Regular Session - June 5, 2023

                                                                   4988

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    June 5, 2023

11                      3:15 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR SHELLEY B. MAYER, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               4989

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

 2                 ACTING PRESIDENT MAYER:   The Senate 

 3    will come to order.  

 4                 I ask everyone present to please 

 5    rise and recite the Pledge of Allegiance.

 6                 (Whereupon, the assemblage recited 

 7    the Pledge of Allegiance to the Flag.) 

 8                 ACTING PRESIDENT MAYER:   Today 

 9    Pastor Ronald Lemon, from Koinonia Christian 

10    Fellowship in Jamestown, New York, will deliver 

11    the invocation.

12                 Pastor?  

13                 PASTOR LEMON:   I'd like to thank my 

14    Senator, Senator Borrello, for inviting me for 

15    this honor.  It's a privilege and an honor to be 

16    here.

17                 Shall we pray.

18                 God of heaven, Creator of the earth, 

19    God of Abraham, Isaac and Jacob, the God who 

20    became human and paid the price for redemption of 

21    all sin and sinners, God, I call upon You, the 

22    living God Who saves and redeems those who are 

23    humble enough to repent of sin and to trust in 

24    Your name alone.

25                 Lord, I declare You, Jesus, as King 


                                                               4990

 1    of Kings and Lord of Lords over New York State, 

 2    and I pray for revival in our state and in our 

 3    nation.

 4                 God, I humbly come before Your 

 5    throne of grace today, and I ask You for mercy 

 6    and grace.  Lord, You say in Your word that 

 7    wisdom is the principal thing.  So today, God, 

 8    with a repentant heart, I ask You for wisdom and 

 9    guidance for my fellow New Yorkers today as they 

10    make difficult decisions on behalf of the 

11    constituents from Buffalo to Long Island, from 

12    Jamestown to Plattsburgh, and everywhere in 

13    between.

14                 God, may those decisions be made 

15    with a pure and humble heart and an understanding 

16    that You are a just and true judge, that You will 

17    not grade on a curve.  May You bless that which 

18    is done today that is good and noble, and may You 

19    by Your mighty hand stop that which is evil in 

20    Your sight.

21                 I invite Your conviction, 

22    Holy Spirit, upon that which is offensive to the 

23    God of heaven and earth.  Give us the wisdom to 

24    know the difference, according to Your standard 

25    and not ours.


                                                               4991

 1                 Thank you, Lord, for Your 

 2    willingness to go to the cross and pay the price 

 3    to redeem us all.  You are the Way, the Truth, 

 4    and the Life, and the Author of eternal 

 5    salvation.

 6                 Finally, Lord, we lift up those who 

 7    are being treated unjustly, both the preborn and 

 8    those born with the odds stacked against them.  

 9    May we lend them a hand up, not just a handout.  

10    May we offer them a greater love than government 

11    can provide.  

12                 May we offer them Your prosperity 

13    and Your love, O God.  May we realize that You do 

14    not judge based on the color of our skin, but You 

15    judge based on the color of our heart, and You 

16    alone can cleanse the heart and purify it.

17                 Send revival, O God, I ask, 

18    according to Your will and Your word, in Your 

19    way, at Your time -- but above all, God, for Your 

20    purpose and glory.  

21                 I ask in the mighty, wonderful, 

22    powerful name of Jesus Christ, amen and amen.

23                 (Response of "Amen.")

24                 ACTING PRESIDENT MAYER:   Reading of 

25    the Journal.


                                                               4992

 1                 THE SECRETARY:   In Senate, Sunday, 

 2    June 4, 2023, the Senate met pursuant to 

 3    adjournment.  The Journal of Saturday, June 3, 

 4    2023, was read and approved.  On motion, the 

 5    Senate adjourned.

 6                 ACTING PRESIDENT MAYER:   Without 

 7    objection, the Journal stands approved as read.

 8                 Presentation of petitions.

 9                 Messages from the Assembly.

10                 The Secretary will read.

11                 THE SECRETARY:   Senator Serrano 

12    moves to discharge, from the Committee on 

13    Cities 1, Assembly Bill Number 3933A and 

14    substitute it for the identical Senate Bill 727, 

15    Third Reading Calendar 252.

16                 ACTING PRESIDENT MAYER:   Some 

17    order, please.

18                 THE SECRETARY:   Senator Liu moves 

19    to discharge, from the Committee on Rules, 

20    Assembly Bill Number 68A and substitute it for 

21    the identical Senate Bill 2140B, Third Reading 

22    Calendar 287.

23                 Senator Serrano moves to discharge, 

24    from the Committee on Cultural Affairs, Tourism, 

25    Parks and Recreation, Assembly Bill Number 5022A 


                                                               4993

 1    and substitute it for the identical Senate Bill 

 2    809A, Third Reading Calendar 323.

 3                 Senator Thomas moves to discharge, 

 4    from the Committee on Consumer Protection, 

 5    Assembly Bill Number 2258B and substitute it for 

 6    the identical Senate Bill 358B, Third Reading 

 7    Calendar 325.

 8                 Senator Mayer moves to discharge, 

 9    from the Committee on Labor, Assembly Bill 

10    Number 398A and substitute it for the identical 

11    Senate Bill 4878A, Third Reading Calendar 419.

12                 Senator May moves to discharge, from 

13    the Committee on Commerce, Economic Development 

14    and Small Business, Assembly Bill Number 2884 and 

15    substitute it for the identical Senate Bill 3534, 

16    Third Reading Calendar 594.

17                 Senator Mayer moves to discharge, 

18    from the Committee on Consumer Protection, 

19    Assembly Bill Number 5610D and substitute it for 

20    the identical Senate Bill 5823C, Third Reading 

21    Calendar 663.

22                 Senator Fernandez moves to 

23    discharge, from the Committee on Rules, 

24    Assembly Bill Number 3403A and substitute it for 

25    the identical Senate Bill 3586A, Third Reading 


                                                               4994

 1    Calendar 1087.

 2                 Senator Comrie moves to discharge, 

 3    from the Committee on Local Government, 

 4    Assembly Bill Number 4847A and substitute it for 

 5    the identical Senate Bill 520A, Third Reading 

 6    Calendar 1360.

 7                 Senator Ryan moves to discharge, 

 8    from the Committee on Rules, Assembly Bill 

 9    Number 4439 and substitute it for the identical 

10    Senate Bill 3009, Third Reading Calendar 1365.

11                 Senator Jackson moves to discharge, 

12    from the Committee on Finance, Assembly Bill 

13    Number 4008 and substitute it for the identical 

14    Senate Bill 3492, Third Reading Calendar 1367.

15                 Senator Gallivan moves to discharge, 

16    from the Committee on Rules, Assembly Bill Number 

17    5897B and substitute it for the identical 

18    Senate Bill 4564B, Third Reading Calendar 1369.

19                 Senator Gounardes moves to 

20    discharge, from the Committee on Civil Service 

21    and Pensions, Assembly Bill Number 3335B and 

22    substitute it for the identical Senate Bill 

23    Number 4811B, Third Reading Calendar 1370.

24                 Senator Hinchey moves to discharge, 

25    from the Committee on Finance, Assembly Bill 


                                                               4995

 1    Number 5587 and substitute it for the identical 

 2    Senate Bill 4858, Third Reading Calendar 1371.

 3                 ACTING PRESIDENT MAYER:   Can we 

 4    have some order.

 5                 THE SECRETARY:   Senator Webb moves 

 6    to discharge, from the Committee on Finance, 

 7    Assembly Bill Number 5762 and substitute it for 

 8    the identical Senate Bill 5605, Third Reading 

 9    Calendar 1377.

10                 Senator Brisport moves to discharge, 

11    from the Committee on Rules, Assembly Bill 

12    Number 5960 and substitute it for the identical 

13    Senate Bill 5900, Third Reading Calendar 1379.

14                 Senator Martinez moves to discharge, 

15    from the Committee on Finance, Assembly Bill 

16    Number 6565 and substitute it for the identical 

17    Senate Bill 6102, Third Reading Calendar 1380.

18                 Senator Martinez moves to discharge, 

19    from the Committee on Rules, Assembly Bill 

20    Number 7400 and substitute it for the identical 

21    Senate Bill 6122, Third Reading Calendar 1381.  

22                 Senator Persaud moves to discharge, 

23    from the Committee on Finance, Assembly Bill 

24    Number 2825 and substitute it for the identical 

25    Senate Bill 6596, Third Reading Calendar 1391.


                                                               4996

 1                 Senator Sepúlveda moves to 

 2    discharge, from the Committee on Rules, 

 3    Assembly Bill Number 7061A and substitute it for 

 4    the identical Senate Bill 6682A, Third Reading 

 5    Calendar 1393.

 6                 Senator Chu moves to discharge, from 

 7    the Committee on Rules, Assembly Bill Number 7359 

 8    and substitute it for the identical Senate Bill 

 9    6750, Third Reading Calendar 1394.

10                 Senator Jackson moves to discharge, 

11    from the Committee on Rules, Assembly Bill 

12    Number 7156 and substitute it for the identical 

13    Senate Bill 6861, Third Reading Calendar 1399.

14                 Senator Stec moves to discharge, 

15    from the Committee on Rules, Assembly Bill 

16    Number 7015 and substitute it for the identical 

17    Senate Bill 6876, Third Reading Calendar 1400.

18                 Senator Martinez moves to discharge, 

19    from the Committee on Local Government, 

20    Assembly Bill Number 5056 and substitute it for 

21    the identical Senate Bill 6940, Third Reading 

22    Calendar 1403.

23                 Senator Persaud moves to discharge, 

24    from the Committee on Transportation, Assembly 

25    Bill Number 7362 and substitute it for the 


                                                               4997

 1    identical Senate Bill 6945, Third Reading 

 2    Calendar 1407.

 3                 Senator Ryan moves to discharge, 

 4    from the Committee on Rules, Assembly Bill 

 5    Number 7383 and substitute it for the identical 

 6    Senate Bill 7068, Third Reading Calendar 1412.

 7                 Senator Martinez moves to discharge, 

 8    from the Committee on Rules, Assembly Bill 

 9    Number 7408 and substitute it for the identical 

10    Senate Bill 7080, Third Reading Calendar 1413.

11                 Senator Ramos moves to discharge, 

12    from the Committee on Rules, Assembly Bill 

13    Number 6551 and substitute it for the identical 

14    Senate Bill 7091, Third Reading Calendar 1414.

15                 Senator Mannion moves to discharge, 

16    from the Committee on Disabilities, Assembly Bill 

17    Number 6543 and substitute it for the identical 

18    Senate Bill 7094, Third Reading Calendar 1415.

19                 Senator Sepúlveda moves to 

20    discharge, from the Committee on Cities 1, 

21    Assembly Bill Number 6592 and substitute it for 

22    the identical Senate Bill 7116, Third Reading 

23    Calendar 1416.

24                 Senator Thomas moves to discharge, 

25    from the Committee on Rules, Assembly Bill 


                                                               4998

 1    Number 7254 and substitute it for the identical 

 2    Senate Bill 7361, Third Reading Calendar 1420.  

 3                 Senator Sanders moves to discharge, 

 4    from the Committee on Rules, Assembly Bill 

 5    Number 7646 and substitute it for the identical 

 6    Senate Bill 7371, Third Reading Calendar 1423.

 7                 Senator Salazar moves to discharge, 

 8    from the Committee on Rules, Assembly Bill 

 9    Number 7189 and substitute it for the identical 

10    Senate Bill 7373, Third Reading Calendar 1425.

11                 Senator Scarcella-Spanton moves to 

12    discharge, from the Committee on Environmental 

13    Conservation, Assembly Bill Number 7434 and 

14    substitute it for the identical Senate Bill 7377, 

15    Third Reading Calendar 1429.

16                 Senator Scarcella-Spanton moves to 

17    discharge, from the Committee on Veterans, 

18    Homeland Security and Military Affairs, 

19    Assembly Bill Number 7379 and substitute it for 

20    the identical Senate Bill 7378, Third Reading 

21    Calendar 1430.

22                 Senator Hoylman-Sigal moves to 

23    discharge, from the Committee on Investigations 

24    and Government Operations, Assembly Bill 

25    Number 7355 and substitute it for the identical 


                                                               4999

 1    Senate Bill 7382, Third Reading Calendar 1433.

 2                 Senator Breslin moves to discharge, 

 3    from the Committee on Rules, Assembly Bill 

 4    Number 4984B and substitute it for the identical 

 5    Senate Bill 4354A, Third Reading Calendar 479.

 6                 ACTING PRESIDENT MAYER:   So 

 7    ordered.

 8                 Messages from the Governor.

 9                 Reports of standing committees.

10                 Reports of select committees.

11                 Communications and reports from 

12    state officers.

13                 Motions and resolutions.

14                 Senator Gianaris.

15                 SENATOR GIANARIS:   Good afternoon, 

16    Madam President.  

17                 Amendments are offered to the 

18    following Third Reading Calendar bills:  

19                 By Senator Kavanagh, page 5, 

20    Calendar Number 200, Senate Print 1634A; 

21                 Senator Bailey, page 39, Calendar 

22    Number 1225, Senate Print 5965;

23                 Senator Skoufis, page 10, Calendar 

24    Number 365, Senate Print 3503;

25                 Senator Harckham, page 16, Calendar 


                                                               5000

 1    Number 595, Senate Print 4814;

 2                 Senator Brouk, page 31, Calendar 

 3    Number 1039, Senate Print 5516;

 4                 Senator May, page 34, Calendar 

 5    Number 1150, Senate Print 6606;

 6                 Senator Mannion, page 48, Calendar 

 7    Number 1366, Senate Print 3146; 

 8                 Senator Stewart-Cousins, page 54, 

 9    Calendar Number 1408, Senate Print 7026A;

10                 Senator Hinchey, page 66, Calendar 

11    Number 1519, Senate Print 6318;

12                 Senator Gianaris, page 67, Calendar 

13    Number 1529, Senate Print 6584;

14                 Senator Parker, page 5, Calendar 

15    Number 129, Senate Print 1303A;

16                 Senator Mayer, page 10, Calendar 

17    Number 346, Senate Print 2330A;

18                 Senator Addabbo, page 21, Calendar 

19    Number 754, Senate Print 4815;

20                 Senator Krueger, page 12, Calendar 

21    Number 429, Senate Print 158A;

22                 And Senator Rivera, page 32, 

23    Calendar Number 1056, Senate Print 6749A. 

24                 ACTING PRESIDENT MAYER:   The 

25    amendments are received, and the bills will 


                                                               5001

 1    retain their place on the Third Reading Calendar.

 2                 Senator Gianaris.

 3                 SENATOR GIANARIS:   I also wish to 

 4    call up the following bills, which were recalled 

 5    from the Assembly and are now at the desk.

 6                 Senate Bill Numbers 536, 5881, 6238, 

 7    5056, and 3313A.

 8                 ACTING PRESIDENT MAYER:   The 

 9    Secretary will read.

10                 THE SECRETARY:   Calendar Number 

11    149, Senate Print 536, by Senator Thomas, an act 

12    to amend the General Business Law.

13                 Calendar Number 600, Senate Print 

14    5881, by Senator Skoufis, an act to amend the 

15    Real Property Law.

16                 Calendar Number 870, Senate Print 

17    6238, by Senator Myrie, an act in relation to 

18    defining the term "mass shooting" for purposes of 

19    emergency response measures.

20                 Calendar Number 1098, Senate Print 

21    5056, by Senator Thomas, an act to amend the 

22    Financial Services Law.

23                 Calendar Number 990, Senate Print 

24    3313A, by Senator Skoufis, an act to amend the 

25    Legislative Law.


                                                               5002

 1                 SENATOR GIANARIS:   Move to 

 2    reconsider the vote by which these bills were 

 3    passed.

 4                 ACTING PRESIDENT MAYER:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 THE SECRETARY:   Ayes, 55.

 8                 ACTING PRESIDENT MAYER:   The bills 

 9    are restored to their place on the Third Reading 

10    Calendar.

11                 SENATOR GIANARIS:   I offer the 

12    following amendments.

13                 ACTING PRESIDENT MAYER:   The 

14    amendments are received, and the bills will 

15    retain their place on the Third Reading Calendar.

16                 Senator Gianaris.

17                 SENATOR GIANARIS:   On behalf of 

18    Senator Breslin, I move to amend Senate Bill 

19    1466A by striking out the amendments made on 

20    May 8th and restoring it to its original print, 

21    1466.

22                 ACTING PRESIDENT MAYER:   So 

23    ordered.

24                 SENATOR GIANARIS:   On behalf of 

25    Senator Kennedy, I move to amend Senate Bill 


                                                               5003

 1    2175A by striking out the amendments made on 

 2    May 30th and restoring it to its original print, 

 3    2175.

 4                 ACTING PRESIDENT MAYER:   So 

 5    ordered.

 6                 SENATOR GIANARIS:   Please recognize 

 7    Senator Lanza.

 8                 ACTING PRESIDENT MAYER:   Senator 

 9    Lanza.

10                 SENATOR LANZA:   Thank you, Senator 

11    Gianaris.

12                 Madam President, on behalf of 

13    Senator Griffo, on page 44 I offer the following 

14    amendments to Calendar Number 1297, Print Number 

15    6493A, and ask that said bill retain its place on 

16    Third Reading Calendar.

17                 ACTING PRESIDENT MAYER:   The 

18    amendments are received, and the bill will retain 

19    its place on the Third Reading Calendar.

20                 Senator Gianaris.

21                 SENATOR GIANARIS:   Madam President, 

22    at this time we're going to simultaneously call a 

23    meeting of the Committee on Rules in Room 332 and 

24    take up the calendar.

25                 ACTING PRESIDENT MAYER:   There will 


                                                               5004

 1    be an immediate meeting of the Rules Committee in 

 2    Room 332, and the Senate will continue with the 

 3    calendar.

 4                 The Secretary will read.

 5                 Calendar Number 129 is high and is 

 6    laid aside for the day.

 7                 THE SECRETARY:   Calendar Number 

 8    177, Senate Print 1936, by Senator Comrie, an act 

 9    to amend the Public Authorities 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:   Announce 

18    the results.

19                 THE SECRETARY:   Ayes, 56.

20                 ACTING PRESIDENT MAYER:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    203, Senate Print 1212B, by Senator Cleare, an 

24    act to amend the Environmental Conservation Law.

25                 ACTING PRESIDENT MAYER:   Read the 


                                                               5005

 1    last section.

 2                 THE SECRETARY:   Section 4.  This 

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

 4    shall have become a law.

 5                 ACTING PRESIDENT MAYER:   Call the 

 6    roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT MAYER:   Senator 

 9    Cleare to explain her vote.

10                 SENATOR CLEARE:   Thank you, 

11    Madam President.

12                 No amount of lead, no matter how 

13    small or microscopic in size, is safe, 

14    particularly for our children.  While we have 

15    fortunately taken strides with respect to the 

16    scourges of lead paint and lead in drinking 

17    water, lead can still be omnipresent in other 

18    sources, such as soil or air.  Furthermore, 

19    ambient lead in soil or air easily pollutes water 

20    and can attach to surfaces and regularly be 

21    breathed into the human body.  

22                 The federal EPA has been promising 

23    new lead standards for well over a decade.  Their 

24    most recent attempt was struck down by a federal 

25    court as inadequate.  As New Yorkers we know we 


                                                               5006

 1    can do better, and we must.  

 2                 Therefore, this bill requires our 

 3    own DEC to promulgate new standards based upon 

 4    emerging science and rigorous research.  The 

 5    bottom line is that no amount of lead is safe, 

 6    and this bill will finally recognize this 

 7    principle in state law.  

 8                 Upon implementation, it will save 

 9    lives.  I proudly vote aye.

10                 Thank you.

11                 ACTING PRESIDENT MAYER:   Senator 

12    Cleare to be recorded in the affirmative.

13                 Senator May to explain her vote.

14                 SENATOR MAY:   Thank you, 

15    Madam President.  

16                 I seem to rise every day in session 

17    and thank Senator Cleare for another piece of 

18    good legislation.  I'm going to do it again 

19    today.

20                 Lead dust is a scourge that we don't 

21    hear enough about, I think.  And we hear a lot 

22    about lead in lead pipes and lead paint, but lead 

23    dust and lead in soils left over from years of 

24    leaded gas, for example, is a true environmental 

25    crisis and a source of real poison for our 


                                                               5007

 1    children.

 2                 One of the good things about it is 

 3    that it is actually pretty easy to avoid.  If you 

 4    just take your those shoes off when you come in 

 5    the house, you're far less likely to track lead 

 6    dust into your house.  

 7                 But still we need to know the 

 8    parameters, we need to know where it exists, we 

 9    need families to be able to protect their 

10    children from that, and Senator Cleare's bill 

11    will help to do that.  

12                 So I proudly vote aye.

13                 ACTING PRESIDENT MAYER:   Senator 

14    May to be recorded in the affirmative.

15                 Announce the results.

16                 THE SECRETARY:   Ayes, 57.

17                 ACTING PRESIDENT MAYER:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    248, Senate Print 1867A, by Senator Brouk, an act 

21    to amend the Public Health Law.

22                 SENATOR SERRANO:   Lay the bill 

23    aside temporarily.

24                 ACTING PRESIDENT MAYER:   The bill 

25    is laid aside temporarily.


                                                               5008

 1                 There is a substitution at the desk.  

 2                 The Secretary will read.

 3                 THE SECRETARY:   Senator Brouk moves 

 4    to discharge, from the Committee on Rules, 

 5    Assembly Bill Number 5435A and substitute it for 

 6    the identical Senate Bill 1867A, Third Reading 

 7    Calendar 248.

 8                 ACTING PRESIDENT MAYER:   Read the 

 9    last section.

10                 THE SECRETARY:   Calendar Number 

11    248, Assembly Print Number 5435A, by 

12    Assemblymember Solages, an act to amend the 

13    Public Health Law.

14                 ACTING PRESIDENT MAYER:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT MAYER:   Announce 

18    the results.

19                 THE SECRETARY:   Ayes, 57.

20                 ACTING PRESIDENT MAYER:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    252, Assembly Bill Number 3933A, by 

24    Assemblymember Colton, an act to amend the 

25    General City Law.


                                                               5009

 1                 ACTING PRESIDENT MAYER:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 3.  This 

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

 5    shall have become a law.

 6                 ACTING PRESIDENT MAYER:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT MAYER:   Announce 

10    the results.

