:   Through you, 

 3    Madam President, if the sponsor will continue to 

 4    yield.

 5                 ACTING PRESIDENT MAYER:   Do you 

 6    continue to yield?  

 7                 SENATOR GIANARIS:   Yes.

 8                 ACTING PRESIDENT MAYER:   The 

 9    Senator yields.

10                 SENATOR O'MARA:   Do you think that 

11    interjecting a state-owned utility into this 

12    process of generating electricity in a 

13    competitive marketplace, that this will give an 

14    unfair advantage to the New York Power Authority?  

15    And will it stifle competition of power producers 

16    within New York State?

17                 SENATOR GIANARIS:   No, I do not.

18                 SENATOR O'MARA:   Through you, 

19    Madam President, if the Senator will yield.

20                 ACTING PRESIDENT MAYER:   Do you 

21    continue to yield?  

22                 SENATOR GIANARIS:   I do.

23                 ACTING PRESIDENT MAYER:   The 

24    Senator yields.

25                 SENATOR O'MARA:   Senator Gianaris, 


                                                               4763

 1    do you believe that the New York Power Authority 

 2    has competitive advantages over independent 

 3    private power producers in New York City?

 4                 SENATOR GIANARIS:   Well, in the 

 5    sense that they are providing cheaper electricity 

 6    and are more desirable.  But that's to the 

 7    benefit and would be to the benefit of the 

 8    consumers in this state.  

 9                 I would hope that Senator O'Mara is 

10    not advocating limiting competition so that 

11    private producers of electricity would be able to 

12    charge more to the customers of this state.

13                 SENATOR O'MARA:   Through you, 

14    Madam President, if the Senator will continue to 

15    yield.

16                 ACTING PRESIDENT MAYER:   Do you 

17    continue to yield?  

18                 SENATOR GIANARIS:   Yes.

19                 ACTING PRESIDENT MAYER:   He 

20    continues to yield.

21                 SENATOR O'MARA:   Yes, Senator, I 

22    certainly am not advocating less -- less 

23    competition.  I do believe that this creates 

24    unfair competition against the system that has 

25    been set up that's been followed in New York with 


                                                               4764

 1    independent power production.  

 2                 How -- the New York Power Authority 

 3    does not pay property taxes on their facilities, 

 4    correct?

 5                 SENATOR GIANARIS:   That's correct.

 6                 SENATOR O'MARA:   Through you, 

 7    Madam President, if the Senator will continue to 

 8    yield.

 9                 ACTING PRESIDENT MAYER:   Do you 

10    continue to yield?  

11                 SENATOR GIANARIS:   Yes.

12                 ACTING PRESIDENT MAYER:   The 

13    Senator yields.

14                 SENATOR O'MARA:   Do the various 

15    independent private power-generating companies in 

16    New York pay property taxes on their facilities?  

17                 SENATOR GIANARIS:   Yes, they do.  

18                 But if Senator O'Mara is going to 

19    sit here and outline all the reasons why private 

20    power producers charge more for their 

21    electricity, maybe he should take a re-look at 

22    how we've been doing everything the past 15 

23    years, because the Power Authority would provide 

24    cheaper electricity and maybe it's because they 

25    don't have to pay property taxes.  


                                                               4765

 1                 But whatever the reason is, 

 2    customers get the benefit.  And it seems to me 

 3    you're arguing for the private power producers, 

 4    to make sure they continue to benefit.  And in 

 5    answer to --

 6                 SENATOR O'MARA:   Well, it seems to 

 7    me, Senator Gianaris --

 8                 SENATOR GIANARIS:   Would you please 

 9    let me answer?  Please let --

10                 SENATOR O'MARA:   -- that you're 

11    arguing for communism and socialism in this 

12    marketplace.

13                 SENATOR GIANARIS:   (Laughing.)  

14    That's great.  Yeah.  When in fact you are doing 

15    the opposite of what you just said.  You said you 

16    don't want to limit competition.  In fact the 

17    current law limits competition.  NYPA is 

18    restricted from producing cheaper electricity 

19    than the private market is producing.  

20                 You just want to give the private 

21    sector an exclusive right to produce.  So if -- 

22    this always gets me.  It gets me with Con Ed -- 

23    that's a whole separate story.  But it gets me 

24    when the great champions of capitalism start 

25    calling and throwing out names like you just did, 


                                                               4766

 1    but really what you're doing is trying to protect 

 2    an exclusive right to compete.  You're limiting 

 3    competition, which is the opposite of what 

 4    capitalism is supposed to be.  

 5                 Let NYPA do what it's doing.  Let 

 6    these guys produce what they're producing.  

 7    Whoever produces the cheaper product for whatever 

 8    reason is to the benefit of the ratepayers.  Why 

 9    wouldn't we want that?  

10                 SENATOR O'MARA:   Through you, 

11    Madam President, if the sponsor will continue to 

12    yield.

13                 ACTING PRESIDENT MAYER:   Do you 

14    continue to yield?  

15                 SENATOR GIANARIS:   Yes.

16                 ACTING PRESIDENT MAYER:   The 

17    Senator yields.  

18                 SENATOR O'MARA:   In this bill, 

19    Senator, the first page, line 6, I believe, it 

20    says that -- in summarizing it, that the 

21    Authority, the Power Authority is authorized and 

22    directed to purchase, acquire, construct 

23    renewable energy projects.  

24                 What is intended by the language of 

25    purchasing or acquiring renewable energy 


                                                               4767

 1    facilities?

 2                 SENATOR GIANARIS:   What do those 

 3    words mean, is that the question?  

 4                 SENATOR O'MARA:   What is intended 

 5    that the Power Authority would be purchasing or 

 6    acquiring?

 7                 SENATOR GIANARIS:   The equipment 

 8    necessary to build a renewable power supply 

 9    facility.

10                 SENATOR O'MARA:   Through you, 

11    Madam President, if the Senator will yield.

12                 ACTING PRESIDENT MAYER:   Do you 

13    continue to yield?  

14                 SENATOR GIANARIS:   Yes.

15                 ACTING PRESIDENT MAYER:   The 

16    Senator yields.

17                 SENATOR O'MARA:   Is this language 

18    that I've referenced intended to have the 

19    Power Authority buy existing renewable power 

20    facilities?

21                 SENATOR GIANARIS:   That's an 

22    option.  It can go -- it doesn't specify whether 

23    they are purchasing existing ones or constructing 

24    their own.

25                 SENATOR O'MARA:   Through you, Madam 


                                                               4768

 1    President, if the Senator will yield.

 2                 ACTING PRESIDENT MAYER:   Do you 

 3    continue to yield?  

 4                 SENATOR GIANARIS:   Yes.

 5                 ACTING PRESIDENT MAYER:   The 

 6    Senator yields.

 7                 SENATOR O'MARA:   Now, Senator, this 

 8    legislation also requires that all state entities 

 9    purchase electricity from the Power Authority by 

10    2030, is that right?

11                 SENATOR GIANARIS:   That's correct.

12                 SENATOR O'MARA:   And that -- local 

13    governments by 2035.

14                 SENATOR GIANARIS:   With exceptions, 

15    but yes.

16                 SENATOR O'MARA:   Through you, 

17    Madam President, if the sponsor will yield.

18                 ACTING PRESIDENT MAYER:   Do you 

19    continue to yield?  

20                 SENATOR GIANARIS:   Yes.

21                 ACTING PRESIDENT MAYER:   The 

22    Senator yields.

23                 SENATOR O'MARA:   The -- in 2020, in 

24    the budget, it was enacted, an Accelerating 

25    Renewable Energy Growth and Community Benefit 


                                                               4769

 1    Act, that allowed special treatment for the 

 2    New York Power Authority on projects.  And that 

 3    there are projects, if deemed a priority project, 

 4    would be approved immediately for spreading those 

 5    costs of the project along to ratepayers of the 

 6    state.

 7                 SENATOR GIANARIS:   I'm told what 

 8    you're referring to relates to transmission 

 9    projects, not supply, which is what we're dealing 

10    with here.

11                 SENATOR O'MARA:   Does this 

12    legislation before us --

13                 ACTING PRESIDENT MAYER:   Senator 

14    O'Mara -- 

15                 SENATOR O'MARA:   Yes, through you, 

16    Madam President, will the Senator yield?  

17                 ACTING PRESIDENT MAYER:   Senator 

18    Gianaris, do you continue to yield?  

19                 SENATOR GIANARIS:   I do.

20                 ACTING PRESIDENT MAYER:   The 

21    Senator yields.  

22                 SENATOR O'MARA:   This legislation 

23    does not cover transmission projects.

24                 SENATOR GIANARIS:   Okay.  Only in 

25    regards to the fact that it restricts NYPA from 


                                                               4770

 1    constructing new transmission lines unless they 

 2    are transmitting renewable energy.  

 3                 So it's consistent with our mandate 

 4    under CLCPA to move our economy to a renewable 

 5    economy.

 6                 SENATOR O'MARA:   Through you, 

 7    Madam President, if the Senator will continue to 

 8    yield.

 9                 ACTING PRESIDENT MAYER:   Do you 

10    continue to yield?  

11                 SENATOR GIANARIS:   Yes.

12                 ACTING PRESIDENT MAYER:   The 

13    Senator yields.

14                 SENATOR O'MARA:   So if it's a new 

15    transmission project for transmitting renewable 

16    power, the Power Authority will get priority and 

17    be able to immediately proceed with that project 

18    and spread those costs of the transmission 

19    project amongst the ratepayers.

20                 SENATOR GIANARIS:   There's no 

21    special treatment.  The NYPA -- the process for 

22    the Power Authority, if it chooses to build such 

23    a transmission line, is the same that any private 

24    entity would have to undertake.

25                 SENATOR O'MARA:   Through you, 


                                                               4771

 1    Madam President, if the Senator will continue to 

 2    yield.

 3                 ACTING PRESIDENT MAYER:   Do you 

 4    continue to yield?

 5                 SENATOR GIANARIS:   Yes.

 6                 ACTING PRESIDENT MAYER:   The 

 7    Senator yields.

 8                 SENATOR O'MARA:   Now, the 

 9    Public Service Commission recently went through a 

10    very lengthy, I think years -- multiyear process 

11    for approving two transmission lines for the 

12    transmission of renewables in New York State, one 

13    being the Hudson-Champlain line and the other 

14    being the Clean Path from Central New York 

15    downstate.

16                 Now, under this legislation, if that 

17    was going to be a New York Power Authority 

18    project, the approval for spreading those costs 

19    to the ratepayers would have been immediate by 

20    the Public Service Commission.

21                 SENATOR GIANARIS:   That's false.

22                 SENATOR O'MARA:   Okay, can you -- 

23    through you, Madam President, if the Senator will 

24    yield.

25                 ACTING PRESIDENT MAYER:   Do you 


                                                               4772

 1    continue to yield?  

 2                 SENATOR GIANARIS:   Yes.

 3                 ACTING PRESIDENT MAYER:   The 

 4    Senator yields.

 5                 SENATOR O'MARA:   Is there any 

 6    distinction on how a NYPA transmission project 

 7    would get approved for spreading the cost to the 

 8    ratepayers than a private industry transmission 

 9    line such as Clean Path or Champlain-Hudson?  

10                 SENATOR GIANARIS:   That was a long 

11    briefing to get me to say that you are wrong, 

12    Senator O'Mara.  

13                 (Laughter.)

14                 SENATOR GIANARIS:   There is no real 

15    special treatment afforded to NYPA different than 

16    a different private power company would have.

17                 SENATOR O'MARA:   Through you, 

18    Madam President, if the sponsor would continue to 

19    yield.

20                 ACTING PRESIDENT MAYER:   Do you 

21    continue to yield?  

22                 SENATOR GIANARIS:   I do.

23                 ACTING PRESIDENT MAYER:   The 

24    Senator yields.

25                 SENATOR O'MARA:   Why is it 


                                                               4773

 1    appropriate to have -- or to allow, through this 

 2    legislation, the New York Power Authority to be 

 3    able to purchase, buy an existing storage 

 4    facility, renewable generating facility that 

 5    exists?  Why take that out of the competitive 

 6    marketplace?

 7                 SENATOR GIANARIS:   Because the 

 8    climate is changing rapidly, and in a disastrous 

 9    fashion, and there's concern that we're not 

10    moving quickly enough to deal with that.  And we 

11    want to add another option into the equation.  

12                 And before you're going to tell me 

13    how great all these contracts are that we've 

14    entered into by private companies to do so, they 

15    are moving incredibly slowly.  And in fact only 

16    3 percent, I believe, of them have been built so 

17    far.  And in the meantime, we are seeing the 

18    catastrophic consequences on our climate and on 

19    our weather that many of you don't take seriously 

20    enough.

21                 SENATOR O'MARA:   Through you, 

22    Madam President, if the Senator will yield.

23                 ACTING PRESIDENT MAYER:   Do you 

24    continue to yield?  

25                 SENATOR GIANARIS:   I do.


                                                               4774

 1                 ACTING PRESIDENT MAYER:   The 

 2    Senator yields.

 3                 SENATOR O'MARA:   Senator, I and my 

 4    colleagues on this side of the aisle take these 

 5    issues very seriously.  And we approach it from a 

 6    rational perspective of our ability to meet these 

 7    unrealistic goals and to do it in a reliable or 

 8    affordable manner for New Yorkers without jacking 

 9    up people's utility rates that are already out of 

10    sight.

11                 Do you believe that the New York 

12    Power Authority is situated and has the capacity 

13    to undertake the types of projects that are being 

14    proposed in this legislation?

15                 SENATOR GIANARIS:   I certainly do.  

16                 And I'm glad you made the comment 

17    you just made, because it really gets to the root 

18    of what's actually happening here.  You are 

19    trying to relitigate the CLCPA.  We are trying to 

20    meet the goals of the CLCPA.  

21                 So you just pointed out -- which is 

22    what you believe -- that they're unrealistic 

23    goals, which to me says I'm correct, you are not 

24    taking this problem seriously enough.  It's why 

25    you voted against the CLCPA in 2019 when we 


                                                               4775

 1    passed it, along with all of your colleagues who 

 2    were here at the time as well, I think with the 

 3    exception of two who aren't here anymore.

 4                 And so yeah, I stand here and I say 

 5    we need this bill to comply with those aggressive 

 6    requirements, and those aggressive requirements 

 7    are necessary.  But if you're coming from the 

 8    point of view of saying the CLCPA was a bad idea, 

 9    first of all, you're wrong.  

10                 But second of all, that's the law of 

11    the state right now, and we have to do what we 

12    have to do to comply with it.  If the private 

13    sector is not moving fast enough, we're going to 

14    create an option where the Power Authority can 

15    help get us there.  

16                 Now, to answer your specific 

17    question about whether they're equipped to do 

18    this, of course they're equipped to do this.  

19    Almost all the renewable energy that's being 

20    produced in New York State right now is being 

21    produced by the Power Authority.  They're already 

22    doing it, and they're doing it 50 percent cheaper 

23    than other electricity that's being produced 

24    around the state.  Which ultimately means savings 

25    to the ratepayers.


                                                               4776

 1                 Now, if you want to sit there and 

 2    protect profits for the private power producers, 

 3    you can do that --

 4                 SENATOR O'MARA:   This has nothing 

 5    to do with --

 6                 (Overtalk.)

 7                 SENATOR GIANARIS:   I'm answering -- 

 8    I'm answering -- I'm answering your question.  

 9    Let me finish, Senator O'Mara.  

10                 ACTING PRESIDENT MAYER:   Senator 

11    O'Mara, let him finish the question, please.

12                 SENATOR GIANARIS:   Okay?  If you 

13    want to do that, of course that's your right to 

14    do that.  I want to sit here and (A) protect the 

15    environment, (B) protect ratepayers.  And this is 

16    a way to do that.

17                 SENATOR O'MARA:   Through you, 

18    Madam President, if the Senator will continue to 

19    yield.

20                 ACTING PRESIDENT MAYER:   Do you 

21    continue to yield?  

22                 SENATOR GIANARIS:   Definitely.  

23                 ACTING PRESIDENT MAYER:   The 

24    Senator yields.

25                 SENATOR O'MARA:   Senator Gianaris, 


                                                               4777

 1    are you aware that it's been over 15 years since 

 2    the Power Authority has built a power generating 

 3    facility?

 4                 SENATOR GIANARIS:   I do, because 

 5    one of them is in my district and this bill also 

 6    requires that to be phased out.  So I'm really 

 7    glad that that's in this bill also.

 8                 SENATOR O'MARA:   Through you, 

 9    Madam President, if the sponsor will continue to 

10    yield.

11                 ACTING PRESIDENT MAYER:   Do you 

12    continue to yield?  

13                 SENATOR GIANARIS:   I do.

14                 ACTING PRESIDENT MAYER:   The 

15    sponsor yields.

16                 SENATOR O'MARA:   Are you familiar, 

17    Senator Gianaris, with the Charge New York 

18    program that required the Power Authority to 

19    build out, starting in 2013, 3,000 electric 

20    vehicle charging stations across the state and 

21    then updated to require 10,000 electric vehicle 

22    charging stations to be put in the field by 2018 

23    across the state?  And are you aware that as of 

24    April 4th of this year, in a Comptroller DiNapoli 

25    report, that the Power Authority had only put in 


                                                               4778

 1    place 277 of those such charging stations?

 2                 SENATOR GIANARIS:   I am.

 3                 SENATOR O'MARA:   Through you, 

 4    Madam President, if the Senator will yield.

 5                 ACTING PRESIDENT MAYER:   Do you 

 6    continue to yield?  

 7                 SENATOR GIANARIS:   I do.

 8                 ACTING PRESIDENT MAYER:   The 

 9    Senator yields.

10                 SENATOR O'MARA:   So of the 13,000 

11    required electric vehicle charging stations 

12    required under laws passed by this Legislature -- 

13    I don't know what percentage 277 is, but it's a 

14    pretty small percentage of what they've actually 

15    achieved of what they were charged to do.  Yet 

16    now we want to have them build new power plants 

17    and expect them to do it efficiently?  

18                 SENATOR GIANARIS:   I'm confused, 

19    Senator O'Mara, with whether you think this bill 

20    will destroy the private market or will 

21    accomplish nothing.  Pick one.  Because on the 

22    one hand you said they're going to take over the 

23    market and produce everything, driving the 

24    private sector out of the business, and now 

25    you're telling me they can't do even the stuff 


                                                               4779

 1    they've been asked to do.  

 2                 So yes, they have not moved fast 

 3    enough on what you're talking about, and I think 

 4    that's a problem.  It's why the bill also 

 5    contains a change to the governing structure of 

 6    the Power Authority so they can get the kick in 

 7    the rear that they need to get this stuff done.

 8                 SENATOR O'MARA:   Through you, 

 9    Madam President, if the Senator will yield.

10                 ACTING PRESIDENT MAYER:   Do you 

11    continue to yield?  

12                 SENATOR GIANARIS:   Yes.

13                 ACTING PRESIDENT MAYER:   The 

14    Senator yields.

15                 SENATOR O'MARA:   This bill has been 

16    around for -- since last year.  It never moved 

17    out of committee last year.  How many public 

18    hearings have been held throughout the state in 

19    regards to this change in the energy production 

20    marketplace in New York State?

21                 SENATOR GIANARIS:   I think -- and 

22    forgive me, because I'm not the chair of the 

23    committee or the sponsor of this bill directly.  

24                 But I know that when the CLCPA was 

25    passed in 2019, there were numerous public 


                                                               4780

 1    discussions around it, and part of those 

 2    discussions got into issues such as those that 

 3    this bill is addressing.

 4                 SENATOR O'MARA:   Through you, 

 5    Madam President, if the Senator will yield.

 6                 ACTING PRESIDENT MAYER:   Do you 

 7    continue to yield?  

 8                 SENATOR GIANARIS:   I do.

 9                 ACTING PRESIDENT MAYER:   The 

10    Senator yields.

11                 SENATOR O'MARA:   Was there any 

12    official public hearings held on this 

13    legislation?

14                 SENATOR GIANARIS:   I don't know.

15                 SENATOR O'MARA:   If the Senator 

16    will continue to yield.

17                 ACTING PRESIDENT MAYER:   Do you 

18    continue to yield?  

19                 SENATOR GIANARIS:   I do.

20                 ACTING PRESIDENT MAYER:   The 

21    Senator yields.

22                 SENATOR O'MARA:   You're not the 

23    sponsor of this bill.  The chairman of the Energy 

24    Committee is.  And he's not available to debate 

25    this bill today, yet we're still ramming it 


                                                               4781

 1    through.

