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