11                 THE SECRETARY:   In relation to 

12    Calendar Number 252, voting in the negative are 

13    Senators O'Mara and Walczyk.

14                 Ayes, 55.  Nays, 2.

15                 ACTING PRESIDENT MAYER:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    268, Senate Print 1817, by Senator Stavisky, an 

19    act to amend the Vehicle and Traffic Law.

20                 SENATOR SERRANO:   Lay the bill 

21    aside for the day.

22                 ACTING PRESIDENT MAYER:   The bill 

23    is laid aside for the day.

24                 THE SECRETARY:   Calendar Number 

25    287, Assembly Bill Number 68A, by Assemblymember 


                                                               5010

 1    Sayegh, an act to amend the Education Law.

 2                 ACTING PRESIDENT MAYER:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 3.  This 

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

 6    shall have become a law.

 7                 ACTING PRESIDENT MAYER:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT MAYER:   Announce 

11    the results.

12                 THE SECRETARY:   Ayes, 57.

13                 ACTING PRESIDENT MAYER:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    306, Senate Print 2500B, by Senator Palumbo, an 

17    act in relation to authorizing the Jamesport Fire 

18    District to file an application for exemption 

19    from real property taxes.

20                 ACTING PRESIDENT MAYER:   Read the 

21    last section.

22                 THE SECRETARY:   Section 2.  This 

23    act shall take effect immediately.

24                 ACTING PRESIDENT MAYER:   Call the 

25    roll.


                                                               5011

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT MAYER:   Announce 

 3    the results.

 4                 THE SECRETARY:   In relation to 

 5    Calendar Number 306, voting in the negative:  

 6    Senator O'Mara.

 7                 Ayes, 56.  Nays, 1.

 8                 ACTING PRESIDENT MAYER:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    323, Assembly Bill Number 5022A, by 

12    Assemblymember O'Donnell, an act to amend the 

13    Parks, Recreation and Historic Preservation 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:   Announce 

22    the results.

23                 THE SECRETARY:   Ayes, 57.

24                 ACTING PRESIDENT MAYER:   The bill 

25    is passed.


                                                               5012

 1                 THE SECRETARY:   Calendar Number 

 2    325, Assembly Bill Number 2258B, by 

 3    Assemblymember Simon, an act to amend the 

 4    General Business Law.

 5                 ACTING PRESIDENT MAYER:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 2.  This 

 8    act shall take effect immediately.

 9                 ACTING PRESIDENT MAYER:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT MAYER:   Announce 

13    the results.

14                 THE SECRETARY:   Ayes, 57.

15                 ACTING PRESIDENT MAYER:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    330, Senate Print 3285A, by Senator Thomas, an 

19    act to amend the Public Health Law.

20                 ACTING PRESIDENT MAYER:   Read the 

21    last section.

22                 THE SECRETARY:   Section 2.  This 

23    act shall take effect immediately.  

24                 ACTING PRESIDENT MAYER:   Call the 

25    roll.


                                                               5013

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT MAYER:   Announce 

 3    the results.

 4                 THE SECRETARY:   In relation to 

 5    Calendar 330, those Senators voting in the 

 6    negative are Senators Borrello, Griffo, Lanza, 

 7    Martins, Oberacker, O'Mara, Palumbo, Rhoads, 

 8    Tedisco, Walczyk and Weik.

 9                 Ayes, 46.  Nays, 11.

10                 ACTING PRESIDENT MAYER:   The bill 

11    is passed.

12                 Calendar 346, the bill is high and 

13    it's laid aside for the day.

14                 THE SECRETARY:   Calendar Number 

15    393, Senate Print 454A, by Senator Gianaris, an 

16    act to amend the General Business Law and the 

17    Veterans' Services Law.

18                 ACTING PRESIDENT MAYER:   Read the 

19    last section.

20                 THE SECRETARY:   Section 3.  This 

21    act shall take effect on the first of January.

22                 ACTING PRESIDENT MAYER:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT MAYER:   Announce 


                                                               5014

 1    the results.

 2                 THE SECRETARY:   Ayes, 57.

 3                 ACTING PRESIDENT MAYER:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    406, Senate Print 4041A, by Senator Mayer, an act 

 7    to amend the Education Law.

 8                 ACTING PRESIDENT MAYER:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 13.  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, 57.

18                 ACTING PRESIDENT MAYER:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    419, Assembly Bill Number 398A, by 

22    Assemblymember Burdick, an act to amend the 

23    Labor Law.

24                 ACTING PRESIDENT MAYER:   Read the 

25    last section.


                                                               5015

 1                 THE SECRETARY:   Section 2.  This 

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

 3    shall have become a law.  

 4                 ACTING PRESIDENT MAYER:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT MAYER:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT MAYER:   Announce 

11    the results.

12                 THE SECRETARY:   In relation to 

13    Calendar 419, those Senators voting in the 

14    negative are Senators Gallivan, Griffo, Murray, 

15    Oberacker, O'Mara, Ortt, Stec, Tedisco and 

16    Walczyk.  Also Senator Borrello.

17                 Ayes, 47.  Nays, 10.

18                 ACTING PRESIDENT MAYER:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    424, Senate Print 489A, by Senator Comrie, an act 

22    to amend the Public Authorities Law.

23                 ACTING PRESIDENT MAYER:   Read the 

24    last section.

25                 THE SECRETARY:   Section 2.  This 


                                                               5016

 1    act shall take effect immediately.

 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:   In relation to 

 8    Calendar 424, those Senators voting in the 

 9    negative are Senators Borrello, Oberacker, Ortt 

10    and Walczyk.

11                 Ayes, 53.  Nays, 4.

12                 ACTING PRESIDENT MAYER:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    473, Senate Print 4555A, by Senator Fernandez, an 

16    act to amend the Penal Law.

17                 ACTING PRESIDENT MAYER:   Read the 

18    last section.

19                 THE SECRETARY:   Section 2.  This 

20    act shall take effect immediately.

21                 ACTING PRESIDENT MAYER:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT MAYER:   Announce 

25    the results.


                                                               5017

 1                 THE SECRETARY:   Ayes, 57.

 2                 ACTING PRESIDENT MAYER:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    479, Assembly Bill Number 4984B, by 

 6    Assemblymember Rosenthal, an act to amend the 

 7    Insurance Law.

 8                 ACTING PRESIDENT MAYER:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 2.  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, 57.

18                 ACTING PRESIDENT MAYER:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    511, Senate Print 5186A, by Senator Mayer, an act 

22    to amend the Environmental Conservation Law.

23                 ACTING PRESIDENT MAYER:   Read the 

24    last section.

25                 THE SECRETARY:   Section 3.  This 


                                                               5018

 1    act shall take effect immediately.

 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, 57.

 8                 ACTING PRESIDENT MAYER:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    594, Assembly Bill Number 2884, by 

12    Assemblymember Magnarelli, an act to amend the 

13    Alcoholic Beverage Control 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:   Announce 

22    the results.

23                 THE SECRETARY:   Ayes, 59.

24                 ACTING PRESIDENT MAYER:   The bill 

25    is passed.


                                                               5019

 1                 THE SECRETARY:   Calendar Number 

 2    633, Senate Print Number 1535A, by 

 3    Senator Hoylman-Sigal, an act to amend the 

 4    Executive Law.

 5                 ACTING PRESIDENT MAYER:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 2.  This 

 8    act shall take effect April 1, 2024.

 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 633, those Senators voting in the 

16    negative are Senators Borrello, Gallivan, Griffo, 

17    Lanza, Oberacker, O'Mara, Ortt, Rhoads, Stec, 

18    Tedisco, Walczyk and Weik.

19                 Ayes, 47.  Nays, 12.

20                 ACTING PRESIDENT MAYER:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    653, Senate Print 4887, by Senator Gianaris, an 

24    act to amend the Labor Law.

25                 ACTING PRESIDENT MAYER:   Read the 


                                                               5020

 1    last section.

 2                 THE SECRETARY:   Section 4.  This 

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

 4    shall have become a law.

 5                 ACTING PRESIDENT MAYER:   Call the 

 6    roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT MAYER:   Announce 

 9    the results.

10                 THE SECRETARY:   In relation to 

11    Calendar 653, those Senators voting in the 

12    negative are Senators Borrello, Gallivan, 

13    Helming, Oberacker, O'Mara, Ortt, Stec and 

14    Walczyk.

15                 Ayes, 51.  Nays, 8.

16                 ACTING PRESIDENT MAYER:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    663, Assembly Bill Number 5610D, by 

20    Assemblymember Rozic, an act to amend the 

21    General Business Law.

22                 SENATOR PALUMBO:   Lay it aside.

23                 ACTING PRESIDENT MAYER:   The bill 

24    is laid aside.

25                 THE SECRETARY:   Calendar Number 


                                                               5021

 1    667, Senate Print 5974A, by Senator Parker, an 

 2    act to amend the General Municipal Law.

 3                 ACTING PRESIDENT MAYER:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 5.  This 

 6    act shall take effect immediately.  

 7                 ACTING PRESIDENT MAYER:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT MAYER:   Announce 

11    the results.

12                 THE SECRETARY:   Ayes, 59.

13                 ACTING PRESIDENT MAYER:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    676, Senate Print 3431A, by Senator Skoufis, an 

17    act to amend the Agriculture and Markets Law.

18                 ACTING PRESIDENT MAYER:   Read the 

19    last section.

20                 THE SECRETARY:   Section 6.  This 

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

22    shall have become a law.

23                 ACTING PRESIDENT MAYER:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               5022

 1                 ACTING PRESIDENT MAYER:   Announce 

 2    the results.

 3                 THE SECRETARY:   In relation to 

 4    Calendar Number 676, voting in the negative:  

 5    Senator Brisport.

 6                 Ayes, 58.  Nays, 1.

 7                 ACTING PRESIDENT MAYER:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    729, Senate Print 5129A, by Senator Webb, an act 

11    to amend the Vehicle and Traffic Law.

12                 ACTING PRESIDENT MAYER:   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 MAYER:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT MAYER:   Announce 

21    the results.

22                 THE SECRETARY:   Ayes, 59.

23                 ACTING PRESIDENT MAYER:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               5023

 1    738, Senate Print 1801, by Senator Ramos, an act 

 2    to amend the Labor Law.

 3                 ACTING PRESIDENT MAYER:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 2.  This 

 6    act shall take effect immediately.  

 7                 ACTING PRESIDENT MAYER:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT MAYER:   Senator 

11    Ramos to explain her vote.

12                 SENATOR RAMOS:   Yes, thank you, 

13    Madam President.  

14                 This is actually a really important 

15    bill.  I don't know why these folks across the 

16    aisle want to continue to deny domestic workers 

17    in New York State paid sick leave.

18                 You know, as it stands, our current 

19    law here in the state actually really is for only 

20    domestic workers in New York City and 

21    Westchester County.  The domestic workers who 

22    live and work in your districts deserve paid sick 

23    leave too.  You don't want them working while 

24    they're sick.  You don't want their own families 

25    and their own income to be in jeopardy because 


                                                               5024

 1    they're not able to show up to work.

 2                 And now nobody's looking at me.  

 3                 But nevertheless, I want to say that 

 4    I'm very proud that we're actually passing this 

 5    bill, even if it's this final week.  And I'm 

 6    really looking forward to it being signed by the 

 7    Governor and made law very soon.

 8                 Thank you.

 9                 ACTING PRESIDENT MAYER:   Senator 

10    Ramos to be recorded in the affirmative.

11                 Announce the results.

12                 THE SECRETARY:   In relation to 

13    Calendar 738, those Senators voting in the 

14    negative are Senators Ashby, Borrello, 

15    Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming, 

16    Lanza, Martins, Mattera, Oberacker, Ortt, 

17    Palumbo, Rhoads, Rolison, Stec, Tedisco, Walczyk, 

18    Weber and Weik.  Also Senator O'Mara.

19                 Ayes, 39.  Nays, 20.

20                 ACTING PRESIDENT MAYER:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    1087, Assembly Bill Number 3403A, by 

24    Assemblymember Cruz, an act to amend the 

25    Veterans' Services Law.


                                                               5025

 1                 ACTING PRESIDENT MAYER:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 5.  This 

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

 5    shall have become a law.

 6                 ACTING PRESIDENT MAYER:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT MAYER:   Announce 

10    the results.

11                 THE SECRETARY:   Ayes, 59.

12                 ACTING PRESIDENT MAYER:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    1180, Senate Print 2679B, by Senator Breslin, an 

16    act in relation to authorizing and empowering 

17    CREF to combine with TIAA.

18                 ACTING PRESIDENT MAYER:   Read the 

19    last section.

20                 THE SECRETARY:   Section 5.  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 


                                                               5026

 1    the results.

 2                 THE SECRETARY:   In relation to 

 3    Calendar Number 1180, voting in the negative:  

 4    Senator Skoufis.

 5                 Ayes, 58.  Nays, 1.

 6                 ACTING PRESIDENT MAYER:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    1188, Senate Print 5959B, by Senator Webb, an act 

10    to amend the Insurance Law and the Vehicle and 

11    Traffic Law.

12                 ACTING PRESIDENT MAYER:   Read the 

13    last section.

14                 THE SECRETARY:   Section 7.  This 

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

16    shall have become a law.

17                 ACTING PRESIDENT MAYER:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT MAYER:   Announce 

21    the results.

22                 THE SECRETARY:   Ayes, 59.

23                 ACTING PRESIDENT MAYER:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               5027

 1    1226, Senate Print 6975, by Senator Salazar, an 

 2    act to amend the Executive Law.

 3                 SENATOR LANZA:   Lay it aside.

 4                 ACTING PRESIDENT MAYER:   The bill 

 5    is laid aside.

 6                 THE SECRETARY:   Calendar Number 

 7    1360, Assembly Bill Number 4847A, by 

 8    Assemblymember Jacobson, an act to amend the 

 9    General Municipal 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 1360, those Senators voting in the 

21    negative are Senators Ashby, Borrello, 

22    Canzoneri-Fitzpatrick, Murray, O'Mara, Rhoads, 

23    Walczyk and Weik.

24                 Ayes, 51.  Nays, 8.

25                 ACTING PRESIDENT MAYER:   The bill 


                                                               5028

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    1364, Senate Print 2727A, by Senator Skoufis, an 

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

 5                 ACTING PRESIDENT MAYER:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 11.  This 

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

 9    shall have become a law.

10                 ACTING PRESIDENT MAYER:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT MAYER:   Announce 

14    the results.

15                 THE SECRETARY:   In relation to 

16    Calendar 1364, those Senators voting in the 

17    negative are Senators Ashby, Borrello, 

18    Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming, 

19    Martinez, Martins, Oberacker, O'Mara, Ortt, 

20    Palumbo, Rhoads, Rolison, Stec, Tedisco, Walczyk, 

21    Weber and Weik.

22                 Ayes, 40.  Nays, 19.

23                 ACTING PRESIDENT MAYER:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               5029

 1    1365, Assembly Bill Number 4439, by 

 2    Assemblymember Steck, an act to amend the 

 3    Public Health Law.

 4                 ACTING PRESIDENT MAYER:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 2.  This 

 7    act shall take effect immediately.  

 8                 ACTING PRESIDENT MAYER:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT MAYER:   Announce 

12    the results.

13                 THE SECRETARY:   Ayes, 59.

14                 ACTING PRESIDENT MAYER:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    1367, Assembly Print Number 4008, by 

18    Assemblymember Pheffer Amato, an act to amend the 

19    Retirement and Social Security Law.

20                 ACTING PRESIDENT MAYER:   Read the 

21    last section.

22                 THE SECRETARY:   Section 2.  This 

23    act shall take effect immediately.

24                 ACTING PRESIDENT MAYER:   Call the 

25    roll.


                                                               5030

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT MAYER:   Announce 

 3    the results.

 4                 THE SECRETARY:   Ayes, 59.

 5                 ACTING PRESIDENT MAYER:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    1368, Senate Print 4314A, by Senator Sepúlveda, 

 9    an act to amend the Agriculture and Markets Law.

10                 ACTING PRESIDENT MAYER:   Read the 

11    last section.

12                 THE SECRETARY:   Section 2.  This 

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

14    shall have become a law.

15                 ACTING PRESIDENT MAYER:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT MAYER:   Announce 

19    the results.

20                 THE SECRETARY:   In relation to 

21    Calendar 1368, those Senators voting in the 

22    negative are Senators Helming, Martins, Ortt and 

23    Weik.

24                 Ayes, 55.  Nays, 4.

25                 ACTING PRESIDENT MAYER:   The bill 


                                                               5031

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    1369, Assembly Bill Number 5897B, by 

 4    Assemblymember Rivera, an act to amend the 

 5    Highway Law.

 6                 ACTING PRESIDENT MAYER:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 2.  This 

 9    act shall take effect immediately.  

10                 ACTING PRESIDENT MAYER:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT MAYER:   Announce 

14    the results.

15                 THE SECRETARY:   In relation to 

16    Calendar Number 1369, voting in the negative:  

17    Senator Brisport.  

18                 Ayes, 58.  Nays, 1.

19                 ACTING PRESIDENT MAYER:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    1370, Assembly Bill Number 3335B, by 

23    Assemblymember Joyner, an act to amend the 

24    General Municipal Law.

25                 ACTING PRESIDENT MAYER:   Read the 


                                                               5032

 1    last section.

 2                 THE SECRETARY:   Section 2.  This 

 3    act shall take effect immediately.  

 4                 ACTING PRESIDENT MAYER:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT MAYER:   Announce 

 8    the results.

 9                 THE SECRETARY:   Ayes, 59.

10                 ACTING PRESIDENT MAYER:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    1371, Assembly Bill Number 5587, by 

14    Assemblymember Wallace, an act to amend the 

15    Public Health Law.

16                 ACTING PRESIDENT MAYER:   Read the 

17    last section.

18                 THE SECRETARY:   Section 2.  This 

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

20    shall have become a law.

21                 ACTING PRESIDENT MAYER:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT MAYER:   Senator 

25    May to explain her vote.


                                                               5033

 1                 SENATOR MAY:   Thank you, 

 2    Madam President.

 3                 I want to thank Senator Hinchey for 

 4    this bill.  If this important piece of 

 5    legislation becomes law, it will make a very -- 

 6    mark a very major milestone in human-centered 

 7    care in New York State.

 8                 Until about 50 years ago, hospice 

 9    care in the United States was the province of 

10    religious charities, not medical professionals.  

11    And palliative care was treated as if it was a 

12    capitulation to death rather than an abdication 

13    of the overriding need to keep patients alive.

14                 In 1984 my late husband Frank was 

15    diagnosed with terminal brain cancer.  And two 

16    years later, it metastasized to his bones and 

17    became incredibly painful, but the doctors 

18    refused to prescribe palliative care.  They were 

19    afraid he would get addicted.  They were afraid 

20    that they would lose the ability to track the 

21    progression of his disease, because the pain was 

22    their number-one indicator of where the disease 

23    was going.  And we had to search far and wide to 

24    find a doctor who would prescribe pain medication 

25    to Frank.


                                                               5034

 1                 I am eternally grateful to that 

 2    doctor for allowing Frank's last months of life 

 3    to be pain-free and his death to be peaceful.

 4                 So the idea of creating an Office of 

 5    Palliative Care and Hospice Care in New York 

 6    State is something I take very personally and I 

 7    find deeply moving.  And I hope that we can all 

 8    pass it and all support this bill.

 9                 I vote aye.  Thank you.

10                 ACTING PRESIDENT MAYER:   Senator 

11    May to be recorded in the affirmative.

12                 Announce the results.

13                 THE SECRETARY:   Ayes, 59.

14                 ACTING PRESIDENT MAYER:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    1372, Senate Print 4879, by Senator Mayer, an act 

18    to amend the Penal Law.

19                 ACTING PRESIDENT MAYER:   There's a 

20    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 MAYER:   Call the 

25    roll.


                                                               5035

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT MAYER:   Announce 

 3    the results.

 4                 THE SECRETARY:   In relation to 

 5    Calendar Number 1372, those Senators voting in 

 6    the negative are Senators Ashby, Borrello, 

 7    Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming, 

 8    Lanza, Martins, Mattera, Murray, Oberacker, 

 9    O'Mara, Ortt, Palumbo, Rhoads, Rolison, Stec, 

10    Tedisco, Walczyk, Weber and Weik.

11                 Ayes, 38.  Nays, 21.

12                 ACTING PRESIDENT MAYER:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    1373, Senate Print 4972, by Senator Gounardes, an 

16    act to amend the Retirement and Social Security 

17    Law.

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 


                                                               5036

 1    the results.

 2                 THE SECRETARY:   Ayes, 59.

 3                 ACTING PRESIDENT MAYER:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    1374, Senate Print 5057A, by Senator Hinchey, an 

 7    act to allow Benjamin Doty to be eligible to take 

 8    the civil service exam.

 9                 ACTING PRESIDENT MAYER:   Read the 

10    last section.

11                 THE SECRETARY:   Section 3.  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 1374, voting in the negative:  

20    Senator Brisport.

21                 Ayes, 58.  Nays, 1.

22                 ACTING PRESIDENT MAYER:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 

25    1375, Senate Print 5329A, by Senator Harckham, an 


                                                               5037

 1    act to amend the Public Health Law and the 

 2    Social Services Law.

 3                 ACTING PRESIDENT MAYER:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 6.  This 

 6    act shall take effect immediately.

 7                 ACTING PRESIDENT MAYER:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT MAYER:   Announce 

11    the results.

12                 THE SECRETARY:   Ayes, 59.

13                 ACTING PRESIDENT MAYER:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    1377, Assembly Bill Number 5762, by 

17    Assemblymember Lupardo, an act to authorize the 

18    City of Binghamton to offer an optional 25-year 

19    retirement plan to Firefighter Scott Pavlick.

20                 ACTING PRESIDENT MAYER:   There's a 

21    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 MAYER:   Call the 


                                                               5038

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT MAYER:   Announce 

 4    the results.

 5                 THE SECRETARY:   Ayes, 59.

 6                 ACTING PRESIDENT MAYER:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    1378, Senate Print 5607A, by Senator Breslin, an 

10    act providing for a taxpayer assistance 

11    authorization for households in the County of 

12    Schenectady.

13                 ACTING PRESIDENT MAYER:   There is a 

14    home-rule message at the desk.

15                 Read the last section.

16                 THE SECRETARY:   Section 2.  This 

17    act shall take effect immediately.  

