Regular Session - June 5, 2025
4528
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 June 5, 2025
11 3:50 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR JEREMY COONEY, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
20
21
22
23
24
25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT COONEY: The
3 Senate will come to order.
4 I ask everyone to please rise and
5 recite the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT COONEY: In the
9 absence of clergy, let us bow our heads in a
10 moment of silent reflection or prayer.
11 (Whereupon, the assemblage respected
12 a moment of silence.)
13 ACTING PRESIDENT COONEY: Reading
14 of the Journal.
15 THE SECRETARY: In Senate,
16 Wednesday, June 4, 2025, the Senate met pursuant
17 to adjournment. The Journal of Tuesday, June 3,
18 2025, was read and approved. On motion, the
19 Senate adjourned.
20 ACTING PRESIDENT COONEY: Without
21 objection, the Journal stands approved as read.
22 Presentation of petitions.
23 Messages from the Assembly.
24 The Secretary will read.
25 THE SECRETARY: Senator Stavisky
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1 moves to discharge, from the Committee on
2 Higher Education, Assembly Bill Number 5448B and
3 substitute it for the identical Senate Bill
4 4559B, Third Reading Calendar 456.
5 Senator Baskin moves to discharge,
6 from the Committee on Health, Assembly Bill
7 Number 7617 and substitute it for the identical
8 Senate Bill 7151A, Third Reading Calendar 897.
9 Senator Webb moves to discharge,
10 from the Committee on Higher Education,
11 Assembly Bill Number 7561 and substitute it for
12 the identical Senate Bill 7220, Third Reading
13 Calendar 908.
14 Senator Gonzalez moves to discharge,
15 from the Committee on Elections, Assembly Bill
16 Number 1223 and substitute it for the identical
17 Senate Bill 6996, Third Reading Calendar 963.
18 Senator Tedisco moves to discharge,
19 from the Committee on Housing, Construction and
20 Community Development, Assembly Bill Number 7653
21 and substitute it for the identical Senate Bill
22 5675, Third Reading Calendar 980.
23 Senator Baskin moves to discharge,
24 from the Committee on Consumer Protection,
25 Assembly Bill Number 1797 and substitute it for
4531
1 the identical Senate Bill 6723, Third Reading
2 Calendar 1131.
3 Senator Krueger moves to discharge,
4 from the Committee on Banks, Assembly Bill
5 Number 5345 and substitute it for the identical
6 Senate Bill 4323, Third Reading Calendar 1171.
7 Senator Gianaris moves to discharge,
8 from the Committee on Corporations, Authorities
9 and Commissions, Assembly Bill Number 7892 and
10 substitute it for the identical Senate Bill 6991,
11 Third Reading Calendar 1187.
12 Senator Fahy moves to discharge,
13 from the Committee on Rules, Assembly Bill
14 Number 7560A and substitute it for the identical
15 Senate Bill 7793, Third Reading Calendar 1292.
16 Senator Palumbo moves to discharge,
17 from the Committee on Investigations and
18 Government Operations, Assembly Bill Number 5295
19 and substitute it for the identical Senate
20 Bill 3308, Third Reading Calendar 1436.
21 Senator Comrie moves to discharge,
22 from the Committee on Transportation,
23 Assembly Bill Number 34 and substitute it for the
24 identical Senate Bill 31, Third Reading Calendar
25 1455.
4532
1 Senator Brouk moves to discharge,
2 from the Committee on Children and Families,
3 Assembly Bill Number 4003 and substitute it for
4 the identical Senate Bill 4929, Third Reading
5 Calendar 1488.
6 Senator Weber moves to discharge,
7 from the Committee on Rules, Assembly Bill
8 Number 4391 and substitute it for the identical
9 Senate Bill 5220, Third Reading Calendar 1489.
10 Senator Comrie moves to discharge,
11 from the Committee on Rules, Assembly Bill
12 Number 4712 and substitute it for the identical
13 Senate Bill 2460, Third Reading Calendar 1526.
14 Senator Hinchey moves to discharge,
15 from the Committee on Energy and
16 Telecommunications, Assembly Bill Number 2736A
17 and substitute it for the identical Senate Bill
18 8213, Third Reading Calendar 1575.
19 Senator Gianaris moves to discharge,
20 from the Committee on Rules, Assembly Bill
21 Number 3516 and substitute it for the identical
22 Senate Bill 416, Third Reading Calendar 1460.
23 ACTING PRESIDENT COONEY: So
24 ordered.
25 Messages from the Governor.
4533
1 Reports of standing committees.
2 Reports of select committees.
3 Communications and reports from
4 state officers.
5 Motions and resolutions.
6 Senator Gianaris.
7 SENATOR GIANARIS: Good afternoon,
8 Mr. President.
9 I wish to call up the following
10 bills, which were recalled from the Assembly and
11 are now at the desk: Senate Print Numbers 1202,
12 5397, and 1104.
13 ACTING PRESIDENT COONEY: The
14 Secretary will read.
15 THE SECRETARY: Calendar Number
16 195, Senate Print 1202, by Senator Cleare, an act
17 to amend the Elder Law;
18 Calendar Number 478, Senate Print
19 5397, by Senator Scarcella-Spanton, an act to
20 amend the Veterans' Services Law;
21 Calendar Number 316, Senate Print
22 1104, by Senator Cooney, an act to amend the
23 General Business Law.
24 SENATOR GIANARIS: Move to
25 reconsider the vote by which these bills were
4534
1 passed.
2 ACTING PRESIDENT COONEY: The
3 Secretary will call the roll on reconsideration.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 50.
6 ACTING PRESIDENT COONEY: The bills
7 are restored to their place on the Third Reading
8 Calendar.
9 SENATOR GIANARIS: I offer the
10 following amendments.
11 ACTING PRESIDENT COONEY: The
12 amendments are received.
13 SENATOR GIANARIS: Amendments are
14 also offered to the following Third Reading
15 Calendar bills:
16 By Senator Skoufis, page 71,
17 Calendar Number 1450, Senate Print 6441;
18 Senator Serrano, page 75,
19 Calendar Number 1522, Senate Print 1378;
20 Senator Sepúlveda, page 26,
21 Calendar Number 893, Senate Print 5294A;
22 Senator Sanders, page 50,
23 Calendar Number 1236, Senate Print 6952;
24 Senator Hoylman-Sigal, page 26,
25 Calendar Number 892, Senate Print 5196;
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1 Senator Serrano, page 81,
2 Calendar Number 1573, Senate Print 8206;
3 And Senator Addabbo, page 58,
4 Calendar Number 1328, Senate Print 2612.
5 ACTING PRESIDENT COONEY: The
6 amendments are received, and the bills will
7 retain their place on the Third Reading Calendar.
8 SENATOR GIANARIS: Please take up
9 previously adopted Resolution 1016, read its
10 title, and recognize Senator Hinchey on the
11 resolution.
12 ACTING PRESIDENT COONEY: The
13 Secretary will read.
14 THE SECRETARY: Resolution 1016, by
15 Senator Hinchey, memorializing Governor
16 Kathy Hochul to proclaim June 2025 as Dairy Month
17 in the State of New York.
18 ACTING PRESIDENT COONEY: Senator
19 Hinchey on the resolution.
20 SENATOR HINCHEY: Thank you,
21 Mr. President.
22 Happy Dairy Day in New York!
23 New York's dairy story is more than
24 milk, it's history, innovation and generational
25 hard work. It all started over 400 years ago in
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1 the Hudson River Valley, which was and still is a
2 haven for grazing cows, which flourished in the
3 region. By the early 1800s, dairy farming had
4 expanded into places like the Finger Lakes, the
5 Mohawk Valley, and Central New York, turning
6 dairy into a statewide enterprise.
7 In 1878, the first glass milk jar
8 was patented in New York City. By the following
9 year, bottled milk began showing up in places
10 like Orange County, a small innovation that
11 revolutionized the way people accessed fresh
12 local milk.
13 Fast forward to today, New York
14 ranks fifth in the nation for milk production,
15 and we're number one in yogurt, sour cream and,
16 yes, cottage cheese -- long before it went viral
17 on TikTok.
18 New York dairy contributes nearly
19 $4 billion to our state's economy every year, and
20 over 94 percent of our dairy farms are
21 family-owned, often run by the same family for
22 generations.
23 Today there are a little under
24 3,000 dairy farms in New York, a number that's
25 declined dramatically over the years due to a
4537
1 number of factors, especially being an industry
2 where farmers don't get to set their own prices.
3 It's a tough business that no one gets into to
4 get rich. They do it because they love it, and
5 here in New York we are committed to keeping
6 dairy strong.
7 So today we say thank you to every
8 dairy farmer, every farming family, and every
9 processor in New York. And a special shout-out
10 to those in my district, including Upland Farms
11 in Millbrook, which just received funding through
12 the Dairy Modernization Grant Program that we
13 advanced in the budget, and Hudson Valley Fresh,
14 a dairy cooperative owned by eight Hudson Valley
15 farmers who stock our local schools and even
16 West Point with dairy, and of course Ronnybrook,
17 which is one of everyone's favorites when they
18 see it in the stores.
19 And, yes, for the record, yogurt is
20 New York's official state snack and milk is our
21 state beverage.
22 We are proud to have Dairy Day in
23 the State of New York. Happy Dairy Day,
24 everyone.
25 Thank you, Mr. President.
4538
1 ACTING PRESIDENT COONEY: Thank
2 you, Senator Hinchey.
3 Senator Borrello on the resolution.
4 SENATOR BORRELLO: Holy cow, it's
5 Dairy Day!
6 (Laughter.)
7 SENATOR BORRELLO: You missed that
8 one (to Senator Hinchey).
9 I want to say how proud I am to
10 represent the number-one dairy county in New York
11 State, Wyoming County. More cows than people,
12 and they're proud of that.
13 There are thousands upon thousands
14 of dairy farms across New York State. We are
15 number one in the country when it comes to things
16 like yogurt. We are a strong dairy state here in
17 New York, and getting stronger -- thank goodness.
18 We're very proud in my district to
19 now have a state of the art -- the largest
20 state-of-the-art cheese-making facility in the
21 country at Great Lakes Cheese in Farmersville, an
22 amazing accomplishment.
23 And not only are there thousands
24 upon thousands of workers, between the plant
25 itself and the farms and the cooperatives, but
4539
1 there are 60,000 cows in New York State that
2 every single day, seven days a week, supply milk
3 for the cheese-making at Great Lakes Cheese.
4 And the list goes on and on.
5 We are a proud, proud agricultural
6 state. It's the number-one industry, and dairy
7 is the number-one agribusiness here in New York
8 State.
9 Happy Dairy Day, Mr. President.
10 Thank you.
11 ACTING PRESIDENT COONEY: Thank
12 you, Senator Borrello.