 2                 Are you on the Energy Committee 

 3    Senator Gianaris?

 4                 SENATOR GIANARIS:   I am.  I am an 

 5    ex officio member of every Senate committee as 

 6    the Deputy Majority Leader.  Thank you for 

 7    asking.

 8                 (Laughter.)

 9                 SENATOR O'MARA:   You got me there.  

10    You got me there.

11                 (Laughter.)

12                 SENATOR O'MARA:   Madam President, 

13    will the Senator continue to yield.

14                 ACTING PRESIDENT MAYER:   Do you 

15    continue to yield?  

16                 SENATOR GIANARIS:   I do.

17                 ACTING PRESIDENT MAYER:   The 

18    Senator yields.

19                 SENATOR O'MARA:   As an ex officio 

20    member of the Energy Committee and every 

21    committee in the State Senate, are you empowered 

22    with a vote on the Energy Committee?

23                 SENATOR GIANARIS:   No.

24                 SENATOR O'MARA:   Through you, 

25    Madam President, if the Senator will continue to 


                                                               4782

 1    yield.

 2                 ACTING PRESIDENT MAYER:   Do you 

 3    continue to yield?  

 4                 SENATOR GIANARIS:   Yes.

 5                 ACTING PRESIDENT MAYER:   The 

 6    Senator yields.

 7                 SENATOR O'MARA:   There were seven 

 8    Energy Committee meetings in the last five months 

 9    in the Senate.  This bill was not brought up in 

10    any one of those meetings, so it was not approved 

11    by the Energy Committee, yet here it is on the 

12    floor of the Senate.  

13                 There's been no public hearings on 

14    this legislation that significantly alters the 

15    playing field for energy production in New York 

16    State.  This bill has been amended four times -- 

17    or three times since its initial introduction.  

18    No hearings, no Energy Committee meetings.  Can 

19    you comment on the process for how we got here 

20    today, and the lack of any public involvement, 

21    not even Senate committee involvement on this 

22    legislation?  

23                 SENATOR GIANARIS:   Senator O'Mara, 

24    you yourself just said this bill has been around 

25    for over a year.  There are requirements for how 


                                                               4783

 1    a bill comes to this floor for passage, and this 

 2    bill has met every such requirement.  In fact, we 

 3    don't even have a message of necessity, which 

 4    might accelerate it.  

 5                 So it's been aged the appropriate 

 6    amount of time which the Constitution requires 

 7    for the public to have full transparency about 

 8    what we're doing here today.  And you know this 

 9    because you've been here a long time and 

10    countless bills, when you were in the majority 

11    and when we're in the majority, have passed the 

12    exact same way.

13                 SENATOR O'MARA:   Does that make it 

14    right?  

15                 SENATOR GIANARIS:   It makes it 

16    compliant with all the requirements that we have 

17    before us.

18                 SENATOR O'MARA:   Through you, 

19    Madam President, if the Senator will continue to 

20    yield.

21                 ACTING PRESIDENT MAYER:   Do you 

22    continue to yield?

23                 SENATOR GIANARIS:   I do.

24                 ACTING PRESIDENT MAYER:   The 

25    Senator yields.


                                                               4784

 1                 SENATOR O'MARA:   While this bill 

 2    was introduced last year, it's gone through three 

 3    iterations this year.  It was amended on 

 4    April 25th, May 20th, and then again on May 27th.  

 5    None of those versions came through the 

 6    Energy Committee; is that right?

 7                 SENATOR GIANARIS:   Yeah, I suppose 

 8    that's right.

 9                 SENATOR O'MARA:   Through you, 

10    Madam President, if the Senator will continue to 

11    yield.

12                 ACTING PRESIDENT MAYER:   Do you 

13    continue to yield?  

14                 SENATOR GIANARIS:   Yes.

15                 ACTING PRESIDENT MAYER:   The 

16    Senator yields.

17                 SENATOR O'MARA:   Do you know 

18    roughly how much in annual property taxes are 

19    paid by the energy industry on their transmission 

20    lines and their generating projects?

21                 SENATOR GIANARIS:   I would ask the 

22    Senator if he is aware of how high the rates for 

23    electricity are in this state which are 

24    correlated to the expenses, including taxes, that 

25    these entities pay.


                                                               4785

 1                 SENATOR O'MARA:   Through you, 

 2    Madam President, if the Senator will yield.

 3                 ACTING PRESIDENT MAYER:   Do you 

 4    continue to yield?  

 5                 SENATOR GIANARIS:   I do.

 6                 ACTING PRESIDENT MAYER:   The 

 7    Senator yields.

 8                 SENATOR O'MARA:   Well, you know, 

 9    since you're so concerned about the ratepayers 

10    and the taxpayers in New York State, there's 

11    about $1.5 billion in property taxes paid 

12    annually to local governments.  

13                 As the Power Authority acquires or 

14    purchases existing facilities, what will happen 

15    to that local property tax?  And is the state, in 

16    this legislation, going to make up for that loss?

17                 SENATOR GIANARIS:   I often hear 

18    Senator O'Mara and his colleagues bemoan the high 

19    property taxes in this state because -- 

20    ostensibly because of their concern for the 

21    taxpayers in the state.

22                 One-third of electricity bills in 

23    this state are taxes.  So when a private company 

24    is paying property taxes, it's not the power 

25    company that's paying the property taxes.  It is 


                                                               4786

 1    the ratepayer that is paying those property 

 2    taxes.  

 3                 So if you want them to pay less in 

 4    property taxes, you should support this bill.

 5                 SENATOR O'MARA:   Through you, 

 6    Madam President, if the Senator will continue to 

 7    yield.

 8                 ACTING PRESIDENT MAYER:   Do you 

 9    continue to yield?

10                 SENATOR GIANARIS:   I do.

11                 ACTING PRESIDENT MAYER:   The 

12    Senator yields.

13                 SENATOR O'MARA:   Of that one-third 

14    of the utility bill that is currently taxes and 

15    other things on the bill, how much of that is 

16    just money being taken from the ratepayer to fund 

17    a variety of programs that the state has deemed 

18    important enough to make ratepayers pay for it 

19    rather than the state itself?  

20                 SENATOR GIANARIS:   Are you asking, 

21    Senator, how much beyond the one-third that's 

22    taxes --

23                 SENATOR O'MARA:   Yes.

24                 SENATOR GIANARIS:   -- is going for 

25    those things?  


                                                               4787

 1                 SENATOR O'MARA:   Or are those 

 2    things included in that tax number that you 

 3    mentioned?

 4                 SENATOR GIANARIS:   No, those 

 5    additional charges are not in the one-third I was 

 6    referring to.

 7                 SENATOR O'MARA:   So through you, 

 8    Madam President, if the Senator will continue to 

 9    yield.

10                 ACTING PRESIDENT MAYER:   Do you 

11    continue to yield?  

12                 SENATOR GIANARIS:   I do.

13                 ACTING PRESIDENT MAYER:   The 

14    Senator yields.

15                 SENATOR O'MARA:   So these 

16    additional charges on everybody's utility bill, 

17    they go for a variety of things -- energy 

18    efficiency, renewable portfolio standard, systems 

19    benefit charge, 18A -- that roughly equate to 

20    another 20 -- roughly close to 20 -- between 15 

21    and 20 percent of a ratepayer's utility bill.

22                 SENATOR GIANARIS:   Is that a 

23    question or a statement?  

24                 SENATOR O'MARA:   Do you agree with 

25    that?  


                                                               4788

 1                 SENATOR GIANARIS:   Do I agree with 

 2    that.  I think there -- I don't know if the 

 3    number is that high.  There are some additional 

 4    charges for things that I believe ultimately are 

 5    intended to reduce rates over time.

 6                 But this bill has nothing to do with 

 7    any of that.  What we're talking about here -- 

 8    and you brought us into this subject by talking 

 9    about the taxes that are paid by the private 

10    power producers that the Power Authority would 

11    not have to pay.  

12                 And I am saying to you that a huge 

13    portion of ratepayers' bills is directly related 

14    to those taxes.  And so I would think you would 

15    want to support an entity that doesn't have to 

16    pay those taxes and therefore doesn't have to 

17    pass that along to the ratepayers, so they can 

18    save money.  Apparently you're more interested in 

19    protecting the private power industry than the 

20    ratepayer.

21                 SENATOR O'MARA:   Through you, 

22    Madam President, if the Senator will continue to 

23    yield.

24                 ACTING PRESIDENT MAYER:   Do you 

25    continue to yield?  


                                                               4789

 1                 SENATOR GIANARIS:   I do.

 2                 ACTING PRESIDENT MAYER:   The 

 3    Senator yields.

 4                 SENATOR O'MARA:   I have no interest 

 5    in protecting the profits of the big bad energy 

 6    companies that you talk about.  Yet this 

 7    legislation is going to completely change the 

 8    playing field of the competitiveness of the 

 9    independent power generating market in New York 

10    State.  

11                 I guess just on the bill, 

12    Madam President.

13                 ACTING PRESIDENT MAYER:   Senator 

14    O'Mara on the bill.

15                 SENATOR O'MARA:   This is not 

16    about -- this is not about lowering rates for 

17    ratepayers as the Senator likes to point out.  

18    There are so many taxes and fees on utility 

19    bills, if they really wanted lower rates, this 

20    Legislature would be doing something about that.  

21    But it does not.

22                 For 15 years this state has had a 

23    competitive marketplace, an open marketplace for 

24    power producers, for transmission providers, with 

25    everything being approved by the Public Service 


                                                               4790

 1    Commission through long, drawn-out processes.  As 

 2    we just saw with the two most recent transmission 

 3    lines of Clean Path and Champlain-Hudson, all of 

 4    which end up foisting big charges upon 

 5    ratepayers' bills.  

 6                 This legislation is going to take 

 7    away competitiveness in this marketplace, which I 

 8    believe in an open market, a free market economy, 

 9    competitiveness is a good thing, competing 

10    against each other, businesses.  Yet we're going 

11    to interject a state-owned utility into this 

12    marketplace to produce power with a significant 

13    unfair advantage.  No property taxes.  That's 

14    great, let's eliminate property taxes on all of 

15    the power producers in this state, and then the 

16    ratepayers will have a big savings of their -- on 

17    their bills that the Senator claims to be so 

18    concerned about.

19                 If we were so concerned about the 

20    ratepayers, why does this legislation in its 

21    latest version four days ago put in language to 

22    appease labor unions to require prevailing wages 

23    to be paid, which will drive up the cost of these 

24    projects even further?  

25                 You know, affordable housing 


                                                               4791

 1    projects in this state are exempted from 

 2    prevailing wage requirements because it impacts 

 3    the affordability of those projects by driving up 

 4    costs.  And that's being interjected in this 

 5    legislation, which will further exacerbate rates 

 6    for ratepayers.

 7                 This is putting a state-owned 

 8    utility with a completely unfair advantage in a 

 9    marketplace that has been open for 15 years under 

10    significant decisions that were made in this 

11    state through the Public Service Commission 15 or 

12    so years ago.  And that was -- I remember it, it 

13    was a long, several years long process to go 

14    through it.  There were hearings, there were 

15    debates, it was all over the place.  

16                 Yet now we're going to completely 

17    up-end that with this legislation, give an unfair 

18    advantage to a state-owned-and-operated facility 

19    that has shown its unwillingness to comply with 

20    even the simplest demands of Charge New York and 

21    supposedly, over the past nine years, was 

22    supposed to have produced 13,000 electrical 

23    vehicle charging stations.  They've created 277 

24    of those, according to Comptroller DiNapoli's 

25    report of February of this year.


                                                               4792

 1                 I would submit that the 

 2    Power Authority is neither equipped to take on 

 3    this type of marketplace activity, they're not 

 4    competent to take it on, and it's going to result 

 5    in a disarray of our marketplace at a time when 

 6    we need to be encouraging clean energy 

 7    development.  

 8                 You know, the Senator would like to 

 9    believe -- everyone to believe that we don't care 

10    about the climate.  We care about the climate, 

11    and we are realistic about the climate and what 

12    we can do about it and what goals can be met.  

13    The CLCPA and the Climate Action Council is 

14    taking absolutely no cost-benefit analysis of any 

15    of these projects or what the impacts are going 

16    to be to ratepayers by doing these things.  

17    There's little to no consideration being given to 

18    reliability of the electrical grid to provide the 

19    electricity that our citizens of New York need.  

20                 The direction of this state and the 

21    Don Quixote-style goals that we have are going to 

22    lead us into a situation of more expensive 

23    energy, less reliable energy, and we're not going 

24    to meet the goals anyways.  And even if we do, 

25    what is the benefit of it to New Yorkers?  


                                                               4793

 1                 And contrary to what the Senator 

 2    alleges is my and my colleagues' concerns, we are 

 3    concerned about these issues and we are 

 4    interested in moving forward on our clean energy 

 5    in New York State and improving our environment 

 6    in a rational, comprehensive and realistic 

 7    approach that will help us meet those needs.  

 8                 We are in the process, through the 

 9    Climate Action Council.  We're going to flip our 

10    peak energy demand for electricity from an August 

11    date for running air-conditioning to a February 

12    date, heating everything.  And without 

13    reliability of this system, which is being 

14    ignored completely by the process, we will have 

15    brownouts and power shortages in the middle of 

16    winter when people need heat the most.  

17                 Then you'll come back and complain 

18    when your housing projects don't have heat in the 

19    winter.  Your constituents aren't going to be 

20    happy with that, I can guarantee you.

21                 You can go without air-conditioning 

22    for a little while in the summer, and that's not 

23    great either.  It's not as bad as going without 

24    heat in the middle of winter, without other 

25    electric and lighting in the middle of winter.


                                                               4794

 1                 This -- this legislation that 

 2    totally changes the marketplace for energy 

 3    generation in New York State, interjects 

 4    communism into this marketplace in New York 

 5    State.  I'm sure it's -- that's all well and good 

 6    with your Democrat Socialists of America 

 7    constituencies that you're representing here.  

 8    But it's not going to be good for the ratepayers 

 9    of New York State when the rates go up, the 

10    lights go out, and the heat goes off.

11                 We are doing this with absolutely no 

12    public input whatsoever.  We have no position or 

13    input from the New York Power Authority as to 

14    whether they even are interested in doing this, 

15    whether they have the capacity to do it or not -- 

16    and I can tell you from their track record they 

17    do not.  And we're putting at risk the entire 

18    energy generating system in New York State on 

19    this.

20                 So it is just not well thought out.  

21    It's going to raise costs.  It's unfair 

22    competition in an open competitive marketplace at 

23    this point.  And it's a process that has not had 

24    a public hearing.  It's a process where this 

25    legislation was not even considered by the 


                                                               4795

 1    Energy Committee of the New York State Senate 

 2    this year, despite having had seven meetings in 

 3    the last five months.  Yet this bill miraculously 

 4    appears on the floor today, the second-to-last 

 5    day of session.  As so many bills do, I'll agree 

 6    with Senator Gianaris on that.  

 7                 It's wrong, it's not a due process, 

 8    it's not an open process, it's not a public 

 9    process, which is the way governing through a 

10    state legislature should be.  But we don't do it 

11    that way around here.  We're just going to ram 

12    this through, last minute, and it's going to get 

13    done because it's on the floor, so it's going to 

14    pass.  The consequences will be real.

15                 Thank you, Madam President.

16                 ACTING PRESIDENT MAYER:   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 8.  This 

22    act shall take effect immediately.

23                 ACTING PRESIDENT MAYER:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               4796

 1                 ACTING PRESIDENT MAYER:   Senator 

 2    Brisport to explain his vote.

 3                 SENATOR BRISPORT:   Thank you, 

 4    Madam President.  

 5                 You know, this week many of my 

 6    former students are graduating from middle 

 7    school.  I find myself thinking a lot about the 

 8    amazing human beings they're becoming and the 

 9    extraordinary things I know they're capable of.  

10    But then I am forced to wonder how much climate 

11    devastation will they face before they even get a 

12    chance to graduate high school, before they even 

13    graduate college.  How much of New York will be 

14    left standing for them?  How much will their 

15    health suffer?  How long will they survive the 

16    absolute climate catastrophe that we are headed 

17    for?  

18                 So I want to remind everyone that 

19    their futures are being robbed from them -- not 

20    by accident, not by unavoidable circumstances, 

21    but as the known, inherent outcome of capitalism.  

22    We have created an economic system in which our 

23    energy comes from private corporations which are 

24    legally obligated to prioritize their own profits 

25    over the future and survival of New York.  This 


                                                               4797

 1    is capitalism functioning exactly as it was 

 2    designed to.

 3                 We cannot change this outcome 

 4    without undoing the system that is creating it, 

 5    and we must do so rapidly.  This bill is a 

 6    wonderful step in the right direction.  It is a 

 7    reminder that we in this room are responsible for 

 8    the devastation our capitalist energy sector is 

 9    causing, so long as we allow it to continue, and 

10    that we in this room are also responsible for 

11    ensuring that every one of our constituents has 

12    access to the basic energy needed for a healthy, 

13    stable life.

14                 But most importantly, this bill is a 

15    reminder that we in this room can choose to 

16    protect the future of New York and all of its 

17    children, that we can build a new system that 

18    puts energy production and distribution 

19    democratically in the hands of the people so that 

20    their lives can be prioritized over corporate 

21    profits.  Let us honor that, not only by passing 

22    this bill today, but by committing to passing 

23    public power with the urgency that the climate 

24    crisis demands.  

25                 For the sake of every New Yorker, 


                                                               4798

 1    and most especially for New York's children, I 

 2    proudly vote aye on this bill.

 3                 ACTING PRESIDENT MAYER:   Senator 

 4    Brisport to be recorded in the affirmative.

 5                 Senator Jackson to explain his vote.

 6                 SENATOR JACKSON:   Madam President 

 7    and my colleagues, I rise to support the S6453C 

 8    New York State Build Public Renewables Act.  

 9                 And I came in as a result of hearing 

10    the discussion between my colleagues, both 

11    Senator Gianaris and Senator O'Mara.  This is an 

12    important issue, and I remember when 

13    Governor Cuomo signed into law at Fordham Law 

14    School the CLCPA, and there were activists 

15    outside saying, No, 2050 is too late.  And they 

16    were advocating for 2030.  And you know one 

17    thing?  And I supported them in that.  And that's 

18    why I stood with people yesterday in order to 

19    move forward and -- moving this bill forward.

20                 The New York State Build Public 

21    Renewables Act enables the New York Power 

22    Authority to own and build new renewable energy 

23    generation, storage and transmission, and to 

24    provide renewable energy to all state-owned 

25    property by 2030 and municipal property by 2035.  


                                                               4799

 1                 That's a goal that we must achieve.  

 2    It lays the groundwork for 100 percent renewable, 

 3    democratically controlled -- as my colleague 

 4    indicated, not communist but, you know, 

 5    Democrats.  And I'm sorry I didn't -- and it lays 

 6    the groundwork for the 100 percent renewable, 

 7    democratically controlled, publicly owned energy 

 8    system New York needs in order to meet the goals 

 9    of the landmark Climate Leadership and Community 

10    Protection Act and lead the nation on climate.  

11                 The New York Power Authority is the 

12    largest publicly owned utility in the country and 

13    has proven itself by providing the most 

14    affordable energy in New York State.  

15                 This bill will put the massive and 

16    important prospect of converting our electrical 

17    grid to renewable energy and delivering on the 

18    climate and equity goals of the CLCPA in capable 

19    hands.

20                 Madam President, I have faith in the 

21    fact that activists have been fighting for this 

22    for a long time, and I don't want to leave it in 

23    the hands of all private ownership where, as my 

24    colleague indicated, their primary goal and 

25    objectives is to do deal with their shareholders.


                                                               4800

 1                 I vote aye, Madam President.

 2                 ACTING PRESIDENT MAYER:   Senator 

 3    Jackson to be recorded in the affirmative.

 4                 Senator Lanza to explain his vote.

 5                 SENATOR LANZA:   Thank you, 

 6    Madam President, to explain my vote.  

 7                 You know, for all those who hate the 

 8    energy sector, it's still a free country.  You're 

 9    free to go home and turn off your lights, get rid 

10    of your refrigerator, never get in a car, don't 

11    board a plane, don't turn on the heat, don't use 

12    an air-conditioner.  You can do that.  And you 

13    should do that if that's what you believe.

14                 You know, energy, air pollution, 

15    water pollution -- this is serious stuff.  And 

16    what this bill proves to me is that New York 

17    State has no plan.  The Governor wants to throw 

18    bills out there and goals out there and virtue 

19    signal and act like she's doing something about 

20    the environment, but the bottom line is that a 

21    serious issue like this deserves more than a 

22    piecemeal approach.  And that's what this is.  