18                 ACTING PRESIDENT MAYER:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT MAYER:   Announce 

22    the results.

23                 THE SECRETARY:   Ayes, 59.

24                 ACTING PRESIDENT MAYER:   The bill 

25    is passed.


                                                               5039

 1                 THE SECRETARY:   Calendar Number 

 2    1379, Assembly Bill Number 5960, by 

 3    Assemblymember Solages, an act to establish a 

 4    task force to identify evidence-based and 

 5    evidence-informed solutions to reduce children's 

 6    exposure to adverse childhood experiences.

 7                 ACTING PRESIDENT MAYER:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 2.  This 

10    act shall take effect immediately.  

11                 ACTING PRESIDENT MAYER:   Call the 

12    roll.  

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT MAYER:   Announce 

15    the results.

16                 THE SECRETARY:   In relation to 

17    Calendar Number 1379, voting in the negative:  

18    Senator Oberacker.

19                 Ayes, 58.  Nays, 1.

20                 ACTING PRESIDENT MAYER:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    1380, Assembly Bill Number 6565, by 

24    Assemblymember Thiele, an act to amend 

25    Chapter 643 of the Laws of 2019.


                                                               5040

 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, 59.

11                 ACTING PRESIDENT MAYER:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 

14    1381, Assembly Bill Number 7400, by 

15    Assemblymember Pheffer Amato, an act to amend 

16    Chapter 130 of the Laws of 1998.

17                 ACTING PRESIDENT MAYER:   Read the 

18    last section.

19                 THE SECRETARY:   Section 2.  This 

20    act shall take effect immediately.

21                 ACTING PRESIDENT MAYER:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT MAYER:   Announce 

25    the results.


                                                               5041

 1                 THE SECRETARY:   Ayes, 59.

 2                 ACTING PRESIDENT MAYER:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    1382, Senate Print 6167, by Senator Murray, an 

 6    act to amend Chapter 47 of the Laws of 1963.

 7                 ACTING PRESIDENT MAYER:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 2.  This 

10    act shall take effect immediately.  

11                 ACTING PRESIDENT MAYER:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT MAYER:   Announce 

15    the results.

16                 THE SECRETARY:   Ayes, 59.

17                 ACTING PRESIDENT MAYER:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    1383, Senate Print 6173A, by Senator Skoufis, an 

21    act to amend the Election Law and the Vehicle and 

22    Traffic Law.

23                 ACTING PRESIDENT MAYER:   Read the 

24    last section.

25                 THE SECRETARY:   Section 5.  This 


                                                               5042

 1    act shall take effect immediately.

 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, 59.

 8                 ACTING PRESIDENT MAYER:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    1384, Senate Print 6209, by Senator May, an act 

12    to amend the City of Syracuse and the Board of 

13    Education of the City School District of the City 

14    of Syracuse Cooperative School Reconstruction  

15    Act.

16                 ACTING PRESIDENT MAYER:   Read the 

17    last section.

18                 SENATOR GIANARIS:   Lay it aside 

19    temporarily.

20                 ACTING PRESIDENT MAYER:   The bill 

21    is laid aside temporarily.

22                 There's a substitution at the desk.

23                 The Secretary will read.

24                 THE SECRETARY:   Calendar Number 

25    Senator Canzoneri-Fitzpatrick moves to discharge, 


                                                               5043

 1    from the Committee on Rules, Assembly Bill 

 2    Number 5326A and substitute it for the identical 

 3    Senate Bill 6426, Third Reading Calendar 1385.

 4                 ACTING PRESIDENT MAYER:   

 5    Substitution so ordered.

 6                 The Secretary will read.

 7                 THE SECRETARY:   Calendar Number 

 8    1385, Assembly Bill Number 5326A, by 

 9    Assemblymember Curran, an act authorizing 

10    Vineyard Christian Fellowship South Shore Inc. to 

11    file with the County of Nassau assessor an 

12    application for a retroactive real property tax 

13    exemption.

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:   Announce 

22    the results.

23                 THE SECRETARY:   Ayes, 59.

24                 ACTING PRESIDENT MAYER:   The bill 

25    is passed.


                                                               5044

 1                 Senator Lanza.

 2                 SENATOR LANZA:   Madam President, 

 3    can we please pause to congratulate Senator 

 4    Canzoneri-Fitzpatrick on the passage of her first 

 5    bill.

 6                 (Standing ovation.)

 7                 THE SECRETARY:   Calendar Number 

 8    1386, Senate Print 6432A, by Senator Martins, an 

 9    act in relation to authorizing the County of 

10    Nassau assessor to accept an application for a 

11    real property tax exemption.  

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 Number 1386, voting in the negative:  

23    Senator O'Mara.

24                 Ayes, 58.  Nays, 1.

25                 ACTING PRESIDENT MAYER:   The bill 


                                                               5045

 1    is passed.

 2                 SENATOR GIANARIS:   Madam President.

 3                 ACTING PRESIDENT MAYER:   Senator 

 4    Gianaris.

 5                 SENATOR GIANARIS:   Can we return to 

 6    Calendar 1384 and remove the lay-aside on that 

 7    bill.

 8                 ACTING PRESIDENT MAYER:   There is a 

 9    substitution at the desk.

10                 The Secretary will read.

11                 THE SECRETARY:   Senator May moves 

12    to discharge, from the Committee on Rules, 

13    Assembly Bill Number 6431 and substitute it for 

14    the identical Senate Bill 6209, Third Reading 

15    Calendar 1384.

16                 ACTING PRESIDENT MAYER:   The 

17    substitution is so ordered.

18                 The Secretary will read.

19                 THE SECRETARY:   Calendar Number 

20    1384, Assembly Bill Number 6431, by 

21    Assemblymember Magnarelli, an act to amend the 

22    City of Syracuse and the Board of Education of 

23    the City School District of Syracuse Cooperative 

24    School Reconstruction Act, in relation to 

25    construction and design contracts.


                                                               5046

 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:   In relation to 

11    Calendar Number 1384, voting in the negative:  

12    Senator Walczyk.

13                 Ayes, 58.  Nays, 1.

14                 ACTING PRESIDENT MAYER:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    1387, Senate Print 6521, by Senator Thomas, an 

18    act to amend the Public Health Law.

19                 ACTING PRESIDENT MAYER:   Read the 

20    last section.

21                 THE SECRETARY:   Section 2.  This 

22    act shall take effect immediately.

23                 ACTING PRESIDENT MAYER:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               5047

 1                 ACTING PRESIDENT MAYER:   Announce 

 2    the results.

 3                 THE SECRETARY:   Ayes, 59.

 4                 ACTING PRESIDENT MAYER:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    1389, Senate Print 6549, by Senator Mayer, an act 

 8    to amend the Local Finance Law.

 9                 ACTING PRESIDENT MAYER:   Read the 

10    last section.

11                 THE SECRETARY:   Section 2.  This 

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

13    same manner as a Concurrent Resolution of the 

14    Senate and Assembly proposing an amendment to  

15    Section 4 of Article 8 of the Constitution.

16                 ACTING PRESIDENT MAYER:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT MAYER:   Announce 

20    the results.

21                 THE SECRETARY:   In relation to 

22    Calendar Number 1389, those Senators voting in 

23    the negative are Senators Griffo and Lanza.  Also 

24    Senator Borrello.

25                 Ayes, 56.  Nays, 3.


                                                               5048

 1                 ACTING PRESIDENT MAYER:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    1391, Assembly Bill Number 2825, by 

 5    Assemblymember Pheffer Amato, an act to amend the 

 6    Environmental Conservation Law.

 7                 ACTING PRESIDENT MAYER:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 2.  This 

10    act shall take effect immediately.

11                 ACTING PRESIDENT MAYER:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT MAYER:   Announce 

15    the results.

16                 THE SECRETARY:   Ayes, 59.

17                 ACTING PRESIDENT MAYER:   The bill 

18    is passed.  

19                 THE SECRETARY:   Calendar Number 

20    1392, Senate Print 6632, by Senator May, an act 

21    to amend the Vehicle and Traffic Law.

22                 ACTING PRESIDENT MAYER:   There's a 

23    home-rule message at the desk.

24                 Read the last section.

25                 THE SECRETARY:   Section 4.  This 


                                                               5049

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

 2    shall have become a law.

 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 1392, those Senators voting in the 

10    negative are Senators Rhoads and Weik.

11                 Ayes, 57.  Nays, 2.

12                 ACTING PRESIDENT MAYER:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    1393, Assembly Bill Number 7061A, by 

16    Assemblymember Burgos, an act to amend 

17    Chapter 544 of the Laws of 2022.

18                 ACTING PRESIDENT MAYER:   There's a 

19    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 MAYER:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               5050

 1                 ACTING PRESIDENT MAYER:   Announce 

 2    the results.

 3                 THE SECRETARY:   In relation to 

 4    Calendar 1393, those Senators voting in the 

 5    negative are Senators Canzoneri-Fitzpatrick, 

 6    Martins, Mattera, Murray, Oberacker, O'Mara, 

 7    Ortt, Rhoads and Weik.

 8                 Ayes, 50.  Nays, 9.

 9                 ACTING PRESIDENT MAYER:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    1394, Assembly Bill Number 7359, by 

13    Assemblymember Lucas, an act to amend the 

14    Private Housing Finance Law.

15                 ACTING PRESIDENT MAYER:   Read the 

16    last section.

17                 THE SECRETARY:   Section 2.  This 

18    act shall take effect immediately.

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 1394, voting in the negative:  


                                                               5051

 1    Senator Walczyk.

 2                 Ayes, 58.  Nays, 1.

 3                 ACTING PRESIDENT MAYER:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    1395, Senate Print 6764, by Senator Kennedy, an 

 7    act to amend Chapter 756 of the Laws of 2021.

 8                 ACTING PRESIDENT MAYER:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 2.  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, 59.

18                 ACTING PRESIDENT MAYER:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    1396, Senate Print 6788, by Senator Helming, an 

22    act granting retroactive membership in the 

23    New York State and Local Employees' Retirement 

24    System to Justin Whitmore.

25                 ACTING PRESIDENT MAYER:   There's a 


                                                               5052

 1    home-rule message at the desk.

 2                 Read the last section.

 3                 THE SECRETARY:   Section 3.  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, 59.

11                 ACTING PRESIDENT MAYER:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 

14    1397, Senate Print 6793, by Senator Martins, an 

15    act to amend the Nassau County Civil Divisions 

16    Act.

17                 ACTING PRESIDENT MAYER:   Read the 

18    last section.

19                 THE SECRETARY:   Section 4.  This 

20    act shall take effect immediately.  

21                 ACTING PRESIDENT MAYER:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT MAYER:   Announce 

25    the results.


                                                               5053

 1                 THE SECRETARY:   Ayes, 59.

 2                 ACTING PRESIDENT MAYER:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    1399, Assembly Bill Number 7156, by 

 6    Assemblymember Pheffer Amato, an act to amend the 

 7    Education Law.

 8                 ACTING PRESIDENT MAYER:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 3.  This 

11    act shall take effect July 1, 2024.

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, 59.

18                 ACTING PRESIDENT MAYER:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    1400, Assembly Bill Number 7015, by 

22    Assemblymember Woerner, an act to amend the 

23    Public Authorities Law.

24                 ACTING PRESIDENT MAYER:   Read the 

25    last section.


                                                               5054

 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:   Ayes, 59.

 9                 ACTING PRESIDENT MAYER:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    1401, Senate Print 6885A, by Senator Martins, an 

13    act in relation to authorizing the North Shore 

14    Land Alliance, Inc. to file with the County of 

15    Nassau assessor an application for a retroactive 

16    real property tax exemption.

17                 ACTING PRESIDENT MAYER:   Read the 

18    last section.

19                 THE SECRETARY:   Section 2.  This 

20    act shall take effect immediately.  

21                 ACTING PRESIDENT MAYER:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT MAYER:   Announce 

25    the results.


                                                               5055

 1                 THE SECRETARY:   In relation to 

 2    Calendar Number 1401, voting in the negative:  

 3    Senator O'Mara.

 4                 Ayes, 60.  Nays, 1.

 5                 ACTING PRESIDENT MAYER:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    1402, Senate Print 6901, by Senator Breslin, an 

 9    act to amend the Tax Law.

10                 ACTING PRESIDENT MAYER:   There's a 

11    home-rule message at the desk.

12                 Read the last section.

13                 THE SECRETARY:   Section 2.  This 

14    act shall take effect immediately.

15                 ACTING PRESIDENT MAYER:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT MAYER:   Announce 

19    the results.

20                 THE SECRETARY:   In relation to 

21    Calendar 1402, those Senators voting in the 

22    negative are Senators Canzoneri-Fitzpatrick, 

23    Harckham, Lanza, Mannion, Martinez, Palumbo, 

24    Scarcella-Spanton, Skoufis and Webb.

25                 Ayes, 52.  Nays, 9.


                                                               5056

 1                 ACTING PRESIDENT MAYER:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    1403, Assembly Bill Number 5056, by 

 5    Assemblymember Conrad, an act to amend the 

 6    Local Finance Law.

 7                 ACTING PRESIDENT MAYER:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 3.  This 

10    act shall take effect on the effective date of 

11    the amendments to the Constitution.

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:   In relation to 

18    Calendar 1403, those Senators voting in the 

19    negative are Senators Borrello, O'Mara, Palumbo, 

20    Rhoads and Weik.  

21                 Ayes, 56.  Nays, 5.

22                 ACTING PRESIDENT MAYER:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 

25    1404, Senate Print 6941, by Senator Cooney, an 


                                                               5057

 1    act to amend the State Finance Law.

 2                 ACTING PRESIDENT MAYER:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 2.  This 

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

 6    shall have become a law.

 7                 ACTING PRESIDENT MAYER:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT MAYER:   Announce 

11    the results.

12                 THE SECRETARY:   Ayes, 61.

13                 ACTING PRESIDENT MAYER:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    1405, Senate Print 6942, by Senator Cooney, an 

17    act to amend the State Finance Law.

18                 ACTING PRESIDENT MAYER:   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 MAYER:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               5058

 1                 ACTING PRESIDENT MAYER:   Announce 

 2    the results.

 3                 THE SECRETARY:   Ayes, 61.

 4                 ACTING PRESIDENT MAYER:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    1406, Senate Print 6943, by Senator Kavanagh, an 

 8    act to amend Chapter 415 of the Laws of 1983.

 9                 ACTING PRESIDENT MAYER:   Read the 

10    last section.

11                 THE SECRETARY:   Section 9.  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:   Ayes, 61.

19                 ACTING PRESIDENT MAYER:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    1407, Assembly Bill Number 7362, by 

23    Assemblymember Davila, an act to amend Chapter 81 

24    of the Laws of 1995.

25                 ACTING PRESIDENT MAYER:   Read the 


                                                               5059

 1    last section.

 2                 THE SECRETARY:   Section 2.  This 

 3    act shall take effect immediately.  

 4                 ACTING PRESIDENT MAYER:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT MAYER:   Senator 

 8    Murray to explain his vote.

 9                 SENATOR MURRAY:   Thank you, 

10    Madam President.  

11                 I'm really struggling with this 

12    bill.  And let me be crystal, crystal clear that 

13    in no way, shape or form am I standing up for 

14    deadbeat parents.  In fact, just the opposite.  

15                 Many may have heard this story.  I 

16    was raised by a single mom who had to work three 

17    jobs because I had a deadbeat dad who didn't want 

18    to help, forced her to work these jobs.  We were 

19    on social services, we were on food stamps, we 

20    had all the help we could get, because he 

21    wouldn't help.

22                 But suspending their license and 

23    keeping them from going to work to be able to 

24    make the child support payments, it doesn't make 

25    sense to me.


                                                               5060

 1                 I would strongly suggest the sponsor 

 2    maybe -- urge the sponsor to consider an 

 3    amendment that would limit their ability to 

 4    drive, to only to and from work.  At that point 

 5    I'd be all for it.  

 6                 But removing their ability to go to 

 7    work to pay the child support just doesn't make 

 8    sense to me.  So for that reason, I can't support 

 9    this bill.

10                 Thank you, Madam President.

11                 ACTING PRESIDENT MAYER:   Senator 

12    Murray to be recorded in the negative.

13                 Announce the results.

14                 THE SECRETARY:   In relation to 

15    Calendar Number 1407, voting in the negative:  

16    Senator Murray.

17                 Ayes, 60.  Nays, 1.

18                 ACTING PRESIDENT MAYER:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    1409, Senate Print 7065, by Senator Ryan, an act 

22    to amend Chapter 581 of the Laws of 2005.

23                 ACTING PRESIDENT MAYER:   Read the 

24    last section.

25                 THE SECRETARY:   Section 2.  This 


                                                               5061

 1    act shall take effect immediately.

 2                 ACTING PRESIDENT MAYER:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT MAYER:   Announce 

 6    the results.

 7                 THE SECRETARY:   Ayes, 61.

 8                 ACTING PRESIDENT MAYER:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    1410, Senate Print 7066, by Senator Ryan, an act 

12    to amend Chapter 492 of the Laws of 1993.

13                 ACTING PRESIDENT MAYER:   Read the 

14    last section.

15                 THE SECRETARY:   Section 2.  This 

16    act shall take effect immediately.

17                 ACTING PRESIDENT MAYER:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT MAYER:   Announce 

21    the results.

22                 THE SECRETARY:   Ayes, 61.

23                 ACTING PRESIDENT MAYER:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               5062

 1    1411, Senate Print 7067, by Senator Ryan, an act 

 2    to amend Chapter 629 of the Laws of 2005.

 3                 ACTING PRESIDENT MAYER:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 2.  This 

 6    act shall take effect immediately.

 7                 ACTING PRESIDENT MAYER:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT MAYER:   Announce 

11    the results.

12                 THE SECRETARY:   Ayes, 61.

13                 ACTING PRESIDENT MAYER:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    1412, Assembly Bill Number 7383, by 

17    Assemblymember McMahon, an act to amend 

18    Chapter 307 of the Laws of 2005.

19                 ACTING PRESIDENT MAYER:   Read the 

20    last section.

21                 THE SECRETARY:   Section 2.  This 

22    act shall take effect immediately.

23                 ACTING PRESIDENT MAYER:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               5063

 1                 ACTING PRESIDENT MAYER:   Announce 

 2    the results.

 3                 THE SECRETARY:   Ayes, 61.

 4                 ACTING PRESIDENT MAYER:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    1413, Assembly Bill Number 7408, by 

 8    Assemblymember Ramos, an act to amend Chapter 719 

 9    of the Laws of 1980.

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:   Ayes, 61.

20                 ACTING PRESIDENT MAYER:   The bill 

21    is passed.  

22                 ACTING PRESIDENT MAYER:   Calendar 

23    Number 1414, Assembly Bill Number 6551, by 

24    Assemblymember Conrad, an act to amend 

25    Chapter 413 of the Laws of 2003.


                                                               5064

 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, 61.

11                 ACTING PRESIDENT MAYER:   The bill 

12    is passed.  

13                 THE SECRETARY:   Calendar Number 

14    1415, Assembly Bill Number 6543, by 

15    Assemblymember Seawright, an act to amend the 

16    Executive Law.

17                 ACTING PRESIDENT MAYER:   Read the 

18    last section.

19                 THE SECRETARY:   Section 2.  This 

20    act shall take effect immediately.

21                 ACTING PRESIDENT MAYER:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT MAYER:   Announce 

25    the results.


                                                               5065

 1                 THE SECRETARY:   Ayes, 61.

 2                 ACTING PRESIDENT MAYER:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    1416, Assembly Bill Number 6592, by 

 6    Assemblymember Braunstein, an act to amend the 

 7    Local Finance Law.

 8                 ACTING PRESIDENT MAYER:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 2.  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, 61.

18                 ACTING PRESIDENT MAYER:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    1417, Senate Print 7205, by Senator Comrie, an 

22    act to amend the Penal Law.

23                 ACTING PRESIDENT MAYER:   Read the 

24    last section.

25                 THE SECRETARY:   Section 3.  This 


                                                               5066

 1    act shall take effect immediately.

 2                 ACTING PRESIDENT MAYER:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT MAYER:   Announce 

 6    the results.

 7                 THE SECRETARY:   Ayes, 61.

 8                 ACTING PRESIDENT MAYER:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    1418, Senate Print 7353, by Senator Brisport, an 

12    act to amend the Education Law.

13                 ACTING PRESIDENT MAYER:   Read the 

14    last section.

15                 THE SECRETARY:   Section 2.  This 

16    act shall take effect immediately.

17                 ACTING PRESIDENT MAYER:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT MAYER:   Announce 

21    the results.

22                 THE SECRETARY:   In relation to 

23    Calendar Number 1418, voting in the negative:  

24    Senator Martinez.

25                 Ayes, 60.  Nays, 1.


                                                               5067

 1                 ACTING PRESIDENT MAYER:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    1420, Assembly Bill Number 7254, by 

 5    Assemblymember Lavine, an act to amend the Real 

 6    Property Tax Law.

 7                 ACTING PRESIDENT MAYER:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 2.  This 

10    act shall take effect immediately.

11                 ACTING PRESIDENT MAYER:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT MAYER:   Announce 

15    the results.

16                 THE SECRETARY:   Ayes, 61.

17                 ACTING PRESIDENT MAYER:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    1421, Senate Print 7363A, by Senator Cooney, an 

21    act to amend Part 10 of Chapter 62 of the Laws of 

22    2023.

23                 ACTING PRESIDENT MAYER:   Read the 

24    last section.

25                 THE SECRETARY:   Section 2.  This 


                                                               5068

 1    act shall take effect immediately.  

 2                 ACTING PRESIDENT MAYER:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT MAYER:   Announce 

 6    the results.

 7                 THE SECRETARY:   Ayes, 61.

 8                 ACTING PRESIDENT MAYER:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    1422, Senate Print Number 7370, by 

12    Senator Scarcella-Spanton, an act to amend 

13    Chapter 413 of the Laws of 2015.

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:   Announce 

22    the results.

23                 THE SECRETARY:   Ayes, 61.

24                 ACTING PRESIDENT MAYER:   The bill 

25    is passed.


                                                               5069

 1                 THE SECRETARY:   Calendar Number 

 2    1423, Assembly Bill Number 7646, by 

 3    Assemblymember Septimo, an act to amend the 

 4    Executive Law.

 5                 ACTING PRESIDENT MAYER:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 2.  This 

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

 9    shall have become a law.

10                 ACTING PRESIDENT MAYER:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT MAYER:   Announce 

14    the results.