13 Senator May on the resolution.
14 SENATOR MAY: Thank you,
15 Mr. President.
16 I am going to dispute my esteemed
17 colleague across the aisle because I have the
18 honor to represent Cayuga County, which is the
19 number-one dairy-producing county in the state
20 and number 27 in the country, actually.
21 Cayuga County is known for its
22 beautiful landscapes and its fertile land, and a
23 long tradition of dairy farming. We're home to
24 280 dairy farms and producing about $320 million
25 in dairy revenue every year.
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1 I'd like to shout out a few
2 particular businesses that do amazing work.
3 There is the Cayuga Milk Ingredients, which
4 brings together a number of farms to produce some
5 of the highest-quality powdered milk, protein
6 powders, and shelf-stable fluid milks. Their
7 reputation is so -- for such high quality that
8 their motto is "Turning milk into magic."
9 There are two dairy farms I also
10 would like to shout out:
11 Spruce Haven Farm, which is a leader
12 in the sustainable treatment of cow manure.
13 They're working on a biochar pilot project that
14 will turn cow manure solids into a soil amendment
15 that is incredibly valuable and does not have the
16 problems of runoff into the water that cow manure
17 sometimes has.
18 And Sunnyside Farms, that was
19 selected in 2024 for the New York AEM-Leopold
20 Conservation Award, recognizing them for their
21 approach to soil health, water quality, and
22 wildlife habitat on working land. Their
23 longstanding participation with the Cayuga county
24 Soil and Water Conservation District is a
25 testament to their commitment to being good
4541
1 stewards of the land and of their animals.
2 We're very proud of the dairy farms
3 in our district and welcome people to come visit
4 beautiful Cayuga County.
5 Thank you.
6 ACTING PRESIDENT COONEY: Thank
7 you, Senator May.
8 Senator Tedisco on the resolution.
9 SENATOR TEDISCO: Yes. I, like all
10 of you, probably, got down to the Concourse and I
11 enjoyed very much Dairy Day. I had some
12 wonderful ice cream from a staple in my district,
13 Stewart's Shops' ice cream. I had some wonderful
14 yogurt.
15 And I always like to say, say it in
16 many instances, all good things emanate from the
17 44th Senatorial District, which is Saratoga and
18 Schenectady counties.
19 Very proud of our farmers, the
20 agriculture, the dairy products. And we have to
21 help them continue to mooooove on and grow --
22 (Laughter.)
23 SENATOR TEDISCO: -- and even be
24 more productive.
25 And we're proud of our farmers,
4542
1 we're proud of the work they do in our districts.
2 And thank you, Mr. President.
3 ACTING PRESIDENT COONEY: Thank
4 you, Senator Tedisco.
5 Okay. The resolution was adopted on
6 May 20th.
7 Senator Gianaris.
8 SENATOR GIANARIS: Mr. President,
9 let's mooooove on --
10 (Laughter.)
11 SENATOR GIANARIS: -- to the next
12 bill, previously adopted Resolution 1066, by
13 Senator Myrie, read its title and recognize
14 Senator Myrie.
15 ACTING PRESIDENT COONEY: The
16 Secretary will read.
17 THE SECRETARY: Resolution 1066, by
18 Senator Myrie, memorializing Governor
19 Kathy Hochul to proclaim October 9, 2025, as
20 Sneakers Day in the State of New York.
21 ACTING PRESIDENT COONEY: Senator
22 Myrie on the resolution.
23 SENATOR MYRIE: Thank you,
24 Mr. President.
25 And thank you to our Majority Leader
4543
1 for continuing our tradition.
2 Happy Sneaker Day to all who
3 celebrate and observe.
4 This is an exciting day in the
5 State Legislature and throughout the state
6 because sneakers tell a story. And no matter
7 what you look like, where you come from, what
8 language you speak, you can tell a story with
9 what you've got on your feet.
10 For some people that is their
11 wedding story about the sneakers they changed
12 into for the reception. For other people it's
13 about representation, about where you come from,
14 about seeing someone that you may not expect to
15 be wearing sneakers to be wearing those sneakers
16 into the Senate chamber. For others, it's just
17 about comfort and what's going to make life
18 easier for them.
19 But no matter what your story is, I
20 am really proud that we get to celebrate that in
21 these hallowed chambers, that we get to put our
22 bipartisan disagreements aside and celebrate what
23 is great about sneaker culture.
24 So thank you all for indulging us
25 for doing this every single year, and
4544
1 Happy Sneaker Day to all.
2 Thank you.
3 ACTING PRESIDENT COONEY: Thank
4 you, Senator Myrie.
5 Senator Bailey on the resolution.
6 SENATOR BAILEY: Thank you,
7 Mr. President.
8 Indeed, it is a Happy Sneaker Day.
9 It is always a happy day, but Sneaker Day makes
10 it that much better.
11 Thanks to Senator Myrie and our
12 leader for being forward-thinking enough that
13 thinking a day like this isn't tomfoolery, as
14 they say. It's a day to unify people. It is a
15 day that we get to express ourselves.
16 We have the ability to express
17 ourselves through lyric, through song, through
18 words, and also through soul -- not just the soul
19 of who we are, but the soles of our shoes. And
20 sometimes the shoes that we wear -- speaking of
21 the shoes that I wear, they are the Seoul,
22 S-E-O-U-L, Nike edition, right?
23 (Laughter.)
24 SENATOR BAILEY: But to continue
25 the word play about the word "soul," you know,
4545
1 sneakers mean a lot to everybody. Or they
2 should. Maybe they don't, but they should. And
3 here's the reason why.
4 In addition to providing comfort and
5 orthotic care and things like that, they do
6 something that allows you to communicate
7 nonverbally. When a sneakerhead sees another
8 sneakerhead and the nod is in effect, you know
9 exactly what they're nodding at. They're nodding
10 in assent with you -- not commenting, but they
11 see you, and you're seen.
12 And this is something that
13 transcends race, political party, gender. It is
14 truly a unifying moment in this chamber.
15 And I was trying to think about,
16 like, why do sneakers mean so much to me. Right?
17 And I thought about it, and I thought about
18 something that I actually said in my church last
19 year as a metaphor for life about wearing your
20 sneakers. Sometimes like we'll buy a pair of
21 sneakers and we don't want to wear it because
22 we're worried about them getting too dirty or
23 getting creased or getting smudged or somebody's
24 going to step on them. And if we let that pair
25 of sneakers stay in the box and we never wear
4546
1 them, all of us real sneakerheads know those are
2 going to rot out.
3 If you don't wear your sneakers,
4 they're going to rot out. If you don't take
5 advantage of what life has to offer you, you will
6 let it pass you by, as the great, you know,
7 legend Ferris Bueller once said.
8 (Laughter.)
9 SENATOR BAILEY: Not Napoleon
10 Dynamite, Senator Borrello. We can have a
11 conversation about that one day.
12 But on a day that we wear sneakers,
13 I encourage people to wear your sneakers
14 literally and figuratively. Don't let them sit
15 on the shelf. Because you may not be able to
16 wear them, they may rot out, you may lose them.
17 And do what makes you happy: Wear your sneakers,
18 wear them proudly. I sure do, and I'm grateful
19 that you do too.
20 Thank you, Mr. President. I vote
21 aye.
22 ACTING PRESIDENT COONEY: Thank
23 you, Senator Bailey.
24 The resolution was adopted on
25 May 28th.
4547
1 Senator Gianaris.
2 SENATOR GIANARIS: Mr. President,
3 the sponsors of the two resolutions we took up
4 would like to open them for cosponsorship.
5 ACTING PRESIDENT COONEY: The
6 resolutions are open for cosponsorship. Should
7 you choose not to be a cosponsor, please notify
8 the desk.
9 Senator Gianaris.
10 SENATOR GIANARIS: I move to adopt
11 the remainder of the Resolution Calendar.
12 ACTING PRESIDENT COONEY: All those
13 in favor of adopting the Resolution Calendar,
14 please signify by saying aye.
15 (Response of "Aye.")
16 ACTING PRESIDENT COONEY: Opposed,
17 nay.
18 (No response.)
19 ACTING PRESIDENT COONEY: The
20 Resolution Calendar is adopted.
21 Senator Gianaris.
22 SENATOR GIANARIS: Let's take up
23 the calendar, please.
24 ACTING PRESIDENT COONEY: The
25 Secretary will read.
4548
1 THE SECRETARY: Calendar Number
2 338, Senate Print 2462A, by Senator Gianaris, an
3 act to amend the Public Authorities Law.
4 SENATOR GIANARIS: Lay it aside for
5 the day.
6 ACTING PRESIDENT COONEY: The bill
7 will be laid aside for the day.
8 THE SECRETARY: Calendar Number
9 456, Assembly Bill Number 5448B, by
10 Assemblymember Rozic, an act to amend the
11 Education Law.
12 SENATOR LANZA: Lay it aside.
13 ACTING PRESIDENT COONEY: The bill
14 will be laid aside.
15 THE SECRETARY: Calendar Number
16 651, Senate Print 5989A, by Senator Bynoe, an act
17 to amend the Education Law.
18 ACTING PRESIDENT COONEY: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect on the 120th day after it
22 shall have become a law.
23 ACTING PRESIDENT COONEY: Call the
24 roll.
25 (The Secretary called the roll.)
4549
1 ACTING PRESIDENT COONEY: Announce
2 the results.
3 THE SECRETARY: In relation to
4 Calendar Number 651, voting in the negative:
5 Senator Walczyk.
6 Ayes, 59. Nays, 1.
7 ACTING PRESIDENT COONEY: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 708, Senate Print 5553B, by Senator Comrie, an
11 act to amend the Public Service Law.
12 ACTING PRESIDENT COONEY: Read the
13 last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect on the 60th day after it
16 shall have become a law.
17 ACTING PRESIDENT COONEY: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT COONEY: Announce
21 the results.
22 THE SECRETARY: Ayes, 60.
23 ACTING PRESIDENT COONEY: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
4550
1 711, Senate Print 7165A, by Senator Hinchey,
2 an act to amend the Public Service Law.
3 SENATOR LANZA: Lay it aside.
4 ACTING PRESIDENT COONEY: The bill
5 will be laid aside.
6 THE SECRETARY: Calendar Number
7 771, Senate Print 7532, by Senator Harckham, an
8 act to amend the Environmental Conservation Law.
9 ACTING PRESIDENT COONEY: Read the
10 last section.
11 THE SECRETARY: Section 4. This
12 act shall take effect on the 90th day after it
13 shall have become a law.
14 ACTING PRESIDENT COONEY: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT COONEY: Announce
18 the results.