23                 The fact of the matter is New York 

24    State does not have an energy plan.  All the 

25    experts are saying that as early as this summer, 


                                                               4801

 1    there are going to be rolling power outages.  

 2    It's not fun when it's 90 degrees and you can't 

 3    turn the air-conditioner on.  It's not fun, as 

 4    Senator O'Mara said, when it's 15 degrees and you 

 5    can't turn the heat on.  And that's what's coming 

 6    our way because folks like Governor Hochul like 

 7    to say that she's doing something about 

 8    transitioning from fossil fuel to other sources 

 9    of fuel, but there's really no plan.  And the 

10    grid is not going to be able to handle it right 

11    now.

12                 And I say to you, Madam President, 

13    to my colleagues here, if you want to guarantee 

14    that we will not meet the clean energy goals that 

15    we as citizens of New York require, if you want 

16    to ensure that we never get there, put the 

17    government in charge.  And that's what this bill 

18    does.  

19                 Madam President, I will vote no.

20                 ACTING PRESIDENT MAYER:   Senator 

21    Lanza to be recorded in the negative.

22                 Senator Salazar to explain her vote.

23                 SENATOR SALAZAR:   Thank you, 

24    Madam President.

25                 The passage of the Build Public 


                                                               4802

 1    Renewables Act today is a momentous achievement 

 2    for our state.  We are taking a bold step that is 

 3    absolutely necessary to confront and mitigate the 

 4    climate crisis.

 5                 We cannot continue to leave our 

 6    response to the climate crisis in the hands of 

 7    profit-seeking private corporations.  Because of 

 8    this bill, the New York Power Authority will be 

 9    able to scale up renewable energy generation much 

10    faster and more efficiently to help fulfill the 

11    commitments of the CLCPA.  

12                 This bill also will tremendously 

13    benefit New Yorkers and our state economy by 

14    creating tens of thousands of high-quality green 

15    jobs.

16                 In environmental justice communities 

17    across the state, residents are especially 

18    vulnerable to the devastating impacts of climate 

19    change.  We see those impacts in my Brooklyn 

20    district where the industrial history of 

21    Greenpoint and Williamsburg is bound to 

22    Brooklyn's environmental challenges today, 

23    including a toxic Superfund side and some of the 

24    highest asthma rates in the state.  

25                 The BPRA marks a victory for working 


                                                               4803

 1    people and a turning point in the fight for 

 2    climate justice.  We are acting to reduce our 

 3    reliance on fossil fuels and building a publicly 

 4    accountable infrastructure that will protect our 

 5    environment and the lives of New Yorkers for 

 6    generations.  

 7                 I vote aye.

 8                 ACTING PRESIDENT MAYER:   Senator 

 9    Salazar to be recorded in the affirmative.

10                 Senator Borrello to explain his 

11    vote.

12                 SENATOR BORRELLO:   Thank you, 

13    Madam President.

14                 I've listened to a lot of 

15    consternation on how rapidly the climate is 

16    changing, are we going to have any New York left 

17    in a few years, and the desire, the need, the 

18    crisis that we have to convert to green energy.  

19                 But I have some unfortunate news for 

20    you all.  New York State's actually going 

21    backwards.  Because, you see, we've shut down 

22    natural gas power plants, we've shut down clean 

23    coal, we've shut down nuclear.  And what have we 

24    done?  We've spent about a half a billion dollars 

25    to run transmission lines to some of the dirtiest 


                                                               4804

 1    coal plants in the United States, like Homer 

 2    City, Pennsylvania.  Homer City, Pennsylvania, an 

 3    old-fashioned 1950s coal plant, is belching more 

 4    and more greenhouse gases, more and more 

 5    pollution into the air to supply New York City 

 6    with more electricity.  

 7                 Now, ladies and gentlemen, I have a 

 8    plan for you, because this is a crisis.  Shut 

 9    down those transmission lines tomorrow.  Call the 

10    Governor, shut them all down.  Turn off the 

11    lights in Times Square, turn off your 

12    air-conditioners, don't plug in your electric 

13    car, because this is a crisis.

14                 This is a shell game.  New York 

15    State is not doing anything about this.  The 

16    0.4 percent in greenhouse gas emissions that we 

17    have that we account for in the world -- because 

18    this is global climate change.  So how is 

19    producing dirty energy in Pennsylvania to supply 

20    New York with power doing anything about global 

21    climate change?  It's not.  

22                 Okay, I can tell my wife I'm on a 

23    diet and eat salads in front of her, but if I've 

24    got a drawer full of candy bars in my office, it 

25    isn't going to work.  And that's basically the 


                                                               4805

 1    energy policy here in New York State.  So shut 

 2    down those transmission lines and let's see what 

 3    happens.  

 4                 I vote no.  Thank you.

 5                 ACTING PRESIDENT MAYER:   Senator 

 6    Borrello to be recorded in the negative.

 7                 Senator Krueger to explain her vote.

 8                 SENATOR KRUEGER:   Thank you, 

 9    Madam President.

10                 So we have fascinating debates on 

11    the floor, but I have to say this was one of the 

12    more amusing ones.  

13                 (Laughter.)

14                 SENATOR KRUEGER:   Which is amazing 

15    to me, because there is nothing amusing about 

16    this issue.  Yes, we have a real climate crisis.  

17    Hello.  Yes, we are behind where we should be.  

18    All agreed.  Yes, we need to do more things about 

19    it.  That's all this bill does.  

20                 It says our Power Authority, which 

21    does some things well and some things not so 

22    well, as it turns out, would be given the right 

23    to build new plants and expand our green energy.  

24    It's not making them do it.  It's not saying that 

25    State PSC doesn't still have authority over what 


                                                               4806

 1    happens.  

 2                 It does, as my colleague Senator 

 3    Gianaris did an excellent job of pointing out, 

 4    increase the possibility for competition, and the 

 5    possibility for competition does tend to motivate 

 6    decreased costs and motivate others in the 

 7    industry to hurry up and get it right because 

 8    otherwise somebody else might come along and do 

 9    it.

10                 And it's not communist.  There are 

11    places all over the country that have public 

12    energy companies.  So that is just absurd.  And 

13    for the record, the communist problem in this 

14    debate is that until we get it right in this 

15    country, we are dependent on gas and oil from 

16    communist countries like Russia, who we're now 

17    almost in World War III over because of our 

18    dependence on the products that they have that we 

19    don't want to use anymore and that we shouldn't 

20    be using, for smart foreign policy and to save 

21    the planet.

22                 And I also have to say I just am so 

23    tired of the meetings I've gone to or been 

24    brought to where people say we didn't figure it 

25    out yet, we don't have a solid plan, we shouldn't 


                                                               4807

 1    do anything now until we do.  Well, guess what, 

 2    people?  That's what we didn't do for the last 50 

 3    years.  That's why we're in this nightmare 

 4    situation.  

 5                 So individual proposals that help 

 6    move us towards the goalpost, great, bring them 

 7    on.  The more the merrier.  The ones that make 

 8    sense will happen.  The ones that don't make 

 9    sense, even if we pass them in both houses, won't 

10    really happen.

11                 But we need to be expanding our 

12    vision.  We need to be shrinking our timeline.  

13    And we need to be saying, anybody out there who's 

14    got a good idea for us, we're going to explore 

15    that here in New York.  And we're not really 

16    sweating whether it's a private company or a 

17    public one if they're going to get done what we 

18    need done.  

19                 I absolutely vote yes.  And I 

20    appreciate the humor that was offered to me this 

21    afternoon.  

22                 Thank you, Madam President.

23                 ACTING PRESIDENT MAYER:   Senator 

24    Krueger to be recorded in the affirmative.

25                 Senator Gianaris to explain his 


                                                               4808

 1    vote.

 2                 SENATOR GIANARIS:   Thank you, 

 3    Madam President.

 4                 At their best, debates in this 

 5    chamber pull the curtain back and really let the 

 6    public know where people stand and why they stand 

 7    there.  And I think the one we just had was very 

 8    revelatory.  In the course of the last half-hour, 

 9    or however long we've been talking about this 

10    bill, we have heard the Republican side of the 

11    aisle stand up for higher property taxes -- they 

12    want the private industry which pays these taxes 

13    which get passed on to the ratepayers to continue 

14    paying those higher taxes; lower wages for 

15    workers, because we heard them talk out against 

16    protections for workers and prevailing wage 

17    requirements as part of these jobs; more 

18    expensive energy bills, because the 

19    Power Authority produces energy about 50 percent 

20    cheaper than the private industry is currently 

21    producing them.  

22                 And in the name of what, defending 

23    whom?  We heard Senator O'Mara talk about an 

24    unfair advantage.  He kept saying that:  This is 

25    an unfair advantage, it's an unfair advantage.  


                                                               4809

 1    An unfair advantage against whom?  Not the 

 2    ratepayers, who would budget from this.  Not the 

 3    workers, who would benefit from this.  Against 

 4    the private power producers, who might have to 

 5    face some competition from a public entity.  

 6                 If you want to talk about 

 7    competition, competition is capped right now.  We 

 8    have an artificial barrier.  The Power Authority 

 9    is not allowed to produce more than a very 

10    limited number of renewable energy projects.

11                 So I heard the protestations that my 

12    colleagues do in fact care about the climate.  

13    But all that's been made clear to me is that they 

14    care about the climate for private companies to 

15    make more and more profits on the backs of the 

16    ratepayers of this state.  

17                 And if in fact -- because, you know, 

18    the other thing they love to do is fearmonger 

19    blackouts.  I've been hearing that for the 

20    20 years I've been in the State Legislature.  

21                 For those of you who are old enough 

22    to remember, we were -- the fear of 

23    California-style blackouts that were going to hit 

24    New York 20 years ago.  Which, by the way, is why 

25    the Power Authority built the peaker plants that 


                                                               4810

 1    we were promised would close three years ago and 

 2    they're still there 22 years after the fact.  In 

 3    fact, this bill would require those to close, 

 4    finally.

 5                 But let's take them at their word.  

 6    Let's assume they're really concerned about that.  

 7    Why, then, would you just not want to allow 

 8    another option for more power to be produced?  

 9    That's all this bill does.  It doesn't shut 

10    anybody down from doing their business.  It 

11    doesn't require the Power Authority to do 

12    anything, frankly.  It gives them the option, if 

13    we are falling short on our goals, to step in and 

14    produce more electricity.  To stop that would 

15    hinder our efforts to both prevent blackouts and 

16    improve the environment.  

17                 So listening to this debate, I can't 

18    for the life of me figure out anyone that 

19    benefits from your arguments other than the 

20    private power industry.  Not the climate, not the 

21    public, not the workers of this state, who would 

22    all benefit from this bill being passed.  

23                 And so I'm proud to stand and speak 

24    in favor of this bill.  I thank Senator Parker 

25    for introducing it.  Because this is moving us in 


                                                               4811

 1    the right direction.  It's moving us towards a 

 2    cleaner environment, a safer future, and one that 

 3    we're woefully behind in addressing.  

 4                 So thank you, Madam President.  

 5    Thank you to all my colleagues.  And I proudly 

 6    vote yes.

 7                 ACTING PRESIDENT MAYER:   Senator 

 8    Gianaris to be recorded in the affirmative.

 9                 Announce the results.

10                 THE SECRETARY:   In relation to 

11    Calendar 1646, those Senators voting in the 

12    negative are Senators Akshar, Borrello, Boyle, 

13    Brooks, Gallivan, Gaughran, Griffo, Helming, 

14    Jordan, Kaminsky, Lanza, Mannion, Martucci, 

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

16    Ritchie, Serino, Stec, Tedisco and Weik.

17                 Ayes, 39.  Nays, 24.

18                 ACTING PRESIDENT MAYER:   The bill 

19    is passed.

20                 THE SECRETARY:   Pardon me.  Also 

21    Senator Savino.  

22                 Ayes, 38.  Nays, 25.

23                 ACTING PRESIDENT PERSAUD:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               4812

 1    1683, Senate Print 8837, by Senator Savino, an 

 2    act to amend the Public Health Law and the 

 3    Social Services Law.

 4                 ACTING PRESIDENT PERSAUD:   Senator 

 5    Borrello, why do you rise?

 6                 SENATOR BORRELLO:   Madam President, 

 7    would the sponsor yield for some unentertaining 

 8    questions?  

 9                 (Laughter.)

10                 ACTING PRESIDENT PERSAUD:   Will the 

11    sponsor yield?  

12                 SENATOR SAVINO:   Yes, 

13    Madam President.

14                 ACTING PRESIDENT PERSAUD:   The 

15    sponsor yields.

16                 SENATOR SAVINO:   -- making it 

17    unentertaining.

18                 SENATOR BORRELLO:   I'll try my 

19    best.

20                 Through you, Madam President.  

21    Senator Savino, I understand that this bill would 

22    essentially require that insurance companies that 

23    participate in programs like Child Health Plus, 

24    Medicaid, and in the pharmaceutical insurance 

25    coverage EPIC program, to require to supply 


                                                               4813

 1    medical marijuana to their -- to their pat -- not 

 2    patients.  What's the word I'm looking for?  To 

 3    their people.  

 4                 So with that said, can you just 

 5    explain to me what the -- why this bill is 

 6    needed?  

 7                 SENATOR SAVINO:   Thank you.  

 8    Through you, Madam President.  

 9                 So as you know, Senator Borrello, in 

10    2014 the State of New York became the 23rd state 

11    in the nation to adopt a medical cannabis 

12    program.  And we have created a tightly regulated 

13    model here in New York State.  In fact, it was 

14    the most tightly regulated in the country.  

15                 And over those seven years we've 

16    watched the program grow to the point where we 

17    now have 122,161 patients who are enrolled in the 

18    program as of May 1st of 2022.  Those patients 

19    are able to purchase medical cannabis at a 

20    dispensary that's licensed by the State of 

21    New York but, because of the restrictions that 

22    are placed on them, it's not considered a 

23    prescription, which is a federal term, as opposed 

24    to medication.  

25                 They are required to pay cash.  They 


                                                               4814

 1    cannot use a credit card, they're not allowed 

 2    to -- it's not covered by insurance.  It's an 

 3    incredibly expensive program largely because we 

 4    designed the program, we set the price for the 

 5    product, we taxed the product.  And for many 

 6    patients it's become a barrier.  

 7                 And so since that time there are now 

 8    39 states that have adopted medical cannabis, and 

 9    we feel that it is long past time for the State 

10    of New York to lead the way requiring minimally 

11    our Essential Plans and our Medicaid program to 

12    cover cannabis as a prescription drug 

13    reimbursable by Medicaid or Essential Plans.

14                 SENATOR BORRELLO:   Madam President, 

15    will the sponsor continue to yield?  

16                 ACTING PRESIDENT PERSAUD:   Will the 

17    sponsor yield? 

18                 SENATOR SAVINO:   Yes.

19                 ACTING PRESIDENT PERSAUD:   The 

20    Senator yields.

21                 SENATOR BORRELLO:   Thank you for 

22    that explanation.  

23                 So you brought up some important 

24    points that this is federally disallowed.  So 

25    we're trying to require local insurers to provide 


                                                               4815

 1    this, but obviously they can't, they're 

 2    restricted federally.  So I'm assuming the 

 3    state's going to pick up the tab.  

 4                 How is that going to work?  How is 

 5    this going to be funded?

 6                 SENATOR SAVINO:   So through you, 

 7    Madam President.  So up until now, the federal 

 8    government has taken somewhat of a hands-off 

 9    approach on cannabis.  They have not pursued any 

10    action against any state that has adopted a law 

11    within the four corners of their state.  

12                 So we believe that we'll be able to 

13    do this, requiring Medicaid programs and/or 

14    Essential Plan programs are operating through a 

15    commercial carrier to cover the cost of medical 

16    cannabis.

17                 In fact, in 2021 the state's 

18    Workers' Compensation Program recognized medical 

19    cannabis as an allowable medication and started 

20    reimbursing patients and carriers for the cost of 

21    providing medical cannabis.  So we believe that 

22    we'll be able to do that.  

23                 And again, within the four corners 

24    of our state, the federal government has not 

25    pursued action against New York State since the 


                                                               4816

 1    adoption of medical cannabis, nor any other of 

 2    the 38 other states that have adopted a program.

 3                 SENATOR BORRELLO:   Madam President, 

 4    will the sponsor continue to yield?

 5                 ACTING PRESIDENT PERSAUD:   Will the 

 6    sponsor yield?

 7                 SENATOR SAVINO:   Yes.

 8                 ACTING PRESIDENT PERSAUD:   The 

 9    sponsor yields.

10                 SENATOR BORRELLO:   So I appreciate 

11    that.  Essentially you're saying the FDA is not 

12    enforcing -- or the federal government's not 

13    enforcing any of their own rules at this point.  

14                 But that being said, you know, this 

15    is still a drug that's not approved by the FDA.  

16    So is there a precedent for that, basically, 

17    that -- for us to mandate the supply of a not 

18    federally approved drug?  

19                 SENATOR SAVINO:   Through you, 

20    Madam President, no.

21                 SENATOR BORRELLO:   Madam President, 

22    will the sponsor continue to yield?  

23                 ACTING PRESIDENT PERSAUD:   Does the 

24    sponsor yield?

25                 SENATOR SAVINO:   Yes.


                                                               4817

 1                 ACTING PRESIDENT PERSAUD:   The 

 2    Senator yields.

 3                 SENATOR BORRELLO:   So there's no 

 4    precedent for that.  So what are the risks, then?  

 5    And this is something that's never been done 

 6    before, then.

 7                 SENATOR SAVINO:   Through you, 

 8    Madam President.  Well, could you -- define the 

 9    risk that you're concerned about.  

10                 SENATOR BORRELLO:   Through you, 

11    Madam President.  Are you asking me to yield now?  

12                 SENATOR SAVINO:   Yeah.  Yes, I'm 

13    asking you to yield. 

14                 SENATOR BORRELLO:   Okay.  I think 

15    what the concern is is that if you've -- in other 

16    situations where I believe other states have 

17    tried to -- tried to mandate coverage for 

18    something that is not a federally FDA-approved 

19    drug -- I mean, you know, there are experimental 

20    drugs out there, there are things like that.  

21    It's my understanding that the courts have 

22    weighed in and said that, you know, you can't do 

23    that.

24                 So we're going to take essentially 

25    something that's not approved, we're going to 


                                                               4818

 1    mandate it for those insurance carriers that are 

 2    operating in New York State and supplying these 

 3    state-funded programs like Medicaid.  And we're 

 4    going to have to foot the bill as taxpayers, 

 5    essentially, to do that.  Because -- so isn't 

 6    there a risk in that?  Isn't there a risk 

 7    involved in that?  

 8                 SENATOR SAVINO:   Through you, 

 9    Madam President.  So right now our medical 

10    cannabis patients -- as I said, there are 

11    122,161 patients as of the beginning of this 

12    month -- they have a choice.  They can continue 

13    to participate in a legally adopted program that 

14    New York State regulates but we require them to 

15    pay cash for a medication that we have determined 

16    has value to them, their doctors have recommended 

17    to them.  

18                 Incidentally, we force them to pay 

19    sales tax on that.  We don't do that for any 

20    other medication, not even over-the-counter 

21    medication.

22                 Or, if they can't afford it, they 

23    can go back to the medications that are offered 

24    to them to deal with those same conditions that 

25    are FDA-approved and covered by every commercial 


                                                               4819

 1    carrier in the State of New York.  Things like 

 2    Oxycontin, things like benzodiazepines.  I could, 

 3    you know, run the gamut of them.  And they cost 

 4    all of those carriers billions of dollars in this 

 5    state as we speak.

 6                 So we believe that it is time for 

 7    New York State to lead the way on this issue.  

 8    Some state is going to have to force this issue.  

 9    I believe New York State is the one that should 

10    lead the way on this.

11                 SENATOR BORRELLO:   Madam President, 

12    will the sponsor continue to yield?

13                 ACTING PRESIDENT PERSAUD:   Does the 

14    sponsor yield?

15                 SENATOR SAVINO:   Yes.

16                 ACTING PRESIDENT PERSAUD:   The 

17    sponsor yields.

18                 SENATOR BORRELLO:   Thank you.  

19    Through you, Madam President.

20                 So I can understand what you're 

21    saying here, but my concern is, you know, 

22    New York is a very litigious state.  And we're 

23    talking about the state government paying -- 

24    mandating insurance companies and paying them to 

25    supply marijuana to a patient.