15                 THE SECRETARY:   In relation to 

16    Calendar Number 1423, voting in the negative:  

17    Senator Martins.  

18                 Ayes, 60.  Nays, 1.

19                 ACTING PRESIDENT MAYER:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    1424, Senate Print 7372, by Senator Jackson, an 

23    act to amend the Administrative Code of the City 

24    of New York.

25                 ACTING PRESIDENT MAYER:   Read the 


                                                               5070

 1    last section.

 2                 THE SECRETARY:   Section 5.  This 

 3    act shall take effect July 1, 2023.

 4                 ACTING PRESIDENT MAYER:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT MAYER:   Announce 

 8    the results.

 9                 THE SECRETARY:   Ayes, 61.

10                 ACTING PRESIDENT MAYER:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    1425, Assembly Bill Number 7189, by 

14    Assemblymember Dilan, an act to amend Chapter 573 

15    of the Laws of 2011.

16                 ACTING PRESIDENT MAYER:   Read the 

17    last section.

18                 THE SECRETARY:   Section 2.  This 

19    act shall take effect immediately.

20                 ACTING PRESIDENT MAYER:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT MAYER:   Announce 

24    the results.

25                 THE SECRETARY:   Ayes, 61.


                                                               5071

 1                 ACTING PRESIDENT MAYER:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    1426, Senate Print Number 7374, by 

 5    Senator Scarcella-Spanton, an act to amend the 

 6    Executive Law.

 7                 ACTING PRESIDENT MAYER:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 2.  This 

10    act shall take effect immediately.

11                 ACTING PRESIDENT MAYER:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT MAYER:   Announce 

15    the results.

16                 THE SECRETARY:   Ayes, 61.

17                 ACTING PRESIDENT MAYER:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    1427, Senate Print 7375, by Senator Salazar, an 

21    act to amend the Executive Law.

22                 ACTING PRESIDENT MAYER:   Read the 

23    last section.

24                 THE SECRETARY:   Section 2.  This 

25    act shall take effect immediately.


                                                               5072

 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, 61.

 7                 ACTING PRESIDENT MAYER:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    1428, Senate Print 7376, by Senator Jackson, an 

11    act to amend the Civil Service 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 1428, those Senators voting in the 

23    negative are Senators Canzoneri-Fitzpatrick, 

24    Gallivan, Griffo, Helming, Lanza, Mattera, 

25    Murray, Oberacker, O'Mara, Ortt, Palumbo, Rhoads, 


                                                               5073

 1    Rolison, Tedisco and Weik.  Also Senator Weber.

 2                 Ayes, 45.  Nays, 16.

 3                 ACTING PRESIDENT MAYER:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    1429, Assembly Bill Number 7434, by 

 7    Assemblymember Williams, an act to amend the 

 8    Environmental Conservation 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:   Ayes, 61.

19                 ACTING PRESIDENT MAYER:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    1430, Assembly Bill Number 7379, by 

23    Assemblymember Pheffer Amato, an act to amend the 

24    Civil Service Law.

25                 ACTING PRESIDENT MAYER:   Read the 


                                                               5074

 1    last section.

 2                 THE SECRETARY:   Section 2.  This 

 3    act shall take effect immediately.

 4                 ACTING PRESIDENT MAYER:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT MAYER:   Announce 

 8    the results.

 9                 THE SECRETARY:   Ayes, 61.

10                 ACTING PRESIDENT MAYER:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    1431, Senate Print 7379, by Senator Webb, an act 

14    to amend the General Construction Law.

15                 ACTING PRESIDENT MAYER:   Read the 

16    last section.

17                 THE SECRETARY:   Section 2.  This 

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

19    same manner as Section 60 of Chapter 56 of the 

20    Laws of 2022.

21                 ACTING PRESIDENT MAYER:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT MAYER:   Senator 

25    Webb to explain her vote.


                                                               5075

 1                 SENATOR WEBB:   Thank you, 

 2    Madam President.  I rise to explain my vote.

 3                 The Justice for Heroes Act will 

 4    ensure that members of certain branches of our 

 5    U.S. armed forces who participated in the 

 6    World Trade Center rescue, recovery or cleanup 

 7    operations during and in the aftermath of the 

 8    September 11, 2001, attacks are honored for their 

 9    service and afforded veteran status under 

10    New York State law.  

11                 A total of 6,716 members of the 

12    New York Air National Guard, New York Army 

13    National Guard, New York Naval Militia, and 

14    New York Guard provided security and logistics 

15    support to recovery workers and the people of 

16    New York City as part of Operation Trade Center.

17                 The New York Air National Guardsmen 

18    were the first U.S. military members to respond 

19    to the hijacking of civilian airlines used in the 

20    attacks, and responded to scramble aircraft to 

21    intercept the planes.  

22                 The New York Army National Guard 

23    responded to the attacks by rallying at their 

24    armories in anticipation of the Governor's orders 

25    to duty and supported the New York City Police 


                                                               5076

 1    Department and the New York City Fire Department.

 2                 Madam President, by passing this 

 3    legislation New York will pay our debt of 

 4    gratitude to the members of the New York Air 

 5    National Guard, New York Naval Militia, and the 

 6    New York Guard who risked their lives in the 

 7    weeks and months and years following the attacks 

 8    on the World Trade Center over two decades ago.

 9                 I proudly vote aye and encourage my 

10    colleagues to do the same.

11                 ACTING PRESIDENT MAYER:   Senator 

12    Webb to be recorded in the affirmative.

13                 Announce the results.

14                 THE SECRETARY:   In relation to 

15    Calendar Number 1431, voting in the negative:  

16    Senator Walczyk.

17                 Ayes, 60.  Nays, 1.

18                 ACTING PRESIDENT MAYER:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    1432, Senate Print 7381, by Senator Skoufis, an 

22    act to amend the Executive Law.

23                 ACTING PRESIDENT MAYER:   Read the 

24    last section.

25                 THE SECRETARY:   Section 3.  This 


                                                               5077

 1    act shall take effect immediately.

 2                 ACTING PRESIDENT MAYER:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT MAYER:   Announce 

 6    the results.

 7                 THE SECRETARY:   Ayes, 61.

 8                 ACTING PRESIDENT MAYER:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    1433, Assembly Bill Number 7355, by 

12    Assemblymember Simone, an act to amend the 

13    Executive 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:   Announce 

22    the results.

23                 THE SECRETARY:   In relation to 

24    Calendar 1433, those Senators voting in the 

25    negative are Senators Murray, Ortt, Rhoads and 


                                                               5078

 1    Walczyk.

 2                 Ayes, 57.  Nays, 4.

 3                 ACTING PRESIDENT MAYER:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    1434, Senate Print 7383, by Senator Sepúlveda, an 

 7    act to amend the New York City Charter.

 8                 ACTING PRESIDENT MAYER:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 3.  This 

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

12    shall have become a law.  

13                 ACTING PRESIDENT MAYER:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT MAYER:   Announce 

17    the results.

18                 THE SECRETARY:   Ayes, 61.

19                 ACTING PRESIDENT MAYER:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    1435, Senate Print Number 7393, by 

23    Senator Stewart-Cousins, an act to amend 

24    Chapter 372 of the Laws of 2020.

25                 ACTING PRESIDENT MAYER:   Read the 


                                                               5079

 1    last section.

 2                 THE SECRETARY:   Section 2.  This 

 3    act shall take effect immediately.  

 4                 ACTING PRESIDENT MAYER:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT MAYER:   Announce 

 8    the results.

 9                 THE SECRETARY:   In relation to 

10    Calendar 1435, those Senators voting in the 

11    negative are Senators Canzoneri-Fitzpatrick, 

12    Harckham, Hinchey, Lanza, Mannion, Martinez, 

13    Scarcella-Spanton, Skoufis and Webb.

14                 Ayes, 52.  Nays, 9.

15                 ACTING PRESIDENT MAYER:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    1436, Senate Print 7400, by Senator Gounardes, an 

19    act to amend the Real Property Tax Law.

20                 ACTING PRESIDENT MAYER:   Read the 

21    last section.

22                 THE SECRETARY:   Section 2.  This 

23    act shall take effect immediately.  

24                 ACTING PRESIDENT MAYER:   Call the 

25    roll.


                                                               5080

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT MAYER:   Announce 

 3    the results.

 4                 THE SECRETARY:   Ayes, 61.

 5                 ACTING PRESIDENT MAYER:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    1437, Senate Print 7430, by Senator Walczyk, an 

 9    act to amend Chapter 326 of the Laws of 2006.

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 1437, those Senators voting in the 

21    negative are Senators Canzoneri-Fitzpatrick, 

22    Harckham, Hinchey, Lanza, Mannion, Martinez, 

23    Scarcella-Spanton, Skoufis, and Webb.

24                 Ayes, 52.  Nays, 9.

25                 ACTING PRESIDENT MAYER:   The bill 


                                                               5081

 1    is passed.

 2                 Senator Gianaris, that completes the 

 3    reading of today's calendar.

 4                 SENATOR GIANARIS:   Madam President, 

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

 6    desk.  Can we take that up, please.

 7                 ACTING PRESIDENT MAYER:   The 

 8    Secretary will read.

 9                 THE SECRETARY:   Senator 

10    Stewart-Cousins, from the Committee on Rules, 

11    reports the following bills:  

12                 Senate Print 1196A, by 

13    Senator Persaud, an act to amend the 

14    Insurance Law; 

15                 Senate Print 1690A, by 

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

17                 Senate Print 1793C, by 

18    Senator Hinchey, an act to amend the 

19    Executive Law; 

20                 Senate Print 1983A, by 

21    Senator Gounardes, an act to amend the 

22    Education Law; 

23                 Senate Print 3567A, by 

24    Senator Skoufis, an act to amend the 

25    Alcoholic Beverage Control Law; 


                                                               5082

 1                 Senate Print 3598, by 

 2    Senator Martins, an act to amend Chapter 280 of 

 3    the Laws of 2016;

 4                 Senate Print 5291, by 

 5    Senator Skoufis, an act granting retroactive 

 6    Tier 4 status in the New York State and Local 

 7    Employees' Retirement System; 

 8                 Senate Print 5361, by 

 9    Senator Mannion, an act granting retroactive 

10    membership with Tier 4 status in the New York 

11    State Teachers' Retirement System; 

12                 Senate Print 5630A, by 

13    Senator Kennedy, an act to amend the 

14    Executive Law; 

15                 Senate Print 5795A, by 

16    Senator Murray, an act in relation to authorizing 

17    the assessor of the Town of Brookhaven to accept 

18    an application for exemption from real property 

19    taxes; 

20                 Senate Print 5894A, by 

21    Senator Bailey, an act to amend the 

22    Public Health Law; 

23                 Senate Print 5955A, by Senator Chu, 

24    an act to amend the Tax Law; 

25                 Senate Print 6329B, by 


                                                               5083

 1    Senator Murray, an act in relation to authorizing 

 2    the assessor of the Town of Brookhaven to accept 

 3    an application for a real property tax exemption; 

 4                 Senate Print 6360, by 

 5    Senator Rolison, an act to amend the Vehicle and 

 6    Traffic Law;

 7                 Senate Print 6363A, by 

 8    Senator Harckham, an act to amend Chapter 538 of 

 9    the Laws of 1975;

10                 Senate Print 6441A, by 

11    Senator Skoufis, an act related to approving 

12    certain employee benefit costs; 

13                 Senate Print 6519A, by 

14    Senator Kavanagh, an act to amend the 

15    Election Law; 

16                 Senate Print 6553, by 

17    Senator Skoufis, an act to authorize 

18    Susan Gillinder, the widow of Robert C. Ritchie, 

19    to file a new service retirement application;

20                 Senate Print 6692, by Senator Webb, 

21    an act to authorize the Town of Seneca Falls to 

22    offer an optional 20-year retirement plan; 

23                 Senate Print 6698A, by 

24    Senator Canzoneri-Fitzpatrick, an act authorizing 

25    the Bais Tefila of Inwood to receive retroactive 


                                                               5084

 1    real property tax exempt status;

 2                 Senate Print 6898A, by 

 3    Senator Brouk, an act to amend the Highway Law; 

 4                 Senate Print 6907, by 

 5    Senator Cleare, an act to amend Chapter 462 of 

 6    the Laws of 2015;

 7                 Senate Print 7062, by 

 8    Senator Breslin, an act granting retroactive 

 9    membership wtih Tier 4 status in the New York 

10    State and Local Employees' retirement system; 

11                 Senate Print 7107, by 

12    Senator Mattera, an act to amend the 

13    Alcoholic Beverage Control Law; 

14                 Senate Print 7130, by 

15    Senator Comrie, an act to amend the 

16    Alcoholic Beverage Control Law; 

17                 Senate Print 7159A, by 

18    Senator Hoylman-Sigal, an act to amend the 

19    Alcoholic Beverage Control Law; 

20                 Senate Print 7221, by 

21    Senator Rivera, an act in relation to allowing 

22    for Genesis Villella to qualify for and receive 

23    certain spousal accidental death benefits; 

24                 Senate Print 7242A, by 

25    Senator Martinez, an act to amend the 


                                                               5085

 1    Retirement and Social Security Law;

 2                 Senate Print 7421, by Senator Ortt, 

 3    an act to amend the Veterans' Services Law; 

 4                 Senate Print 7423, by 

 5    Senator Skoufis, an act in relation to 

 6    authorizing Kevin Donohue to take the competitive 

 7    civil service examination; 

 8                 Senate Print 7441A, by 

 9    Senator Thomas, an act to amend the 

10    Legislative Law;

11                 Senate Print 7452, by 

12    Senator Persaud, an act to amend the 

13    Social Services Law;

14                 Senate Print 7468, by 

15    Senator Breslin, an act in relation to 

16    authorizing Tier 4 status in the New York State 

17    and Local Employees' Retirement System; 

18                 Senate Print 7469, by 

19    Senator Breslin, an act in relation to granting 

20    Tier 4 status in the New York State and Local 

21    Employees' Retirement System; 

22                 Senate Print 7507, by Senator Brouk, 

23    an act to amend the Public Health Law; 

24                 Senate Print 7508, by 

25    Senator Sepúlveda, an act to amend the 


                                                               5086

 1    Administrative Code of the City of New York; 

 2                 Senate Print 7509, by 

 3    Senator Jackson, an act to amend the 

 4    Retirement and Social Security Law; 

 5                 Senate Print 7510, by 

 6    Senator Comrie, an act to amend the New York 

 7    State Medical Care Facilities Finance Agency Act; 

 8                 Senate Print 7512, by 

 9    Senator Jackson, an act to amend the 

10    Education Law;

11                 Senate Print 7515, by 

12    Senator Stewart-Cousins, an act in relation to 

13    providing assessment relief to property owners 

14    within certain municipalities; 

15                 Senate Print 7516, by 

16    Senator Salazar, an act to amend the 

17    Judiciary Law; 

18                 Senate Print 7517, by 

19    Senator Sepúlveda, an act to amend the 

20    Civil Practice Law and Rules; 

21                 Senate Print 7518, by 

22    Senator Breslin, an act to amend the 

23    Judiciary Law;

24                 Senate Print 7522, by 

25    Senator Cooney, an act to amend the 


                                                               5087

 1    Public Buildings Law;

 2                 Senate Print 7523, by 

 3    Senator Hoylman-Sigal, an act to amend the 

 4    Civil Practice Law and Rules; 

 5                 Senate Print 7524, by 

 6    Senator Hoylman-Sigal, an act to amend the 

 7    Judiciary Law;

 8                 Senate Print 7525, by 

 9    Senator Hoylman-Sigal, an act to amend the 

10    Judiciary Law;

11                 Senate Print 7526, by 

12    Senator Comrie, an act to amend the New York City 

13    Charter.

14                 All bills reported direct to third 

15    reading.

16                 SENATOR GIANARIS:   Move to accept 

17    the report of the Rules Committee.

18                 ACTING PRESIDENT BAILEY:   All those 

19    in favor of accepting the report of the 

20    Rules Committee, signify by saying aye.

21                 (Response of "Aye.")

22                 ACTING PRESIDENT BAILEY:   Opposed, 

23    nay.

24                 (No response.)

25                 ACTING PRESIDENT BAILEY:   The 


                                                               5088

 1    report is adopted.  

 2                 Senator Gianaris.  

 3                 SENATOR GIANARIS:   Can we briefly 

 4    go back to messages from the Assembly.

 5                 ACTING PRESIDENT BAILEY:   The 

 6    Secretary will read.

 7                 THE SECRETARY:   Senator Martins 

 8    moves to discharge, from the Committee on 

 9    Local Government, Assembly Bill Number 4100 and 

10    substitute it for the identical Senate Bill 3598, 

11    Senate Print 1570.

12                 Senator Brouk moves to discharge, 

13    from the Committee on Transportation, 

14    Assembly Bill Number 5039A and substitute it for 

15    the identical Senate Bill 6898A, Third Reading 

16    Calendar 1586.

17                 Senator Cleare moves to discharge, 

18    from the Committee on Aging, Assembly Bill 

19    Number 7199 and substitute it for the identical 

20    Senate Bill 6907, Third Reading Calendar 1587.

21                 Senator Mattera moves to discharge, 

22    from the Committee on Commerce, Economic 

23    Development and Small Business, Assembly Bill 

24    Number 6085A and substitute it for the identical 

25    Senate Bill 7107, Third Reading Calendar 1589.


                                                               5089

 1                 ACTING PRESIDENT BAILEY:   So 

 2    ordered.

 3                 Senator Gianaris.

 4                 SENATOR GIANARIS:   Can we now take 

 5    up the supplemental calendar, please.

 6                 ACTING PRESIDENT BAILEY:   The 

 7    Secretary will read.

 8                 THE SECRETARY:   Calendar Number 

 9    1451, Senate Print 1196A, by Senator Persaud, an 

10    act to amend the Insurance Law and the 

11    Social Services Law.

12                 ACTING PRESIDENT BAILEY:   Read the 

13    last section.

14                 THE SECRETARY:   Section 5.  This 

15    act shall take effect April 1, 2024.

16                 ACTING PRESIDENT BAILEY:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT BAILEY:   Announce 

20    the results.

21                 THE SECRETARY:   Ayes, 61.

22                 ACTING PRESIDENT BAILEY:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 

25    1458, Senate Print 1690A, by Senator Sanders, an 


                                                               5090

 1    act to amend the Banking Law.

 2                 ACTING PRESIDENT BAILEY:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 4.  This 

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

 6    shall have become a law.

 7                 ACTING PRESIDENT BAILEY:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT BAILEY:   Announce 

11    the results.

12                 THE SECRETARY:   Ayes, 61.

13                 ACTING PRESIDENT BAILEY:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    1567, Senate Print 1793C, by Senator Hinchey, an 

17    act to amend the Executive Law.

18                 ACTING PRESIDENT BAILEY:   Read the 

19    last section.

20                 THE SECRETARY:   Section 4.  This 

21    act shall take effect immediately.

22                 ACTING PRESIDENT BAILEY:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT BAILEY:   Senator 


                                                               5091

 1    Hinchey to explain her vote.

 2                 SENATOR HINCHEY:   Thank you, 

 3    Mr. President.

 4                 Reaching the goals of the CLCPA and 

 5    making sure that New York stays a leader in 

 6    renewable energy is critically important, but so 

 7    is protecting our food supply and our 

 8    agricultural lands.

 9                 Nowhere in statute today is taking 

10    into -- or takes into account ag land and our 

11    food production, where we know, across upstate 

12    and rural communities, most solar developments 

13    are being promulgated across farmland because it 

14    is the easiest land to do so.  It's flat, it's 

15    hundreds of acres, and often the farmers or the 

16    owners of that land don't actually make the 

17    amount of money they need to keep that farm in 

18    business or to pay the taxes or the cost of that 

19    land.

20                 What this bill does, and why this is 

21    so important, is for the first time we are 

22    requiring in statute for ORES, the Office of 

23    Renewable Energy Siting, to take into account 

24    prime agricultural lands in the four classes of 

25    soil so that we can protect our food supply, we 


                                                               5092

 1    can protect our farms while also smartly 

 2    developing solar energy and scaling that across 

 3    the state.  

 4                 I appreciate and I thank the leader 

 5    for bringing this to the floor.  I thank my 

 6    colleagues for voting for it.  And for that, I 

 7    vote aye.

 8                 Thank you, Mr. President.

 9                 ACTING PRESIDENT BAILEY:   Senator 

10    Hinchey to be recorded in the affirmative.

11                 Announce the results.

12                 THE SECRETARY:   Ayes, 61.

13                 ACTING PRESIDENT BAILEY:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    1568, Senate Print 1983A, by Senator Gounardes, 

17    an act to amend the Education Law.

18                 ACTING PRESIDENT BAILEY:   Read the 

19    last section.

20                 THE SECRETARY:   Section 2.  This 

21    act shall take effect on the first of July.

22                 ACTING PRESIDENT BAILEY:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT BAILEY:   Announce 


                                                               5093

 1    the results.

 2                 THE SECRETARY:   In relation to 

 3    Calendar Number 1568, those Senators voting in 

 4    the negative are Senators Gallivan, Lanza, 

 5    Murray, O'Mara, Ortt and Weber.

 6                 Ayes, 55.  Nays, 6.

 7                 ACTING PRESIDENT BAILEY:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    1569, Senate Print 3567A, by Senator Skoufis, an 

11    act to amend the Alcoholic Beverage Control Law.

12                 ACTING PRESIDENT BAILEY:   Read the 

13    last section.

14                 THE SECRETARY:   Section 4.  This 

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

16    shall have become a law.

17                 ACTING PRESIDENT BAILEY:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT BAILEY:   Announce 

21    the results.

22                 THE SECRETARY:   Ayes, 61.

23                 ACTING PRESIDENT BAILEY:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               5094

 1    1570, Assembly Bill Number 4100, by 

 2    Assemblymember Sillitti, an act to amend 

 3    Chapter 280 of the Laws of 2016.

 4                 ACTING PRESIDENT BAILEY:   There is 

 5    a home-rule message at the desk.

 6                 Read the last section.

 7                 THE SECRETARY:   Section 2.  This 

 8    act shall take effect immediately.

 9                 ACTING PRESIDENT BAILEY:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT BAILEY:   Announce 

13    the results.