19 THE SECRETARY: In relation to
20 Calendar 771, voting in the negative are
21 Senators Borrello, Chan, Lanza, O'Mara, Ortt,
22 Rhoads, Walczyk and Weik.
23 Ayes, 52. Nays, 8.
24 ACTING PRESIDENT COONEY: The bill
25 is passed.
4551
1 THE SECRETARY: Calendar Number
2 776, Senate Print Number 7416A, by
3 Senator Hoylman-Sigal, an act to amend the
4 Estates, Powers and Trusts Law.
5 ACTING PRESIDENT COONEY: Read the
6 last section.
7 THE SECRETARY: Section 5. This
8 act shall take effect on the 545th day after it
9 shall have become a law.
10 ACTING PRESIDENT COONEY: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT COONEY: Announce
14 the results.
15 THE SECRETARY: In relation to
16 Calendar 776, voting in the negative are
17 Senators Ashby, Borrello, Canzoneri-Fitzpatrick,
18 Chan, Gallivan, Griffo, Helming, Lanza, Martins,
19 Mattera, Murray, O'Mara, Ortt, Palumbo, Rhoads,
20 Rolison, Stec, Tedisco, Walczyk, Weber and Weik.
21 Ayes, 39. Nays, 21.
22 ACTING PRESIDENT COONEY: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 879, Senate Print 7525A, by Senator Fahy, an act
4552
1 to amend Chapter 405 of the Laws of 2005.
2 ACTING PRESIDENT COONEY: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT COONEY: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT COONEY: Announce
10 the results.
11 THE SECRETARY: In relation to
12 Calendar 879, voting in the negative are
13 Senators Canzoneri-Fitzpatrick, Harckham, Lanza,
14 Martinez, C. Ryan, Scarcella-Spanton, Skoufis and
15 Weik.
16 Ayes, 52. Nays, 8.
17 ACTING PRESIDENT COONEY: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 897, Assembly Bill Number 7617, by
21 Assemblymember Peoples-Stokes, an act to amend
22 the Public Health Law.
23 ACTING PRESIDENT COONEY: Read the
24 last section.
25 THE SECRETARY: Section 2. This
4553
1 act shall take effect immediately.
2 ACTING PRESIDENT COONEY: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT COONEY: Senator
6 Weber to explain his vote.
7 SENATOR WEBER: Thank you,
8 Mr. President.
9 I would like to thank the sponsor,
10 Senator Baskin, for bringing this very important
11 piece of legislation to the floor today.
12 You know, organ donors are in --
13 organ recipients are in so much need and this
14 barrier will be eliminated and they can get on
15 multiple lists.
16 You know, a couple of years ago I
17 had Roxanne Watson here. Roxanne Watson at the
18 time had signed up nearly 13,000 organ donors. I
19 believe she's up to 14,000 organ donors now. And
20 she just got her second heart transplant I
21 believe last week.
22 So we're praying for her, and I
23 proudly vote aye on this bill.
24 Thank you.
25 ACTING PRESIDENT COONEY: Senator
4554
1 Weber to be recorded in the affirmative.
2 Announce the results.
3 THE SECRETARY: Ayes, 60.
4 ACTING PRESIDENT COONEY: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 903, Senate Print 6705, by Senator Stavisky, an
8 act to amend the Education Law.
9 ACTING PRESIDENT COONEY: Read the
10 last section.
11 THE SECRETARY: Section 5. This
12 act shall take effect on the 90th day after it
13 shall have become a law.
14 ACTING PRESIDENT COONEY: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT COONEY: Announce
18 the results.
19 THE SECRETARY: Ayes, 60.
20 ACTING PRESIDENT COONEY: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 908, Assembly Bill Number 7561, by
24 Assemblymember Lupardo, an act to amend the
25 Education Law.
4555
1 ACTING PRESIDENT COONEY: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect 18 months after it shall
5 have become a law.
6 ACTING PRESIDENT COONEY: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT COONEY: Announce
10 the results.
11 THE SECRETARY: Ayes, 60.
12 ACTING PRESIDENT COONEY: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 961, Senate Print 6799, by Senator Jackson, an
16 act to amend the Election Law.
17 ACTING PRESIDENT COONEY: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT COONEY: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT COONEY: Announce
25 the results.
4556
1 THE SECRETARY: In relation to
2 Calendar 961, voting in the negative are
3 Senators Ashby, Borrello, Canzoneri-Fitzpatrick,
4 Chan, Gallivan, Griffo, Helming, Lanza, Martinez,
5 Martins, Mattera, Murray, O'Mara, Ortt, Palumbo,
6 Rhoads, Rolison, Skoufis, Stec, Tedisco, Walczyk,
7 Weber and Weik.
8 Ayes, 37. Nays, 23.
9 ACTING PRESIDENT COONEY: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 963, Assembly Bill 1223, by Assemblymember Bores,
13 an act to amend the Election Law.
14 ACTING PRESIDENT COONEY: Read the
15 last section.
16 THE SECRETARY: Section 3. This
17 act shall take effect January 1, 2026.
18 ACTING PRESIDENT COONEY: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT COONEY: Senator
22 Gonzalez to explain her vote.
23 SENATOR GONZALEZ: Thank you,
24 Mr. President.
25 As chair of the Elections Committee,
4557
1 I'm proud to carry this bill to ensure that
2 Jewish candidates, Board of Elections workers and
3 campaign staff who wish to observe the first day
4 of Passover have equal access for a democratic
5 process and don't have to sacrifice their beliefs
6 and traditions.
7 When we make our systems and
8 elections processes more inclusive, we strengthen
9 our democracy. I represent a district with a
10 vibrant Jewish community, and that's why I am
11 proud to carry this bill. We want to make sure
12 that everyone is able to celebrate without
13 interruptions.
14 So again, I want to thank leadership
15 and thank my colleagues for supporting this bill.
16 Thank you to the Majority Leader, of course, and
17 to the advocates, including the New York Jewish
18 Agenda, JFREJ, and the Agudath Israel of America
19 for your advocacy on behalf of our constituents.
20 With that, I proudly vote aye.
21 Thank you.
22 ACTING PRESIDENT COONEY: Senator
23 Gonzalez to be recorded in the affirmative.
24 Announce the results.
25 THE SECRETARY: Ayes, 60.
4558
1 ACTING PRESIDENT COONEY: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 980, Assembly Bill Number 7653, by
5 Assemblymember Santabarbara, an act to amend the
6 Real Property Actions and Proceedings Law.
7 ACTING PRESIDENT COONEY: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the 90th day after it
11 shall have become a law.
12 ACTING PRESIDENT COONEY: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT COONEY: Announce
16 the results.
17 THE SECRETARY: In relation to
18 Calendar 980, voting in the negative:
19 Senator Helming.
20 Ayes, 59. Nays, 1.
21 ACTING PRESIDENT COONEY: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 992, Senate Print 6128, by Senator Hoylman-Sigal,
25 an act to amend the Civil Practice Law and Rules.
4559
1 ACTING PRESIDENT COONEY: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT COONEY: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT COONEY: Senator
9 Rhoads to explain his vote.
10 SENATOR RHOADS: Thank you,
11 Mr. President.
12 The vague wording of the bill,
13 particularly subsection B of the bill, may
14 present a dangerous intrusion into the materials
15 that are used for attorneys to be able to prep
16 their witnesses for trial.
17 The disclosure of such material may
18 actually wind up violating attorney-client
19 privilege. And I would hope that if this bill --
20 I would hope that the sponsor of the bill would
21 revisit and address these concerns in a future
22 session should this become law. If it does not
23 become law, I would hope that they would be
24 addressed before the bill is presented again to
25 the floor for a vote.
4560
1 I would encourage -- I am voting no.
2 I would encourage my colleagues to do the same
3 and take a second look at the language here,
4 because it will be problematic.
5 ACTING PRESIDENT COONEY: Senator
6 Rhoads to be recorded in the negative.
7 Announce the results.
8 THE SECRETARY: In relation to
9 Calendar 992, voting in the negative are
10 Senators Borrello, Canzoneri-Fitzpatrick, Chan,
11 Gallivan, Griffo, Helming, Lanza, Martins,
12 Mattera, O'Mara, Ortt, Rhoads, Rolison, Stec,
13 Tedisco, Walczyk, Weber and Weik.
14 Ayes, 42. Nays, 18.
15 ACTING PRESIDENT COONEY: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 993, Senate Print Number 7279, by
19 Senator Scarcella-Spanton, an act to amend the
20 Surrogate's Court Procedure Act.
21 ACTING PRESIDENT COONEY: Read the
22 last section.
23 THE SECRETARY: Section 3. This
24 act shall take effect immediately.
25 ACTING PRESIDENT COONEY: Call the
4561
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT COONEY: Announce
4 the results.
5 THE SECRETARY: In relation to
6 Calendar 993, voting in the negative are
7 Senators Borrello, Canzoneri-Fitzpatrick, Chan,
8 Gallivan, Griffo, Helming, Lanza, Martinez,
9 Martins, Mattera, Murray, O'Mara, Ortt, Rhoads,
10 Rolison, Stec, Tedisco, Walczyk, Weber and Weik.
11 Ayes, 40. Nays, 20.
12 ACTING PRESIDENT COONEY: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1019, Senate Print 7486A, by Senator Mayer, an
16 act to amend Chapter 405 of the Laws of 2011.
17 ACTING PRESIDENT COONEY: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT COONEY: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT COONEY: Announce
25 the results.
4562
1 THE SECRETARY: Ayes, 60.
2 ACTING PRESIDENT COONEY: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1029, Senate Print 7681, by Senator Comrie, an
6 act to amend the Public Authorities Law.
7 ACTING PRESIDENT COONEY: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT COONEY: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT COONEY: Announce
15 the results.
16 THE SECRETARY: Ayes, 60.
17 ACTING PRESIDENT COONEY: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1057, Senate Print 7718, by Senator Harckham, an
21 act to amend the Environmental Conservation Law.
22 ACTING PRESIDENT COONEY: Read the
23 last section.
24 THE SECRETARY: Section 5. This
25 act shall take effect on the 180th day after it
4563
1 shall have become a law.
2 ACTING PRESIDENT COONEY: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT COONEY: Announce
6 the results.
7 THE SECRETARY: In relation to
8 Calendar 1057, voting in the negative are
9 Senators Griffo and Gallivan.
10 Ayes, 58. Nays, 2.
11 ACTING PRESIDENT COONEY: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1075, Senate Print 7200B, by Senator C. Ryan, an
15 act to amend the Vehicle and Traffic Law.
16 ACTING PRESIDENT COONEY: Read the
17 last section.