                                                               4820

 1                 Now, the American Heart Association 

 2    just recently came out and said that, you know, 

 3    there are heart risks to smoking marijuana.  What 

 4    would happen if, in this situation, the state has 

 5    essentially taken a substance that's still 

 6    illegal federally and we've let -- we've paid 

 7    someone on Medicaid -- or we've paid for someone 

 8    on Medicaid or any of the other programs to 

 9    ingest this by smoking it, and they get sick.  

10    They get cancer, they get heart disease.  

11                 And, you know, aren't we kind of 

12    creating a situation where we're opening up the 

13    state to liability, potentially?

14                 SENATOR SAVINO:   Through you, 

15    Madam President.  So, Senator Borrello, we're not 

16    expanding anything under the existing medical 

17    cannabis program except for who could potentially 

18    be responsible for paying for the cost of it.

19                 So since 2014, anywhere from one to 

20    122,000 patients have enrolled in this program.  

21    They have been able to access medical cannabis at 

22    a licensed retail dispensary that is licensed by 

23    the State of New York.  The product that is 

24    provided to them that is in a licensed dispensary 

25    that is licensed by the State of New York is 


                                                               4821

 1    tested, it is determined to be safe for human 

 2    consumption.  Not a single patient has been found 

 3    to have developed a single illness as a result of 

 4    utilizing that medical marijuana.  

 5                 So I don't see where covering the 

 6    cost of it would add any additional risk to that 

 7    patient.

 8                 SENATOR BORRELLO:   Madam President, 

 9    will the sponsor continue to yield?

10                 ACTING PRESIDENT PERSAUD:   Does the 

11    sponsor yield?

12                 SENATOR SAVINO:   Yes.

13                 ACTING PRESIDENT PERSAUD:   The 

14    sponsor yields.

15                 SENATOR BORRELLO:   I can understand 

16    and appreciate that response.  In fact, in 

17    Western New York we have the largest medical 

18    marijuana practice in the nation, actually.  And 

19    I've spoken with the doctor who heads that up, 

20    and he's explained a lot of good things to me 

21    that were really very enlightening, honestly.

22                 But my question, though, is right 

23    now those folks can choose, because they're 

24    paying out of their own pocket, do they want to 

25    ingest it as an edible, do they want to smoke it.  


                                                               4822

 1    But we're not supplying the money for them to do 

 2    it.  

 3                 Now if we so choose to do that, and 

 4    they choose to, you know, to medicate themselves 

 5    by smoking it, my question is aren't we kind of 

 6    putting ourselves in a liability situation where 

 7    now we've paid for them to essentially do 

 8    something that could be harmful to their health 

 9    also by smoking it?  And I think that's my 

10    concern, about the state's liability now that 

11    we're actually paying for and enabling it.  

12    Because, you know, we've got a lot of good 

13    lawyers around here.

14                 SENATOR SAVINO:   So through you, 

15    Madam President.  No, I don't believe the state 

16    would be incurring any additional liability, any 

17    more than we incur the liability if an individual 

18    becomes addicted to Oxycontin that's legally 

19    prescribed to them and dispensed by a pharmacy 

20    that's legally licensed in the State of New York.  

21                 There are millions of New Yorkers 

22    who have become addicted to legal, regulated 

23    drugs.  And they don't then turn around and sue 

24    the State of New York because their drugs were 

25    paid for by their Medicaid program or a 


                                                               4823

 1    commercial insurance carrier that's licensed by 

 2    the State of New York.  

 3                 SENATOR BORRELLO:   Madam President, 

 4    will the sponsor continue to yield?

 5                 ACTING PRESIDENT PERSAUD:   Does the 

 6    sponsor yield?

 7                 SENATOR SAVINO:   Yes.

 8                 ACTING PRESIDENT PERSAUD:   The 

 9    sponsor yields.

10                 SENATOR BORRELLO:   Whenever the 

11    government gets involved in paying for something, 

12    it tends to raise the price.  In fact, I think we 

13    can point to that -- you know, what you get 

14    charged for someone to administer an aspirin to 

15    you when you're in the hospital.  You know, 

16    over-the-counter aspirin.

17                 Is there any concern for the 

18    government now essentially subsidizing this at 

19    a -- I'm going to imagine a pretty high level, 

20    hundreds of millions of dollars a year, possibly, 

21    about that affecting the overall cost of this for 

22    people?  

23                 SENATOR SAVINO:   Through you, 

24    Madam President, there's nothing in the bill that 

25    would increase the cost of medical cannabis.  


                                                               4824

 1                 In fact, the price of medical 

 2    cannabis is dictated by the Office of Cannabis 

 3    Management.  Under the original bill, it was 

 4    dictated by the Department of Health.  As you 

 5    know, when the MRTA was passed last year, the 

 6    original program was subsumed into the Office of 

 7    Cannabis Management.  They set the price of 

 8    medical cannabis.  They will determine -- that 

 9    will not change.  We didn't -- nothing in this 

10    bill changes the price of medical cannabis.

11                 All we're asking is that Medicaid 

12    and/or Essential Plans that are administered in 

13    the State of New York by commercial carriers are 

14    able to cover the cost of the prescription and 

15    private commercial carriers, if they so choose, 

16    could cover this.  We're not requiring them to do 

17    it.  If they don't want to, they don't have to.  

18    Only Medicaid carriers and Essential Plan 

19    carriers.

20                 SENATOR BORRELLO:   Madam President, 

21    on the bill.

22                 ACTING PRESIDENT PERSAUD:   Senator 

23    Borrello on the bill.

24                 SENATOR BORRELLO:   Senator Savino, 

25    thank you very much.  Sorry I kept you here so 


                                                               4825

 1    late.

 2                 I have concerns with this on a 

 3    number of levels.  But I can tell you this.  When 

 4    the first states on the West Coast started 

 5    medical marijuana programs, I remember I was 

 6    actually in California and I saw a giant 

 7    billboard that says "Call Dr. Feelgood, and he'll 

 8    make sure you get a prescription for medical 

 9    marijuana."  Literally, Dr. Feelgood was the 

10    guy's name.

11                 And my concern is this.  I think 

12    that there are folks that will abuse this.  I 

13    think there are folks that have no medical need 

14    for medical marijuana, no true medical need, but 

15    they will find a doctor because they are on 

16    Medicaid that will write them a prescription, 

17    quote, unquote, because they'll now be able to 

18    get it for free.  

19                 So I think that's just not good 

20    because it's going to increase fraud.  Let's keep 

21    in mind that our Medicaid program is already 

22    riddled with fraud.  I've talked about it again 

23    and again -- you know, the $300, $400 taxi rides 

24    for non-emergency medical transportation, all the 

25    other things that we've seen that our Medicaid 


                                                               4826

 1    program -- has made our Medicaid program the 

 2    largest and most inefficient in the nation.  So 

 3    this is just one more step in that direction, 

 4    unfortunately.

 5                 So I understand that people do see 

 6    the benefits of medical marijuana.  Like I said, 

 7    one of the largest -- the largest, actually, in 

 8    the nation is in Western New York.  And people do 

 9    seem to have true benefits from having medical 

10    marijuana.  In fact, the biggest concern for the 

11    doctor who heads up the largest medical marijuana 

12    practice in the nation is that people are going 

13    to start self-medicating with recreational 

14    marijuana and not actually get the benefits, and 

15    also not get a pure product as well.

16                 So there's a lot of concerns out 

17    there about how this program may be impacted by 

18    the changes that we're making.  But most 

19    importantly, I just don't feel it's right that we 

20    can take a situation which really isn't 

21    regulated, where people could actually, on 

22    Medicaid, get access to free medical marijuana 

23    courtesy of the taxpayers.  And it's not like 

24    there's going to be a lot of stops or controls to 

25    ensure that those who aren't truly in a medical 


                                                               4827

 1    necessity for medical marijuana will be 

 2    prohibited from getting it.  

 3                 So for that reason, I cautiously 

 4    vote no.  Thank you.

 5                 ACTING PRESIDENT PERSAUD:   Thank 

 6    you.  

 7                 Senator Krueger on the bill.

 8                 SENATOR KRUEGER:   Thank you, 

 9    Madam President.  Would the sponsor yield for a 

10    question or two?  

11                 ACTING PRESIDENT PERSAUD:   Will the 

12    sponsor yield?

13                 SENATOR SAVINO:   Sure.

14                 (Laughter.)

15                 ACTING PRESIDENT PERSAUD:   The 

16    sponsor yields.

17                 SENATOR KRUEGER:   I know we're all 

18    so busy, but I was just double-checking.  Is the 

19    sponsor aware that the FDA has approved several 

20    medical marijuana products already and has quite 

21    a few others undergoing clinical trials but 

22    they've already been approved in Canada and the 

23    United Kingdom?  

24                 SENATOR SAVINO:   Yes.

25                 SENATOR KRUEGER:   Thank you.  Just 


                                                               4828

 1    one more follow-up question if you don't mind, 

 2    Madam President.

 3                 ACTING PRESIDENT PERSAUD:   Does the 

 4    sponsor yield?

 5                 SENATOR SAVINO:   Yes, 

 6    Madam President.

 7                 ACTING PRESIDENT PERSAUD:   The 

 8    sponsor yields.  

 9                 SENATOR KRUEGER:   And is the 

10    sponsor aware that the NIH has also done several 

11    studies concluding that in states with access to 

12    medical marijuana there are lower rates of opioid 

13    addiction and opioid overdose deaths?  

14                 SENATOR SAVINO:   Yes, 

15    Madam President.  

16                 SENATOR KRUEGER:   Thank you.  I 

17    want to thank the sponsor for her answers.  

18                 I frankly think this bill is so many 

19    years overdue.  We have seen thousands of 

20    research studies showing that cannabis overall is 

21    safe.  And happily, now that so many states have 

22    been legalizing both medical and recreational, we 

23    now finally have a federal government who's 

24    willing to do the research we've been begging 

25    them to do for years, which is find out for us, 


                                                               4829

 1    do these things work.  

 2                 And the answer apparently, from 

 3    other nations that we respect and now finally 

 4    from our own FDA and National Institute of 

 5    Health, is yes, our research is showing these 

 6    also work.  

 7                 And my colleague was concerned about 

 8    the safety; I get it.  And the purity, I get it.  

 9    They stand a much better change of getting 

10    exactly the product they asked for and needed 

11    through a medical marijuana dispensary rather 

12    than just going out and buying marijuana through 

13    recreational.  Because we have standards and 

14    rules about the marijuana products, the cannabis 

15    products sold through our medical program.  They 

16    will have to be approved and regulated for 

17    safety, because that's the deal already in our 

18    medical marijuana program.  

19                 This is just about making sure that 

20    patients who need these products and have been 

21    told by their doctors, These can be helpful, 

22    these are far less dangerous than other drugs I 

23    could be prescribing to you -- we're just trying 

24    to make them affordable for people.  

25                 And I don't think there's anyone in 


                                                               4830

 1    this room that doesn't really understand the 

 2    importance of making drugs that work and are 

 3    available, accessible to people, and not limit 

 4    them because they're not the ones with that much 

 5    money.

 6                 So I proudly vote yes.  And I want 

 7    to thank the sponsor for her hard work in 

 8    bringing this to the floor.

 9                 ACTING PRESIDENT PERSAUD:   Are 

10    there any other Senators wishing to be heard?

11                 SENATOR SAVINO:   Thank you, 

12    Madam President.

13                 ACTING PRESIDENT PERSAUD:   Senator 

14    Savino on the bill.

15                 SENATOR SAVINO:   I would like to 

16    thank Senator Krueger.  She did take some of my 

17    talking points.  

18                 And I would also like to thank 

19    Senator Borrello for the lively debate.  He did 

20    bring up some, I think, important questions about 

21    this.  

22                 As I said, seven years after -- it's 

23    almost eight years.  Seven years after the 

24    creation of our medical cannabis program, we are 

25    still growing, no pun intended.  It's been a 


                                                               4831

 1    struggle, and it's largely because the federal 

 2    government continues to suffer from what I call 

 3    the worst case of cognitive dissonance I've ever 

 4    seen.  

 5                 You have now 39 states that have 

 6    medical cannabis programs, 11 or 12 states and 

 7    counting that have moved on to adopt adult use, 

 8    and yet the federal government refuses to move 

 9    forward on either the legalization of medical 

10    cannabis or recognizing that we are creating a 

11    50-state solution to this problem, which is 

12    absurd.  It's a problem for doctors, it's a 

13    problem for patients, it's a problem for 

14    legislators across the country.

15                 But what we're trying to do here in 

16    New York State is address an issue that really 

17    just affects patients.  We created a program 

18    because we recognized that patients in New York 

19    State who were suffering from chronic and 

20    debilitating conditions could benefit from 

21    something that had been determined to be helpful 

22    to patients in other parts of the country and in 

23    other parts of the world.  

24                 We then set up barriers to those 

25    very same patients, financial barriers and 


                                                               4832

 1    geographic barriers.  And we then spent the next 

 2    seven years trying to overcome those barriers, 

 3    adding back conditions that were originally taken 

 4    out from the first bill -- expanding the size of 

 5    the program, expanding who could participate in 

 6    the program, expanding the type of providers who 

 7    could engage in the program.  

 8                 But the one thing that got in the 

 9    way over and over and over for patients was the 

10    cost, which is extraordinarily high compared to 

11    the black market.  And when it becomes easier for 

12    patients to go out into the street to buy it on 

13    the black market than it is to walk into a legal 

14    dispensary, we need to do something.  Because 

15    when they walk into a legal dispensary in 

16    New York they can do so with confidence that they 

17    know the product has been tested, there's no 

18    pesticides in it, it's safer for their use.  

19                 But we created such high barriers 

20    for them with the cost.  Not only is the cost too 

21    high, but then we added insult to injury and we 

22    required them to pay sales tax.  We don't pay 

23    sales tax in New York State on any medication -- 

24    not Advil, not Tylenol, not codeine over the 

25    counter, nothing.  But we do on medical cannabis.  


                                                               4833

 1    It's unfair for patients.  

 2                 So I said this before, we have 

 3    122,161 patients right now.  You know how many of 

 4    them drop out on a regular basis because they 

 5    cannot continue to participate?  This bill will 

 6    help those patients, because they either have one 

 7    of two choices.  They can find a way to buy it on 

 8    the street when they can't buy it legally, or 

 9    they can go back to the things that they know 

10    will ruin their lives.  Oxycontin, 

11    benzodiazepine, Vicodin, Percocet -- all of those 

12    dangerous, highly addictive drugs that the FDA 

13    has approved over and over.

14                 So will the federal government say 

15    what we're doing here is right?  I don't know.  

16    But it wouldn't be the first time we challenged 

17    the federal government.  And maybe, maybe this 

18    time they'll listen.  

19                 I vote in the affirmative, 

20    Madam President.

21                 ACTING PRESIDENT PERSAUD:   Thank 

22    you, Senator.

23                 Are there any other Senators wishing 

24    to be heard?

25                 Seeing and hearing none, the debate 


                                                               4834

 1    is closed.  The Secretary will ring the bell.

 2                 Read the last section.

 3                 THE SECRETARY:   Section 3.  This 

 4    act shall take effect on the first of April.

 5                 ACTING PRESIDENT PERSAUD:   Call the 

 6    roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT PERSAUD:   Announce 

 9    the results.

10                 THE SECRETARY:   In relation to 

11    Calendar 1683, those Senators voting in the 

12    negative are Senators Borrello, Gallivan, Jordan, 

13    Oberacker, Ortt, Palumbo, Rath, Stec and Tedisco.

14                 Ayes, 54.  Nays, 9.

15                 ACTING PRESIDENT PERSAUD:   The bill 

16    is passed.

17                 The Secretary will read.

18                 THE SECRETARY:   Calendar Number 

19    1748, Senate Print 4104A, by Senator Breslin, an 

20    act to amend the General Business Law.

21                 ACTING PRESIDENT PERSAUD:   Senator 

22    Palumbo, why do you rise?

23                 SENATOR PALUMBO:   Thank you, 

24    Madam President.  Would the sponsor yield for a 

25    few questions, please.  


                                                               4835

 1                 ACTING PRESIDENT PERSAUD:   Will the 

 2    sponsor yield?  

 3                 SENATOR THOMAS:   Thank you.  

 4    Through you, Madam President, it depends on how 

 5    interesting the questions are.

 6                 (Laughter.)

 7                 ACTING PRESIDENT PERSAUD:   Will the 

 8    sponsor yield?

 9                 SENATOR THOMAS:   Yes.  Yes.  

10                 ACTING PRESIDENT PERSAUD:   The 

11    sponsor yields.

12                 SENATOR PALUMBO:   Senator Thomas, 

13    they're always interesting from this guy.  Right?

14                 (Laughter.)

15                 SENATOR PALUMBO:   Good afternoon.  

16    Good evening.  Good to see you.  I just have a 

17    few questions.  

18                 I know there were some changes made 

19    to this because there were originally concerns.  

20    I was a negative last year because it did not 

21    exclude farm equipment and so forth.  So I see 

22    this as an A print.  Could you please just 

23    explain to our colleagues the changes that were 

24    made between the old print and this bill that's 

25    currently before us, please?


                                                               4836

 1                 SENATOR THOMAS:   So the intent of 

 2    the bill here is to address the unfair 

 3    anticompetitive restrictions imposed by, you 

 4    know, powerful manufacturers on third-party 

 5    repairs.  So from the last time we have included 

 6    farm equipment -- what else?  And emergency 

 7    service equipment as well.

 8                 SENATOR PALUMBO:   Will the sponsor 

 9    continue to yield, please.

10                 SENATOR THOMAS:   And medical  

11    equipment.  Sorry.

12                 SENATOR PALUMBO:   Thank you.

13                 ACTING PRESIDENT PERSAUD:   Does the 

14    sponsor yield?

15                 SENATOR THOMAS:   Yes.

16                 ACTING PRESIDENT PERSAUD:   The 

17    sponsor yields.

18                 SENATOR PALUMBO:   Thank you, 

19    Senator.  

20                 And those are certainly moves in the 

21    right direction, because those were some 

22    significant concerns.  

23                 But I have been contacted by some of 

24    the stakeholders in the industry who had a few 

25    additional concerns with the current bill.  So 


                                                               4837

 1    initially, with regard to requiring parts and 

 2    other equipment to be provided to third 

 3    parties -- strangers, so to speak -- I know there 

 4    are some protections regarding trade secrets.  

 5                 But do you know -- do either 

 6    yourself or the sponsor have any concerns that 

 7    now that all of this -- these parts to repair the 

 8    equipment and devices would ultimately be -- or 

 9    would ultimately create a black market for it, so 

10    to speak, where there would be foreign companies 

11    and other people that would then use those trade 

12    secrets to the extent, at least, that the manner 

13    in which they are constructed would create a 

14    black market for such an item?

15                 SENATOR THOMAS:   Through you, 

16    Madam President.  You know, I don't think any 

17    legislative body can prevent illegal acts from 

18    happening here.  But there's something called the 

19    Patent Office and copyright infringement.  So if 

20    parts that are sent to either the independent 

21    repair shops or a customer is then used for 

22    illegal acts, they could be sued on.  So that 

23    should take care of a situation that you just 

24    described.

25                 SENATOR PALUMBO:   Would Senator 


                                                               4838

 1    Thomas yield for another question, please, 

 2    Madam President.

 3                 ACTING PRESIDENT PERSAUD:   Senator, 

 4    do you yield?

 5                 SENATOR THOMAS:   Yes.

 6                 ACTING PRESIDENT PERSAUD:   The 

 7    Senator yields.

 8                 SENATOR PALUMBO:   Thank you, 

 9    Senator.  

10                 And I get that, that they certainly 

11    would have some sort of an action against them.  

12    But it may open a can of worms.  And specifically 

13    regarding information, for example, to reset the 

14    device.  

15                 And I look at -- this is really 

16    page 4 of the bill, "Requirements."  That's 

17    really the meat.  The bulk of it is definitions.  

18    So maybe I'll just direct you to that part so we 

19    can talk a little bit about those two paragraphs 

20    in Section 2, "Requirements."  It's basically 

21    lines 8 through 25.  

22                 But I'll start with Section (b).  

23    "For equipment that contains an electronic 

24    security lock or other security-related function, 

25    the original manufacturer shall make available to 


                                                               4839

 1    any owner and independent repair provider, on 

 2    fair and reasonable terms, any special 

 3    documentation, tools and parts needed to access 

 4    and reset the lock or function when disabled in 

 5    the course of a diagnosis, maintenance or repair 

 6    of such equipment."

 7                 So the concern from the industry was 

 8    that they're now going to provide them the 

 9    opportunity to bypass a lock.  That might also 

10    provide devices and tools to ultimately access 

11    personal data, for example, if it's a phone.  And 

12    you can otherwise override an otherwise locked 

13    device.  So instead of going to the manufacturer 

14    now, you're going to have a third party who will 

15    have that ability.  