14                 THE SECRETARY:   Ayes, 61.

15                 ACTING PRESIDENT BAILEY:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    1571, Senate Print 5291, by Senator Skoufis, an 

19    act granting retroactive Tier 4 status in the 

20    New York State and Local Employees' Retirement 

21    System.

22                 ACTING PRESIDENT BAILEY:   Read the 

23    last section.

24                 THE SECRETARY:   Section 3.  This 

25    act shall take effect immediately.  


                                                               5095

 1                 ACTING PRESIDENT BAILEY:   Call the 

 2    roll.

 3                 (The Secretary called the roll.)

 4                 ACTING PRESIDENT BAILEY:   Announce 

 5    the results.

 6                 THE SECRETARY:   Ayes, 61.

 7                 ACTING PRESIDENT BAILEY:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    1572, Senate Print 5361, by Senator Mannion, an 

11    act granting retroactive membership with Tier 4 

12    status in the New York State Teachers' Retirement 

13    System.

14                 ACTING PRESIDENT BAILEY:   Read the 

15    last section.

16                 THE SECRETARY:   Section 2.  This 

17    act shall take effect immediately.

18                 ACTING PRESIDENT BAILEY:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT BAILEY:   Announce 

22    the results.

23                 THE SECRETARY:   Ayes, 61.

24                 ACTING PRESIDENT BAILEY:   The bill 

25    is passed.


                                                               5096

 1                 THE SECRETARY:   Calendar Number 

 2    1573, Senate Print 5630A, by Senator Kennedy, an 

 3    act to amend the Executive Law.

 4                 ACTING PRESIDENT BAILEY:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 2.  This 

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

 8    shall have become a law.

 9                 ACTING PRESIDENT BAILEY:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT BAILEY:   Announce 

13    the results.

14                 THE SECRETARY:   Ayes, 61.

15                 ACTING PRESIDENT BAILEY:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    1574, Senate Print 5795A, by Senator Murray, an 

19    act in relation to authorizing the assessor of 

20    the Town of Brookhaven to accept an application 

21    for exemption from real property taxes.

22                 ACTING PRESIDENT BAILEY:   Read the 

23    last section.  

24                 THE SECRETARY:   Section 2.  This 

25    act shall take effect immediately.


                                                               5097

 1                 ACTING PRESIDENT BAILEY:   Call the 

 2    roll.

 3                 (The Secretary called the roll.)

 4                 ACTING PRESIDENT BAILEY:   Announce 

 5    the results.

 6                 THE SECRETARY:   In relation to 

 7    Calendar 1574, voting in the negative:  

 8    Senator O'Mara.

 9                 Ayes, 60.  Nays, 1.

10                 ACTING PRESIDENT BAILEY:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    1575, Senate Print 5894A, by Senator Bailey, an 

14    act to amend the Public Health Law.

15                 ACTING PRESIDENT BAILEY:   Read the 

16    last section.

17                 THE SECRETARY:   Section 2.  This 

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

19    shall have become a law.

20                 ACTING PRESIDENT BAILEY:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT BAILEY:   Announce 

24    the results.

25                 THE SECRETARY:   In relation to 


                                                               5098

 1    Calendar 1575, those Senators voting in the 

 2    negative are Senators Borrello, Gallivan, Griffo, 

 3    Helming, Lanza, Murray, Oberacker, O'Mara, Ortt, 

 4    Rhoads, Tedisco, Walczyk and Weik.

 5                 Ayes, 48.  Nays, 13.

 6                 ACTING PRESIDENT BAILEY:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    1576, Senate Print 5955A, by Senator Chu, an act 

10    to amend the Tax Law.

11                 ACTING PRESIDENT BAILEY:   Read the 

12    last section.

13                 THE SECRETARY:   Section 2.  This 

14    act shall take effect on the first day of a sales 

15    tax quarterly period.

16                 ACTING PRESIDENT BAILEY:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT BAILEY:   Announce 

20    the results.

21                 THE SECRETARY:   Ayes, 61.

22                 ACTING PRESIDENT BAILEY:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 

25    1577, Senate Print 6329B, by Senator Murray, an 


                                                               5099

 1    act in relation to authorizing the assessor of 

 2    the Town of Brookhaven, County of Suffolk, to 

 3    accept an application for a real property tax 

 4    exemption.

 5                 ACTING PRESIDENT BAILEY:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 2.  This 

 8    act shall take effect immediately.

 9                 ACTING PRESIDENT BAILEY:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT BAILEY:   Announce 

13    the results.

14                 THE SECRETARY:   In relation to 

15    Calendar Number 1577, voting in the negative:  

16    Senator O'Mara.

17                 Ayes, 60.  Nays, 1.

18                 ACTING PRESIDENT BAILEY:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    1578, Senate Print 6360, by Senator Rolison, an 

22    act to amend the Vehicle and Traffic Law.

23                 ACTING PRESIDENT BAILEY:   There is 

24    a home-rule message at the desk.

25                 Read the last section.


                                                               5100

 1                 THE SECRETARY:   Section 2.  This 

 2    act shall take effect immediately.

 3                 ACTING PRESIDENT BAILEY:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT BAILEY:   Announce 

 7    the results.

 8                 THE SECRETARY:   Ayes, 61.

 9                 ACTING PRESIDENT BAILEY:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    1579, Senate Print 6363A, by Senator Harckham, an 

13    act to amend Chapter 538 of the Laws of 1975.

14                 ACTING PRESIDENT BAILEY:   Read the 

15    last section.

16                 THE SECRETARY:   Section 2.  This 

17    act shall take effect immediately.

18                 ACTING PRESIDENT BAILEY:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT BAILEY:   Announce 

22    the results.

23                 THE SECRETARY:   Ayes, 61.

24                 ACTING PRESIDENT BAILEY:   The bill 

25    is passed.


                                                               5101

 1                 THE SECRETARY:   Calendar Number 

 2    1580, Senate Print 6441A, by Senator Skoufis, an 

 3    act relating to approving certain employee 

 4    benefit costs.

 5                 ACTING PRESIDENT BAILEY:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 3.  This 

 8    act shall take effect immediately.  

 9                 ACTING PRESIDENT BAILEY:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT BAILEY:   Announce 

13    the results.

14                 THE SECRETARY:   Ayes, 61.

15                 ACTING PRESIDENT BAILEY:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    1581, Senate Print 6519A, by Senator Kavanagh, an 

19    act to amend the Election Law.

20                 ACTING PRESIDENT BAILEY:   Read the 

21    last section.

22                 THE SECRETARY:   Section 2.  This 

23    act shall take effect immediately.  

24                 ACTING PRESIDENT BAILEY:   Call the 

25    roll.


                                                               5102

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT BAILEY:   Announce 

 3    the results.

 4                 THE SECRETARY:   Ayes, 61.

 5                 ACTING PRESIDENT BAILEY:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    1582, Senate Print 6553, by Senator Skoufis, an 

 9    act to authorize Susan Gillinder, the widow of 

10    Robert C. Ritchie, to file a new service 

11    retirement application.

12                 ACTING PRESIDENT BAILEY:   Read the 

13    last section.

14                 THE SECRETARY:   Section 3.  This 

15    act shall take effect immediately.

16                 ACTING PRESIDENT BAILEY:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT BAILEY:   Announce 

20    the results.

21                 THE SECRETARY:   Ayes, 61.

22                 ACTING PRESIDENT BAILEY:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 

25    1584, Senate Print 6692, by Senator Webb, an act 


                                                               5103

 1    to authorize the Town of Seneca Falls to offer an 

 2    optional 20-year retirement plan.

 3                 ACTING PRESIDENT BAILEY:   Calendar 

 4    Number 1584 does not have the home-rule message 

 5    that is required.  

 6                 The bill will be laid aside for the 

 7    day.

 8                 THE SECRETARY:   Calendar Number 

 9    1585, Senate Print Number 6698A, by 

10    Senator Canzoneri-Fitzpatrick, an act authorizing 

11    the Bais Tefila of Inwood to receive retroactive 

12    real property tax exempt status.

13                 ACTING PRESIDENT BAILEY:   Read the 

14    last section.

15                 THE SECRETARY:   Section 2.  This 

16    act shall take effect immediately.

17                 ACTING PRESIDENT BAILEY:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT BAILEY:   Announce 

21    the results.

22                 THE SECRETARY:   Ayes, 61.

23                 ACTING PRESIDENT BAILEY:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               5104

 1    1586, Assembly Bill Number 5039A, by 

 2    Assemblymember Clark, an act to amend the 

 3    Highway Law.

 4                 ACTING PRESIDENT BAILEY:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 2.  This 

 7    act shall take effect immediately.  

 8                 ACTING PRESIDENT BAILEY:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT BAILEY:   Announce 

12    the results.

13                 THE SECRETARY:   In relation to 

14    Calendar Number 1586, voting in the negative:  

15    Senator Brisport.  

16                 Ayes, 60.  Nays, 1.

17                 ACTING PRESIDENT BAILEY:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    1587, Assembly Bill Number 7199, by 

21    Assemblymember Wallace, an act to amend 

22    Chapter 462 of the Laws of 2015.

23                 ACTING PRESIDENT BAILEY:   Read the 

24    last section.

25                 THE SECRETARY:   Section 2.  This 


                                                               5105

 1    act shall take effect immediately.

 2                 ACTING PRESIDENT BAILEY:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT BAILEY:   Announce 

 6    the results.

 7                 THE SECRETARY:   Ayes, 61.

 8                 ACTING PRESIDENT BAILEY:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    1588, Senate Print 7062, by Senator Breslin, an 

12    act granting retroactive membership with Tier 4 

13    status in the New York State and Local Employees' 

14    Retirement System.

15                 ACTING PRESIDENT BAILEY:   Read the 

16    last section.

17                 THE SECRETARY:   Section 3.  This 

18    act shall take effect immediately.

19                 ACTING PRESIDENT BAILEY:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT BAILEY:   Announce 

23    the results.

24                 THE SECRETARY:   Ayes, 61.

25                 ACTING PRESIDENT BAILEY:   The bill 


                                                               5106

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    1589, Assembly Bill Number 6085A, by 

 4    Assemblymember Brown, an act to amend the 

 5    Alcoholic Beverage Control Law.

 6                 ACTING PRESIDENT BAILEY:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 2.  This 

 9    act shall take effect immediately.

10                 ACTING PRESIDENT BAILEY:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT BAILEY:   Announce 

14    the results.

15                 THE SECRETARY:   Ayes, 61.

16                 ACTING PRESIDENT BAILEY:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    1590, Senate Print 7130, by Senator Comrie, an 

20    act to amend the Alcoholic Beverage Control Law.

21                 ACTING PRESIDENT BAILEY:   Read the 

22    last section.

23                 THE SECRETARY:   Section 2.  This 

24    act shall take effect immediately.

25                 ACTING PRESIDENT BAILEY:   Call the 


                                                               5107

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT BAILEY:   Announce 

 4    the results.

 5                 THE SECRETARY:   Ayes, 61.

 6                 ACTING PRESIDENT BAILEY:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    1591, Senate Print Number 7159A, by 

10    Senator Hoylman-Sigal, an act to amend the 

11    Alcoholic Beverage Control Law.

12                 ACTING PRESIDENT BAILEY:   Read the 

13    last section.

14                 THE SECRETARY:   Section 3.  This 

15    act shall take effect immediately.

16                 ACTING PRESIDENT BAILEY:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT BAILEY:   Announce 

20    the results.

21                 THE SECRETARY:   Ayes, 61.

22                 ACTING PRESIDENT BAILEY:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 

25    1592, Senate Print 7221, by Senator Rivera, an 


                                                               5108

 1    act in relation to allowing for Genesis Villella 

 2    to qualify for and receive certain spousal 

 3    accidental death benefits.

 4                 ACTING PRESIDENT BAILEY:   Calendar 

 5    Number 1592 does not have the home rule message 

 6    that is required.  

 7                 The bill will be laid aside for the 

 8    day.

 9                 THE SECRETARY:   Calendar Number 

10    1593, Senate Print 7242A, by Senator Martinez, an 

11    act to amend the Retirement and Social Security 

12    Law.  

13                 ACTING PRESIDENT BAILEY:   Read the 

14    last section.

15                 THE SECRETARY:   Section 6.  This 

16    act shall take effect immediately.  

17                 ACTING PRESIDENT BAILEY:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT BAILEY:   Announce 

21    the results.

22                 THE SECRETARY:   Ayes, 61.

23                 ACTING PRESIDENT BAILEY:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               5109

 1    1594, Senate Print 7421, by Senator Ortt, an act 

 2    to amend the Veterans' Services Law.

 3                 ACTING PRESIDENT BAILEY:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 2.  This 

 6    act shall take effect immediately.

 7                 ACTING PRESIDENT BAILEY:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT BAILEY:   Announce 

11    the results.

12                 THE SECRETARY:   Ayes, 61.

13                 ACTING PRESIDENT BAILEY:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    1595, Senate Print 7423, by Senator Skoufis, an 

17    act in relation to authorizing Kevin Donohue to 

18    take the competitive civil service examination.

19                 ACTING PRESIDENT BAILEY:   The 

20    home-rule message that is required has not been 

21    received.

22                 The bill will be laid aside for the 

23    day.  

24                 ACTING PRESIDENT BAILEY:   Calendar 

25    Number 1596, Senate Print 7441A, by 


                                                               5110

 1    Senator Thomas, an act to amend the 

 2    Legislative Law.

 3                 SENATOR LANZA:   Lay it aside.

 4                 ACTING PRESIDENT BAILEY:   Lay it 

 5    aside.  

 6                 THE SECRETARY:   Calendar Number 

 7    1597, Senate Print 7452, by Senator Persaud, an 

 8    act to amend the Social Services Law.

 9                 ACTING PRESIDENT BAILEY:   Read the 

10    last section.

11                 THE SECRETARY:   Section 4.  This 

12    act shall take effect immediately.

13                 ACTING PRESIDENT BAILEY:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT BAILEY:   Announce 

17    the results.

18                 THE SECRETARY:   Ayes, 61.

19                 ACTING PRESIDENT BAILEY:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    1599, Senate Print 7468, by Senator Breslin, an 

23    act in relation to authorizing Tier 4 status in 

24    the New York State and Local Employees' 

25    Retirement System.  


                                                               5111

 1                 ACTING PRESIDENT BAILEY:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 4.  this 

 4    act shall take effect immediately.

 5                 ACTING PRESIDENT BAILEY:   Call the 

 6    roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT BAILEY:   Announce 

 9    the results.

10                 THE SECRETARY:   Ayes, 61.

11                 ACTING PRESIDENT BAILEY:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 

14    1600, Senate Print 7469, by Senator Breslin, an 

15    act in relation to granting Tier 4 status in the 

16    New York State and Local Employees' Retirement 

17    System.

18                 ACTING PRESIDENT BAILEY:   Calendar 

19    Number 1600 does not have the required home rule 

20    message.  

21                 The bill will be laid aside for the 

22    day.  

23                 THE SECRETARY:   Calendar Number 

24    1601, Senate Print 7507, by Senator Brouk, an act 

25    to amend the Public Health Law and the 


                                                               5112

 1    Surrogate's Court Procedure Act.

 2                 ACTING PRESIDENT BAILEY:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 17.  This 

 5    act shall take effect December 31, 2023.

 6                 ACTING PRESIDENT BAILEY:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT BAILEY:   Announce 

10    the results.

11                 THE SECRETARY:   In relation to 

12    Calendar 1601, those Senators voting in the 

13    negative are Senators Mannion and Walczyk.

14                 Ayes, 59.  Nays, 2.

15                 ACTING PRESIDENT BAILEY:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    1602, Senate Print 7508, by Senator Sepúlveda, an 

19    act to amend the Administrative Code of the City 

20    of New York.

21                 ACTING PRESIDENT BAILEY:   Read the 

22    last section.

23                 THE SECRETARY:   Section 4.  This 

24    act shall take effect immediately.

25                 ACTING PRESIDENT BAILEY:   Call the 


                                                               5113

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT BAILEY:   Announce 

 4    the results.  

 5                 THE SECRETARY:   In relation to 

 6    Calendar Number 1602, those Senators voting in 

 7    the negative are Senators Borrello, 

 8    Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming, 

 9    Lanza, Martinez, Martins, Mattera, Murray, 

10    O'Mara, Ort, Palumbo, Rhoads, Rolison, Tedisco, 

11    Weber and Weik.

12                 Ayes, 43.  Nays, 18.

13                 ACTING PRESIDENT BAILEY:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    1603, Senate Print 7509, by Senator Jackson, an 

17    act to amend the Retirement and Social Security 

18    Law.

19                 ACTING PRESIDENT BAILEY:   Calendar 

20    Number 1603 doesn't have required home rule 

21    message.  

22                 The bill will be laid aside for the 

23    day.

24                 THE SECRETARY:   Calendar Number 

25    1604, Senate Print 7510, by Senator Comrie, an 


                                                               5114

 1    act to amend the New York State Medical Care 

 2    Facilities Finance Agency Act.

 3                 ACTING PRESIDENT BAILEY:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 2.  This 

 6    act shall take effect immediately.

 7                 ACTING PRESIDENT BAILEY:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT BAILEY:   Announce 

11    the results.

12                 THE SECRETARY:   Ayes, 61.

13                 ACTING PRESIDENT BAILEY:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    1605, Senate Print 7512, by Senator Jackson, an 

17    act to amend the Education Law.

18                 ACTING PRESIDENT BAILEY:   Read the 

19    last section.

20                 THE SECRETARY:   Section 7.  This 

21    act shall take effect immediately.

22                 ACTING PRESIDENT BAILEY:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT BAILEY:   Announce 


                                                               5115

 1    the results.

 2                 THE SECRETARY:   Ayes, 61.

 3                 ACTING PRESIDENT BAILEY:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    1606, Senate Print Number 7515, by 

 7    Senator Stewart-Cousins, an act in relation to 

 8    providing assessment relief to property owners 

 9    within certain municipalities.

10                 ACTING PRESIDENT BAILEY:   Read the 

11    last section.

12                 THE SECRETARY:   Section 11.  This 

13    act shall take effect immediately.

14                 ACTING PRESIDENT BAILEY:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT BAILEY:   Announce 

18    the results.

19                 THE SECRETARY:   Ayes, 61.

20                 ACTING PRESIDENT BAILEY:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    1607, Senate Print 7516, by Senator Salazar, an 

24    act to amend the Judiciary Law.

25                 ACTING PRESIDENT BAILEY:   Read the 


                                                               5116

 1    last section.

 2                 THE SECRETARY:   Section 3.  This 

 3    act shall take effect immediately.

 4                 ACTING PRESIDENT BAILEY:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT BAILEY:   Announce 

 8    the results.

 9                 THE SECRETARY:   Ayes, 61.

10                 ACTING PRESIDENT BAILEY:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    1608, Senate Print 7517, by Senator Sepúlveda, an 

14    act to amend the Civil Practice Law and Rules.

15                 ACTING PRESIDENT BAILEY:   Read the 

16    last section.

17                 THE SECRETARY:   Section 2.  This 

18    act shall take effect immediately.

19                 ACTING PRESIDENT BAILEY:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT BAILEY:   Announce 

23    the results.

24                 THE SECRETARY:   Ayes, 61.

25                 ACTING PRESIDENT BAILEY:   The bill 


                                                               5117

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    1609, Senate Print 7518, by Senator Breslin, an 

 4    act to amend the Judiciary Law.

 5                 ACTING PRESIDENT BAILEY:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 2.  This 

 8    act shall take effect immediately.  

 9                 ACTING PRESIDENT BAILEY:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT BAILEY:   Announce 

13    the results.

14                 THE SECRETARY:   Ayes, 61.

15                 ACTING PRESIDENT BAILEY:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    1610, Senate Print 7522, by Senator Cooney, an 

19    act to amend the Public Buildings Law.

20                 ACTING PRESIDENT BAILEY:   Read the 

21    last section.

22                 THE SECRETARY:   Section 4.  This 

23    act shall take effect immediately.

24                 ACTING PRESIDENT BAILEY:   Call the 

25    roll.


                                                               5118

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT BAILEY:   Announce 

 3    the results.

 4                 THE SECRETARY:   Ayes, 61.

 5                 ACTING PRESIDENT BAILEY:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    1611, Senate Print Number 7523, by 

 9    Senator Hoylman-Sigal, an act to amend the 

10    Civil Practice Law and Rules.

11                 ACTING PRESIDENT BAILEY:   Read the 

12    last section.

13                 THE SECRETARY:   Section 2.  This 

14    act shall take effect immediately.

15                 ACTING PRESIDENT BAILEY:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT BAILEY:   Announce 

19    the results.

20                 THE SECRETARY:   In relation to 

21    Calendar 1611, those Senators voting in the 

22    negative are Senators Ashby, Borrello, 

23    Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming, 

24    Lanza, Martins, Mattera, Murray, Oberacker, 

25    O'Mara, Ortt, Palumbo, Rhoads, Rolison, Stec, 


                                                               5119

 1    Tedisco, Walczyk, Weber and Weik.

 2                 Ayes, 40.  Nays, 21.

 3                 ACTING PRESIDENT BAILEY:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    1612, Senate Print Number 7524, by 

 7    Senator Hoylman-Sigal, an act to amend the 

 8    Judiciary Law.

 9                 ACTING PRESIDENT BAILEY:   Read the 

10    last section.

11                 THE SECRETARY:   Section 19.  This 

12    act shall take effect immediately.

13                 ACTING PRESIDENT BAILEY:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT BAILEY:   Announce 

17    the results.

18                 THE SECRETARY:   In relation to 

19    Calendar 1612, those Senators voting in the 

20    negative are Senators Ashby, Borrello, 

21    Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming, 

22    Martins, Mattera, Murray, Oberacker, O'Mara, 

23    Ortt, Rhoads, Stec, Tedisco, Walczyk, Weber and 

24    Weik.

25                 Ayes, 43.  Nays, 18.


                                                               5120

 1                 ACTING PRESIDENT BAILEY:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    1613, Senate Print Number 7525, by 

 5    Senator Hoylman-Sigal, an act to amend the 

 6    Judiciary Law.

 7                 ACTING PRESIDENT BAILEY:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 3.  This 

10    act shall take effect April 1, 2024.

11                 ACTING PRESIDENT BAILEY:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT BAILEY:   Announce 

15    the results.

16                 THE SECRETARY:   In relation to 

17    Calendar Number 1613, voting in the negative:  

18    Senator Oberacker.

19                 Ayes, 60.  Nays, 1.

20                 ACTING PRESIDENT BAILEY:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    1614, Senate Print 7526, by Senator Comrie, an 

24    act to amend the New York City Charter.