18 THE SECRETARY: Section 5. This
19 act shall take effect December 31, 2028.
20 ACTING PRESIDENT COONEY: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT COONEY: Announce
24 the results.
25 THE SECRETARY: In relation to
4564
1 Calendar 1075, voting in the negative:
2 Senator Martinez.
3 Ayes, 59. Nays, 1.
4 ACTING PRESIDENT COONEY: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1099, Senate Print 6200, by Senator Skoufis, an
8 act to amend the Public Service Law.
9 ACTING PRESIDENT COONEY: Read the
10 last section.
11 THE SECRETARY: Section 4. This
12 act shall take effect on the 90th day after it
13 shall have become a law.
14 ACTING PRESIDENT COONEY: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT COONEY: Announce
18 the results.
19 THE SECRETARY: In relation to
20 Calendar 1099, voting in the negative are
21 Senators Gallivan, Griffo, Stec and Walczyk.
22 Ayes, 56. Nays, 4.
23 ACTING PRESIDENT COONEY: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
4565
1 1100, Senate Print 7328A, by Senator Hinchey, an
2 act to amend the Public Service Law.
3 ACTING PRESIDENT COONEY: Read the
4 last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect immediately.
7 ACTING PRESIDENT COONEY: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT COONEY: Announce
11 the results.
12 THE SECRETARY: In relation to
13 Calendar 1100, voting in the negative are
14 Senators Ashby, Borrello, Canzoneri-Fitzpatrick,
15 Chan, Gallivan, Griffo, Helming, Lanza, Martins,
16 Mattera, Murray, O'Mara, Ortt, Rhoads, Rolison,
17 Stec, Tedisco, Walczyk, Weber and Weik.
18 Ayes, 40. Nays, 20.
19 ACTING PRESIDENT COONEY: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1101, Senate Print 7693, by Senator Mayer, an act
23 to amend the Public Service Law.
24 ACTING PRESIDENT COONEY: Read the
25 last section.
4566
1 THE SECRETARY: Section 2. This
2 act shall take effect on the 180th day after it
3 shall have become a law.
4 ACTING PRESIDENT COONEY: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT COONEY: Announce
8 the results.
9 THE SECRETARY: In relation to
10 Calendar 1101, voting in the negative are
11 Senators Borrello, O'Mara, Stec, Walczyk and
12 Weik.
13 Ayes, 55. Nays, 5.
14 ACTING PRESIDENT COONEY: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1123, Senate Print 7359A, by Senator May, an act
18 to amend the Agriculture and Markets Law.
19 ACTING PRESIDENT COONEY: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT COONEY: Call the
24 roll.
25 (The Secretary called the roll.)
4567
1 ACTING PRESIDENT COONEY: Senator
2 May to explain her vote.
3 SENATOR MAY: Thank you,
4 Mr. President.
5 Native plants provide critical
6 habitat for native wildlife. They are uniquely
7 adapted to the soils and the climate conditions
8 of our state, and they can be astonishingly
9 beautiful.
10 This bill adds native plants to the
11 Grown and Certified Program run by the Department
12 of Agriculture & Markets, in the hope that it
13 will convince more nurseries to propagate native
14 plants and gardeners and landscapers to use them
15 so that we can have more and more good habitat
16 for our native wildlife.
17 I vote aye.
18 ACTING PRESIDENT COONEY: Senator
19 May to be recorded in the affirmative.
20 Announce the results.
21 THE SECRETARY: Ayes, 60.
22 ACTING PRESIDENT COONEY: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1125, Senate Print 6757, by Senator Fernandez, an
4568
1 act to amend the Mental Hygiene Law.
2 ACTING PRESIDENT COONEY: Read the
3 last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect immediately.
6 ACTING PRESIDENT COONEY: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT COONEY: Senator
10 Fernandez to explain her vote.
11 SENATOR FERNANDEZ: Thank you so
12 much, Mr. President.
13 This legislation clarifies how
14 parties in New York's opioid settlement
15 agreements are defined. For years our state has
16 been working to hold opioid manufacturers and
17 distributors accountable for the devastation
18 they've caused. We've secured more than
19 $3 billion to invest in prevention, treatment and
20 recovery efforts across our communities.
21 Earlier this year Attorney General
22 James announced a landmark settlement with
23 Purdue Pharma and its owners, the Sackler family,
24 that is expected to bring millions to New York's
25 opioid settlement fund. However, current law
4569
1 defines statewide opioid settlement agreements as
2 those between the state and an opioid
3 manufacturer, distributor, dispenser and other
4 related entity. This language creates a
5 technical loophole that excludes the members of
6 the Sackler family involved in the recent
7 settlement. If we do not close this loophole,
8 New York is at risk of losing up to $250 million.
9 This bill corrects that technical
10 oversight. It clarifies that the law encompasses
11 and was always intended to encompass settlements
12 and releases related to anyone involved in the
13 prescription drug marketing, supply, and payment
14 chain who have contributed to the opioid epidemic
15 through their illegal conduct, especially those
16 who have benefited from this crisis like the
17 Sackler family.
18 This bill ensures that funds are
19 secured from opioid settlements to go where they
20 were always intended to go, and that is to help
21 families and communities who have carried the
22 burden of the crisis.
23 My urge is for my colleagues to
24 please support this bill.
25 I vote aye.
4570
1 ACTING PRESIDENT COONEY: Senator
2 Fernandez to be recorded in the affirmative.
3 Announce the results.
4 THE SECRETARY: In relation to
5 Calendar 1125, voting in the negative are
6 Senators Ashby, Canzoneri-Fitzpatrick, Gallivan,
7 Griffo, Helming, Martins, Mattera, Murray,
8 O'Mara, Palumbo, Rhoads, Rolison, Stec, Walczyk
9 and Weik. Also Senator Ortt.
10 Ayes, 44. Nays, 16.
11 ACTING PRESIDENT COONEY: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1127, Senate Print 1172, by Senator Mattera, an
15 act to amend the General Business Law.
16 ACTING PRESIDENT COONEY: Read the
17 last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect on the 30th day after it
20 shall have become a law.
21 ACTING PRESIDENT COONEY: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT COONEY: Announce
25 the results.
4571
1 THE SECRETARY: Ayes, 60.
2 ACTING PRESIDENT COONEY: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1131, Assembly Bill Number 1797, by
6 Assemblymember Hyndman, an act to amend the
7 General Business Law.
8 ACTING PRESIDENT COONEY: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect 18 months after it shall
12 have become a law.
13 ACTING PRESIDENT COONEY: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT COONEY: Announce
17 the results.
18 THE SECRETARY: Ayes, 60.
19 ACTING PRESIDENT COONEY: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1133, Senate Print 7483, by Senator May, an act
23 to amend the General Business Law.
24 ACTING PRESIDENT COONEY: Read the
25 last section.
4572
1 THE SECRETARY: Section 5. This
2 act shall take effect on the 90th day after it
3 shall have become a law.
4 ACTING PRESIDENT COONEY: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT COONEY: Announce
8 the results.
9 THE SECRETARY: Ayes, 60.
10 ACTING PRESIDENT COONEY: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1134, Senate Print 7585, by Senator Cleare, an
14 act to amend the General Business Law.
15 ACTING PRESIDENT COONEY: Read the
16 last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect immediately.
19 ACTING PRESIDENT COONEY: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT COONEY: Announce
23 the results.
24 THE SECRETARY: Ayes, 60.
25 ACTING PRESIDENT COONEY: The bill
4573
1 is passed.
2 THE SECRETARY: Calendar Number
3 1170, Senate Print 7612, by Senator Martinez, an
4 act to amend the Social Services Law.
5 ACTING PRESIDENT COONEY: Read the
6 last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect on the 120th day after it
9 shall have become a law.
10 ACTING PRESIDENT COONEY: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT COONEY: Announce
14 the results.
15 THE SECRETARY: Ayes, 60.
16 ACTING PRESIDENT COONEY: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1171, Assembly Bill Number 5345, by
20 Assemblymember Hunter, an act to amend the
21 Banking Law.
22 ACTING PRESIDENT COONEY: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect on the first of January.
4574
1 ACTING PRESIDENT COONEY: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT COONEY: Senator
5 Martins to explain his vote.
6 SENATOR MARTINS: Thank you,
7 Mr. President.
8 I want to thank the sponsor for this
9 bill. I did have some -- I did have some
10 questions. I guess I will hear them now, or a
11 response, shortly. But I think this is a unique
12 opportunity for us to -- I guess to have
13 different banking alternatives for people.
14 I am concerned that monies that are
15 deposited in these accounts will not be subject
16 to creditors, even of the depositor, by its very
17 terms. And I'm concerned that people will be
18 able to take money, deposit them in these
19 accounts for the benefit of someone else, and by
20 doing so prevent a creditor of the depositor from
21 being able to receive payment on a debt.
22 So because I do have certain
23 questions, although I do appreciate the efforts
24 of the sponsor and perhaps others, I'll be voting
25 nay, but hope that if this bill does come back to
4575
1 the floor we can work to address some of those
2 concerns. And I want to thank Senator Krueger
3 again.
4 ACTING PRESIDENT COONEY: Senator
5 Martins to be recorded in the negative.
6 Announce the results.
7 THE SECRETARY: In relation to
8 Calendar 1171, voting in the negative are
9 Senators Canzoneri-Fitzpatrick, Martins, O'Mara,
10 Rhoads and Weik.
11 Ayes, 55. Nays, 5.
12 ACTING PRESIDENT COONEY: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1181, Senate Print 7616A, by Senator Martinez, an
16 act in relation to authorizing the lease of
17 certain lands for the purpose of building
18 undergraduate student, graduate student, faculty
19 and staff housing.
20 ACTING PRESIDENT COONEY: Read the
21 last section.
22 THE SECRETARY: Section 15. This
23 act shall take effect immediately.
24 ACTING PRESIDENT COONEY: Call the
25 roll.
4576
1 (The Secretary called the roll.)
2 ACTING PRESIDENT COONEY: Announce
3 the results.
4 THE SECRETARY: Ayes, 60.
5 ACTING PRESIDENT COONEY: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1187, Assembly Bill Number 7892, by
9 Assemblymember Braunstein, an act to amend the
10 Religious Corporations Law.
11 ACTING PRESIDENT COONEY: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT COONEY: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT COONEY: Announce
19 the results.
20 THE SECRETARY: Ayes, 60.
21 ACTING PRESIDENT COONEY: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1197, Senate Print 7685, by Senator Persaud, an
25 act to amend the Real Property Tax Law.
4577
1 ACTING PRESIDENT COONEY: Read the
2 last section.
3 THE SECRETARY: Section 3. This
4 act shall take effect immediately.