16                 Do you know if there are any 

17    concerns in that regard?  

18                 SENATOR THOMAS:   Through you, 

19    Madam President, that concern is valid.  But, you 

20    know, this function was there even before this 

21    bill was introduced.  

22                 So I don't see how this concern will 

23    lead to more, you know, private information being 

24    stolen or phones being hacked into.

25                 SENATOR PALUMBO:   Will the Senator 


                                                               4840

 1    yield for another question, please.

 2                 ACTING PRESIDENT PERSAUD:   Does the 

 3    sponsor yield?

 4                 SENATOR THOMAS:   Yes.

 5                 ACTING PRESIDENT PERSAUD:   The 

 6    sponsor yields.  

 7                 SENATOR PALUMBO:   Thank you.  Thank 

 8    you.  And through you, Madam President.  And I 

 9    appreciate that, Senator Thomas.  

10                 And I appreciate you acknowledging 

11    that, because I think that maybe just for 

12    purposes of legislative intent, in case this 

13    becomes law, that we could indicate on the record 

14    that possibly the "fair and reasonable" language 

15    that is used in Section (a).  So that -- where 

16    did I just see it.  I lost it.  Let me read 

17    through one more time.  That the requirement for 

18    digital electronic equipment sold or used in this 

19    state -- at line 12:  "On behalf of or sold by 

20    such original equipment manufacturer, on fair and 

21    reasonable terms, any documentation, parts and 

22    tools" required for such diagnosis.

23                 So they can do so under fair and 

24    reasonable terms.  So just for clarification, can 

25    we agree that it would be a fair and reasonable 


                                                               4841

 1    term to maybe not provide such tools in the event 

 2    it would allow access to a locked device and 

 3    ultimately personal data of a potential consumer?

 4                 SENATOR THOMAS:   Through you, 

 5    Madam President.  So it specifically says, in the 

 6    last sentence in subsection (b), "Such 

 7    documentation, tools and parts may be made 

 8    available through appropriate secure release 

 9    systems."

10                 So there's going to be a series of 

11    checks on who exactly is asking for this 

12    information before that is going to get released.

13                 SENATOR PALUMBO:   Thank you, 

14    Senator.  I appreciate those comments.

15                 On the bill, please, Madam 

16    President.

17                 ACTING PRESIDENT PERSAUD:   Senator 

18    Palumbo on the bill.

19                 SENATOR PALUMBO:   Thank you.  And I 

20    do appreciate Senator Breslin, the sponsor of 

21    this legislation, making those changes that were 

22    concerning us last year.  And I'm actually -- I 

23    am going to be in the affirmative on this bill.  

24    I think it's made really good progress.  

25                 But those concerns, I'm glad that 


                                                               4842

 1    there's been some clarification, but I think they 

 2    do exist.  So I would respectfully ask the 

 3    sponsor to continue to review this bill to make 

 4    sure that this doesn't create an unfair market.  

 5                 And, look, it's a consumer bill.  I 

 6    think we can all agree this is a good idea, that 

 7    if there's a monopoly, if you have to take your 

 8    phone to a manufacturer and only they can fix 

 9    your screen -- I got the insurance on my kid's 

10    phone, but this one's a cracked screen.  Just on 

11    principle, I've had it for like three months, and 

12    I refuse to get the screen fixed because you have 

13    to go there and of course it's a lot of money.  

14    You certainly can't do that on your own.  

15                 So I'm for this as a consumer bill.  

16    I think we all are, we get it.  But those 

17    individuals from the industry feel that this may 

18    actually be somewhat counterintuitive to their 

19    concerns, because small businesses now are going 

20    to deal with a different market.  And small 

21    businesses may not have the technology and 

22    wherewithal to ultimately ensure the safety of 

23    the consumer's personal data.  

24                 So I appreciate Senator Thomas's 

25    comments.  I hope there's continued review of 


                                                               4843

 1    this bill.  And I appreciate your time, 

 2    Madam President.  Thank you.

 3                 ACTING PRESIDENT PERSAUD:   Thank 

 4    you, Senator.

 5                 Are there any other Senators wishing 

 6    to be heard?

 7                 Seeing and hearing none, debate is 

 8    closed.  The Secretary will ring the bell.

 9                 Read the last section.

10                 THE SECRETARY:   Section 3.  This 

11    act shall take effect one year after it shall 

12    have become a law.

13                 ACTING PRESIDENT PERSAUD:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT PERSAUD:   Announce 

17    the results.

18                 THE SECRETARY:   In relation to 

19    Calendar 1748, those Senators voting in the 

20    negative are Senators Akshar, Borrello, Martucci 

21    and Weik.

22                 Ayes, 59.  Nays, 4.

23                 ACTING PRESIDENT PERSAUD:   The bill 

24    is passed.

25                 The Secretary will read.


                                                               4844

 1                 THE SECRETARY:   Calendar Number 

 2    1776, Senate Print 8381B, by Senator Thomas, an 

 3    act to amend the Public Authorities Law.

 4                 ACTING PRESIDENT PERSAUD:   Senator 

 5    Boyle, why do you rise?

 6                 SENATOR BOYLE:   Madam President, 

 7    will the sponsor yield for a couple of questions?

 8                 ACTING PRESIDENT PERSAUD:   Will the 

 9    sponsor yield?

10                 SENATOR THOMAS:   Through you, 

11    Madam President.  If he allows me to have some 

12    dinner, so -- yeah, I'm ready for it.

13                 SENATOR BOYLE:   I promise it will 

14    be short.

15                 ACTING PRESIDENT PERSAUD:   The 

16    sponsor will yield.

17                 SENATOR THOMAS:   Yes.

18                 SENATOR BOYLE:   Thank you.  

19                 Senator Thomas, can you just give a 

20    quick summary of what this bill does?  

21                 SENATOR THOMAS:   So what this bill 

22    does is it requires that trustees of this public 

23    hospital in Nassau County to have the requisite 

24    experience and knowledge in related fields to be 

25    sitting at the board to make decisions on behalf 


                                                               4845

 1    of the hospital.

 2                 SENATOR BOYLE:   Madam President, 

 3    would he continue to yield?  

 4                 ACTING PRESIDENT PERSAUD:   Does the 

 5    sponsor yield?

 6                 SENATOR THOMAS:   Yes.

 7                 ACTING PRESIDENT PERSAUD:   The 

 8    sponsor yields.

 9                 SENATOR BOYLE:   So, Senator, you 

10    feel like the board of directors has not had the 

11    relevant experience in the past?  I know that 

12    usually there's a businessperson that's put in 

13    charge.  Have you felt that that's been a problem 

14    over the course of years?

15                 SENATOR THOMAS:   Yes.  Through you, 

16    Madam President.  We have seen this hospital go 

17    through a lot of issues, including the fact that 

18    they are in millions of dollars in debt.  And we 

19    need to have appropriate board members at the 

20    helm to make the correct decisions.

21                 SENATOR BOYLE:   Madam President, 

22    will the sponsor continue to yield?

23                 ACTING PRESIDENT PERSAUD:   Does the 

24    sponsor yield?

25                 SENATOR THOMAS:   Yes.


                                                               4846

 1                 ACTING PRESIDENT PERSAUD:   The 

 2    sponsor yields.  

 3                 SENATOR BOYLE:   So, Senator, it 

 4    doesn't just ask for relevant experience.  And I 

 5    think that one can argue that there have been 

 6    many businesspeople that go and become 

 7    chairperson of a company having no knowledge of 

 8    that industry, but they are executives that know 

 9    how to run a show.  

10                 I think that the former head of the 

11    Nassau Healthcare Corporation ran hotels.  And 

12    now I think the new one is a finance guy.

13                 The bill also, however, increases 

14    the number of board members, is that not correct?

15                 SENATOR THOMAS:   Through you, 

16    Madam President, no.  We are sticking to the 15 

17    that they currently have.

18                 SENATOR BOYLE:   Okay.  So the -- 

19    all this -- will the sponsor continue to yield?  

20                 ACTING PRESIDENT PERSAUD:   Does the 

21    sponsor yield?

22                 SENATOR THOMAS:   Yes.

23                 ACTING PRESIDENT PERSAUD:   The 

24    sponsor yields.

25                 SENATOR BOYLE:   You're just looking 


                                                               4847

 1    for the relevant experience.

 2                 SENATOR THOMAS:   Correct.

 3                 SENATOR BOYLE:   Madam President, 

 4    will the sponsor continue to yield.

 5                 ACTING PRESIDENT PERSAUD:   Does the 

 6    sponsor yield?

 7                 SENATOR THOMAS:   Yes.

 8                 ACTING PRESIDENT PERSAUD:   The 

 9    sponsor yields.

10                 SENATOR BOYLE:   Will the county 

11    executive of Nassau County still have the ability 

12    to name the board of directors president and have 

13    the same number of appointments to the board?  

14                 SENATOR THOMAS:   Through you, 

15    Madam President.  Through this bill, the 

16    appointment number does not change.  The county 

17    exec has three appointments that he can make.  

18    The county legislature can make four, and the 

19    Governor has eight.  

20                 As well as answering the other 

21    question, now the trustees of the hospital get to 

22    pick who the chair is, and the chief executive 

23    officer.  That was reserved to the county 

24    executive before, but we changed it in the bill 

25    because that's how the rest of the state operates 


                                                               4848

 1    with these safety-net hospitals.

 2                 SENATOR BOYLE:   Through you, 

 3    Madam President, will the sponsor continue to 

 4    yield?  

 5                 ACTING PRESIDENT PERSAUD:   Does the 

 6    sponsor yield? 

 7                 SENATOR THOMAS:   Yes.

 8                 ACTING PRESIDENT PERSAUD:   The 

 9    sponsor yields.

10                 SENATOR BOYLE:   So, Senator, who 

11    controls the Nassau County Health Corporation 

12    under this new proposal?  Will the Governor have 

13    more say on how the operation is run, or will the 

14    county executive of Nassau?  

15                 SENATOR THOMAS:   It should be 

16    neither, because the safety-net hospital should 

17    be run by the trustees.  It should not be the 

18    Governor and it should not be the county 

19    executive.

20                 SENATOR BOYLE:   Through you, 

21    Madam President, will the sponsor continue to 

22    yield.

23                 ACTING PRESIDENT PERSAUD:   Does the 

24    sponsor yield?

25                 SENATOR THOMAS:   Yes.


                                                               4849

 1                 ACTING PRESIDENT PERSAUD:   The 

 2    sponsor yields.

 3                 SENATOR BOYLE:   So it seems to me 

 4    that the Governor is now going to be running the 

 5    show in this corporation.  Which -- and you can 

 6    answer -- my question is, do you believe that 

 7    will put at risk any bond pledges the guarantee 

 8    of which was given by Nassau County for financing 

 9    of the corporation, when the county executive no 

10    longer has control of -- or the county 

11    government, I should say, no longer has control 

12    of the corporation and how it's run?  

13                 SENATOR THOMAS:   Through you, 

14    Madam President.  The Governor does not control 

15    the safety-net hospital.  All right?  She -- no 

16    Governor, you know, that has overseen this state 

17    has had the opportunity to look at the day-to-day 

18    matters of Nassau University Medical Center or, 

19    you know, run it or make contracting decisions.  

20    That's all up to the board.

21                 What were the other questions that 

22    you asked?  About the bonds, right?

23                 SENATOR BOYLE:   Yes.

24                 SENATOR THOMAS:   So when Nassau 

25    University Medical Center was created, 


                                                               4850

 1    Nassau County is required to pay on the debt, and 

 2    that cannot be changed.  The county executive 

 3    does not have power.  It's the trustees, as well 

 4    as anyone else who has an investment at that 

 5    hospital, that has the right to change or amend 

 6    anything here.

 7                 SENATOR BOYLE:   Madam President, on 

 8    the bill.

 9                 ACTING PRESIDENT PERSAUD:   Senator 

10    Boyle on the bill.

11                 SENATOR BOYLE:   My colleagues, I 

12    think -- I'm on the bill, thank you.  

13                 The bonds that are guaranteed by 

14    Nassau County financing the health corporation 

15    really -- Nassau County Medical Center, the 

16    Nassau University Center -- goes under 

17    Section 3412 of the Public Authorities Law in the 

18    State of New York.  

19                 And it has pledged to and agreed 

20    with the holders of bonds issued by the 

21    corporation and those persons or public 

22    corporations who may enter into contracts with 

23    the corporation that the state will not alter, 

24    limit or impair the rights vested in the 

25    corporation to operate the hospital and/or 


                                                               4851

 1    nursing home which was financed by bonds of the 

 2    corporation or to establish and collect rents, 

 3    rates, fees and other charges to fill the terms 

 4    of any contract or agreement made with or for the 

 5    benefit of holders of the bonds, or with any 

 6    person or public corporation with reference to 

 7    the hospital and/or the nursing homes.

 8                 This bill changes the game, and I do 

 9    believe it puts at risk the guarantees and 

10    pledges based on this bond.  If we're to be 

11    honest here, I think this bill is all about one 

12    thing, and that's the fact that Bruce Blakeman is 

13    now the county executive in Nassau, having beat 

14    Laura Curran in last year's election.  If Laura 

15    Curran was still the county executive, we 

16    wouldn't be looking at this bill.  

17                 I know County Executive Blakeman 

18    came in and took on the Governor with mandates 

19    and things like that, and this might be payback 

20    or an attempt to take away some power from 

21    County Executive Blakeman.  And I don't think 

22    that's the way we should be running things.  I 

23    think the county executive and the county 

24    government in Nassau should have the right to run 

25    their healthcare corporation.  It's not New York 


                                                               4852

 1    State Healthcare Corporation, it is Nassau County 

 2    Healthcare Corporation.  

 3                 And that is why I will be voting in 

 4    the negative.  Thank you.

 5                 ACTING PRESIDENT PERSAUD:   Senator 

 6    Thomas on the bill.

 7                 SENATOR THOMAS:   Thank you, 

 8    Madam President.

 9                 This bill is about saving a 

10    safety-net hospital.  This isn't about politics.  

11    The reason why we need board members with 

12    expertise is because that hospital is in dire 

13    need of good leadership.  That's the intent of 

14    this bill.  It has nothing to do with who the 

15    county executive is.  It has everything to do 

16    with saving a safety-net hospital that not only 

17    serves my district, it serves districts all 

18    around Nassau County.

19                 So this is my way, this is this 

20    legislative body's way of addressing the issues 

21    with this hospital for decades now of being 

22    mismanaged, of being in debt over $100 million.  

23    We need good leadership there, and that's the 

24    intent of this bill.  

25                 I vote in the affirmative.  Thank 


                                                               4853

 1    you.

 2                 ACTING PRESIDENT PERSAUD:   Thank 

 3    you.

 4                 Are there any other Senators wishing 

 5    to be heard?  

 6                 Seeing and hearing none, debate is 

 7    closed.  The Secretary will ring the bell.

 8                 Read the last section.

 9                 THE SECRETARY:   Section 4.  This 

10    act shall take effect immediately.

11                 ACTING PRESIDENT PERSAUD:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT PERSAUD:   Announce 

15    the results.

16                 THE SECRETARY:   In relation to 

17    Calendar 1776, those Senators voting in the 

18    negative are Senators Akshar, Borrello, Boyle, 

19    Griffo, Helming, Jordan, Lanza, Oberacker, 

20    O'Mara, Ortt, Palumbo, Rath, Stec, Tedisco and 

21    Weik.

22                 Ayes, 48.  Nays, 15.

23                 ACTING PRESIDENT PERSAUD:   The bill 

24    is passed.

25                 The Secretary will read.


                                                               4854

 1                 THE SECRETARY:   Calendar Number 

 2    1799, Assembly Print Number 7919A, by 

 3    Assemblymember Bronson, an act to amend the State 

 4    Finance Law.

 5                 ACTING PRESIDENT PERSAUD:   Senator 

 6    Oberacker.

 7                 SENATOR OBERACKER:   Madam 

 8    President, would the sponsor yield for a couple 

 9    of questions, please.  

10                 ACTING PRESIDENT PERSAUD:   Will the 

11    sponsor yield?  

12                 SENATOR KENNEDY:   Certainly, 

13    Madam President.  Thank you.  

14                 ACTING PRESIDENT PERSAUD:   The 

15    sponsor yields.

16                 SENATOR OBERACKER:   And thank you, 

17    Senator Kennedy.  

18                 And believe me, my colleagues, I do 

19    know I'm the one standing in front of you from 

20    getting your dinner tonight.  So we'll keep 

21    things brief, how's that?  

22                 So we're going to talk about a very 

23    exciting subject.  It's the subject of salt.  And 

24    so through you, Madam President.  Senator, this 

25    is a statewide issue.  It's a state -- it will 


                                                               4855

 1    have a statewide impact.  

 2                 Have you taken a moment to speak to 

 3    the state agencies and -- that are responsible 

 4    for implementing this?  And have you spoken to 

 5    the local stakeholders across the different 

 6    regions of New York?

 7                 SENATOR KENNEDY:   Through you, 

 8    Madam President, I certainly have.  

 9                 As a matter of fact, this bill has 

10    been in production over a number of years.  We've 

11    been working to make sure that we're protecting 

12    American jobs.

13                 What this bill does is it creates 

14    the New York State Buy American Salt Act, which 

15    will require that all salt used on roads and 

16    throughout our communities across the state, or 

17    sodium chloride from salt, is supplied from 

18    American businesses as much as possible.  

19                 We want to make sure that we're 

20    supporting American jobs.  We want to make sure 

21    that we're supporting New York jobs.  Especially 

22    those jobs at mines like we have in 

23    Livingston County and Tompkins County, hundreds 

24    of jobs, good-paying union jobs.  You know, this 

25    is one of those bills that really promotes the 


                                                               4856

 1    preference of salt from the State of New York and 

 2    the United States rather than being imported from 

 3    foreign countries like Egypt and Chile and Mexico 

 4    and others that so much salt is coming in from.

 5                 So we want to use taxpayer dollars 

 6    here in New York and in the communities 

 7    throughout this great state to support our own 

 8    New York jobs and the families that depend on 

 9    those jobs.

10                 SENATOR OBERACKER:   Will the 

11    sponsor continue to yield?  Through you, 

12    Madam President.  

13                 ACTING PRESIDENT PERSAUD:   Will the 

14    sponsor yield?

15                 SENATOR KENNEDY:   Certainly.

16                 ACTING PRESIDENT PERSAUD:   The 

17    sponsor yields.

18                 SENATOR OBERACKER:   Thank you.  

19                 So with the salt that will be 

20    produced here in, like, Western New York mines, 

21    has there been thought given as to how that will 

22    transport to downstate regions and how it will 

23    transport in a very efficient and cost-effective 

24    manner?  

25                 SENATOR KENNEDY:   Yes.  Through 


                                                               4857

 1    you, Madam President, certainly we have.  These 

 2    are all issues that have been discussed in many 

 3    different ways through communities across 

 4    New York State.  

 5                 There is -- salt can be distributed 

 6    using logistics of all kinds, whether it's 

 7    shipping at the ports, through rail, through 

 8    trucking and others.  The logistics to ensure 

 9    that New York State-mined salt ends up in 

10    communities across New York State can be 

11    implemented through logistics planning that 

12    communities do already in so many other areas.

13                 That said, other states here in our 

14    great country, including Louisiana, Ohio, Indiana 

15    and Illinois, also have salt mines.  

16                 So this bill supports New York jobs, 

17    it supports American jobs, again, with New York 

18    taxpayer dollars.

19                 SENATOR OBERACKER:   Thank you.  

20                 Through you, Madam President, would 

21    the sponsor continue to yield.

22                 ACTING PRESIDENT PERSAUD:   Does the 

23    sponsor yield?

24                 SENATOR KENNEDY:   Certainly.

25                 ACTING PRESIDENT PERSAUD:   The 


                                                               4858

 1    sponsor yields.

 2                 SENATOR OBERACKER:   So, Senator, in 

 3    the language there is the words "reasonable cost 

 4    increase" or, maybe more appropriately, an 

 5    unreasonable.  

 6                 So my question is, what constitutes 

 7    reasonable or unreasonable as far as a cost 

 8    increase goes?

 9                 SENATOR KENNEDY:   Yes, thank you.  

10    Through you, Madam President.  

11                 That is a question that can be 

12    answered by recognizing that, you know, we as a 

13    body here back in February passed this bill.  It 

14    went over to the Assembly; we've been working 

15    with communities and businesses across the state, 

16    and the workforce -- through the AFL-CIO and 

17    others -- to make sure that -- you know, part of 

18    what we were doing is listening to make 

19    amendments to ensure that communities weren't 

20    harmed in any way.