25                 ACTING PRESIDENT BAILEY:   Read the 


                                                               5121

 1    last section.

 2                 THE SECRETARY:   Section 7.  This 

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

 4    shall have become a law.

 5                 ACTING PRESIDENT BAILEY:   Call the 

 6    roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT BAILEY:   Announce 

 9    the results.

10                 THE SECRETARY:   Ayes, 61.

11                 ACTING PRESIDENT BAILEY:   The bill 

12    is passed.

13                 Senator Gianaris, that completes the 

14    reading of the supplemental calendar.

15                 SENATOR GIANARIS:   Just a moment, 

16    Mr. President.  I understand some amendments are 

17    coming my way.

18                 Mr. President, amendments are 

19    offered to the following Third Reading Calendar 

20    bills:  

21                 By Senator Mayer, page 13, Calendar 

22    Number 487, Senate Print 4467A;

23                 Senator Breslin, page 59, Calendar 

24    Number 1187, Senate Print 5764A;

25                 And Senator Kavanagh, page 23, 


                                                               5122

 1    Calendar Number 815, Senate Print 643C. 

 2                 ACTING PRESIDENT BAILEY:   The 

 3    amendments for those bills are received, and the 

 4    bills will retain their place on the Third 

 5    Reading Calendar.

 6                 Senator Gianaris.

 7                 SENATOR GIANARIS:   Can we now take 

 8    up the controversial calendar.

 9                 ACTING PRESIDENT BAILEY:   The 

10    Secretary will ring the bell.

11                 The Secretary will read.

12                 THE SECRETARY:   Calendar Number 

13    663, Assembly Bill Number 5610D, by 

14    Assemblymember Rozic, an act to amend the 

15    General Business Law.

16                 ACTING PRESIDENT BAILEY:   Senator 

17    Canzoneri-Fitzpatrick, why do you rise?

18                 SENATOR CANZONERI-FITZPATRICK:   

19    Mr. President, I was wondering if the sponsor 

20    would yield for a few questions.

21                 ACTING PRESIDENT BAILEY:   Will the 

22    sponsor yield?

23                 SENATOR MAYER:   Yes, sure.  Happy 

24    to yield.

25                 ACTING PRESIDENT BAILEY:   The 


                                                               5123

 1    sponsor yields.

 2                 SENATOR CANZONERI-FITZPATRICK:  

 3    Thank you, Senator Mayer.  

 4                 Through you, Mr. President, I was 

 5    wondering if this bill was requested by the 

 6    Department of Health.

 7                 SENATOR MAYER:   Through you, 

 8    Mr. President, no, it was not.

 9                 SENATOR CANZONERI-FITZPATRICK: 

10    Mr. President, will the sponsor continue to 

11    yield.

12                 ACTING PRESIDENT BAILEY:   Will the 

13    sponsor yield?

14                 SENATOR MAYER:   Yes, of course.

15                 ACTING PRESIDENT BAILEY:   The 

16    sponsor yields.

17                 SENATOR CANZONERI-FITZPATRICK:   So 

18    I was wondering if the sponsor could please tell 

19    me, why did this bill get proposed?

20                 SENATOR MAYER:   Through you, 

21    Mr. President, I'm happy to explain.

22                 This bill -- we passed a different 

23    version of this bill last year which was intended 

24    to address the use by children under the age of 

25    18 of over-the-counter diet pills or supplements 


                                                               5124

 1    for weight loss or muscle building.  

 2                 The bill was passed on a bipartisan 

 3    basis by both houses, and it was vetoed by the 

 4    Governor in large part because the Department of 

 5    Health, according to the Governor, was not able 

 6    to take on the additional tasks anticipated by 

 7    the bill in determining which substances would be 

 8    prohibited.

 9                 As a result, this is a new approach.  

10    It does not involve the Department of Health.  

11    And therefore we think it addresses the issues 

12    raised by the Governor in her veto last year, 

13    while addressing the underlying problem of young 

14    people using these really very unregulated 

15    substances.

16                 SENATOR CANZONERI-FITZPATRICK: 

17    Through you, Mr. President, would the sponsor 

18    continue to yield, please.

19                 ACTING PRESIDENT BAILEY:   Will the 

20    sponsor yield?

21                 SENATOR MAYER:   Yes.

22                 ACTING PRESIDENT BAILEY:   The 

23    sponsor yields.  

24                 SENATOR CANZONERI-FITZPATRICK:   So 

25    thank you, Senator Mayer, because that leads into 


                                                               5125

 1    my next question.  

 2                 If the Department of Health is now 

 3    removed from the process, how is it that we're 

 4    supposed to determine what products are subject 

 5    to the restrictions of this bill?

 6                 SENATOR MAYER:   Well, through you, 

 7    Mr. President, as the bill provides in Section 6, 

 8    if an action is brought by the Attorney General 

 9    for a violation of this provision, there's a 

10    number of factors that the court will consider -- 

11    whether the product contains an ingredient 

12    approved by the FDA, a steroid, creatine; whether 

13    the labeling or marketing implies or suggests 

14    that they contribute to weight loss; and other 

15    factors.

16                 So the point is we have given the 

17    court guidance in an action by the Attorney 

18    General to determine whether the materials sold 

19    do constitute a violation of this section of law.

20                 SENATOR CANZONERI-FITZPATRICK:  

21    Through you, Mr. President, would the sponsor 

22    continue to yield.  

23                 ACTING PRESIDENT BAILEY:   Will the 

24    sponsor yield?

25                 SENATOR MAYER:   Yes.


                                                               5126

 1                 ACTING PRESIDENT BAILEY:   The 

 2    sponsor yields.

 3                 SENATOR CANZONERI-FITZPATRICK:   So 

 4    is it that there will be a list of some kind 

 5    provided to retailers as to the products that are 

 6    within this restriction?  Or are we relying on 

 7    local retailers to read labels and determine 

 8    whether or not they would be required to collect 

 9    an ID for selling a product?

10                 SENATOR MAYER:   Through you, 

11    Mr. President, the direction to retailers is that 

12    they are limited in the sale of items that are 

13    promoted or expressly sold for the purposes of 

14    weight loss and other kinds of similar things.

15                 And I'm looking for the language in 

16    the bill that expressly describes what I'm 

17    talking about.

18                 So it's the marketing of these 

19    products -- labeled, marketed or otherwise 

20    represented for the purpose of achieving weight 

21    loss or muscle building.

22                 So it is the acts of the retailer in 

23    putting them either in a section that says 

24    "weight loss drugs" or "over-the-counter diet 

25    pills" that will constitute the preliminary 


                                                               5127

 1    judgment that if they are there and they are sold 

 2    to someone under the age of 18, that they are a 

 3    violation -- would constitute a violation of this 

 4    section.

 5                 SENATOR CANZONERI-FITZPATRICK: 

 6    Through you, Mr. President would the sponsor 

 7    continue to yield.

 8                 ACTING PRESIDENT BAILEY:   Will the 

 9    sponsor yield?

10                 SENATOR MAYER:   Yes.

11                 ACTING PRESIDENT BAILEY:   The 

12    sponsor yields.

13                 SENATOR CANZONERI-FITZPATRICK:   So 

14    referring to Section 6, there is a definition of 

15    over-the-counter diet pill, and it includes 

16    products that contain the ingredients creatine, 

17    green tea extract, raspberry ketone, garcinia  

18    cambogia -- which, I'm sorry, I can't 

19    pronounce -- and green coffee bean extract.  

20    Those are specifically listed within the category 

21    of diet pills or dietary supplements.  

22                 So is it possible that a product 

23    that's not labeled as a dietary supplement but 

24    contains these products would generate a 

25    violation for a retailer?


                                                               5128

 1                 SENATOR MAYER:   Through you, 

 2    Mr. President.  This bill was constructed to get 

 3    at the marketing of products for young people, 

 4    these kinds of products.  So if a product 

 5    contained these ingredients and was marketed 

 6    expressly as a weight loss or a dietary 

 7    supplement, that is what is the trigger for a 

 8    violation of this section.

 9                 SENATOR CANZONERI-FITZPATRICK: 

10    Through you, Mr. President, would the sponsor 

11    continue to yield.

12                 ACTING PRESIDENT BAILEY:   Will the 

13    sponsor yield?

14                 SENATOR MAYER:   Yes.

15                 ACTING PRESIDENT BAILEY:   The 

16    sponsor yields.

17                 SENATOR CANZONERI-FITZPATRICK:   So 

18    if I'm understanding correctly, that if it does 

19    contain the ingredients I just read, but is not 

20    labeled a dietary supplement, then that product 

21    is not falling within this bill, is that correct?

22                 SENATOR MAYER:   Through you, 

23    Mr. President.  Those factors that are listed in 

24    Section 6 are among those the court can consider 

25    in determining whether the product was being 


                                                               5129

 1    marketed for achieving weight loss or muscle 

 2    building.  

 3                 It could be that other factors, such 

 4    as placement of the product on a shelf that is 

 5    targeted for weight loss, might constitute a 

 6    violation, and there is an easy remedy.  The 

 7    retailer needs to check the age of the buyer.  

 8    Once they've checked the age of the buyer, it's 

 9    basically a presumption that they have met the 

10    standard here.

11                 SENATOR CANZONERI-FITZPATRICK: 

12    Through you, Mr. President, would the sponsor 

13    continue to yield.

14                 ACTING PRESIDENT BAILEY:   Will the 

15    sponsor yield?

16                 SENATOR MAYER:   Yes.

17                 ACTING PRESIDENT BAILEY:   The 

18    sponsor yields.

19                 SENATOR CANZONERI-FITZPATRICK:   So 

20    is it possible, then, that something as simple as 

21    mineral water or a vitamin water or some sort of 

22    energy drink that contains these ingredients 

23    that's not subject -- is not labeled a dietary 

24    supplement would then create a violation under 

25    this bill?


                                                               5130

 1                 SENATOR MAYER:   Through you, 

 2    Mr. President.  The bill is intended to reach 

 3    products and diet pills and supplements that are 

 4    marketed for weight loss, and marketed or -- 

 5    labeled, marketed or otherwise represented for 

 6    the purpose of achieving weight loss or muscle 

 7    building is described in section -- in the 

 8    beginning of the bill.  

 9                 And therefore it could be that the 

10    placement of a product that is not listed here in 

11    a weight loss section could be construed as a 

12    violation.

13                 However, all the retailer has to do 

14    is ask for the ID and determine that a person is 

15    18 or older.

16                 SENATOR CANZONERI-FITZPATRICK: 

17    Through you, Mr. President, would the sponsor 

18    continue to yield.

19                 ACTING PRESIDENT BAILEY:   Will the 

20    sponsor yield?

21                 SENATOR MAYER:   Yes.

22                 ACTING PRESIDENT BAILEY:   The 

23    sponsor yields.

24                 SENATOR CANZONERI-FITZPATRICK:   So 

25    are you saying that as a backup plan, that a 


                                                               5131

 1    small retailer should just ask for ID no matter 

 2    what they're selling because, conceivably, unless 

 3    he's reading the ingredients, he could be in 

 4    violation of this statute unless he asks for ID 

 5    from the purchaser.

 6                 SENATOR MAYER:   Through you, 

 7    Mr. President, I think my colleague is missing 

 8    the point of this.  

 9                 There are serious health 

10    consequences to those under 18, as documented by 

11    the Harvard School of Public Health and others, 

12    that can occur and in fact have occurred, coupled 

13    with a real fixation on weight loss and body 

14    image that have proved extremely damaging to 

15    18 year-olds.  So we start with that as the 

16    premise of the bill, and let's not forget that 

17    that's the premise.

18                 Secondly, this is going to the 

19    marketing of products for weight loss.  If some 

20    kind of water is in the weight loss section, it 

21    is unlikely that that constitutes either a diet 

22    pill, an over-the-counter diet pill or a dietary 

23    supplement for weight loss or muscle building 

24    that would constitute a violation.

25                 SENATOR CANZONERI-FITZPATRICK: 


                                                               5132

 1    Through you, Mr. President, would the sponsor 

 2    continue to yield.

 3                 ACTING PRESIDENT BAILEY:   Will the 

 4    sponsor yield?

 5                 SENATOR MAYER:   Yes.

 6                 ACTING PRESIDENT BAILEY:   The 

 7    sponsor yields.

 8                 SENATOR CANZONERI-FITZPATRICK:   I 

 9    have -- I share your concern.  As the mom of 

10    three girls, I certainly understand the goal of 

11    this bill.

12                 However, without proper guidance to 

13    a retailer as to what products are covered, I 

14    think that's where my issue lies.  Because you're 

15    setting up small mom-and-pop shops as well as the 

16    CVS, as well as the Stop & Shop, to potentially 

17    have a violation and not know that they are doing 

18    that.

19                 But if you'd allow me my next 

20    question, what IDs are required or permitted to 

21    be presented upon the purchase of these items?

22                 SENATOR MAYER:   Through you, 

23    Mr. President.  In Section 2:  For purposes of 

24    this section, proof of legal age shall mean a 

25    valid driver's license or non-driver's 


                                                               5133

 1    identification card, a valid passport, an 

 2    identification card issued by the armed forces, 

 3    or a student identification card, provided such 

 4    indicates the date of birth of the individual.

 5                 So it's described in the bill.  And 

 6    I would say that the vast majority of retail 

 7    stores that sell these products frequently either 

 8    sell cigarettes or alcohol, other kinds of things 

 9    that require an ID card in which to be authorized 

10    to buy them.

11                 SENATOR CANZONERI-FITZPATRICK: 

12    Through you, Mr. President, would the sponsor 

13    continue to yield.

14                 ACTING PRESIDENT BAILEY:   Will the 

15    sponsor yield?

16                 SENATOR MAYER:   Yes.

17                 ACTING PRESIDENT BAILEY:   The 

18    sponsor yields.

19                 SENATOR CANZONERI-FITZPATRICK:   So 

20    my question to you, Senator Mayor, is why is it 

21    that we're allowing a student ID as a valid form 

22    of proof in this case?  Because if we're, say, in 

23    Queens and someone presents an ID from the 

24    University of Virginia, it's going to be very 

25    difficult for that mom-and-pop shop to know what 


                                                               5134

 1    a true valid ID from the University of Virginia 

 2    looks like.  

 3                 And I wonder if we're setting up 

 4    our, you know, mom-and-pop shop to potentially 

 5    sell these products to the kids that are 

 6    underage.

 7                 SENATOR MAYER:   Through you, 

 8    Mr. President.  This is a statewide bill.  It 

 9    affects people throughout the state.  And we all 

10    know, those of us who live downstate, that 

11    there's a vast number of kids who are over the 

12    age of 18 who do not have driver's licenses and 

13    do not have other kinds of ID other than student 

14    ID.  

15                 And for those who are over 18 and 

16    wish to buy these products, we are facilitating 

17    their ability to do so with a valid proof.

18                 And I would point out, and I think 

19    you saw this, it's an affirmative defense if the 

20    retailer uses a scanner to determine whether the 

21    ID is valid.

22                 SENATOR CANZONERI-FITZPATRICK:  

23    Through you, Mr. President, would the sponsor 

24    continue to yield.

25                 ACTING PRESIDENT BAILEY:   Will the 


                                                               5135

 1    sponsor yield?

 2                 SENATOR MAYER:   Yes.

 3                 ACTING PRESIDENT BAILEY:   The 

 4    sponsor yields.  

 5                 SENATOR CANZONERI-FITZPATRICK:    

 6    Under General Business Law Section 391, there was 

 7    an exemption for retailers who did not know that 

 8    a product contained a particular ingredient.  And 

 9    I was wondering, does this bill contain a similar 

10    defense for a retailer who doesn't know that an 

11    ingredient is in a product?  

12                 SENATOR MAYER:   Through you, 

13    Mr. President, no, it does not.

14                 SENATOR CANZONERI-FITZPATRICK: 

15    Through you, Mr. President, would the sponsor 

16    continue to yield.

17                 ACTING PRESIDENT BAILEY:   Will the 

18    sponsor yield?

19                 SENATOR MAYER:   Yes.

20                 ACTING PRESIDENT BAILEY:   The 

21    sponsor yields.

22                 SENATOR CANZONERI-FITZPATRICK:   So 

23    if there isn't a defense -- and I'm just trying 

24    to clarify.  If a mom-and-pop shop sells a 

25    protein drink or vitamin water or even a protein 


                                                               5136

 1    bar that contains one of these ingredients that 

 2    are covered by the statute, and they don't know, 

 3    we're saying there's no defense if they don't ask 

 4    for an ID.  Is that -- is that -- my 

 5    understanding correct?

 6                 SENATOR MAYER:   Through you, 

 7    Mr. President, no, I don't believe that is 

 8    correct.

 9                 We are getting at two things.  

10    Over-the-counter diet pills -- there's not much 

11    question about what those are.  Dietary 

12    supplements for weight loss or muscle building, 

13    defined in the bill, not including protein 

14    powders, protein drinks, and food marketed as 

15    containing protein unless the protein powder, 

16    protein drink or food marketed as containing 

17    protein contains an ingredient other than protein 

18    which would, considered alone, constitute a 

19    dietary supplement for weight loss or muscle 

20    building.

21                 So you can come up with ideas of 

22    things that potentially someone down the road 

23    could ultimately consider to be violations, but 

24    the fact is the bill is actually quite clear at 

25    what it is getting at:  dietary supplements for 


                                                               5137

 1    weight loss or muscle building, or 

 2    over-the-counter diet pills.  There's not a real 

 3    ambiguity about what either of those words means.

 4                 SENATOR CANZONERI-FITZPATRICK: 

 5    Mr. President, would the sponsor continue to 

 6    yield.

 7                 ACTING PRESIDENT BAILEY:   Will the 

 8    sponsor yield?

 9                 SENATOR MAYER:   Yes.

10                 ACTING PRESIDENT BAILEY:   The 

11    sponsor yields.

12                 SENATOR CANZONERI-FITZPATRICK:   So, 

13    Senator Mayer, could I ask why is it that the 

14    Attorney General is now involved in the 

15    enforcement of this statute?  If it becomes law, 

16    I should say, this bill.

17                 SENATOR MAYER:   Well, we hope it 

18    becomes law.  Through you, Mr. President.

19                 But, you know, the Attorney General 

20    has authority for all kinds of consumer law 

21    violations under Section 6312 of the 

22    Executive Law and other provisions.  

23                 In part because the Governor 

24    expressed last year the reservations about the 

25    Department of Health being the arbiter, it 


                                                               5138

 1    actually makes more sense that when there is a 

 2    complaint or something worth pursuing, the 

 3    Attorney General may proceed with an action to 

 4    enjoin and restrain the violation.  They have 

 5    violations of other -- violations of the General 

 6    Business Law, and this seems to fit correctly 

 7    within their jurisdiction.

 8                 SENATOR CANZONERI-FITZPATRICK: 

 9    Through you, Mr. President, would the sponsor 

10    continue to yield.

11                 ACTING PRESIDENT BAILEY:   Will the 

12    sponsor yield?

13                 SENATOR MAYER:   Yes.

14                 ACTING PRESIDENT BAILEY:   The 

15    sponsor yields.

16                 SENATOR CANZONERI-FITZPATRICK:   So 

17    by your own admission, the Attorney General has 

18    an awful lot on their plate.  Are they going to 

19    have the time and the resources to enforce this 

20    bill?  

21                 SENATOR MAYER:   Through you, 

22    Mr. President.  The Attorney General is empowered 

23    to enforce a wide number of bills.  When they're 

24    the appropriate enforcement authority, it's our 

25    job as a legislature to delegate the enforcement 


                                                               5139

 1    to them.

 2                 And in fact in this, this gives them 

 3    the authority to bring a proceeding and to allow 

 4    the court to have a great deal of discretion.  

 5    This is not -- this is actually the opposite of 

 6    what I think my colleague would oppose, which is 

 7    a more draconian path of the Department of Health 

 8    simply slapping violations on people.  

 9                 There actually needs to be a 

10    proceeding brought in Supreme Court to enjoin a 

11    violation and factors listed.  And I'm confident 

12    the Attorney General has the power and has the 

13    authority and the resources to handle this.

14                 SENATOR CANZONERI-FITZPATRICK: 

15    Mr. President, on the bill.

16                 ACTING PRESIDENT BAILEY:   Senator 

17    Canzoneri-Fitzpatrick on the bill.

18                 SENATOR CANZONERI-FITZPATRICK:   

19    Thank you, Senator Mayer, for yielding to the 

20    questions.

21                 As I stated before, I understand the 

22    overall purpose.  I think that we have to do 

23    something to address the issues that you're 

24    trying to address.  

25                 However, I believe this bill is 


                                                               5140

 1    overly broad.  It puts an incredible burden on 

 2    our local mom-and-pop shops, which are the 

 3    backbone of the communities that I serve and I 

 4    suspect around the state.

 5                 We're not giving them guidance as to 

 6    the products that are covered, yet we're giving 

 7    them absolutely no defense if they mess up, 

 8    because these ingredients are specific.  And I 

 9    don't think that this is going to have the effect 

10    that you're hoping.  I think there could be some 

11    things that we did to fix this bill.  

12                 But as I said, we've also got the 

13    Attorney General, who's overburdened and doesn't 

14    have financial resources to enforce this.  

15                 So for those reasons, I'll be voting 

16    in the negative.  Thank you.

17                 ACTING PRESIDENT BAILEY:   Thank 

18    you, Senator Canzoneri-Fitzpatrick.

19                 Are there any other Senators wishing 

20    to be heard?

21                 Seeing and hearing none, the debate 

22    is closed.

23                 Senator Serrano.

24                 SENATOR SERRANO:   Upon consent, can 

25    we restore this bill to the noncontroversial 


                                                               5141

 1    calendar.

 2                 ACTING PRESIDENT BAILEY:   The bill 

 3    will be restored, upon consent, to the 

 4    noncontroversial calendar.

 5                 Read the last section.

 6                 THE SECRETARY:   Section 2.  This 

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

 8    shall have become a law.

 9                 ACTING PRESIDENT BAILEY:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT BAILEY:   Senator 

13    Mayer to explain her vote.

14                 SENATOR MAYER:   Thank you, 

15    Mr. President.  

16                 Thank you to my colleague for a 

17    thoughtful discussion of this bill.

18                 And I'm glad she agrees with me, and 

19    I suspect many of my colleagues do:  The use of 

20    diet pills and other weight loss supplements by 

21    young people is a serious health issue.  