5 ACTING PRESIDENT COONEY: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT COONEY: Announce
9 the results.
10 THE SECRETARY: In relation to
11 Calendar 1197, voting in the negative are
12 Senators Walczyk and Weik.
13 Ayes, 58. Nays, 2.
14 ACTING PRESIDENT COONEY: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1199, Senate Print 548, by Senator Stec,
18 Concurrent Resolution of the Senate and Assembly
19 proposing an amendment to Section 1 of Article 14
20 of the Constitution.
21 ACTING PRESIDENT COONEY: Call the
22 roll on the resolution.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT COONEY: Announce
25 the results.
4578
1 THE SECRETARY: Ayes, 60.
2 ACTING PRESIDENT COONEY: The
3 resolution is adopted.
4 THE SECRETARY: Calendar Number
5 1220, Senate Print 3340, by Senator Gianaris, an
6 act to amend the Tax Law.
7 ACTING PRESIDENT COONEY: Read the
8 last section.
9 THE SECRETARY: Section 13. This
10 act shall take effect immediately.
11 ACTING PRESIDENT COONEY: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT COONEY: Announce
15 the results.
16 THE SECRETARY: In relation to
17 Calendar 1220, voting in the negative are
18 Senators Ashby, Borrello, Canzoneri-Fitzpatrick,
19 Chan, Gallivan, Griffo, Helming, Lanza, Mattera,
20 Murray, O'Mara, Ortt, Palumbo, Rhoads, Rolison,
21 Stec, Tedisco, Walczyk, Weber and Weik.
22 Ayes, 40. Nays, 20.
23 ACTING PRESIDENT COONEY: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
4579
1 1228, Senate Print 7152A, by Senator Cleare, an
2 act to amend the Arts and Cultural Affairs Law.
3 ACTING PRESIDENT COONEY: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT COONEY: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT COONEY: Announce
11 the results.
12 THE SECRETARY: Ayes, 60.
13 ACTING PRESIDENT COONEY: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1276, Senate Print Number 6756A, by
17 Senator Hoylman-Sigal, an act to amend the
18 Economic Development Law.
19 ACTING PRESIDENT COONEY: Read the
20 last section.
21 THE SECRETARY: Section 4. This
22 act shall take effect immediately.
23 ACTING PRESIDENT COONEY: Call the
24 roll.
25 (The Secretary called the roll.)
4580
1 ACTING PRESIDENT COONEY: Announce
2 the results.
3 THE SECRETARY: In relation to
4 Calendar 1276, voting in the negative are
5 Senators Borrello, Canzoneri-Fitzpatrick, Chan,
6 Gallivan, Griffo, Helming, Martinez, Mattera,
7 Murray, O'Mara, Ortt, Rhoads, Rolison, Stec,
8 Tedisco, Weber and Weik.
9 Ayes, 43. Nays, 17.
10 ACTING PRESIDENT COONEY: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1284, Senate Print 7645, by Senator Fahy, an act
14 to amend the Public Authorities Law.
15 ACTING PRESIDENT COONEY: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT COONEY: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT COONEY: Announce
23 the results.
24 THE SECRETARY: Ayes, 60.
25 ACTING PRESIDENT COONEY: The bill
4581
1 is passed.
2 THE SECRETARY: Calendar Number
3 1289, Senate Print 8199, by Senator Sanders, an
4 act to direct the Department of Financial
5 Services to conduct a study on the banking
6 development district program.
7 ACTING PRESIDENT COONEY: Read the
8 last section.
9 THE SECRETARY: Section 4. This
10 act shall take effect immediately.
11 ACTING PRESIDENT COONEY: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT COONEY: Announce
15 the results.
16 THE SECRETARY: In relation to
17 Calendar 1289, voting in the negative:
18 Senator Walczyk.
19 Ayes, 59. Nays, 1.
20 ACTING PRESIDENT COONEY: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1291, Senate Print 7484A, by Senator Mayer, an
24 act to amend the Mental Hygiene Law.
25 ACTING PRESIDENT COONEY: Read the
4582
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the 60th day after it
4 shall have become a law.
5 ACTING PRESIDENT COONEY: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT COONEY: Announce
9 the results.
10 THE SECRETARY: Ayes, 60.
11 ACTING PRESIDENT COONEY: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1292, Assembly Bill Number 7560A, by
15 Assemblymember Santabarbara, an act to amend the
16 Mental Hygiene Law.
17 ACTING PRESIDENT COONEY: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT COONEY: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT COONEY: Announce
25 the results.
4583
1 THE SECRETARY: Ayes, 60.
2 ACTING PRESIDENT COONEY: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1300, Senate Print 7944, by Senator Ramos, an act
6 to amend the Labor Law.
7 ACTING PRESIDENT COONEY: Read the
8 last section.
9 THE SECRETARY: Section 4. This
10 act shall take effect immediately.
11 ACTING PRESIDENT COONEY: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT COONEY: Announce
15 the results.
16 THE SECRETARY: In relation to
17 Calendar 1300, voting in the negative are
18 Senators Borrello, Gallivan, O'Mara and Walczyk.
19 Ayes, 56. Nays, 4.
20 ACTING PRESIDENT COONEY: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1327, Senate Print 2611, by Senator Addabbo, an
24 act to amend the General Municipal Law.
25 ACTING PRESIDENT COONEY: Read the
4584
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT COONEY: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT COONEY: Announce
8 the results.
9 THE SECRETARY: In relation to
10 Calendar 1327, voting in the negative are
11 Senators Bynoe, Krueger, Martinez and May.
12 Ayes, 56. Nays, 4.
13 ACTING PRESIDENT COONEY: The bill
14 is passed.
15 ACTING PRESIDENT COONEY: Calendar
16 Number 1328 is high and will be laid aside for
17 the day.
18 ACTING PRESIDENT COONEY: Calendar
19 Number 1338, Senate Print 379A, by Senator Brouk,
20 an act to amend the Education Law.
21 ACTING PRESIDENT COONEY: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the 120th day after it
25 shall have become a law.
4585
1 ACTING PRESIDENT COONEY: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT COONEY: Announce
5 the results.
6 THE SECRETARY: Ayes, 60.
7 ACTING PRESIDENT COONEY: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1339, Senate Print Number 462A, by
11 Senator Hoylman-Sigal, an act to amend the
12 Judiciary Law.
13 ACTING PRESIDENT COONEY: Read the
14 last section.
15 THE SECRETARY: Section 4. This
16 act shall take effect on the 90th day after it
17 shall have become a law.
18 ACTING PRESIDENT COONEY: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT COONEY: Announce
22 the results.
23 THE SECRETARY: In relation to
24 Calendar 1339, voting in the negative are
25 Senators Helming, Martinez, Ortt and
4586
1 Scarcella-Spanton.
2 Ayes, 56. Nays, 4.
3 ACTING PRESIDENT COONEY: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1344, Senate Print 1204, by Senator Cleare, an
7 act directing the Metropolitan Transportation
8 Authority and the New York Transit Authority to
9 rename the 110th Street-Central Park North subway
10 station.
11 ACTING PRESIDENT COONEY: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT COONEY: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT COONEY: Announce
19 the results.
20 THE SECRETARY: In relation to
21 Calendar 1344, voting in the negative are
22 Senators Ashby, Borrello, Canzoneri-Fitzpatrick,
23 Helming, Martins, Mattera, O'Mara, Palumbo,
24 Rhoads, Stec, Tedisco, Weber and Weik.
25 Ayes, 47. Nays, 13.
4587
1 ACTING PRESIDENT COONEY: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1348, Senate Print 3180, by Senator Sanders, an
5 act to amend the Elder Law.
6 ACTING PRESIDENT COONEY: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect on the 120th day after it
10 shall have become a law.
11 ACTING PRESIDENT COONEY: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT COONEY: Announce
15 the results.
16 THE SECRETARY: Ayes, 60.
17 ACTING PRESIDENT COONEY: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1350, Senate Print 3458, by Senator Stavisky, an
21 act to amend the Education Law.
22 ACTING PRESIDENT COONEY: Read the
23 last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
4588
1 ACTING PRESIDENT COONEY: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT COONEY: Senator
5 Stavisky to explain her vote.
6 SENATOR STAVISKY: Thank you,
7 Mr. President.
8 As many of you know, graduate
9 students are paid very little money, and they're
10 struggling. This legislation codifies what we
11 did last year. And this is -- while it's a new
12 bill, it's Phase 2 of a two-year phase-in.
13 And it's extremely important to
14 these struggling young people. We hope that
15 we're able to keep them in New York State as they
16 continue their education.
17 I vote aye. Thank you.
18 ACTING PRESIDENT COONEY: Senator
19 Stavisky to be recorded in the affirmative.
20 Announce the results.
21 THE SECRETARY: In relation to
22 Calendar 1350, voting in the negative:
23 Senator Walczyk.
24 Ayes, 59. Nays, 1.
25 ACTING PRESIDENT COONEY: The bill
4589
1 is passed.
2 THE SECRETARY: Calendar Number
3 1367, Senate Print 1009, by Senator Brouk, an act
4 to amend the Veterans' Services Law.
5 ACTING PRESIDENT COONEY: Read the
6 last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect immediately.
9 ACTING PRESIDENT COONEY: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT COONEY: Announce
13 the results.
14 THE SECRETARY: Ayes, 60.
15 ACTING PRESIDENT COONEY: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1400, Senate Print 1636, by Senator Borrello, an
19 act to authorize the Board of Education of the
20 Salamanca City School District to establish a
21 federal impact aid reserve fund.
22 ACTING PRESIDENT COONEY: Read the
23 last section.
24 THE SECRETARY: Section 4. This
25 act shall take effect immediately.
4590
1 ACTING PRESIDENT COONEY: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT COONEY: Announce
5 the results.
6 THE SECRETARY: Ayes, 60.
7 ACTING PRESIDENT COONEY: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1406, Senate Print 335, by Senator Gianaris, an
11 act to amend the General Business Law.
12 SENATOR LANZA: Lay it aside.
13 ACTING PRESIDENT COONEY: The bill
14 will be laid aside.
15 THE SECRETARY: Calendar Number
16 1436, Assembly Bill Number 5295, by
17 Assemblymember Schiavoni, an act to amend the
18 Indian Law.
19 ACTING PRESIDENT COONEY: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT COONEY: Call the
24 roll.
25 (The Secretary called the roll.)
4591
1 ACTING PRESIDENT COONEY: Senator
2 Palumbo to explain his vote.
3 SENATOR PALUMBO: Thank you,
4 Mr. President.
5 Just very briefly, we've passed this
6 bill for many years. I thank my colleagues for
7 bringing this to the floor again. It's been
8 vetoed by the prior Governor and the current
9 Governor.
10 And last year this -- the story
11 behind this is in 1920 the Suffolk County Supreme
12 Court stripped the Montaukett Nation of their
13 recognition, which they had for hundreds of years
14 in what was a very controversial decision. In my
15 opinion it was racist and there was no reason for
16 them to do so.