21                 So there was exceptions put into 

22    place in this legislation that will provide for 

23    the department head of an agency to determine if 

24    an exemption is necessary for that particular 

25    community.  For example, if there would be some 


                                                               4859

 1    sort of issue with the benefit to public 

 2    interest.  Or, as my colleague mentioned, an 

 3    unreasonable cost.  

 4                 You know, we created flexibility in 

 5    this language to give local control to the 

 6    agencies and municipalities across New York State 

 7    to make sure that we were protecting localities, 

 8    giving them the freedom to make decisions on 

 9    behalf of their communities, but also building in 

10    the preference to buy New York, to buy American, 

11    and to protect those jobs that are producing this 

12    product here in New York State.

13                 SENATOR OBERACKER:   Through you, 

14    Madam President, would the sponsor continue to 

15    yield.

16                 ACTING PRESIDENT PERSAUD:   Does the 

17    sponsor yield?

18                 SENATOR KENNEDY:   I will.

19                 ACTING PRESIDENT PERSAUD:   The 

20    sponsor yields.

21                 SENATOR OBERACKER:   Thank you.

22                 So, Senator, with also a liquid 

23    brine application, is there any data, is there 

24    any numbers that could be put to that that would 

25    calculate what that cost would be going to, 


                                                               4860

 1    again, say, local salt in those applications 

 2    versus, say, versus salt that was procured 

 3    elsewhere?  

 4                 SENATOR KENNEDY:   Through you, 

 5    Madam President, yeah, there are different 

 6    processes for harvesting salt other than mining.  

 7    There is lake water and saltwater that can be 

 8    processed through different mechanisms to produce 

 9    the brine that's used in some communities, and 

10    those communities prefer to use different 

11    processes.

12                 You know, New York State is a state 

13    that is home to some inclement weather.  And 

14    being a Buffalonian, I know a lot about snow and 

15    ice and we recognize that none of us are averse 

16    to it no matter where we live in New York State, 

17    so we need to be prepared for that inclement 

18    weather.  

19                 And we built in here the ability for 

20    these department heads to be able to be free to 

21    make those decisions.  And in such matter, they 

22    can look to this legislation to realize whether 

23    or not the cost would be unreasonable and if in 

24    fact they should opt out of this mechanism.

25                 But again, the bottom line here is 


                                                               4861

 1    building a process to allow for those 

 2    individuals that are procuring these contracts 

 3    for the municipalities and agencies to think 

 4    about and ultimately focus in on making New York 

 5    salt and American salt a preference, rather than 

 6    shipping our taxpayer dollars overseas or to 

 7    other hemispheres.

 8                 SENATOR OBERACKER:   Thank you.  

 9                 Through you, Madam President, would 

10    the sponsor continue to yield?

11                 ACTING PRESIDENT PERSAUD:   Does the 

12    sponsor yield?

13                 SENATOR KENNEDY:   Yes.

14                 ACTING PRESIDENT PERSAUD:   The 

15    sponsor yields.

16                 SENATOR OBERACKER:   So, Senator, if 

17    a determination is made to use, say, cheaper salt 

18    that isn't mined or harvested here during the 

19    winter, how is salt procured during a challenge?  

20    In other words, if they -- if a municipality was 

21    getting salt and there was a challenge put to it 

22    that this wasn't -- that it needed to be coming 

23    from our mines out west -- especially when a lot 

24    of the municipalities don't have a large 

25    inventory, is there some mechanism, is there some 


                                                               4862

 1    process to go through that would guarantee that 

 2    they would not run short of salt?

 3                 SENATOR KENNEDY:   Through you, 

 4    Madam President, the exemptions that were put in 

 5    place include one provision, Item Number 3, that 

 6    states that when materials and products cannot be 

 7    produced in the United States in sufficient and 

 8    reasonably available quantities and of a 

 9    satisfactory quality, that community and that 

10    individual may then opt out of this provision.

11                 So we believe we've built in a 

12    number of different mechanisms to protect the 

13    local communities and, again, give that freedom 

14    to make a decision based on what that -- is in 

15    the best interests of that locality.  

16                 Again, that being said, when you 

17    look at communities across New York State that 

18    produce these -- this product, produce salt -- 

19    let me just take a couple of mines here.  Again, 

20    in Livingston County and in Tompkins County, 

21    where there are hundreds of jobs, whole economies 

22    that are supported -- in Livingston County, 

23    400 jobs there alone.  Tompkins County, over 

24    200 jobs there alone.  These are good-paying 

25    union jobs.  You know, I want to recognize the 


                                                               4863

 1    Steelworkers that represent many of those 

 2    hardworking men and women that are producing this 

 3    on a daily basis.  

 4                 And given the situation that has 

 5    resulted in the past and, quite frankly, New York 

 6    State spending our own taxpayer dollars overseas 

 7    and in other hemispheres, there have been 

 8    communities that have been detrimentally 

 9    impacted, like Rochester -- just a few years 

10    ago, a mine near Rochester laying off over 

11    250 employees when these non-U.S. companies were 

12    awarded contracts totaling nearly $20 million.  

13                 That's just not right.  We should be 

14    spending New York tax dollars in New York to 

15    support New York jobs.  And certainly if the 

16    option's available, we should be spending 

17    New York taxpayer dollars in the great 

18    United States of America.

19                 So this, to me, is a no-brainer.  

20    It's an opportunity for us to reinvest in 

21    communities, to support American jobs, to support 

22    New York jobs, and to support economies, 

23    particularly upstate, that need that support.

24                 SENATOR OBERACKER:   Thank you.  

25                 On the bill, Madam President.  


                                                               4864

 1                 And thank you, Senator Kennedy, 

 2    for --

 3                 ACTING PRESIDENT PERSAUD:   Senator 

 4    Oberacker on the bill.

 5                 SENATOR OBERACKER:   You know, I 

 6    couldn't agree more with Senator Kennedy that 

 7    this is about jobs.  

 8                 And if I were to use some of my past 

 9    experiences as a town supervisor and as the chair 

10    of DPW for Otsego County, overseeing County 

11    Highway -- when I was the supervisor, 80 percent 

12    of my jobs was roads.  So a minor increase, a 2, 

13    a 3, even a 4 percent increase is something that 

14    is extremely difficult for local municipalities 

15    to deal with.

16                 We have 62 counties in New York, and 

17    each and every one of them has a road crew that 

18    is there.  So I do agree with my colleague that 

19    it is about jobs.  

20                 But I also feel that -- this 

21    probably sums it up better than I could.  This is 

22    from Richard Benjamin, who's the Town of Thompson 

23    superintendent of highways.  And it says:  

24    "Senator Oberacker, this bill has the potential 

25    to cost the Town of Thompson $150,000 a year more 


                                                               4865

 1    in the cost of salt.  Please review the attached 

 2    information and feel free to contact me."  

 3                 I reached out to my former county 

 4    superintendent of highways, Rich Brimmer.  I 

 5    asked him the same thing, and he had the same 

 6    feelings, that this potentially would not be 

 7    advantageous due to cost increase.

 8                 You know, some of the interesting 

 9    other factors that go into this when we talk 

10    about costs to our local highway departments and 

11    county highway departments.  We pass legislation 

12    here that has to do with prevailing wage when it 

13    comes to paving, when it came to hauling 

14    aggregate, which was a huge impact to our local 

15    highway departments.  They didn't have time to 

16    budget for it, they didn't have time to plan for 

17    it.  

18                 Diesel prices exponentially going 

19    out of sight, another cost import to the process 

20    of keeping our roads clean.  DEF liquid, the 

21    diesel exhaust fluid price going up and in short 

22    supply.  Add to that inflation, and then add to 

23    that salt.

24                 I'm afraid that this bill basically 

25    tells our highway superintendents, our local 


                                                               4866

 1    municipalities and our citizens:  Go pound salt.  

 2    I feel as though that it may have noble 

 3    intention.  I'm nervous and apprehensive with the 

 4    ability to allow our local municipalities to have 

 5    the autonomy to look at their cost inputs and see 

 6    what is going to be the cheapest and best way to 

 7    keep the roads clear.  And the 51st Senate 

 8    District that I represent, one of the most rural 

 9    in New York, I can tell you that when they say, 

10    You're worth your weight in salt, they're not 

11    kidding.  It keeps our roads clean.  

12                 So with that, Madam President.  I 

13    will be voting in the negative.  Thank you.

14                 ACTING PRESIDENT PERSAUD:   Thank 

15    you, Senator.

16                 Are there any other Senators wishing 

17    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 4.  This 

22    act shall take effect immediately.

23                 ACTING PRESIDENT PERSAUD:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               4867

 1                 ACTING PRESIDENT PERSAUD:   Announce 

 2    the results.

 3                 THE SECRETARY:   In relation to 

 4    Calendar 1799, those Senators voting in the 

 5    negative are Senators Akshar, Griffo, Jordan, 

 6    Oberacker, Ritchie, Stec and Thomas.  Also 

 7    Senator Tedisco.  

 8                 Ayes, 55.  Nays, 8.

 9                 ACTING PRESIDENT PERSAUD:   The bill 

10    is passed.

11                 Senator Gianaris, that completes the 

12    reading of the controversial calendar.

13                 SENATOR GIANARIS:   Thank you, 

14    Madam President.  

15                 I believe Senator Lanza has a 

16    motion.

17                 ACTING PRESIDENT PERSAUD:   Senator 

18    Lanza.

19                 SENATOR LANZA:   Madam President, 

20    Senator Weik moves to amend a bill on 

21    Third Reading Calendar.  

22                 On page 42, I offer the following 

23    amendments to Calendar Number 1596, Print Number 

24    9146A, and ask that said bill retain its place on 

25    Third Reading Calendar.


                                                               4868

 1                 ACTING PRESIDENT PERSAUD:   The 

 2    amendments are received, and the bill will retain 

 3    its place on the Third Reading Calendar.

 4                 Senator Gianaris.

 5                 SENATOR GIANARIS:   Madam President, 

 6    just for an outline to my colleagues of what 

 7    remains, we are not done working tonight.  We are 

 8    going to break for respective party conferences 

 9    and then have a Rules Committee meeting at 

10    9:00 p.m. in Room 332, followed by a supplemental 

11    calendar on the floor.  You'll thank me tomorrow 

12    when we get out of here that much sooner.  But we 

13    are trying to get as much done today as we can.

14                 So there will be an immediate 

15    Democratic conference virtually, and then Rules 

16    in 332.

17                 And please recognize Senator Lanza 

18    for an announcement of the Republican Conference.

19                 ACTING PRESIDENT PERSAUD:   Senator 

20    Lanza.

21                 SENATOR LANZA:   Madam President, 

22    there will be an immediate meeting of the 

23    Republican Conference in Room 315 of the Capitol.

24                 ACTING PRESIDENT PERSAUD:   There 

25    will be an immediate meeting of the Democratic 


                                                               4869

 1    Conference virtually, and the Rules Committee 

 2    will meet in Room 332.  The Republican Conference 

 3    will meet immediately also.  

 4                 The Senate will stand at ease.

 5                 (Whereupon, the Senate stood at ease 

 6    at 7:58 p.m.)

 7                 (Whereupon, the Senate reconvened at 

 8    10:47 p.m.)

 9                 ACTING PRESIDENT PERSAUD:   The 

10    Senate will return to order.

11                 Senator Gianaris.

12                 SENATOR GIANARIS:   Madam President, 

13    I believe there's a report of the Rules Committee 

14    at the desk.  Can we please take that up now.

15                 ACTING PRESIDENT PERSAUD:   The 

16    Secretary will read.

17                 THE SECRETARY:   Senator 

18    Stewart-Cousins, from the Committee on Rules, 

19    reports the following bills:  

20                 Senate Print 1120, by 

21    Senator Kaminsky, an act to amend the 

22    State Finance Law; 

23                 Senate Print 1964A, by 

24    Senator Brooks, an act to amend the 

25    General Municipal Law;


                                                               4870

 1                 Senate Print 2021A, by Senator May, 

 2    an act to amend the Vehicle and Traffic Law; 

 3                 Senate Print 3520, by 

 4    Senator Bailey, an act to amend the 

 5    Public Housing Law; 

 6                 Senate Print 3882A, by 

 7    Senator Kennedy, an act to amend the 

 8    Transportation Law; 

 9                 Senate Print 4285B, by 

10    Senator Gallivan, an act to deem an application 

11    filed with the New York State and Local Police 

12    and Fire Retirement System by the widow of 

13    Lawrence Lakeman as timely filed;

14                 Senate Print 6692B, by 

15    Senator Hinchey, an act to amend the 

16    General Business Law; 

17                 Senate Print 7162C, by 

18    Senator Cooney, an act to amend the Retirement 

19    and Social Security Law; 

20                 Senate Print 7319, by Senator Ortt, 

21    an act to amend Chapter 658 of the Laws of 1978;

22                 Senate Print 7341, by 

23    Senator Hinchey, an act to amend the 

24    Executive Law;

25                 Senate Print 7365A, by 


                                                               4871

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

 2                 Senate Print 7419, by 

 3    Senator Harckham, an act to amend the 

 4    Environmental Conservation Law;

 5                 Senate Print 7475B, by 

 6    Senator Bailey, an act to amend the 

 7    Insurance Law; 

 8                 Senate Print 7506, by 

 9    Senator Addabbo, an act to amend the 

10    Insurance Law;

11                 Senate Print 7613, by 

12    Senator Kaminsky, an act to amend the 

13    Public Officers Law; 

14                 Senate Print 7671, by 

15    Senator Harckham, an act to amend the 

16    Real Property Tax Law; 

17                 Senate Print 7685B, by 

18    Senator Gaughran, an act to amend the Racing, 

19    Pari-Mutuel Wagering and Breeding Law; 

20                 Senate Print 8063A, by  

21    Senator Ramos, an act to amend the Labor Law; 

22                 Senate Print 8326A, by 

23    Senator Mannion, an act to amend the 

24    Mental Hygiene Law; 

25                 Senate Print 8401, by 


                                                               4872

 1    Senator Gounardes, an act to amend the 

 2    Retirement and Social Security Law; 

 3                 Senate Print 8448, by 

 4    Senator Jackson, an act to amend the 

 5    Retirement and Social Security Law; 

 6                 Senate Print 8454, by Senator Stec, 

 7    an act to authorize Kimberly A. Cooney of the 

 8    Village of Cambridge to take the competitive 

 9    Civil Service Law examination;

10                 Senate Print 8524C, by 

11    Senator Harckham, an act to amend the Vehicle and 

12    Traffic Law;

13                 Senate Print 8534, by 

14    Senator Hinchey, an act to amend the 

15    Public Service Law; 

16                 Senate Print 8682, by 

17    Senator Cooney, an act to amend the 

18    Retirement and Social Security Law; 

19                 Senate Print 8701, by Senator Ryan, 

20    an act to amend the Education Law;

21                 Senate Print 8796, by 

22    Senator Mattera, an act to amend the 

23    Public Authorities Law; 

24                 Senate Print 8827A, by 

25    Senator Rivera, an act in relation to the 


                                                               4873

 1    definition of safety-net providers; 

 2                 Senate Print 8844, by 

 3    Senator Reichlin-Melnick, an act in relation to 

 4    amending state construction and commodity 

 5    contracts; 

 6                 Senate Print 8892, by 

 7    Senator Skoufis, an act to amend the 

 8    General Obligations Law; 

 9                 Senate Print 8896, by 

10    Senator Kaplan, an act to authorize the 

11    incorporated Village of Mineola, county of 

12    Nassau, to establish and operate a commercial 

13    sanitation district; 

14                 Senate Print 8940A, by 

15    Senator Kaplan, an act in relation to authorizing 

16    the assessor of the County of Nassau to accept 

17    from Mineola Union Free School District an 

18    application for exemption from real property 

19    taxes; 

20                 Senate Print 8951, by 

21    Senator Ritchie, an act to authorize Donald Quehl 

22    to take the competitive service examination; 

23                 Senate Print 9047, by 

24    Senator Comrie, an act to amend the 

25    Not-For-Profit Corporation Law; 


                                                               4874

 1                 Senate Print 9167A, by 

 2    Senator Addabbo, an act in relation to creating a 

 3    temporary commission to conduct a comprehensive 

 4    study on the current utilization of paid family 

 5    leave;

 6                 Senate Print 9209, by 

 7    Senator Hoylman, an act to amend the 

 8    General Obligations Law; 

 9                 Senate Print 9309, by 

10    Senator Stewart-Cousins, an act to amend the 

11    Village Law; 

12                 Senate Print 9317, by 

13    Senator Palumbo, an act in relation to 

14    authorizing the County of Suffolk to convey by 

15    appropriate instruments to the Hampton Bays Water 

16    District; 

17                 Senate Print 9347, by 

18    Senator Jackson, an act to amend the 

19    Civil Service Law and the Labor Law;

20                 Senate Print 9387, by 

21    Senator Krueger, an act to amend the 

22    Public Health Law; 

23                 Senate Print 9402, by 

24    Senator Stavisky, an act to amend the 

25    Education Law; 


                                                               4875

 1                 Senate Print 9422, by 

 2    Senator Parker, an act to amend the 

 3    Public Service Law; 

 4                 Senate Print 9434, by 

 5    Senator Reichlin-Melnick, an act to amend the 

 6    Public Authorities Law; 

 7                 Senate Print 9468, by 

 8    Senator Comrie, an act to amend the Penal Law.  

 9                 All bills reported direct to third 

10    reading.

11                 SENATOR GIANARIS:   Move to accept 

12    the report of the Rules Committee.

13                 ACTING PRESIDENT PERSAUD:   All 

14    those in favor of accepting the report of the 

15    Rules Committee signify by saying aye.

16                 (Response of "Aye.")

17                 ACTING PRESIDENT PERSAUD:   Opposed, 

18    nay.

19                 (No response.)

20                 ACTING PRESIDENT PERSAUD:   The 

21    report of the Rules Committee is accepted.

22                 Senator Gianaris.

23                 SENATOR GIANARIS:   Can we now go 

24    back to motions and resolutions.  

25                 I understand we have some 


                                                               4876

 1    substitutions.

 2                 ACTING PRESIDENT PERSAUD:   The 

 3    Secretary will read.

 4                 THE SECRETARY:   Senator Kaminsky 

 5    moves to discharge, from the Committee on 

 6    Finance, Assembly Bill Number 1431 and substitute 

 7    it for the identical Senate Bill 1120, Third 

 8    Reading Calendar 1745.

 9                 Senator May moves to discharge, from 

10    the Committee on Transportation, Assembly Bill 

11    Number 1007A and substitute it for the identical 

12    Senate Bill 2021A, Third Reading Calendar 1785.

13                 Senator Cooney moves to discharge, 

14    from the Committee on Civil Service and Pensions, 

15    Assembly Bill Number 7914C and substitute it for 

16    the identical Senate Bill 7162C, Third Reading 

17    Calendar 1806.

18                 Senator Kaplan moves to discharge, 

19    from the Committee on Budget and Revenue, 

20    Assembly Bill Number 3409A and substitute it for 

21    the identical Senate Bill 7365A, Third Reading 

22    Calendar 1830.

23                 Senator Harckham moves to discharge, 

24    from the Committee on Local Government, Assembly 

25    Bill Number 8427 and substitute it for the 


                                                               4877

 1    identical Senate Bill 7671, Third Reading 

 2    Calendar 1835.

 3                 Senator Gounardes moves to 

 4    discharge, from the Committee on Finance, 

 5    Assembly Bill Number 9581 and substitute it for 

 6    the identical Senate Bill 8401, Third Reading 

 7    Calendar 1838.

 8                 Senator Ryan moves to discharge, 

 9    from the Committee on Education, Assembly Bill 

10    Number 9878 and substitute it for the identical 

11    Senate Bill 8701, Third Reading Calendar 1813.

12                 Senator Mattera moves to discharge, 

13    from the Committee on Corporations, Authorities 

14    and Commissions, Assembly Bill Number 9803 and 

15    substitute it for the identical Senate Bill 8796, 

16    Third Reading Calendar 1814.

17                 Senator Reichlin-Melnick moves to 

18    discharge, from the Committee on Finance, 

19    Assembly Bill Number 10109 and substitute it for 

20    the identical Senate Bill 8844, Third Reading 

21    Calendar 1818.

22                 Senator Skoufis moves to discharge, 

23    from the Committee on Investigations and 

24    Government Operations, Assembly Bill Number 4601 

25    and substitute it for the identical Senate Bill 


                                                               4878

 1    8892, Third Reading Calendar 1816.