22                 We have the opportunity to do 

23    something here to greatly limit their access to 

24    these products, and we're doing it in the most 

25    responsible way.  Frequently when the Governor 


                                                               5142

 1    vetoes a bill, we repass it as is.  And I -- in 

 2    this case, we are determined to find a path 

 3    forward to restrict the sale of these products, 

 4    which really have been underregulated and 

 5    unregulated by the FDA.

 6                 They have left a great field of 

 7    danger to our young people as well as actual 

 8    health risks for those who take these in the 

 9    equivalent of medication.  So these unregulated 

10    over-the-counter products should be regulated.  

11                 We've come up with a thoughtful and 

12    responsible way to do so, having heard from many 

13    experts and young people, young people who have 

14    been the victims of the sale of these products -- 

15    which, by the way, are marketed to them.

16                 So I am proudly voting yes.  I think 

17    we need to take a step and really make a 

18    difference in this area to protect our young 

19    people.  I vote aye and urge my colleagues to do 

20    the same.

21                 ACTING PRESIDENT BAILEY:   Senator 

22    Mayer to be recorded in the affirmative.

23                 Announce the results.

24                 THE SECRETARY:   In relation to 

25    Calendar 663, those Senators voting in the 


                                                               5143

 1    negative are Senators Ashby, Borrello, 

 2    Canzoneri-Fitzpatrick, Griffo, Helming, Lanza, 

 3    Murray, Oberacker, O'Mara, Ortt, Palumbo, Rhoads, 

 4    Stec, and Walczyk.  Also Senator Martins.  

 5                 Ayes, 46.  Nays, 15.

 6                 ACTING PRESIDENT BAILEY:   The bill 

 7    is passed.

 8                 The Secretary will ring the bell.

 9                 The Secretary will read.  

10                 THE SECRETARY:   Calendar Number 

11    1226, Senate Print 6975, by Senator Salazar, an 

12    act to amend the Executive Law.

13                 ACTING PRESIDENT BAILEY:   Senator 

14    Palumbo, why do you rise?

15                 SENATOR PALUMBO:   Thank you, 

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

17    quick questions, please.

18                 ACTING PRESIDENT BAILEY:   Will the 

19    sponsor yield? 

20                 SENATOR SALAZAR:   Yes.

21                 ACTING PRESIDENT BAILEY:   The 

22    sponsor yields.

23                 SENATOR PALUMBO:   Thank you, 

24    Senator Salazar.  Good afternoon.  How are you?  

25                 Through you, Mr. President, I just 


                                                               5144

 1    have a few questions on the nature of this bill.  

 2    And I think it's a good bill.  I'm going to vote 

 3    for it, of course.  But I do have a few questions 

 4    on the authority of the inspector general.  

 5                 It's my understanding that the 

 6    inspector general already had the authority to 

 7    investigate sexual assaults in the jail against 

 8    inmates, staff and so forth.  Can you please tell 

 9    us why this bill is necessary?

10                 SENATOR SALAZAR:   Through you, 

11    Mr. President.  Currently the inspector general 

12    can conduct investigations into alleged criminal 

13    wrongdoing.  Allegations of corruption, conflicts 

14    of interest, et cetera.  Abuse in New York State 

15    agencies, including DOCCS.  And in fact more than 

16    half of all of the complaints they receive are 

17    actually about -- are related to DOCCS.

18                 However, currently they allow DOCCS 

19    to investigate complaints themselves, through 

20    OSI, of sexual misconduct in DOCCS facilities.  

21    And this is not exactly working out well all the 

22    time for individuals who are victims or survivors 

23    of sexual assault in correctional facilities.  

24                 And so this is an effort to ensure 

25    that the inspector general will also investigate 


                                                               5145

 1    these cases and provide another means of recourse 

 2    potentially for sexual assault victims when 

 3    they're incarcerated.

 4                 SENATOR PALUMBO:   Thank you, 

 5    Senator.

 6                 Would the sponsor yield for another 

 7    question, please.

 8                 ACTING PRESIDENT BAILEY:   Will the 

 9    sponsor yield? 

10                 SENATOR SALAZAR:   Yes.

11                 ACTING PRESIDENT BAILEY:   The 

12    sponsor yields.  

13                 SENATOR PALUMBO:   Thank you.  And 

14    through you, Mr. President.  

15                 So this bill also would create an 

16    anonymous reporting system, I guess, that would 

17    circumvent any reporting that would have to go 

18    directly through Corrections or their staff.  It 

19    would be a specific report, my understanding is 

20    from the language of the bill, that would go from 

21    an inmate directly to the inspector general's 

22    office.  Is that accurate?

23                 SENATOR SALAZAR:   So just to 

24    clarify -- through you, Mr. President -- an 

25    individual who's incarcerated in a correctional 


                                                               5146

 1    facility could still use the current mechanisms 

 2    that are available to report sexual misconduct.  

 3    They could still report to DOCCS staff or OSI.  

 4                 This would just create another 

 5    avenue for them also to make those reports 

 6    anonymously.

 7                 SENATOR PALUMBO:   Thank you.  

 8                 Through you, Mr. President, will the 

 9    sponsor continue to yield.

10                 ACTING PRESIDENT BAILEY:   Will the 

11    sponsor yield? 

12                 SENATOR SALAZAR:   Yes.

13                 ACTING PRESIDENT BAILEY:   The 

14    sponsor yields.

15                 SENATOR PALUMBO:   So again, just so 

16    I'm clear, it looks as though this bill 

17    specifically only addresses an incarcerated 

18    individual's ability to report anonymously.  

19                 And in that -- in that vein, can 

20    staff of Corrections make an anonymous report 

21    through this proposed system as well?

22                 SENATOR SALAZAR:   Through you, 

23    Mr. President, this bill applies to incarcerated 

24    individuals making a complaint.  Although for 

25    staff in correctional facilities, they can 


                                                               5147

 1    certainly continue to use the mechanisms 

 2    available to them, including even reporting to 

 3    State Police, in order to make sure that if they 

 4    are a victim of sexual assault in a facility, 

 5    that the person who victimized them is held 

 6    accountable.

 7                 SENATOR PALUMBO:   Thank you, 

 8    Senator.

 9                 On the bill, please, Mr. President.  

10                 ACTING PRESIDENT BAILEY:   Senator 

11    Palumbo on the bill.

12                 SENATOR PALUMBO:   Thank you, 

13    Mr. President.  

14                 And Senator Salazar, thank you for 

15    clarifying some of those provisions.

16                 And I am -- as indicated earlier, I 

17    will support this bill.  And of course this is 

18    something that has become quite pervasive.  And 

19    sexual assault, of course on anyone, is wrong and 

20    we need to address it and we need to address it 

21    thoroughly.  The inspector general does currently 

22    have this authority.  

23                 But notably absent from this bill is 

24    any sort of new mechanism or protocol or law or 

25    anything to address the continued violence 


                                                               5148

 1    occurring in our jails that is now at essentially 

 2    record levels against our corrections officers 

 3    and staff.

 4                 So I get it that the inmates are in 

 5    a particular position where they would have to 

 6    report through Corrections, they wouldn't have a 

 7    a way to anonymously make a complaint.  This 

 8    addresses that.

 9                 However, we have a lot more to do.  

10    The amount of violence that we have seen -- there 

11    have been numerous rallies here and contacts, I'm 

12    sure, to all our offices -- that since some 

13    legislation that this body enacted, as well as 

14    the one down the hall, like the HALT, for 

15    example, there's no discipline, there is no 

16    carrot and stick aspect to incarcerated 

17    individuals.  And unfortunately, that is creating 

18    a revolving door where someone will assault a 

19    corrections officer and just a few days later, no 

20    more than, what, I believe seven days later, 

21    they're right back in the general population 

22    doing the same thing.

23                 So this is a laudable goal.  I will 

24    vote for it.  But I think we need to remain 

25    focused on another very critical and in fact, in 


                                                               5149

 1    my opinion, more pressing issue at hand, which is 

 2    sexual violence against those individuals who 

 3    protect us, those individuals who are standing 

 4    guard 24/7 over these incarcerated individuals, 

 5    and they are suffering.  We need to do more for 

 6    them.

 7                 Thank you, Mr. President.

 8                 ACTING PRESIDENT BAILEY:   Thank 

 9    you, Senator Palumbo.

10                 Are there any other Senators wishing 

11    to be heard?

12                 Seeing and hearing none, debate is 

13    closed.

14                 Senator Serrano.

15                 SENATOR SERRANO:   Mr. President, 

16    upon consent, if we can restore this bill to the 

17    noncontroversial calendar.

18                 ACTING PRESIDENT BAILEY:   Upon 

19    consent, the bill is restored to the 

20    noncontroversial calendar.

21                 Read the last section.

22                 THE SECRETARY:   Section 3.  This 

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

24    shall have become a law.

25                 ACTING PRESIDENT BAILEY:   Call the 


                                                               5150

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT BAILEY:   Senator 

 4    Salazar to explain her vote.

 5                 SENATOR SALAZAR:   Thank you, 

 6    Mr. President.  

 7                 And thank you, Senator Palumbo, for 

 8    your support and your remarks.  

 9                 Last year we held New York's first 

10    ever legislative hearing on sexual violence in 

11    jails and prisons specifically, and survivors of 

12    sexual violence, both incarcerated individuals 

13    and corrections staff, bravely shared their 

14    experiences with the currently failing process 

15    for reporting and addressing sexual abuse in the 

16    department.  And what we found was deeply 

17    disturbing.  

18                 That despite PREA and existing laws 

19    that are supposed to protect everyone in jails 

20    and prisons from sexual violence, sexual abuse is 

21    rampant in New York's prisons.  And it persists 

22    due to a lack of accountability and a 

23    fundamentally flawed process for handling 

24    incidents of sexual misconduct at every step and 

25    every level.  


                                                               5151

 1                 When the Adult Survivors Act was 

 2    finally enacted last spring, over 750 individuals 

 3    were empowered to take legal action regarding the 

 4    sexual abuse they each experienced specifically 

 5    while they were previously incarcerated in 

 6    New York State prisons.  Currently if an 

 7    incarcerated person is the victim of sexual 

 8    assault at the hands of a staff member, their 

 9    avenue of recourse is to report the assault to 

10    the Office of Special Investigations, OSI, which 

11    is the internal body within DOCCS.  OSI is 

12    comprised of many former correction officers, and 

13    survivors have continuously brought up that they 

14    feel uncomfortable or fearful about reporting 

15    their assault at the hands of a law enforcement 

16    officer to another current or former law 

17    enforcement officer.  

18                 If they do have the courage to 

19    report it, they often cannot trust that this 

20    internal investigation process will lead to 

21    accountability.  After all, in 2019, DOCCS 

22    reported 481 complaints of sexual abuse by staff 

23    members, and only 11 -- 11 out of 481 of those 

24    complaints, that's less than 2.5 percent of those 

25    cases -- were substantiated by OSI. 


                                                               5152

 1                 This bill will authorize the Office 

 2    of the Inspector General to receive and 

 3    investigate complaints of sexual assault in any 

 4    DOCCS facility.  Additionally, it will require 

 5    that all reports that are made by incarcerated 

 6    people remain anonymous and will protect 

 7    individuals who are reporting sexual assault from 

 8    retaliation.

 9                 Mr. President, I vote aye.

10                 ACTING PRESIDENT BAILEY:   Senator 

11    Salazar to be recorded in the affirmative.

12                 Announce the results.

13                 I'm sorry.  Excuse me.  Senator 

14    Canzoneri-Fitzpatrick to explain her vote.

15                 SENATOR CANZONERI-FITZPATRICK:  

16    Thank you, Mr. President.

17                 I have to speak out.  Because as my 

18    colleague across the aisle just stated, this is a 

19    fundamentally flawed system.  We have a study 

20    that shows that there is rampant abuse in our 

21    prisons.  This bill is a start, but it doesn't go 

22    far enough, as Senator Palumbo said.  It does 

23    nothing to protect the correction officers.  It 

24    does nothing protect the staff.  

25                 I've gotten to know Christina King, 


                                                               5153

 1    from Coxsackie Correctional Facility, who has 

 2    described to me, with tears in her eyes, the 

 3    abuse she has suffered and how she is an employee 

 4    of the state and gets no protection.  And then 

 5    has to go home and be wife and mother and try to 

 6    put aside what she deals with every day.

 7                 We have to do something to protect 

 8    them.  We have to do something to change HALT 

 9    that was put in place, because these women who 

10    are our employees and our responsibility, 

11    continue to suffer.

12                 So I implore everybody in this 

13    chamber to think about what we can do to protect 

14    the women that are within our care.

15                 Thank you very much, Mr. President.  

16                 ACTING PRESIDENT BAILEY:   Senator 

17    Canzoneri-Fitzpatrick, do you vote in the 

18    negative?  

19                 SENATOR CANZONERI-FITZPATRICK:   In 

20    the affirmative.  Thank you.  

21                 ACTING PRESIDENT BAILEY:   Senator 

22    Canzoneri-Fitzpatrick in the affirmative.

23                 Announce the results.

24                 THE SECRETARY:   In relation to 

25    Calendar 1226, voting in the negative are 


                                                               5154

 1    Senators Oberacker and Walczyk.  

 2                 Ayes, 59.  Nays, 2.

 3                 ACTING PRESIDENT BAILEY:   The bill 

 4    is passed.

 5                 The Secretary will ring the bell.

 6                 The Secretary will read.

 7                 THE SECRETARY:   Calendar Number 

 8    1596, Senate Print 7441A, by Senator Thomas, an 

 9    act to amend the Legislative Law.

10                 ACTING PRESIDENT BAILEY:   Senator 

11    Martins, why do you rise?

12                 SENATOR MARTINS:   Mr. President, if 

13    the sponsor would yield for a few questions.

14                 ACTING PRESIDENT BAILEY:   Will the 

15    sponsor yield? 

16                 SENATOR THOMAS:   Yes.  Since 

17    Senator Martins asked so nicely, I will yield.

18                 ACTING PRESIDENT BAILEY:   The 

19    sponsor yields.

20                 SENATOR MARTINS:   Thank you.  Thank 

21    you.  

22                 So my understanding of this bill is 

23    that it would extend certain timelines that have 

24    some passed, and others, to allow the 

25    Legislative Commission on the Future of the 


                                                               5155

 1    Long Island Power Authority to submit a final 

 2    report to the Legislature.  Is that right?

 3                 SENATOR THOMAS:   Through you, 

 4    Mr. President, that is correct.  We needed to 

 5    basically amend the deadlines that were passed 

 6    previously, to the ones that we have put in the 

 7    bill right now.

 8                 SENATOR MARTINS:   Thank you, 

 9    Mr. President.  If the sponsor would continue to 

10    yield.

11                 ACTING PRESIDENT BAILEY:   Will the 

12    sponsor yield?  

13                 SENATOR THOMAS:   Yes.

14                 ACTING PRESIDENT BAILEY:   The 

15    sponsor yields.

16                 SENATOR MARTINS:   So the 

17    Legislative Commission on the Future of the 

18    Long Island Power Authority is charged, Senator, 

19    as I understand it, with providing a final report 

20    to the Legislature on a public power model for 

21    the Long Island Power Authority.  And that 

22    report, that final report, is required to include 

23    legislation that would implement the public power 

24    model, is that right?

25                 SENATOR THOMAS:   Through you, 


                                                               5156

 1    Mr. President, yes.

 2                 SENATOR MARTINS:   Mr. President, if 

 3    the sponsor would continue to yield.

 4                 ACTING PRESIDENT BAILEY:   Will the 

 5    sponsor yield?

 6                 SENATOR THOMAS:   Yes.

 7                 ACTING PRESIDENT BAILEY:   The 

 8    sponsor yields.

 9                 SENATOR MARTINS:   Is the commission 

10    considering any other alternative to a public 

11    power model?  Or is it just a public power model?  

12                 SENATOR THOMAS:   Through you, 

13    Mr. President.  Through the four corners of this 

14    bill we are looking at what is possible, and that 

15    is through public hearings.  And once the public 

16    hearings are done, we're going to put that final 

17    report out to the public, and from there go even 

18    further.

19                 But this is all about making sure 

20    the public weighs in on the alternatives and what 

21    will work.

22                 SENATOR MARTINS:   Thank you.  

23    Mr. President, if the sponsor would continue to 

24    yield.

25                 ACTING PRESIDENT BAILEY:   Will the 


                                                               5157

 1    sponsor yield?

 2                 SENATOR THOMAS:   Yes.

 3                 ACTING PRESIDENT BAILEY:   The 

 4    sponsor yields.  

 5                 SENATOR MARTINS:   So is there an 

 6    intention on the legislative commission's part to 

 7    continue to hold hearings through the summer?  

 8                 SENATOR THOMAS:   Through you, 

 9    Mr. President, yes.

10                 SENATOR MARTINS:   Mr. President, if 

11    the sponsor would continue to yield.

12                 ACTING PRESIDENT BAILEY:   Will the 

13    sponsor yield?

14                 SENATOR THOMAS:   Yes.

15                 ACTING PRESIDENT BAILEY:   The 

16    sponsor yields.

17                 SENATOR MARTINS:   Senator, do you 

18    have a sense of how many hearings are going to be 

19    held, what the schedule is going to be for these 

20    hearings, how many of them would be held, for 

21    example, in Nassau County or Suffolk County or 

22    those portions of Queens County that are covered 

23    by the Long Island Power Authority?

24                 SENATOR THOMAS:   Through you, 

25    Mr. President, it's to be determined right now.


                                                               5158

 1                 But before the draft report was put 

 2    out, we held a number of hearings, virtual and in 

 3    person, in every county.  So most likely we will 

 4    be doing the same going forward.

 5                 SENATOR MARTINS:   Mr. President, 

 6    through you, if the sponsor would continue to 

 7    yield.  

 8                 ACTING PRESIDENT BAILEY:   Will the 

 9    sponsor yield?

10                 SENATOR THOMAS:   Yes.

11                 ACTING PRESIDENT BAILEY:   The 

12    sponsor yields.

13                 SENATOR MARTINS:   So when we talk 

14    about a number of hearings, we're talking about 

15    four, right?  We're talking about one in 

16    Queens County, a portion of Queens County that 

17    has about 100,000 people; we're talking about one 

18    in Nassau County, a county that has 1.5 million 

19    people; we're talking about two in Suffolk 

20    County.  That's the number of hearings that were 

21    held prior to the draft report, right?

22                 SENATOR THOMAS:   Through you, 

23    Mr. President, at a minimum.  At a minimum, at 

24    least four.

25                 SENATOR MARTINS:   Well, that's -- 


                                                               5159

 1    Mr. President, through you, if the sponsor will 

 2    continue to yield.  

 3                 ACTING PRESIDENT BAILEY:   Will the 

 4    sponsor yield?  Senator Thomas, do you yield? 

 5                 SENATOR THOMAS:   Yes.

 6                 ACTING PRESIDENT BAILEY:   The 

 7    sponsor yields.

 8                 SENATOR MARTINS:   Thank you.  I'm 

 9    talking about how many we've already held.  I 

10    mean, to get to the draft report there were only 

11    four hearings, right?

12                 SENATOR THOMAS:   Yes.  Through you, 

13    Mr. President, yes.  

14                 SENATOR MARTINS:   Is there -- I'm 

15    sorry, Mr. President.  Through you, if the 

16    sponsor would continue to yield.  

17                 ACTING PRESIDENT BAILEY:   Will the 

18    sponsor yield? 

19                 The sponsor yields.

20                 SENATOR MARTINS:   Thank you.

21                 Reading the original bill that's 

22    being amended here today, it's pretty clear that 

23    there's only one path forward for the commission.  

24    They're directed to come up with a public power 

25    model for the Long Island Power Authority.  Is 


                                                               5160

 1    that your understanding as well?

 2                 SENATOR THOMAS:   Through you, 

 3    Mr. President, the bill before us is about 

 4    extending the deadlines.  And I don't want to go 

 5    into a past bill that was passed.

 6                 SENATOR MARTINS:   Mr. President, 

 7    through you, if the sponsor will continue to 

 8    yield.

 9                 ACTING PRESIDENT BAILEY:   Will the 

10    sponsor yield?

11                 SENATOR THOMAS:   Yes.

12                 ACTING PRESIDENT BAILEY:   The 

13    sponsor yields.

14                 SENATOR MARTINS:   Well, you know, I 

15    understand the reluctance to talk about the 

16    underlying bill.  But the underlying bill is 

17    still one I think that we should talk about.  

18    Because if we're going to extend it, it has to be 

19    for a certain purpose.

20                 And so I'll ask you if you would 

21    confirm for me whether or not the underlying bill 

22    passed by this house last year and the one up the 

23    hall, and signed into law as part of the 

24    State Budget last year, would require the 

25    legislative commission to come up with a report 


                                                               5161

 1    and legislation that would transfer the 

 2    Long Island Power Authority into a full public 

 3    power model and only a fully public power model.

 4                 SENATOR THOMAS:   Through you, 

 5    Mr. President.  The bill before us today is about 

 6    extending deadlines, and I don't want to talk any 

 7    further about what would happen in the hearings.

 8                 SENATOR MARTINS:   Mr. President, 

 9    through you, if the sponsor would continue to 

10    yield.

11                 ACTING PRESIDENT BAILEY:   Will the 

12    sponsor yield?

13                 SENATOR THOMAS:   Yes.

14                 ACTING PRESIDENT BAILEY:   The 

15    sponsor yields.

16                 SENATOR MARTINS:   So in the 

17    underlying bill, the one that is being amended -- 

18    and I'll read directly from it -- it says that 

19    "As amended, no later than November 30, 2023, the 

20    commission shall issue a final report to the 

21    members of the Legislature regarding the 

22    establishment of a public power model for the 

23    Long Island Power Authority.  Such report shall 

24    provide any legislation required to implement the 

25    public power model."


                                                               5162

 1                 That's a portion of this bill that's 

 2    being amended today.  Would you agree with that?  

 3                 SENATOR THOMAS:   Through you, 

 4    Mr. President, yes.

 5                 SENATOR MARTINS:   Okay.  So 

 6    Mr. President, through you, if the sponsor would 

 7    continue to yield.

 8                 ACTING PRESIDENT BAILEY:   Will the 

 9    sponsor yield? 

10                 SENATOR THOMAS:   Yes.

11                 ACTING PRESIDENT BAILEY:   The 

12    sponsor yields.