17 So this would just reinstate the
18 recognition that these folks need and deserve.
19 It's about their dignity.
20 And then least year, after jumping
21 through many hoops, the members of the nation
22 were moving in a very positive direction, and
23 this was vetoed again by the Governor for
24 different reasons than were previously discussed,
25 that now they had met the qualifications, of
4592
1 course, just for reinstatement. And there were
2 some new reasons that were indicated why the veto
3 was issued.
4 So I respectfully request that the
5 Governor's office speak to us, speak to the
6 Nation, speak to myself, Assemblyman Schiavoni,
7 so that we can get through these issues and iron
8 it out and restore the Montaukett Nation with
9 their pride and dignity that they so rightfully
10 deserve.
11 I proudly vote aye.
12 ACTING PRESIDENT COONEY: Senator
13 Palumbo to be recorded in the affirmative.
14 Announce the results.
15 THE SECRETARY: In relation to
16 Calendar 1436, voting in the negative:
17 Senator Rhoads.
18 Ayes, 59. Nays, 1.
19 ACTING PRESIDENT COONEY: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1455, Assembly Bill Number 34, by
23 Assemblymember Eachus, an act to amend the
24 Public Authorities Law.
25 ACTING PRESIDENT COONEY: Read the
4593
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT COONEY: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT COONEY: Announce
8 the results.
9 THE SECRETARY: Ayes, 60.
10 ACTING PRESIDENT COONEY: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1460, Assembly Bill Number 3516, by
14 Assemblymember Reyes, an act to amend the
15 Executive Law.
16 ACTING PRESIDENT COONEY: Read the
17 last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect on the 90th day after it
20 shall have become a law.
21 ACTING PRESIDENT COONEY: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT COONEY: Announce
25 the results.
4594
1 THE SECRETARY: In relation to
2 Calendar 1460, voting in the negative are
3 Senators Ashby, Borrello, Canzoneri-Fitzpatrick,
4 Chan, Gallivan, Griffo, Helming, Lanza, Martins,
5 Mattera, Murray, O'Mara, Ortt, Palumbo, Rhoads,
6 Rolison, C. Ryan, Stec, Tedisco, Walczyk, Weber
7 and Weik.
8 Ayes, 38. Nays, 22.
9 ACTING PRESIDENT COONEY: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1462, Senate Print 680, by Senator Martinez, an
13 act to amend the Executive Law.
14 ACTING PRESIDENT COONEY: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT COONEY: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT COONEY: Announce
22 the results.
23 THE SECRETARY: Ayes, 60.
24 ACTING PRESIDENT COONEY: The bill
25 is passed.
4595
1 THE SECRETARY: Calendar Number
2 1471, Senate Print 1398A, by Senator S. Ryan, an
3 act to amend the Private Housing Finance Law.
4 ACTING PRESIDENT COONEY: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT COONEY: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT COONEY: Announce
12 the results.
13 THE SECRETARY: In relation to
14 Calendar 1471, voting in the negative:
15 Senator Walczyk.
16 Ayes, 59. Nays, 1.
17 ACTING PRESIDENT COONEY: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1475, Senate Print 2046, by Senator Webb, an act
21 to amend the Education Law.
22 ACTING PRESIDENT COONEY: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
4596
1 ACTING PRESIDENT COONEY: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT COONEY: Announce
5 the results.
6 THE SECRETARY: In relation to
7 Calendar 1475, voting in the negative are
8 Senators Gallivan, Griffo, Helming, Mattera,
9 Murray, O'Mara, Ortt, Rhoads, Stec, Weber and
10 Weik.
11 Ayes, 49. Nays, 11.
12 ACTING PRESIDENT COONEY: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1478, Senate Print 3157, by Senator May, an act
16 to amend the Education Law.
17 ACTING PRESIDENT COONEY: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect 18 months after it shall
21 have become a law.
22 ACTING PRESIDENT COONEY: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT COONEY: Announce
4597
1 the results.
2 THE SECRETARY: In relation to
3 Calendar 1478, voting in the negative:
4 Senator Lanza.
5 Ayes, 59. Nays, 1.
6 ACTING PRESIDENT COONEY: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1479, Senate Print 3278, by Senator Brouk, an act
10 to amend the Education Law.
11 ACTING PRESIDENT COONEY: Read the
12 last section.
13 THE SECRETARY: Section 10. This
14 act shall take effect 18 months after it shall
15 have become a law.
16 ACTING PRESIDENT COONEY: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT COONEY: Announce
20 the results.
21 THE SECRETARY: In relation to
22 Calendar 1479, voting in the negative:
23 Senator Walczyk.
24 Ayes, 59. Nays, 1.
25 ACTING PRESIDENT COONEY: The bill
4598
1 is passed.
2 THE SECRETARY: Calendar Number
3 1481, Senate Print 3398, by Senator Gounardes, an
4 act to amend the Executive Law.
5 ACTING PRESIDENT COONEY: Read the
6 last section.
7 THE SECRETARY: Section 4. This
8 act shall take effect immediately.
9 ACTING PRESIDENT COONEY: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT COONEY: Announce
13 the results.
14 THE SECRETARY: Ayes, 60.
15 ACTING PRESIDENT COONEY: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1482, Senate Print 3416D, by Senator Fernandez,
19 an act to amend the Public Health Law.
20 ACTING PRESIDENT COONEY: Read the
21 last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect on the 90th day after it
24 shall have become a law.
25 ACTING PRESIDENT COONEY: Call the
4599
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT COONEY: Senator
4 Fernandez to explain her vote.
5 SENATOR FERNANDEZ: Thank you so
6 much, Mr. President.
7 Right now too many people walk into
8 hospitals and clinics in crisis, ready to take
9 that first step towards recovery, only to find
10 out that the help that they need is insufficient
11 due to outdated state regulations. This bill
12 changes that.
13 It gives doctors and nurses the
14 tools they need to dispense up to three days of
15 medication -- in this case, buprenorphine. That
16 crucial bridge can help someone stabilize and
17 take the next step towards recovery. It means no
18 one has to leave the hospital in crisis without a
19 real chance at treatment.
20 We've seen the cost of inaction:
21 Families devastated, lives lost, communities torn
22 apart. But we also see the hope when somebody
23 does take that first step. It's time that we
24 align with the federal guidelines -- this is the
25 one time that we want to align -- and advance
4600
1 this lifesaving legislation to allow people to
2 recover.
3 Thank you.
4 ACTING PRESIDENT COONEY: Senator
5 Fernandez to be recorded in the affirmative.
6 Announce the results.
7 THE SECRETARY: In relation to
8 Calendar 1482, voting in the negative are
9 Senators Chan, Lanza and Walczyk.
10 Ayes, 57. Nays, 3.
11 ACTING PRESIDENT COONEY: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1483, Senate Print 3883A, by Senator Hinchey, an
15 act to amend the Public Health Law.
16 ACTING PRESIDENT COONEY: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT COONEY: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT COONEY: Announce
24 the results.
25 THE SECRETARY: In relation to
4601
1 Calendar 1483, voting in the negative are
2 Senators Chan, Lanza, Martins and Walczyk.
3 Ayes, 56. Nays, 4.
4 ACTING PRESIDENT COONEY: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1488, Assembly Bill Number 4003, by
8 Assemblymember Clark, an act to amend the
9 Social Services Law.
10 ACTING PRESIDENT COONEY: 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 COONEY: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT COONEY: Announce
19 the results.
20 THE SECRETARY: Ayes, 60.
21 ACTING PRESIDENT COONEY: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1489, Assembly Bill Number 4391, by
25 Assemblymember P. Carroll, an act to amend the
4602
1 Real Property Tax Law.
2 ACTING PRESIDENT COONEY: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT COONEY: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT COONEY: Announce
10 the results.
11 THE SECRETARY: In relation to
12 Calendar 1489, voting in the negative:
13 Senator Skoufis.
14 Ayes, 59. Nays, 1.
15 ACTING PRESIDENT COONEY: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1506, Senate Print Number 7967, by
19 Senator Canzoneri-Fitzpatrick, an act to
20 amend Chapter 672 of the Laws of 1993.
21 ACTING PRESIDENT COONEY: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT COONEY: Call the
4603
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT COONEY: Announce
4 the results.
5 THE SECRETARY: Ayes, 60.
6 ACTING PRESIDENT COONEY: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1526, Assembly Bill Number 4712, by
10 Assemblymember Barrett, an act to amend the
11 Energy Law.
12 ACTING PRESIDENT COONEY: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT COONEY: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT COONEY: Announce
20 the results.
21 THE SECRETARY: Ayes, 60.
22 ACTING PRESIDENT COONEY: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1566, Senate Print 8062, by Senator Webb, an act
4604
1 to amend the Public Service Law.
2 ACTING PRESIDENT COONEY: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect one year after it shall
6 have become a law.
7 ACTING PRESIDENT COONEY: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT COONEY: Announce
11 the results.
12 THE SECRETARY: Ayes, 60.
13 ACTING PRESIDENT COONEY: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1575, Assembly Bill Number 2736A, by
17 Assemblymember Jacobson, an act to amend the
18 Public Service Law.
19 ACTING PRESIDENT COONEY: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT COONEY: Call the
24 roll.
25 (The Secretary called the roll.)
4605
1 ACTING PRESIDENT COONEY: Announce
2 the results.
3 THE SECRETARY: Ayes, 60.
4 ACTING PRESIDENT COONEY: The bill
5 is passed.
6 Senator Gianaris, that completes the
7 reading of today's calendar.
8 SENATOR GIANARIS: I believe we
9 have a one-bill supplemental active list. Let's
10 take that up, please.
11 ACTING PRESIDENT COONEY: The
12 Secretary will read.
13 THE SECRETARY: Calendar Number
14 1515, Senate Print 5593, by Senator Mayer, an act
15 to amend the Public Service Law.
16 ACTING PRESIDENT COONEY: Read the
17 last section.
18 THE SECRETARY: Section 5. This
19 act shall take effect one year after it shall
20 have become a law.
21 ACTING PRESIDENT COONEY: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT COONEY: Senator
25 Mayer to explain her vote.
4606
1 SENATOR MAYER: Thank you,
2 Mr. President.
3 And thank you to the leader for this
4 package of utility bills that we're taking up.