 2                 Senator Comrie moves to discharge, 

 3    from the Committee on Corporations, Authorities 

 4    and Commissions, Assembly Bill Number 9969 and 

 5    substitute it for the identical Senate Bill 9047, 

 6    Third Reading Calendar 1825.

 7                 Senator Addabbo moves to discharge, 

 8    from the Committee on Labor, Assembly Bill Number 

 9    10224A and substitute it for the identical Senate 

10    Bill 9167A, Third Reading Calendar 1841.

11                 Senator Stewart-Cousins moves to 

12    discharge, from the Committee on Local 

13    Government, Assembly Bill Number 10236A and 

14    substitute it for the identical Senate Bill 9309, 

15    Third Reading Calendar 1821.

16                 Senator Palumbo moves to discharge, 

17    from the Committee on Local Government, Assembly 

18    Bill Number 10417 and substitute it for the 

19    identical Senate Bill 9317, Third Reading 

20    Calendar 1822.

21                 Senator Jackson moves to discharge, 

22    from the Committee on Rules, Assembly Bill Number 

23    10425 and substitute it for the identical Senate 

24    Bill 9347, Third Reading Calendar 1826.

25                 Senator Krueger moves to discharge, 


                                                               4879

 1    from the Committee on Health, Assembly Bill 

 2    Number 8472 and substitute it for the identical 

 3    Senate Bill 9387, Third Reading Calendar 1842.

 4                 Senator Comrie moves to discharge, 

 5    from the Committee on Codes, Assembly Bill Number 

 6    10491 and substitute it for the identical Senate 

 7    Bill 9468, Third Reading Calendar 1844.

 8                 ACTING PRESIDENT PERSAUD:   So 

 9    ordered.

10                 Senator Gianaris.

11                 SENATOR GIANARIS:   Madam President, 

12    we're going to briefly stand at ease while we 

13    await our remaining colleagues to enter the 

14    chamber.  

15                 So the Senate will stand at ease.

16                 ACTING PRESIDENT PERSAUD:   The 

17    Senate will stand at ease.

18                 (Whereupon, the Senate stood at ease 

19    at 10:56 p.m.)

20                 (Whereupon, the Senate reconvened at 

21    11:09 p.m.)

22                 ACTING PRESIDENT PERSAUD:   The 

23    Senate will return to order. 

24                 Senator Gianaris.

25                 SENATOR GIANARIS:   Please take up 


                                                               4880

 1    the supplemental calendar.

 2                 ACTING PRESIDENT PERSAUD:   The 

 3    Secretary will read.

 4                 THE SECRETARY:   Calendar Number 

 5    1745, Assembly Bill Number 1431, by 

 6    Assemblymember Dinowitz, an act to amend the 

 7    State Finance Law.

 8                 ACTING PRESIDENT PERSAUD:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 2.  This 

11    act shall take effect immediately.

12                 ACTING PRESIDENT PERSAUD:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT PERSAUD:   Announce 

16    the results.  

17                 THE SECRETARY:   Ayes, 63.

18                 SENATOR O'MARA:   The bill is 

19    passed.

20                 THE SECRETARY:   Calendar Number 

21    1785, Assembly Print Number 1007A, by 

22    Assemblymember Paulin, an act to amend the 

23    Vehicle and Traffic Law.

24                 ACTING PRESIDENT PERSAUD:   Read the 

25    last section.


                                                               4881

 1                 THE SECRETARY:   Section 2.  This 

 2    act shall take effect immediately.  

 3                 ACTING PRESIDENT PERSAUD:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT PERSAUD:   Announce 

 7    the results.

 8                 THE SECRETARY:   Ayes, 63.

 9                 ACTING PRESIDENT PERSAUD:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    1802, Senate Print 3520, by Senator Bailey, an 

13    act to amend the Public Housing Law.

14                 ACTING PRESIDENT PERSAUD:   Read the 

15    last section.

16                 THE SECRETARY:   Section 2.  This 

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

18    shall have become a law.

19                 ACTING PRESIDENT PERSAUD:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT PERSAUD:   Announce 

23    the results.

24                 THE SECRETARY:   Ayes, 63.

25                 ACTING PRESIDENT PERSAUD:   The bill 


                                                               4882

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    1803, Senate Print 4285B, by Senator Gallivan, an 

 4    act to deem an application filed with the 

 5    New York State and Local Police and Fire 

 6    Retirement System by the widow of Lawrence 

 7    Lakeman as timely filed.

 8                 ACTING PRESIDENT PERSAUD:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 3.  This 

11    act shall take effect immediately.  

12                 ACTING PRESIDENT PERSAUD:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT PERSAUD:   Announce 

16    the results.

17                 THE SECRETARY:   Ayes, 63.

18                 ACTING PRESIDENT PERSAUD:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    1804, Senate Print 7319, by Senator Ortt, an act 

22    to amend Chapter 658 of the Laws of 1978.

23                 ACTING PRESIDENT PERSAUD:   Read the 

24    last section.

25                 THE SECRETARY:   Section 3.  This 


                                                               4883

 1    act shall take effect immediately.

 2                 ACTING PRESIDENT PERSAUD:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT PERSAUD:   Announce 

 6    the results.

 7                 THE SECRETARY:   Ayes, 63.

 8                 ACTING PRESIDENT PERSAUD:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    1805, Senate Print 6692B, by Senator Hinchey, an 

12    act to amend the General Business Law.

13                 ACTING PRESIDENT PERSAUD:   Read the 

14    last section.

15                 THE SECRETARY:   Section 2.  This 

16    act shall take effect immediately.

17                 ACTING PRESIDENT PERSAUD:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT PERSAUD:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT PERSAUD:   Announce 

24    the results.  

25                 THE SECRETARY:   In relation to 


                                                               4884

 1    Calendar Number 1805, those Senators voting in 

 2    the negative are Senators Borrello, Boyle, 

 3    Helming, Jordan, Lanza, Martucci, Mattera, 

 4    Oberacker, O'Mara, Palumbo, Rath, Ritchie, 

 5    Serino, Stec, Tedisco and Weik.

 6                 Ayes, 47.  Nays, 16.

 7                 ACTING PRESIDENT PERSAUD:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    1806, Assembly Bill Number 7914C, by 

11    Assemblymember Abbate, an act to amend the 

12    Retirement and Social Security Law.

13                 ACTING PRESIDENT PERSAUD:   Read the 

14    last section.

15                 THE SECRETARY:   Section 2.  This 

16    act shall take effect immediately.

17                 ACTING PRESIDENT PERSAUD:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT PERSAUD:   Announce 

21    the results.  

22                 THE SECRETARY:   In relation to 

23    Calendar Number 1806, voting in the negative:  

24    Senator Brisport.  

25                 Ayes, 62.  Nays, 1.


                                                               4885

 1                 ACTING PRESIDENT PERSAUD:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    1807, Senate Print 7341, by Senator Hinchey, an 

 5    act to amend the Executive Law.

 6                 ACTING PRESIDENT PERSAUD:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 2.  This 

 9    act shall take effect immediately.  

10                 ACTING PRESIDENT PERSAUD:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT PERSAUD:   Senator 

14    Hinchey to explain her vote.

15                 SENATOR HINCHEY:   Thank you, 

16    Madam President.

17                 We all know the incredible story of 

18    Sojourner Truth.  But what many people don't know 

19    is how deeply she is tied to Ulster County.  And 

20    I want to commend the YMCA Youth Crew of Kingston 

21    for elevating her history and making sure that we 

22    here in the State of New York recognize Sojourner 

23    Truth's profound impacts not just on our country 

24    but here in New York State.

25                 The Youth Crew has been instrumental 


                                                               4886

 1    in raising her profile, making sure that 

 2    everybody in our community knows the history in 

 3    Esopus, where she was born, her trek to freedom 

 4    to New Paltz, and her fight to regain her son on 

 5    her walk to Kingston.  

 6                 They set off on a journey to make 

 7    sure that we could have a day commemorating this 

 8    incredible figure in New York State history and 

 9    really engage in the governmental process.  And 

10    we know how important it is to have young people 

11    engaged in and understanding how government 

12    works.  

13                 And so I'm really, really proud of 

14    them, of finding something they were passionate 

15    about, being able to figure out what they could 

16    do, finding the levers, making the calls, making 

17    everyone ensure that we could really have 

18    something tangible come out of their actions.  

19                 So I'm really proud to sponsor this 

20    day.  I thank the YMCA Youth Crew for their 

21    advocacy, and I proudly vote aye.

22                 Thank you.

23                 ACTING PRESIDENT PERSAUD:   Senator 

24    Hinchey to be recorded in the affirmative.

25                 Announce the results.


                                                               4887

 1                 THE SECRETARY:   Ayes, 63.

 2                 ACTING PRESIDENT PERSAUD:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    1808, Senate Print 7475B, by Senator Bailey, an 

 6    act to amend the Insurance Law.

 7                 ACTING PRESIDENT PERSAUD:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 5.  This 

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

11    shall have become a law.

12                 ACTING PRESIDENT PERSAUD:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT PERSAUD:   Senator 

16    Bailey to explain his vote.

17                 SENATOR BAILEY:   Thank you, 

18    Madam President.

19                 The immigrant story is the New York 

20    story.  It's the American story.  We all come 

21    from somewhere else.  And so when one is looking 

22    to obtain an immigration bond, previously, before 

23    the passage of this bill, it was the wild, wild 

24    West, so to speak -- an unregulated place where 

25    individuals would have to make what would be in 


                                                               4888

 1    my opinion a false choice, the false choice 

 2    between having to pay a ridiculous amount of 

 3    money or being separated from family members.  

 4                 This bill is critically important.  

 5    We worked on it along with Assemblymember 

 6    Epstein, with DFS, the Executive's office, so 

 7    many other advocates who have been impacted 

 8    directly by the unequal enforcement or the lack 

 9    of enforcement, the lack of regulation in this 

10    area.  

11                 And I'm grateful to all of my 

12    colleagues in this Legislature who understand the 

13    need to make sure that we're doing all that we 

14    can to ensure that this section of the law is 

15    regulated.  I'm grateful, and I proudly vote in 

16    the affirmative.

17                 Thank you, Madam President.

18                 ACTING PRESIDENT PERSAUD:   Senator 

19    Bailey to be recorded in the affirmative.

20                 Announce the results.

21                 THE SECRETARY:   In relation to 

22    Calendar 1808, those Senators voting in the 

23    negative are Senators Borrello, Griffo, Helming, 

24    Jordan, Lanza, Martucci, Mattera, Oberacker, 

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


                                                               4889

 1    Weik.

 2                 Ayes, 48.  Nays, 15.

 3                 ACTING PRESIDENT PERSAUD:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    1809, Senate Print 8448, by Senator Jackson, an 

 7    act to amend the Retirement and Social Security 

 8    Law.

 9                 ACTING PRESIDENT PERSAUD:   There is 

10    a home-rule message at the desk.

11                 Read the last section.

12                 THE SECRETARY:   Section 5.  This 

13    act shall take effect immediately.

14                 ACTING PRESIDENT PERSAUD:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT PERSAUD:   Announce 

18    the results.

19                 THE SECRETARY:   In relation to 

20    Calendar Number 1809, voting in the negative:  

21    Senator Brisport.

22                 Ayes, 62.  Nays, 1.

23                 ACTING PRESIDENT PERSAUD:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               4890

 1    1810, Senate Print 8454, by Senator Stec, an act 

 2    to authorize Kimberly A. Cooney of the Village of 

 3    Cambridge to take the competitive civil service 

 4    examination.

 5                 ACTING PRESIDENT PERSAUD:   There is 

 6    a home-rule message at the desk.

 7                 Read the last section.

 8                 THE SECRETARY:   Section 3.  This 

 9    act shall take effect immediately.

10                 ACTING PRESIDENT PERSAUD:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT PERSAUD:   Announce 

14    the results.

15                 THE SECRETARY:   In relation to 

16    Calendar Number 1810, voting in the negative:  

17    Senator Brisport.

18                 Ayes, 62.  Nays, 1.

19                 ACTING PRESIDENT PERSAUD:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    1811, Senate Print 8534, by Senator Hinchey, an 

23    act to amend the Public Service Law.

24                 ACTING PRESIDENT PERSAUD:   Read the 

25    last section.


                                                               4891

 1                 THE SECRETARY:   Section 5.  This 

 2    act shall take effect immediately.

 3                 ACTING PRESIDENT PERSAUD:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT PERSAUD:   Senator 

 7    Hinchey to explain her vote.

 8                 SENATOR HINCHEY:   Thank you, 

 9    Madam President.

10                 This body passed a constitutional 

11    amendment to the right to clean air, clean water, 

12    and a healthful environment.  And a core part of 

13    that, obviously, is the right to clean water.  

14    And the people of the State of New York last 

15    election agreed with that by passing the ballot 

16    referendum.  It is now our duty to make sure that 

17    New Yorkers across our state have access to clean 

18    water.

19                 The Public Service Commission 

20    regulates the rates and services of approximately 

21    300 small, private water companies serving nearly 

22    one million people across our state.  There are 

23    119 companies with less than 50 customers, 

24    another 40 companies with 50 to 100 customers, 

25    and approximately 118 systems run by homeowners' 


                                                               4892

 1    associations.  And yet these small water 

 2    companies also often fall through the cracks of 

 3    smart and important regulations.  

 4                 One of those small systems is in 

 5    Hurley, New York, in Ulster County, where dozens 

 6    of people have been forced to live with toxic 

 7    contaminated water because the small private 

 8    water company was not held to the standard of 

 9    making sure that the people who they are sworn to 

10    protect with their company and the water access 

11    have not been upholding their side of the bargain 

12    and not been providing clean water.  

13                 We know here water is a right.  

14    There is a patchwork of impractical regulations 

15    surrounding small water companies that allow many 

16    to fall through the cracks and skirt their 

17    responsibilities to maintain their water systems 

18    and provide clean water and safe water to their 

19    customers.  

20                 The Small Water Utility Transparency 

21    Act will create the first-ever state audits of 

22    private water companies.  It also seeks to 

23    protect customers who rely on private water 

24    companies for their water.  This is an incredibly 

25    important bill, something that I am incredibly 


                                                               4893

 1    proud to champion that will help nearly 1 million 

 2    people in the State of New York finally have 

 3    access to clean water when they have been at 

 4    their wits' end trying to figure out how they can 

 5    hold these small companies accountable.  

 6                 We've seen time and again these 

 7    small water companies ignore their responsibility 

 8    to provide clean water and instead focus on 

 9    profit margins and personal gain over people's 

10    health and safety.  This is a critical step in 

11    making sure that we uphold our side of the 

12    bargain of ensuring everyone across our state has 

13    access to clean water.  

14                 Thank you, Madam President.  I 

15    proudly vote aye.

16                 ACTING PRESIDENT PERSAUD:   Senator 

17    Hinchey to be recorded in the affirmative.

18                 Announce the results.

19                 THE SECRETARY:   In relation to 

20    Calendar Number 1811, voting in the negative:  

21    Senator Martucci.

22                 Ayes, 62.  Nays, 1.

23                 ACTING PRESIDENT PERSAUD:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               4894

 1    1812, Senate Print 8682, by Senator Cooney, an 

 2    act to amend the Retirement and Social Security 

 3    Law.

 4                 ACTING PRESIDENT PERSAUD:   There is 

 5    a home-rule message at the desk.

 6                 Read the last section.

 7                 THE SECRETARY:   Section 6.  This 

 8    act shall take effect immediately.  

 9                 ACTING PRESIDENT PERSAUD:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT PERSAUD:   Announce 

13    the results.

14                 THE SECRETARY:   In relation to 

15    Calendar Number 1812, voting in the negative:  

16    Senator Brisport.  

17                 Ayes, 62.  Nays, 1.

18                 ACTING PRESIDENT PERSAUD:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    1813, Assembly Print Number 9878, by 

22    Assemblymember Conrad, an act to amend the 

23    Education Law.

24                 ACTING PRESIDENT PERSAUD:   Read the 

25    last section.


                                                               4895

 1                 THE SECRETARY:   Section 2.  This 

 2    act shall take effect immediately.

 3                 ACTING PRESIDENT PERSAUD:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT PERSAUD:   Announce 

 7    the results.

 8                 THE SECRETARY:   Ayes, 63.

 9                 ACTING PRESIDENT PERSAUD:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    1814, Assembly Print Number 9803, by 

13    Assemblymember Stern, an act to amend the 

14    Public Authorities Law.

15                 ACTING PRESIDENT PERSAUD:   Read the 

16    last section.

17                 THE SECRETARY:   Section 2.  This 

18    act shall take effect immediately.

19                 ACTING PRESIDENT PERSAUD:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT PERSAUD:   Announce 

23    the results.

24                 THE SECRETARY:   Ayes, 63.

25                 ACTING PRESIDENT PERSAUD:   The bill 


                                                               4896

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    1815, Senate Print 7419, by Senator Harckham, an 

 4    act to amend the Environmental Conservation Law.

 5                 ACTING PRESIDENT PERSAUD:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 2.  This 

 8    act shall take effect immediately.

 9                 ACTING PRESIDENT PERSAUD:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT PERSAUD:   Announce 

13    the results.

14                 THE SECRETARY:   In relation to 

15    Calendar Number 1815, voting in the negative:  

16    Senator Martucci.  

17                 Ayes, 62.  Nays, 1.

18                 ACTING PRESIDENT PERSAUD:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    1816, Assembly Print Number 4601, by 

22    Assemblymember Barnwell, an act to amend the 

23    General Obligations Law.

24                 ACTING PRESIDENT PERSAUD:   Read the 

25    last section.


                                                               4897

 1                 THE SECRETARY:   Section 2.  This 

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

 3    shall have become a law.

 4                 ACTING PRESIDENT PERSAUD:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT PERSAUD:   Announce 

 8    the results.

 9                 THE SECRETARY:   Ayes, 63.

10                 ACTING PRESIDENT PERSAUD:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    1817, Senate Print 8951, by Senator Ritchie, an 

14    act to authorize Donald Quehl to take the 

15    competitive civil service examination.

16                 ACTING PRESIDENT PERSAUD:   There is 

17    a home-rule message at the desk.

18                 Read the last section.

19                 THE SECRETARY:   Section 3.  This 

20    act shall take effect immediately.

21                 ACTING PRESIDENT PERSAUD:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT PERSAUD:   Announce 

25    the results.


                                                               4898

 1                 THE SECRETARY:   In relation to 

 2    Calendar Number 1817, voting in the negative:  

 3    Senator Brisport.

 4                 Ayes, 62.  Nays, 1.

 5                 ACTING PRESIDENT PERSAUD:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    1818, Assembly Print Number 10109, by 

 9    Assemblymember Zebrowski, an act in relation to 

10    amending state construction and commodity 

11    contracts.

12                 ACTING PRESIDENT PERSAUD:   Read the 

13    last section.

14                 THE SECRETARY:   Section 2.  This 

15    act shall take effect immediately.

16                 ACTING PRESIDENT PERSAUD:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT PERSAUD:   Announce 

20    the results.

21                 THE SECRETARY:   Ayes, 63.

22                 ACTING PRESIDENT PERSAUD:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 

25    1819, Senate Print 9209, by Senator Hoylman, an 


                                                               4899

 1    act to amend the General Obligations Law.

 2                 ACTING PRESIDENT PERSAUD:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 2.  This 

 5    act shall take effect immediately.

 6                 ACTING PRESIDENT PERSAUD:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT PERSAUD:   Announce 

10    the results.

11                 THE SECRETARY:   Ayes, 63.

12                 ACTING PRESIDENT PERSAUD:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    1820, Senate Print 8896, by Senator Kaplan, an 

16    act in relation to authorizing the incorporated 

17    Village of Mineola, County of Nassau, to 

18    establish and operate a commercial sanitation 

19    district.  

20                 ACTING PRESIDENT PERSAUD:   There is 

21    a home-rule message at the desk.

22                 Read the last section.  

23                 THE SECRETARY:   Section 2.  This 

24    act shall take effect immediately.

25                 ACTING PRESIDENT PERSAUD:   Call the 


                                                               4900

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT PERSAUD:   Announce 

 4    the results.

 5                 THE SECRETARY:   In relation to 

 6    Calendar 1820, those Senators voting in the 

 7    negative are Senators Griffo, Helming, Jordan, 

 8    Palumbo, Serino and Weik.  Also Senator Lanza.  

 9                 Ayes, 56.  Nays, 7. 

10                 ACTING PRESIDENT PERSAUD:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    1821, Assembly Print Number 10236A, by the 

14    Assembly Committee on Rules, an act to amend the 

15    Village Law.

16                 ACTING PRESIDENT PERSAUD:   Read the 

17    last section.