13                 SENATOR MARTINS:   November 30th.  

14    Is the Legislature -- do we have a session day 

15    scheduled for November 30th or sometime around 

16    November 30th where we expect to be in session in 

17    order to receive this report?  

18                 SENATOR THOMAS:   Through you, 

19    Mr. President, that is on the president of the 

20    Senate, who creates the calendar going forward.  

21    So, who knows?  

22                 SENATOR MARTINS:   Well, 

23    Mr. President, through you, if the sponsor would 

24    continue to yield.

25                 ACTING PRESIDENT BAILEY:   Will the 


                                                               5163

 1    sponsor yield?

 2                 SENATOR THOMAS:   Yes.

 3                 ACTING PRESIDENT BAILEY:   The 

 4    sponsor yields.

 5                 SENATOR MARTINS:   As we sit here 

 6    today, you would agree, I would hope, that this 

 7    session is due to end, on its current schedule 

 8    and calendar, sometime later this week.  And so I 

 9    hope you'd agree with me that there is nothing 

10    scheduled for this legislative session for this 

11    body, absent a specific call back from the 

12    Majority Leader, to return to this body any time 

13    after June 8th or 9th later this week.

14                 SENATOR THOMAS:   Through you, 

15    Mr. President, I cannot see the future.  And 

16    since, like you said, we have a few days left, 

17    who knows what can happen.

18                 SENATOR MARTINS:   Through you, 

19    Mr. President, if the sponsor would continue to 

20    yield.

21                 ACTING PRESIDENT BAILEY:   Will the 

22    sponsor yield?

23                 SENATOR THOMAS:   Yes.

24                 ACTING PRESIDENT BAILEY:   The 

25    sponsor yields.


                                                               5164

 1                 SENATOR MARTINS:   This legislative 

 2    commission, is it structured with chairpeople and 

 3    members?

 4                 SENATOR THOMAS:   Through you, 

 5    Mr. President, yes.

 6                 SENATOR MARTINS:   Through you, 

 7    Mr. President, if the sponsor would continue to 

 8    yield.

 9                 ACTING PRESIDENT BAILEY:   Will the 

10    sponsor yield?

11                 SENATOR THOMAS:   Yes.

12                 ACTING PRESIDENT BAILEY:   The 

13    sponsor yields.

14                 SENATOR MARTINS:   Senator, would 

15    you tell us who the chairpeople or chairpersons 

16    are of this commission?  

17                 SENATOR THOMAS:   I am one of the 

18    cochairs for the Senate.  And in the lower house, 

19    it's Assemblymember Thiele.  

20                 SENATOR MARTINS:   Through you, 

21    Mr. President, if the sponsor would continue to 

22    yield.

23                 ACTING PRESIDENT BAILEY:   Will the 

24    sponsor yield?

25                 SENATOR THOMAS:   Yes.


                                                               5165

 1                 ACTING PRESIDENT BAILEY:   The 

 2    sponsor yields.

 3                 SENATOR MARTINS:   Senator, are you 

 4    aware of any opposition to a fully public power 

 5    model for the Long Island Power Authority having 

 6    been presented by any groups, either in the state 

 7    or on Long Island, or any collective bargaining 

 8    units, unions on the island that are concerned, 

 9    that have voiced concerns about a fully public 

10    power authority?  

11                 SENATOR THOMAS:   Through you, 

12    Mr. President.  The four corners of this bill 

13    talk about amending the deadlines.  I'm not here 

14    to talk about the substance of what is going to 

15    be happening in summer.

16                 SENATOR MARTINS:   Mr. President, if 

17    the sponsor would continue to yield.

18                 ACTING PRESIDENT BAILEY:   Will the 

19    sponsor yield?

20                 SENATOR THOMAS:   Yes.

21                 ACTING PRESIDENT BAILEY:   The 

22    sponsor yields.

23                 SENATOR MARTINS:   Now, this 

24    commission was created as part of the budget in 

25    2022, if I understand it correctly.  And once 


                                                               5166

 1    constituted, has heard testimony both for and 

 2    against a public power model and for and against 

 3    a privatization of the Long Island Power 

 4    Authority during those hearings.  Isn't that 

 5    correct?

 6                 SENATOR THOMAS:   Through you, 

 7    Mr. President, again, this bill is about moving 

 8    the deadlines.  I'm not going to be talking about 

 9    the substance of the hearings.  That's for a 

10    different debate at a different time.

11                 SENATOR MARTINS:   So Mr. President, 

12    through you, if the sponsor would continue to 

13    yield.

14                 ACTING PRESIDENT BAILEY:   Will the 

15    sponsor yield?

16                 SENATOR THOMAS:   Yes.

17                 ACTING PRESIDENT BAILEY:   The 

18    sponsor yields.

19                 SENATOR MARTINS:   So if we're not 

20    going to be back, as of now, on November 30th or 

21    any time after the end of this week, can you tell 

22    us why you're proposing November 30th as the 

23    deadline for returning a report to a legislature 

24    that won't be in session as of now?

25                 SENATOR THOMAS:   Through you, 


                                                               5167

 1    Mr. President.  As you know, the Legislature and 

 2    its members work throughout the year.  It's not 

 3    just when we are in session here in Albany.  

 4                 So once the hearings are done in the 

 5    summer and the report is out, there will be more 

 6    time to think about what type of legislation will 

 7    go forward for next year.

 8                 SENATOR MARTINS:   Mr. President, on 

 9    the bill.

10                 ACTING PRESIDENT BAILEY:   Senator 

11    Martins on the bill.

12                 SENATOR MARTINS:   Thank you.

13                 And here we have it.  We'll have 

14    time to think about what kind of legislation is 

15    necessary for the Legislature to consider on a 

16    bill that amends a prior bill that specifically 

17    requires that that final report includes the very 

18    legislation that they're talking about we would 

19    have to consider.

20                 The bill requires us to be handed 

21    not only a final report, but the legislation 

22    necessary to implement only a public power model.  

23                 Even the title of the bill that we 

24    have before us today, Mr. President, it talks 

25    about the Legislative Commission on the Future of 


                                                               5168

 1    the Long Island Power Authority.  As if there is 

 2    a choice, as if somehow the public, by coming to 

 3    these hearings, is going to have a choice on 

 4    whether or not they're going to receive power 

 5    through an authority or whether or not they're 

 6    going to receive power through some other model.  

 7    Because there are other models that are more 

 8    common than not across the United States.

 9                 Our ability to ensure that we can 

10    provide cheap, effective, accountable utilities 

11    for our communities is something I don't take 

12    lightly.  The idea that we are presupposing here 

13    a model that will be imposed on over 3 million 

14    people down on Long Island -- that includes 

15    everybody in this chamber who voted in favor of a 

16    bill that would require Long Islanders to be 

17    provided energy in a certain way and not to have 

18    a choice.  That's what we're being asked to do.  

19                 And while we're amending this bill 

20    to extend time periods to November, magically -- 

21    because I have my suspicions, Mr. President, that 

22    this report, this final report is not only 

23    already prepared, but the legislation has already 

24    been drafted.  My guess.  But yeah, we're going 

25    to go through the process of holding hearings and 


                                                               5169

 1    asking people their opinion as if they have a 

 2    choice, giving the illusion of a choice that 

 3    isn't there.

 4                 Now, if you told me we were going to 

 5    hold a hearing and we were going to actually have 

 6    a debate as to whether or not the public power 

 7    model or a private model actually makes sense, 

 8    and that that's what this is, the future of the 

 9    Long Island Power Authority, great.  

10                 But that's not what this is.  So 

11    let's call it what it is.  This is an effort to 

12    move a policy forward that isn't, in my opinion, 

13    in the best interest of those people who live on 

14    Long Island, is going to result in less effective 

15    means of providing energy, higher costs for my 

16    constituents, less accountability, and more 

17    control from here, from Albany.  From here.  Not 

18    from downstate, not from Long Island, but here.  

19                 Another authority where people in 

20    Albany can tell them what to do and yet we're the 

21    ones who are left holding the bag.  My 

22    constituents are the ones who are going to end up 

23    paying for this.

24                 Now, there are people out there, 

25    Mr. President, who say, you know, we don't like 


                                                               5170

 1    private enterprise.  They have a profit motive.  

 2    Profits somehow have become bad, Mr. President.  

 3    That somehow using a public or private model, in 

 4    this case, with shareholders and accountability 

 5    and innovation and asking for transparency in 

 6    that model, that somehow that's wrong.  

 7                 Well, people should have a choice.  

 8    They should have a choice in how they proceed.  

 9    That choice was taken away.  And to sit here and 

10    say that we're not going to discuss a prior bill, 

11    when that's what this is all about -- now, I 

12    don't know why November 30th was picked as a 

13    date.  I have a suspicion.  We have elections 

14    coming up later this year.  Be great to push this 

15    issue off till after the election in November.  

16    Be great for us not to have this issue on our 

17    front burner while people are being asked to make 

18    decisions locally across the state and certainly 

19    on Long Island.  Let's push it back to the end of 

20    November.  The Legislature's not in session 

21    anyway.

22                 We'll come back in January, the 

23    report will be there, we'll have the opportunity 

24    not only to take that report, but we'll be able 

25    to take the legislation that's going to be 


                                                               5171

 1    provided -- someone will put their name on it, it 

 2    will appear on the floor.  And I hope, I hope 

 3    when we actually get to that point, that the 

 4    people in this chamber, those who represent the 

 5    island and those that don't represent the island, 

 6    will remember and keep those residents on the 

 7    island here first.  Because it's very easy for 

 8    people to vote for something when it doesn't 

 9    affect them.

10                 So Mr. President, I'm concerned.  

11    I'm concerned about decisions past and decisions 

12    current, and perhaps decisions future.  I'm 

13    concerned for what this means for the island.  

14    And the fact that the residents of Long Island do 

15    not have a choice, that this is unidirectional, 

16    should concern all of us.

17                 Mr. President, I'll be voting nay.

18                 Thank you.

19                 ACTING PRESIDENT BAILEY:   Are there 

20    any other Senators wishing to be heard?  

21                 Seeing and hearing none, debate is 

22    closed.

23                 Senator Serrano.

24                 SENATOR SERRANO:   Mr. President, 

25    upon consent, can we restore this bill to the 


                                                               5172

 1    noncontroversial calendar.

 2                 ACTING PRESIDENT BAILEY:   Upon 

 3    consent, the bill is restored to the 

 4    noncontroversial calendar.

 5                 Read the last section.

 6                 THE SECRETARY:   Section 3.  This 

 7    act shall take effect immediately.

 8                 ACTING PRESIDENT BAILEY:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT BAILEY:   Senator 

12    Thomas to explain his vote.

13                 SENATOR THOMAS:   Thank you, 

14    Mr. President.

15                 You know, we just heard a lot of 

16    ramblings from my esteemed colleague from the 

17    other side.  And it's obvious that he has not 

18    watched one hearing, has not read the draft 

19    report, has not even talked to his fellow 

20    Republican colleagues who are on the commission.  

21    Yet he wants to just yap away at something that 

22    he does not know.

23                 SENATOR MARTINS:   Mr. President --

24                 SENATOR THOMAS:   And we should --

25                 SENATOR MARTINS:   Mr. President -- 


                                                               5173

 1                 ACTING PRESIDENT BAILEY:   Senator 

 2    Martins.  Senator Martins.  Senator Martins.  We 

 3    are past the point of yielding.  Senator Thomas 

 4    is explaining -- Senator Martins.  Senator 

 5    Martins, Senator Thomas is explaining his vote.

 6                 SENATOR MARTINS:   Point of personal 

 7    privilege, Mr. President.  I heard the word 

 8    "yap."  I heard the word "rambling."  

 9    {Inaudible.}  

10                 ACTING PRESIDENT BAILEY:   Senator 

11    Martins.  Senator Martins.  

12                 Senator Thomas, continue.

13                 Senator Martins, Senator Thomas has 

14    the floor.  

15                 SENATOR THOMAS:   Thank you, 

16    Mr. President.  Again, I wish --

17                 SENATOR LANZA:   Mr. President.  

18                 ACTING PRESIDENT BAILEY:   Senator 

19    Lanza.

20                 SENATOR LANZA:   Mr. President, I 

21    would agree that since we've restored this to the 

22    calendar by unanimous consent, that the time for 

23    debate has ended.  Senator Martins, according to 

24    the rules of parliamentary procedure, he was 

25    just -- not once, not twice, but thrice times his 


                                                               5174

 1    name was mentioned, and I believe that he 

 2    has a point of personal privilege to rise and to 

 3    address what was said about him.

 4                 ACTING PRESIDENT BAILEY:   Senator 

 5    Lanza, Senator Martins may do so in explanation 

 6    of his vote, following Senator Thomas's 

 7    explanation of his vote.  

 8                 Senator Thomas, continue.

 9                 SENATOR THOMAS:   Thank you, 

10    Mr. President.

11                 Again, I wish my colleague had 

12    actually read the draft report and spoke to his 

13    colleague in the commission before what he said 

14    before the debate was ended.  

15                 But this is a bill about extending 

16    the deadline.  It's about looking at what is best 

17    for Long Island and for Queens residents that 

18    have LIPA as their service provider.  It's to 

19    make sure that we do everything possible going 

20    forward in the best interests of Long Island.  

21                 And that's why I'm voting in the 

22    affirmative here.  Thank you.

23                 ACTING PRESIDENT BAILEY:   Senator 

24    Thomas to be recorded in the affirmative.

25                 Senator Martins to explain his vote.


                                                               5175

 1                 SENATOR MARTINS:   Mr. President, 

 2    thank you.  

 3                 You know, I spent a few years in 

 4    this chamber.  And it's hard to remember a time 

 5    when we've allowed for a breakdown in decorum in 

 6    the way that has just -- 

 7                 ACTING PRESIDENT BAILEY:   Senator 

 8    Martins, I will not be admonished in the 

 9    explanation of your vote.

10                 Senator Martins, explain your vote. 

11                 SENATOR MARTINS:   I am explaining 

12    my vote, Mr. President.  I am explaining my vote.

13                 And so yes, Mr. President, I have 

14    had the opportunity not only to read the report 

15    and to follow the proceedings, because I took the 

16    time to do it.  I also had the opportunity to 

17    speak to my colleagues who sit on the commission.  

18    And I have serious concerns.  

19                 Now, if the Senator has some 

20    questions and wants me to answer them, I'll be 

21    more than happy to answer them.  But to stand up 

22    in this chamber and to make those kinds of 

23    accusations is improper.  

24                 That's why I'm voting no.  

25    Mr. President, I'm fully informed not only of the 


                                                               5176

 1    proceedings of this commission and the report 

 2    that was issued, but I've had the opportunity to 

 3    discuss it not only with members of the 

 4    commission but members of the community that have 

 5    some grave concerns about what this commission is 

 6    about to do.  And we should all have those same 

 7    grave concerns.

 8                 Mr. President, as I mentioned 

 9    earlier, I'll be voting nay.

10                 ACTING PRESIDENT BAILEY:   Senator 

11    Martins to be recorded in the negative.

12                 Senator Lanza, why do you rise?

13                 SENATOR LANZA:   To explain my vote.

14                 ACTING PRESIDENT BAILEY:   Senator 

15    Lanza to explain his vote.

16                 SENATOR LANZA:   You know, 

17    Mr. President, I find it ironic, odd, and a 

18    little out of place that -- to watch a member 

19    refuse to answer questions about hearings and 

20    about the prior bill and then accuse another 

21    member of not watching those hearings.  Which is 

22    obviously not true.  

23                 And Mr. President, on the merits, 

24    I'm voting no.

25                 ACTING PRESIDENT BAILEY:   Senator 


                                                               5177

 1    Lanza to be recorded in the negative.

 2                 Announce the results.

 3                 THE SECRETARY:   In relation to 

 4    Calendar 1596, those Senators voting in the 

 5    negative are Senators Ashby, Borrello, 

 6    Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming, 

 7    Lanza, Martins, Mattera, Murray, Oberacker, 

 8    O'Mara, Ortt, Rhoads, Rolison, Stec, Tedisco, 

 9    Walczyk, Weber and Weik.

10                 Ayes, 41.  Nays, 20.

11                 ACTING PRESIDENT BAILEY:   The bill 

12    is passed.

13                 Senator Serrano.

14                 SENATOR SERRANO:   Can we return to 

15    motions and resolutions.

16                 Let's please take up previously 

17    adopted Resolution 1126, by Senator Mannion, read 

18    that resolution title only, and call on 

19    Senator Mannion.

20                 ACTING PRESIDENT BAILEY:   The 

21    Secretary will read.

22                 THE SECRETARY:   Senate Resolution 

23    1126, by Senator Mannion, commending the 

24    100th Anniversary of Catholic Charities of the 

25    Roman Catholic Diocese of Syracuse, New York.


                                                               5178

 1                 ACTING PRESIDENT BAILEY:   Senator 

 2    Mannion on the resolution.

 3                 SENATOR MANNION:   Thank you, 

 4    Mr. President.  

 5                 I'm rising today to recognize 

 6    Catholic Charities of the Syracuse Diocese on 

 7    100 years of service to Central New York.  The 

 8    diocese covers a seven-county area, including 

 9    Onondaga and Oswego counties in the 50th Senate 

10    District.

11                 Mr. President, from the 

12    Great Depression, to the home front during 

13    World War Two, to its work today serving the less 

14    fortunate, helping resettle new Americans from 

15    all over the world, in my community, like many 

16    communities across New York State, the good folks 

17    that do this are Catholic Charities.  They're the 

18    ones that step in.  They step in for the poor.  

19    They step in for those who fall through the 

20    cracks, and for the people where the system has 

21    failed them, that the government safety net was 

22    simply not enough.

23                 It's Catholic Charities that 

24    provides the food and the housing.  It's Catholic 

25    Charities that is helping those suffering from 


                                                               5179

 1    addiction and mental illness.  It's Catholic 

 2    Charities that makes sure that the people who 

 3    come to Central New York from all over the world, 

 4    including places like Bhutan, South Sudan, the 

 5    Congo, Syria, Afghanistan, Ukraine, and 

 6    Venezuela, have access to services.

 7                 And who benefits from the charitable 

 8    work of Catholic Charities?  We all do, of 

 9    course.  But we're talking about families and our 

10    young people, seniors, people in trouble, people 

11    that require assistance.  Catholic Charities 

12    simply never says no.  They don't turn people 

13    away.  It's the people and the volunteers and the 

14    dedication to the mission that make it all work.  

15                 Over generations my own family has 

16    intersected with Catholic Charities in different 

17    ways, as our circumstances over time and through 

18    generations have changed.  My grandfather lived 

19    in a Catholic Charities senior housing on 

20    Onondaga Boulevard.  Later, my wife's mother, my 

21    mother-in-law, worked with local individuals who 

22    lost their parents, that were needing tutoring, 

23    and providing childcare within Catholic 

24    Charities.  

25                 Now this grandson and son-in-law is 


                                                               5180

 1    a State Senator who supports the work of 

 2    Catholic Charities through the budget, through 

 3    the legislative process, and through this 

 4    resolution that honors them on their 100 years of 

 5    service.

 6                 Mr. President, I extend my thanks 

 7    and gratitude to Bishop Lucia and CEO Michael 

 8    Melara.  I proudly vote aye.

 9                 Thank you, Mr. President.

10                 ACTING PRESIDENT BAILEY:   The 

11    resolution was previously adopted on May 31st.

12                 Senator Serrano.

13                 SENATOR SERRANO:   Thank you, 

14    Mr. President.  

15                 Can we please take up previously 

16    adopted Resolution 1281, by Senator Mannion, read 

17    that resolution title only, and call on 

18    Senator Mannion.

19                 ACTING PRESIDENT BAILEY:   The 

20    Secretary will read.

21                 THE SECRETARY:   Senate Resolution 

22    1281, by Senator Mannion, commemorating the 

23    50th Anniversary of St. Sophia's Greek Cultural 

24    Festival.  

25                 ACTING PRESIDENT BAILEY:   Senator 


                                                               5181

 1    Mannion on the resolution.

 2                 SENATOR MANNION:   Thank you, 

 3    Mr. President.  

 4                 I rise to recognize the 

 5    50th anniversary of St. Sophia's Greek Festival.  

 6    St. Sophia's Church in DeWitt is where many 

 7    Greek Orthodox neighbors go to worship, and the 

 8    festival is where we all go to enjoy Greek 

 9    culture.  

10                 St. Sophia's Festival is one of the 

11    cultural pillars of the 50th Senate District and 

12    one that speaks to Central New York's diverse 

13    population, customs and traditions.  This 

14    festival is a showcase of delicious food, live 

15    dancing and music, and also a marketplace where 

16    you can find Greek clothing, jewelry, books and 

17    other items.  

18                 And of course no festival this big 

19    and this important can happen without our 

20    hardworking volunteers, sponsors and supporters.  

21    I'd like to thank everyone who has made this such 

22    a magnificent event over the course of 50 years.

23                 New Yorkers of Greek ancestry are 

24    part of the fabric of our state, part of the 

25    fabric of Central New York, and we are all better 


                                                               5182

 1    because of it.

 2                 I look forward to once again 

 3    enjoying the eating, drinking and festivities at 

 4    St. Sophia's Festival this year and many years 

 5    into the future, as it is our unofficial rite of 

 6    spring in Central New York.

 7                 I proudly vote aye.

 8                 Thank you, Mr. President.

 9                 ACTING PRESIDENT BAILEY:   The 

10    resolution was previously adopted on May 31st.

11                 Senator Serrano.

12                 SENATOR SERRANO:   Thank you.  

13                 At the request of the sponsor, the 

14    resolutions are open for cosponsorship.

15                 ACTING PRESIDENT BAILEY:   The 

16    resolutions are open for cosponsorship.  Should 

17    you choose not to be a cosponsor, notify the 

18    desk.

19                 SENATOR SERRANO:   Thank you.  

20                 Is there any further business at the 

21    desk?

22                 ACTING PRESIDENT BAILEY:   There is 

23    no further business at the desk.

24                 SENATOR SERRANO:   I move to adjourn 

25    until Tuesday, June 6th, at 2:00 p.m.


                                                               5183

 1                 ACTING PRESIDENT BAILEY:   On 

 2    motion, the Senate stands adjourned until 

 3    Tuesday, June 6, at 2:00 p.m.

 4                 (Whereupon, at 5:44 p.m., the Senate 

 5    adjourned.)

 6

 7

 8

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25