5 This bill deals with something that
6 is another one of the secrets that unless you're
7 an insider at the Public Service Commission or a
8 utility company, you don't know, which is that
9 rate cases are increasingly delayed beyond the
10 statutory 11-month suspension period due to
11 prolonged settlement negotiations.
12 And during these delays, utilities
13 frequently seek and are granted so-called
14 make-whole provisions, allowing them to
15 retroactively recover revenues based on new rates
16 that would have been applied during this
17 suspension period.
18 This retroactive adjustment often
19 results in rate compression, where consumers face
20 unexpectedly higher rates in a short period,
21 exacerbating the strain.
22 Although the make-whole provisions
23 can theoretically apply to both rate increases
24 and decreases, they are used to justify
25 increases. This imbalance leaves ratepayers
4607
1 continuing to bear the brunt of the decisions of
2 the utilities and the Public Service Commission.
3 This bill seeks to address this
4 imbalance by extending the statutory time frame
5 for a rate case by three months to give all
6 parties additional time to reach a negotiated
7 settlement.
8 This is important as our
9 constituents continue to struggle with the poor
10 decisions of the Public Service Commission and
11 frankly the greed of the utility companies.
12 I proudly vote aye.
13 ACTING PRESIDENT COONEY: Senator
14 Mayer in the affirmative.
15 Senator Martins to explain his vote.
16 SENATOR MARTINS: Thank you,
17 Mr. President.
18 I also will be voting aye on this
19 bill, because anything that provides relief to
20 homeowners across New York State I think is
21 important.
22 Although I'll be voting aye, I also
23 would be remiss if I did not comment on policies
24 that have been passed by this body and the other
25 body just up the hall that have increasingly made
4608
1 it more and more difficult for people to afford
2 to live in New York State when it comes to
3 utility payments, and specifically the CLCPA and
4 the impact of the CLCPA on our utilities, which
5 they are now passing on to our ratepayers.
6 So we can talk about, you know, the
7 need for us to provide affordability, which I
8 agree, but we'd have to go back and look at
9 policies that we have passed in this chamber --
10 which have, by and large, been proposed by my
11 colleagues on this side of the aisle -- which are
12 the root cause and not the PSC or utilities.
13 I vote aye with the caveat.
14 Thank you, Mr. President.
15 ACTING PRESIDENT COONEY: Senator
16 Martins to be recorded in the affirmative.
17 Senator Harckham to explain his
18 vote.
19 SENATOR HARCKHAM: Thank you very
20 much, Mr. President.
21 I want to first of all thank
22 Senator Mayer for this incredibly important bill,
23 and just want to stand and rise to state for the
24 record that much of the resiliency work and much
25 of the upgrade to our grid we would need to do
4609
1 now if we did not install one solar panel or one
2 windmill in the State of New York.
3 Our grid has been antiquated for
4 decades. And so some of the resiliency work has
5 to do with storm prep, others have to do with
6 just modernizing our grid. I say this all the
7 time on the floor, and it's a fact, a kilowatt of
8 clean energy is cheaper than a kilowatt of dirty
9 fossil fuel energy.
10 So, you know, the notion that we
11 constantly hear that the CLCPA is the root of all
12 New York's woes is simply false. I needed to say
13 that. And I want to thank the sponsor for this
14 legislation.
15 I'll be voting aye.
16 ACTING PRESIDENT COONEY: Senator
17 Harckham to be recorded in the affirmative.
18 Announce the results.
19 THE SECRETARY: In relation to
20 Calendar 1515, voting in the negative are
21 Senators Ashby, Borrello, Canzoneri-Fitzpatrick,
22 Chan, Gallivan, Helming, Murray, O'Mara, Ortt,
23 Palumbo, Rhoads, Rolison, Stec, Walczyk, Weber
24 and Weik. Also Senator Tedisco.
25 Ayes, 43. Nays, 17.
4610
1 ACTING PRESIDENT COONEY: The bill
2 is passed.
3 Senator Gianaris, that completes the
4 reading of the supplemental active list.
5 SENATOR GIANARIS: Let's take up
6 the controversial calendar, please.
7 ACTING PRESIDENT COONEY: The
8 Secretary will ring the bell.
9 The Secretary will read.
10 THE SECRETARY: Calendar Number
11 456, Assembly Bill Number 5448B, by
12 Assemblymember Rozic, an act to amend the
13 Education Law.
14 ACTING PRESIDENT COONEY: Senator
15 Lanza, why do you rise?
16 SENATOR LANZA: Mr. President, I
17 believe there's an amendment at the desk. I
18 waive the reading of that amendment and ask that
19 you recognize Senator Weik.
20 ACTING PRESIDENT COONEY: Thank
21 you, Senator Lanza.
22 Upon review of the amendment, in
23 accordance with Rule 6, Section 4B, I rule it
24 nongermane and out of order at this time.
25 SENATOR LANZA: Accordingly,
4611
1 Mr. President, I appeal the ruling of the chair
2 and ask that Senator Weik be heard on that
3 appeal.
4 ACTING PRESIDENT COONEY: The
5 appeal has been made and recognized, and
6 Senator Weik may be heard.
7 SENATOR WEIK: Thank you,
8 Mr. President.
9 This amendment is germane to the
10 bill-in-chief because the amendment would
11 prohibit biological boys from competing in girls'
12 sports in middle and high schools. And the
13 bill-in-chief ensures students are protected from
14 illegal discrimination.
15 Women have been fighting for equal
16 opportunity in sports for decades and have made
17 remarkable progress in limiting discrimination on
18 the basis of sex, including the passage of
19 Title 9 in 1972.
20 However, in recent years,
21 transgender biological men have been competing in
22 women's sports, even though their inherent
23 biological differences give them an unfair
24 competitive advantage.
25 For example, Chelsea Mitchell lost
4612
1 the 2019 Connecticut State championship in
2 women's 55-meter indoor track competition to two
3 biological male competitors. She's not alone in
4 this heartbreak.
5 The research regarding the
6 performance and physiological differences between
7 biological men and women is clear and
8 unequivocal: Biological disparities and
9 testosterone in biological men pose
10 insurmountable barriers for biological women
11 competing against men in sports.
12 Even more troubling than the unfair
13 competition that results from allowing biological
14 boys to compete against girls in sports is the
15 reported injuries linked to the physical
16 disparities. One such case is Peyton McNabb, who
17 suffered a serious head injury during a
18 volleyball game when a biological male spiked the
19 ball into her face.
20 Advocating for women's rights in
21 sports is not an anti-trans position, it's a
22 pro-women stance that acknowledges the biological
23 realities between the two sexes and is a matter
24 of safety and fairness.
25 I urge my colleagues to vote for
4613
1 this amendment. Thank you.
2 ACTING PRESIDENT COONEY: Thank
3 you, Senator Weik.
4 I want to remind the house that the
5 vote is on the procedures of the house and the
6 ruling of the chair.
7 Those in favor of overruling the
8 chair, signify by saying aye.
9 (Response of "Aye.")
10 SENATOR LANZA: Show of hands.
11 ACTING PRESIDENT COONEY: A show of
12 hands has been requested and so ordered.
13 Announce the results.
14 THE SECRETARY: Ayes, 21.
15 ACTING PRESIDENT COONEY: The
16 ruling of the chair stands, and the bill-in-chief
17 is before the house.
18 Read the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect one year after it shall
21 have become a law.
22 ACTING PRESIDENT COONEY: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT COONEY: Senator
4614
1 Stavisky to explain her vote.
2 SENATOR STAVISKY: Yes, thank you,
3 Mr. President.
4 This bill actually deals with
5 Title 6 of the federal Civil Rights Act of 1964
6 that deals with discrimination based on various
7 protected categories. It builds upon what we
8 have done in terms of addressing some of the
9 serious hate issues that have occurred at various
10 college campuses.
11 This amendment, incidentally, deals
12 with Grades 7 through 12, which is not part of
13 the college years. In fact, it's a number of
14 years before these young people are going to
15 college.
16 But two years ago, in July of 2023,
17 the Governor signed my legislation which required
18 any college or university which receives state
19 aid in any form to report all crimes of hate.
20 And this legislation that we're hopefully going
21 to pass today expands upon that concept that
22 we're trying to do something to provide a pathway
23 for students to report these incidents, to do
24 something about it. And it doesn't deal with any
25 one issue but the idea of hate and antisemitism
4615
1 and Islamophobia, and all of these terrible
2 occurrences all fall in that category.
3 I truly want to thank the
4 Majority Leader, Senator Stewart-Cousins, for her
5 help and her advice, and her staff -- I know I'm
6 going to forget somebody -- but Jonathan Lang and
7 Amanda Godkin and Elena Kilcullen.
8 And the advocates, they have done a
9 remarkable job. The college institutions support
10 this: SUNY, CUNY, CICU. Everybody has worked
11 together to address this issue, because silence
12 is not an option. These are issues that are
13 real. We're dealing with them.
14 And I particularly want to thank my
15 colleague in the Assembly -- I think she's here
16 in the chamber -- Assemblymember Rozic for her
17 leadership, working together with us to try to
18 resolve these very terrible occurrences.
19 So, Madam President, I vote aye.
20 ACTING PRESIDENT COONEY: Senator
21 Stavisky to be recorded in the affirmative.
22 Senator Canzoneri-Fitzpatrick to
23 explain her vote.
24 SENATOR CANZONERI-FITZPATRICK:
25 Thank you, Mr. President.
4616
1 And thank you to the sponsor for
2 bringing this legislation forward.
3 As you mentioned, antisemitism is a
4 horrible issue. Hate of any kind is a horrible
5 thing. And our educational institutions should
6 not be a breeding ground for more hate.
7 So I applaud the fact that we're
8 going to have coordinators to make sure that they
9 get on top of any kind of discrimination on these
10 campuses to make sure that the students that are
11 trying to get their education are protected.
12 I proudly vote aye. Thank you,
13 Mr. President.
14 ACTING PRESIDENT COONEY: Senator
15 Canzoneri-Fitzpatrick to be recorded in the
16 affirmative.
17 Announce the results.
18 THE SECRETARY: Ayes, 60.
19 ACTING PRESIDENT COONEY: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 711, Senate Print 7165A, by Senator Hinchey, an
23 act to amend the Public Service Law.
24 ACTING PRESIDENT COONEY: Senator
25 Walczyk, why do you rise?
4617
1 SENATOR WALCZYK: Thank you,
2 Mr. President.
3 Would the sponsor yield for some
4 questions.
5 ACTING PRESIDENT COONEY: Will the
6 sponsor yield?
7 SENATOR HINCHEY: I will.
8 ACTING PRESIDENT COONEY: The
9 sponsor yields.