18                 THE SECRETARY:   Section 2.  This 

19    act shall take effect immediately.  

20                 ACTING PRESIDENT PERSAUD:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT PERSAUD:   Announce 

24    the results.

25                 THE SECRETARY:   Ayes, 63.


                                                               4901

 1                 ACTING PRESIDENT PERSAUD:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    1822, Assembly Print Number 10417, by the 

 5    Assembly Committee on Rules, an act in relation 

 6    to authorizing the County of Suffolk to convey by 

 7    appropriate instruments to the Hampton Bays Water 

 8    District.

 9                 ACTING PRESIDENT PERSAUD:   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 PERSAUD:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT PERSAUD:   Announce 

18    the results.

19                 THE SECRETARY:   Ayes, 63.

20                 ACTING PRESIDENT PERSAUD:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    1823, Senate Print 8940A, by Senator Kaplan, an 

24    act in relation to authorizing the assessor of 

25    the County of Nassau to accept from the Mineola 


                                                               4902

 1    Union Free School District an application for 

 2    exemption from real property taxes.

 3                 ACTING PRESIDENT PERSAUD:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 2.  This 

 6    act shall take effect immediately.

 7                 ACTING PRESIDENT PERSAUD:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT PERSAUD:   Announce 

11    the results.  

12                 THE SECRETARY:   In relation to 

13    Calendar Number 1823, voting in the negative are 

14    Senators Akshar and O'Mara.  

15                 Ayes, 61.  Nays, 2.

16                 ACTING PRESIDENT PERSAUD:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    1824, Senate Print 9422, by Senator Parker, an 

20    act to amend the Public Service Law.

21                 ACTING PRESIDENT PERSAUD:   Read the 

22    last section.

23                 THE SECRETARY:   Section 13.  This 

24    act shall take effect immediately.

25                 ACTING PRESIDENT PERSAUD:   Call the 


                                                               4903

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT PERSAUD:   Announce 

 4    the results.

 5                 THE SECRETARY:   Ayes, 63.

 6                 ACTING PRESIDENT PERSAUD:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    1825, Assembly Print Number 9969, by 

10    Assemblymember Paulin, an act to amend the 

11    Not-For-Profit Corporation Law.

12                 ACTING PRESIDENT PERSAUD:   Read the 

13    last section.

14                 THE SECRETARY:   Section 2.  This 

15    act shall take effect immediately.

16                 ACTING PRESIDENT PERSAUD:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT PERSAUD:   Announce 

20    the results.

21                 THE SECRETARY:   Ayes, 63.

22                 ACTING PRESIDENT PERSAUD:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 

25    1826, Assembly Print Number 10425, by the 


                                                               4904

 1    Assembly Committee on Rules, an act to amend the 

 2    Civil Service Law and the Labor Law.

 3                 ACTING PRESIDENT PERSAUD:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 2.  This 

 6    act shall take effect immediately.  

 7                 ACTING PRESIDENT PERSAUD:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT PERSAUD:   Senator 

11    Jackson to explain his vote.

12                 SENATOR JACKSON:   Thank you, 

13    Madam President.

14                 My colleagues, I rise to speak in 

15    support of my bill S9347.  

16                 For over 30 years the federal courts 

17    aligned retiree health insurance with ongoing 

18    collective bargaining agreement relationships, 

19    meaning that pension systems intended retirees to 

20    continue their health benefits even though the 

21    collective bargaining agreement did not outline 

22    that access -- especially when eligibility for 

23    retiree health insurance was associated with 

24    pension eligibility.

25                 If the courts believed that retiree 


                                                               4905

 1    health benefits lasted as long as the collective 

 2    bargaining agreement duration, then after that 

 3    point the health benefits would not exist for 

 4    those retirees.

 5                 Unfortunately, the Court of Appeals 

 6    has taken it upon itself to reinterpret law 

 7    outside of their legal authority.  The Court of 

 8    Appeals recently ruled the collective bargaining 

 9    agreement must be explicit in making retiree 

10    health insurance available for life or be 

11    sufficiently vague in the agreement language to 

12    allow the outside evidence to interpret those 

13    benefits not stated outright.

14                 This bill undoes the erroneous 

15    ruling and allows outside evidence to be admitted 

16    by a court or other forum to determine whether 

17    the parties intended retiree health insurance to 

18    have their benefits beyond the time frames of a 

19    collective bargaining treatment.

20                 If this Court of Appeals ruling 

21    stands, a retiree's benefits would be eliminated 

22    and employee organizations and labor 

23    organizations would not get the benefit of their 

24    collective bargaining agreement.

25                 I proudly vote aye in favor of this 


                                                               4906

 1    bill.

 2                 ACTING PRESIDENT PERSAUD:   Senator 

 3    Jackson to be recorded in the affirmative.

 4                 Announce the results.

 5                 THE SECRETARY:   Ayes, 63.

 6                 ACTING PRESIDENT PERSAUD:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    1827, Senate Print 9402, by Senator Stavisky, an 

10    act to amend the Education Law.

11                 ACTING PRESIDENT PERSAUD:   Read the 

12    last section.

13                 THE SECRETARY:   Section 3.  This 

14    act shall take effect immediately.  

15                 ACTING PRESIDENT PERSAUD:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT PERSAUD:   Announce 

19    the results.

20                 THE SECRETARY:   In relation to 

21    Calendar Number 1827, voting in the negative are 

22    Senators Helming and Ortt.

23                 Ayes, 61.  Nays, 2.

24                 ACTING PRESIDENT PERSAUD:   The bill 

25    is passed.


                                                               4907

 1                 THE SECRETARY:   Calendar Number 

 2    1828, Senate Print 1964A, by Senator Brooks, an 

 3    act to amend the General Municipal Law.

 4                 ACTING PRESIDENT PERSAUD:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 2.  This 

 7    act shall take effect immediately.

 8                 ACTING PRESIDENT PERSAUD:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT PERSAUD:   Announce 

12    the results.

13                 THE SECRETARY:   Ayes, 63.

14                 ACTING PRESIDENT PERSAUD:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    1829, Senate Print 3882A, by Senator Kennedy, an 

18    act to amend the Transportation Law.

19                 ACTING PRESIDENT PERSAUD:   Read the 

20    last section.

21                 THE SECRETARY:   Section 2.  This 

22    act shall take effect on the first of April.

23                 ACTING PRESIDENT PERSAUD:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               4908

 1                 ACTING PRESIDENT PERSAUD:   Announce 

 2    the results.

 3                 THE SECRETARY:   Ayes, 63.

 4                 ACTING PRESIDENT PERSAUD:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    1830, Assembly Print Number 3409A, by 

 8    Assemblymember Lavine, an act to amend the 

 9    Tax Law.

10                 ACTING PRESIDENT PERSAUD:   Read the 

11    last section.

12                 THE SECRETARY:   Section 2.  This 

13    act shall take effect immediately.  

14                 ACTING PRESIDENT PERSAUD:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT PERSAUD:   Announce 

18    the results.

19                 THE SECRETARY:   Ayes, 63.

20                 ACTING PRESIDENT PERSAUD:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    1831, Senate Print 7506, by Senator Addabbo, an 

24    act to amend the Insurance Law.

25                 ACTING PRESIDENT PERSAUD:   Read the 


                                                               4909

 1    last section.

 2                 THE SECRETARY:   Section 4.  This 

 3    act shall take effect on the first of January.

 4                 ACTING PRESIDENT PERSAUD:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT PERSAUD:   Announce 

 8    the results.

 9                 THE SECRETARY:   Ayes, 63.

10                 ACTING PRESIDENT PERSAUD:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    1833, Senate Print 7613, by Senator Kaminsky, an 

14    act to amend the Public Officers Law.

15                 ACTING PRESIDENT PERSAUD:   Read the 

16    last section.

17                 THE SECRETARY:   Section 2.  This 

18    act shall take effect immediately.

19                 ACTING PRESIDENT PERSAUD:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT PERSAUD:   Announce 

23    the results.

24                 THE SECRETARY:   Ayes, 63.

25                 ACTING PRESIDENT PERSAUD:   The bill 


                                                               4910

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    1834, Senate Print 8326A, by Senator Mannion, an 

 4    act to amend the Mental Hygiene Law.

 5                 ACTING PRESIDENT PERSAUD:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 2.  This 

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

 9    shall have become a law.

10                 ACTING PRESIDENT PERSAUD:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT PERSAUD:   Announce 

14    the results.

15                 THE SECRETARY:   In relation to 

16    Calendar Number 1834, voting in the negative:  

17    Senator Ritchie.  

18                 Ayes, 62.  Nays, 1.

19                 ACTING PRESIDENT PERSAUD:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    1835, Assembly Print Number 8427, by 

23    Assemblymember Galef, an act to amend the Real 

24    Property Tax Law.

25                 SENATOR LANZA:   Lay it aside.


                                                               4911

 1                 ACTING PRESIDENT PERSAUD:   Lay it 

 2    aside.

 3                 THE SECRETARY:   Calendar Number 

 4    1836, Senate Print 7685B, by Senator Gaughran, an 

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

 6    Breeding Law.

 7                 ACTING PRESIDENT PERSAUD:   There is 

 8    a home-rule message at the desk.

 9                 Read the last section.

10                 THE SECRETARY:   Section 3.  This 

11    act shall take effect immediately.

12                 ACTING PRESIDENT PERSAUD:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT PERSAUD:   Senator 

16    Gaughran to explain his vote.

17                 SENATOR GAUGHRAN:   Thank you, 

18    Madam President.

19                 You know, for the last four years 

20    I've had the honor to serve on the Racing and 

21    Wagering Committee with our distinguished chair, 

22    my friend Senator Joe Addabbo.  And we have very 

23    carefully and responsibly as a committee, I 

24    believe, moved this state forward with gaming, 

25    the results of which has been hundreds of 


                                                               4912

 1    millions of dollars more to public education.  

 2                 And it has been done responsibly, as 

 3    Chairman Addabbo has insisted on, and we have 

 4    made sure that we have innovative programs that 

 5    we don't have anywhere else in the nation, to 

 6    make sure that we're doing all we can to assist 

 7    those who have gambling addictions.

 8                 So tonight, which I guess is the 

 9    second-to-last night I will be in this chamber, I 

10    am very grateful to Senator Addabbo, Majority 

11    Leader Andrea Stewart-Cousins, and my colleagues 

12    for giving me the opportunity to pass this very 

13    important legislation for my home county of 

14    Suffolk.  Because not only will it provide, for 

15    years to come, tens of millions of dollars more 

16    for public education, but it will also provide 

17    about $10 million a year more for the County of 

18    Suffolk, which our county executive, Steve 

19    Bellone, has pledged will be used for a permanent 

20    economic development program that will include 

21    the down payment for our very first convention 

22    center that will be built by union labor and will 

23    provide great jobs for decades to come.  

24                 So thank you, Madam President, and I 

25    vote in the affirmative.


                                                               4913

 1                 ACTING PRESIDENT PERSAUD:   Senator 

 2    Gaughran to be recorded in the affirmative.

 3                 Announce the results.

 4                 THE SECRETARY:   In relation to 

 5    Calendar 1836, those Senators voting in the 

 6    negative are Senators Borrello, Brisport, 

 7    Gallivan, Griffo, Helming, Jordan, Lanza, O'Mara, 

 8    Ortt, Rath, Ritchie, Serino, Stec and Tedisco.

 9                 Ayes, 49.  Nays, 14.

10                 ACTING PRESIDENT PERSAUD:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    1837, Senate Print 8063A, by Senator Ramos, an 

14    act to amend the Labor Law.

15                 ACTING PRESIDENT PERSAUD:   Read the 

16    last section.

17                 THE SECRETARY:   Section 2.  This 

18    act shall take effect immediately.

19                 ACTING PRESIDENT PERSAUD:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT PERSAUD:   Senator 

23    Serino to explain her vote.

24                 SENATOR SERINO:   Thank you, 

25    Madam President.


                                                               4914

 1                 I'm in support of this bill because 

 2    we want to ensure that staff is fully present 

 3    when they are at the job.  

 4                 However, we continue to miss the 

 5    mark on this issue.  Nursing homes and all elder 

 6    care settings need more qualified staff.  We 

 7    can't keep piling on the restrictions without 

 8    getting them trained quality staff that can 

 9    afford to provide high-quality care.  

10                 And punitive damages only go so far 

11    if a facility simply does not have the staff to 

12    meet the need.  We have to do more here in 

13    New York to incentivize residents to get in and 

14    stay in these fields.  And until we have enough 

15    qualified staff, we will continue to see the 

16    problems you're trying to eradicate actually 

17    persist.

18                 In trying to stop bad actors, we 

19    cannot inadvertently hurt those who are trying to 

20    do their best to provide quality care for those 

21    New Yorkers who need it most.  

22                 So Madam President, I'll be voting 

23    aye, but I urge this body to reconsider its 

24    approach and redouble our efforts and resources 

25    to get more staff to the places that they are 


                                                               4915

 1    needed most.  

 2                 As the state moves forward to 

 3    implement its master plan on aging, addressing 

 4    staffing shortages in healthcare for aging 

 5    New Yorkers must be our top priority.

 6                 Thank you, Madam President.  I vote 

 7    aye.

 8                 ACTING PRESIDENT PERSAUD:   Senator 

 9    Serino to be recorded in the affirmative.

10                 Announce the results.

11                 THE SECRETARY:   In relation to 

12    Calendar Number 1837, those Senators voting in 

13    the negative are Senators Borrello, Gallivan, 

14    Martucci and Rath.  Also Senator Ritchie.  

15                 Ayes, 58.  Nays, 5.

16                 ACTING PRESIDENT PERSAUD:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    1838, Assembly Print Number 9581, by 

20    Assemblymember Abbate, an act to amend the 

21    Retirement and Social Security Law.

22                 ACTING PRESIDENT PERSAUD:   Read the 

23    last section.

24                 THE SECRETARY:   Section 2.  This 

25    act shall take effect immediately.


                                                               4916

 1                 ACTING PRESIDENT PERSAUD:   Call the 

 2    roll.

 3                 (The Secretary called the roll.)

 4                 ACTING PRESIDENT PERSAUD:   Announce 

 5    the results.

 6                 THE SECRETARY:   Ayes, 63.

 7                 ACTING PRESIDENT PERSAUD:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    1839, Senate Print 8524C, by Senator Harckham, an 

11    act to amend the Vehicle and Traffic Law.

12                 ACTING PRESIDENT PERSAUD:   Read the 

13    last section.

14                 THE SECRETARY:   Section 2.  This 

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

16    shall have become a law.

17                 ACTING PRESIDENT PERSAUD:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT PERSAUD:   Announce 

21    the results.

22                 THE SECRETARY:   Ayes, 63.

23                 ACTING PRESIDENT PERSAUD:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               4917

 1    1840, Senate Print 8827A, by Senator Rivera, an 

 2    act in relation to the definition of safety-net 

 3    providers.

 4                 ACTING PRESIDENT PERSAUD:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 2.  This 

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

 8    same manner as Chapter 53 of the Laws of 2022.

 9                 ACTING PRESIDENT PERSAUD:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT PERSAUD:   Senator 

13    Rivera to explain his vote.

14                 SENATOR RIVERA:   Thank you, 

15    Madam President.

16                 Earlier this year we passed a budget 

17    that certainly wasn't perfect, but one of the 

18    things that we managed to do with it is that we 

19    started turning the ship on what has been years 

20    and years of austerity in our public health 

21    system, our Medicaid system, our hospitals all 

22    over the state.  And we identified millions of 

23    dollars, Madam President, to make sure that we 

24    give to the most needy hospitals all across the 

25    state.


                                                               4918

 1                 Unfortunately, the definition that 

 2    currently -- there is, I should say, currently no 

 3    definition to actually give us exactly where this 

 4    money should go.  Which is why I'm incredibly 

 5    thankful to Leader Andrea Stewart-Cousins for 

 6    bringing this bill before us.  It provides a 

 7    definition of what a safety-net provider is.  

 8                 We want to make sure that the money 

 9    that we appropriated earlier this year goes to 

10    the safety-net providers that are most in need.  

11    That's not just only in my backyard, 

12    Madam President, but all across our state.  

13    Whether it is in the North Country, whether it's 

14    in the Southern Tier, whether it's in Long Island 

15    and certainly whether it's in the Bronx, we want 

16    to make sure that every dollar goes to those 

17    facilities that need the money the most.  

18                 And that's why I'm incredibly 

19    thankful that the leader brought this bill before 

20    us, and why I'm proud to vote in the affirmative.  

21                 Thank you, Madam President.

22                 ACTING PRESIDENT PERSAUD:   Senator 

23    Rivera to be recorded in the affirmative.

24                 Announce the results.

25                 THE SECRETARY:   Ayes, 63.


                                                               4919

 1                 ACTING PRESIDENT PERSAUD:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    1841, Assembly Bill Number 10224A, by the 

 5    Assembly Committee on Rules, an act in relation 

 6    to creating a temporary commission to conduct a 

 7    comprehensive study on the current utilization of 

 8    paid family leave.

 9                 ACTING PRESIDENT PERSAUD:   Read the 

10    last section.

11                 THE SECRETARY:   Section 2.  This 

12    act shall take effect immediately.

13                 ACTING PRESIDENT PERSAUD:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT PERSAUD:   Announce 

17    the results.

18                 THE SECRETARY:   In relation to 

19    Calendar 1841, those Senators voting in the 

20    negative are Senators Helming, Jordan, Ortt and 

21    Serino.

22                 Ayes, 59.  Nays, 4.

23                 ACTING PRESIDENT PERSAUD:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               4920

 1    1842, Assembly Bill Number 8472, by 

 2    Assemblymember Gottfried, an act to amend the 

 3    Public Health Law.

 4                 ACTING PRESIDENT PERSAUD:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 2.  This 

 7    act shall take effect immediately.

 8                 ACTING PRESIDENT PERSAUD:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT PERSAUD:   Announce 

12    the results.

13                 THE SECRETARY:   In relation to 

14    Calendar 1842, those Senators voting in the 

15    negative are Senators Borrello, Gallivan, Griffo, 

16    Helming, Jordan, Mattera, Oberacker, O'Mara, 

17    Ortt, Palumbo, Rath, Ritchie, Serino, Stec, 

18    Tedisco and Weik.  Also Senator Lanza.

19                 Ayes, 46.  Nays, 17.

20                 ACTING PRESIDENT PERSAUD:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    1843, Senate Print Number 9434, by 

24    Senator Reichlin-Melnick, an act to amend the 

25    Public Authorities Law.


                                                               4921

 1                 ACTING PRESIDENT PERSAUD:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 8.  This 

 4    act shall take effect immediately.  

 5                 ACTING PRESIDENT PERSAUD:   Call the 

 6    roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT PERSAUD:   Announce 

 9    the results.  

10                 THE SECRETARY:   Ayes, 63.

11                 ACTING PRESIDENT PERSAUD:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 

14    1844, Assembly Print Number 10491, by the 

15    Assembly Committee on Rules, an act to amend the 

16    Penal Law.

17                 ACTING PRESIDENT PERSAUD:   Read the 

18    last section.

19                 THE SECRETARY:   Section 2.  This 

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

21    shall have become a law.

22                 ACTING PRESIDENT PERSAUD:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT PERSAUD:   Announce 


                                                               4922

 1    the results.

 2                 THE SECRETARY:   In relation to 

 3    Calendar Number 1844, voting in the negative are 

 4    Senators Brisport and Salazar.

 5                 Ayes, 61.  Nays, 2.

 6                 ACTING PRESIDENT PERSAUD:   The bill 

 7    is passed.

 8                 Senator Gianaris, that completes the 

 9    reading of today's supplemental calendar.

10                 SENATOR GIANARIS:   Madam President, 

11    can we lay aside Calendar 1835 for the day.

12                 ACTING PRESIDENT PERSAUD:   The bill 

13    will be laid aside for the day.

14                 SENATOR GIANARIS:   Is there any 

15    further business at the desk?

16                 ACTING PRESIDENT PERSAUD:   There is 

17    no further business at the desk.

18                 SENATOR GIANARIS:   Move to adjourn 

19    until tomorrow, Thursday, June 2nd, at 11:00 a.m.

20                 ACTING PRESIDENT PERSAUD:   On 

21    motion, the Senate stands adjourned until 

22    Thursday, June 2nd, at 11:00 a.m.

23                 (Whereupon, at 11:40 p.m., the 

24    Senate adjourned.)

25