10 SENATOR WALCZYK: Thank you.
11 Through you, Mr. President. Your
12 bill amends Public Service Law to allow the PSC
13 to consider mental anguish as well as pain and
14 suffering of consumers when determining what
15 penalties should be paid out from the utility, is
16 that correct?
17 SENATOR HINCHEY: Through you,
18 Mr. President, yes, that is correct.
19 SENATOR WALCZYK: And through you,
20 Mr. President, would the sponsor continue to
21 yield?
22 ACTING PRESIDENT COONEY: Will the
23 sponsor yield?
24 SENATOR HINCHEY: I do.
25 ACTING PRESIDENT COONEY: The
4618
1 sponsor yields.
2 SENATOR WALCZYK: In the amendment
3 to Public Service Law, does Public Service Law
4 define pain and suffering?
5 SENATOR HINCHEY: Through you,
6 Mr. President. This language is also reflected
7 in Civil Practice Law, Section 1600, and also
8 Insurance Law, Section 5102. We actually
9 narrowed the language that's reflected in Civil
10 Practice Law. But there's not, in this PSC law,
11 specific details of those which are not in the
12 other sections of law either.
13 SENATOR WALCZYK: Thank you.
14 Through you, Mr. President, will the
15 sponsor continue to yield.
16 ACTING PRESIDENT COONEY: Will the
17 sponsor yield?
18 SENATOR HINCHEY: I do.
19 ACTING PRESIDENT COONEY: The
20 sponsor yields.
21 SENATOR WALCZYK: The same
22 question: Any additional definition under
23 Public Service Law for mental anguish?
24 SENATOR HINCHEY: Through you,
25 Mr. President, no, there's not a definition.
4619
1 This is a legal term of art that's used in many
2 other sections of law that we're reflecting here.
3 SENATOR WALCZYK: Through you,
4 Mr. President, will the sponsor continue to
5 yield.
6 ACTING PRESIDENT COONEY: Will the
7 sponsor yield?
8 SENATOR HINCHEY: I do.
9 ACTING PRESIDENT COONEY: The
10 sponsor yields.
11 SENATOR WALCZYK: Yeah, you
12 mentioned Civil Practice Law. Courts are usually
13 involved in determining noneconomic losses. What
14 judges are there at the PSC that will ultimately
15 be determining whether people have had pain and
16 suffering or mental anguish on their utility
17 bill?
18 SENATOR HINCHEY: Through you,
19 Mr. President. This is -- this would happen
20 during an investigation that the PSC oversees.
21 So that could be -- there could be an
22 administrative law judge who could oversee this,
23 or it could be the PSC itself.
24 SENATOR WALCZYK: Through you,
25 Mr. President, will the sponsor continue to
4620
1 yield.
2 ACTING PRESIDENT COONEY: Will the
3 sponsor yield?
4 SENATOR HINCHEY: Yes.
5 ACTING PRESIDENT COONEY: The
6 sponsor yields.
7 SENATOR WALCZYK: I mean, every
8 ratepayer in New York suffers when they get their
9 energy bill in the mail. Do they have -- would
10 you consider mental anguish seeing the costs of
11 energy continue to increase? Wouldn't every
12 ratepayer have some sort of mental anguish, at
13 least by your own definition?
14 SENATOR HINCHEY: Through you,
15 Mr. President. I think it's important to take a
16 step back and recognize what this -- when this
17 actually goes into account.
18 So the only time that PSC can take
19 any of this into account is when there's an
20 investigation going on, which means that a
21 utility has been found to have done something
22 particularly egregious -- say, in the case in the
23 Hudson Valley with Central Hudson. To quote the
24 Public Utility Law Project, it was the most
25 egregious billing debacle they've ever seen.
4621
1 And so there was an investigation
2 started by the PSC. The PSC then was able to
3 find that Central Hudson actually did something
4 egregious to ratepayers. And only in that
5 instance would they be able to look and see if
6 there should be additional pain and suffering,
7 mental anguish, emotional hardship taken into
8 account.
9 In that experience, we had
10 constituents -- myself, but not just my
11 constituents, Senator Rolison's constituents,
12 Senator Oberacker's constituents and others --
13 who were contemplating things like suicide. They
14 were concerned that -- they're on the record in
15 public hearings, both written testimony to the
16 PSC and public hearings that we held, they were
17 concerned they were going to lose their farm for
18 instance, based on the already found egregious
19 billing practices by the utility company in the
20 Hudson Valley.
21 We had other constituents who,
22 because their accounts were overdrawn so
23 dramatically by money that they did not actually
24 owe, they couldn't actually pay their rent.
25 Others could not pay their mortgages. Others
4622
1 could not put groceries on the table or feed
2 their kids.
3 And so when we're talking about
4 mental anguish or emotional hardship, those are
5 the types of items and types of examples that we
6 are referring to.
7 The bill does not require the PSC to
8 do this. It does not require them to seek and
9 find emotional hardship to take into account. It
10 just gives them the opportunity and the ability,
11 if they see that a utility company acted in such
12 an egregious behavior, that this is something
13 that they should consider.
14 SENATOR WALCZYK: And through you,
15 Mr. President, would the sponsor continue to
16 yield.
17 ACTING PRESIDENT COONEY: Will the
18 sponsor yield?
19 SENATOR HINCHEY: Yes.
20 ACTING PRESIDENT COONEY: The
21 sponsor yields.
22 SENATOR WALCZYK: Yeah, as you
23 rightly pointed out the purpose of this bill, if
24 utilities are paying those penalties for pain and
25 suffering and mental anguish, who ultimately is
4623
1 going to pay that? Won't the utilities just take
2 those individuals who were seen, at least in the
3 PSC's ruling, as experiencing mental suffering,
4 anguish, the things that you've lined out in this
5 bill, wouldn't it ultimately be other ratepayers
6 that didn't experience that or weren't determined
7 by the PSC -- when they go out for a rate case,
8 they get an increase and then the rest of the
9 consumers under that utility will ultimately be
10 paying that bill?
11 SENATOR HINCHEY: Through you,
12 Mr. President, no, they actually will not.
13 Section 25 of the Public Service Law, subdivision
14 6, I believe, actually states that payments as a
15 result of an action taken by the PSC are not
16 recoverable in a rate case or by ratepayers and
17 customers. So this would not be passed on to
18 additional ratepayers. This would be paid by the
19 utility company.
20 SENATOR WALCZYK: Thank you.
21 Through you, Mr. President, would
22 the sponsor continue to yield.
23 ACTING PRESIDENT COONEY: Will the
24 sponsor yield?
25 SENATOR HINCHEY: Yes.
4624
1 ACTING PRESIDENT COONEY: The
2 sponsor yields.
3 SENATOR WALCZYK: Why are we seeing
4 such an increase in utility bills throughout
5 New York State? I know you bring this forward
6 because of an issue that was in the
7 Hudson Valley. But can you point to any specific
8 policies that this body or the State of New York
9 has brought forward that have dramatically
10 increased rates across New York State?
11 SENATOR HINCHEY: Through you,
12 Mr. President, that question is not actually
13 related or germane to this bill.
14 But I will say we actually just
15 passed a different bill through the utility
16 package today that is a bill that I carry about
17 capital expenditures and transparency. And one
18 of the things we actually see in a number of rate
19 increases -- or rate cases, and therefore rate
20 increases, is that utility companies are not
21 being transparent about the types of
22 infrastructure or capital investments that
23 they're doing.
24 But if you look at some utility
25 companies, including Con Ed in the southern part
4625
1 of the state, it's actually for gas
2 infrastructure and for real fossil fuel
3 infrastructure that we're seeing. And so the
4 bill that we've passed separate from this one
5 would provide transparency into that.
6 But that question is not relevant to
7 this bill specifically.
8 SENATOR WALCZYK: Thank you. Thank
9 you. I appreciate it.
10 Mr. President, on the bill.
11 ACTING PRESIDENT COONEY: Senator
12 Walczyk on the bill.
13 SENATOR WALCZYK: So as the sponsor
14 of this bill pointed out today, we passed a
15 number of bills in a legislative package that was
16 billed as affordability for New Yorkers on their
17 bills -- on their energy bills. One to provide
18 transparency for usage, another to charge power
19 authorities -- or to change power authorities'
20 conferral process, one to manage utilities'
21 toll-free services, one to change the number of
22 commissioners on the Public Service Commission,
23 one to reduce the return on investment for
24 utility companies, one to appoint a new person on
25 the State Energy Planning Board, one to compress
4626
1 the timeline for rate cases, and another to allow
2 the Public Service Commission to consider mental
3 anguish when specific customers come forward
4 under penalty cases for utilities.
5 Some of these bills are harmless.
6 Some of them may help some individual
7 New Yorkers. None of this package on
8 affordability will make energy more affordable in
9 New York State.
10 Increasing penalties to utilities
11 only costs everyone who pays a gas and electric
12 bill in New York. New York's residential
13 electricity rates are 40 percent higher than our
14 neighbor in Pennsylvania. Pennsylvania doesn't
15 have non-greedy, benevolent utility companies,
16 they outpace in production and they don't face
17 the byzantine regulatory environment that we've
18 laid out in New York State. They also don't have
19 a CLCPA.
20 New Yorkers are tired of being
21 gaslit and know your policies are the reasons
22 that their bills continue to grow every single
23 month.
24 I'll be voting no on this bill, and
25 it was a mixed bag on the others.
4627
1 Thank you, Mr. President.
2 ACTING PRESIDENT COONEY: Thank
3 you, Senator.
4 Are there any other Senators wishing
5 to be heard?
6 Seeing and hearing none, debate is
7 closed. The Secretary will ring the bell.
8 Read the last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect immediately.
11 ACTING PRESIDENT COONEY: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT COONEY: Senator
15 Hinchey to explain her vote.
16 SENATOR HINCHEY: Thank you,
17 Mr. President.
18 I rise first to say thank you to
19 Leader Stewart-Cousins for bringing a second
20 utility package to the floor today. And another
21 thank you to all of my colleagues for having
22 bills in this package and for supporting them.
23 The number-one constituent call that
24 I get in my office is about utility bills and
25 specifically our local utility. They range in
4628
1 problems from the delivery charges to the cost of
2 bills to just not being able to get any answers
3 from their utility companies.
4 As we've heard, there is so much
5 more we have to do in this Legislature and in
6 this state to support our constituents as it
7 pertains to affordability. This is the best way
8 we can do that right now, by actually making sure
9 we are supporting our constituents.
10 This bill would be able to take into
11 account the hardship that folks have experienced
12 when utility companies have been shown to take
13 advantage of them.
14 And so I'm incredibly proud to
15 sponsor this bill and a number of bills in this
16 package, and reject categorically that it's the
17 CLCPA that is driving up costs, and would
18 encourage my colleagues to look at the
19 infrastructure that our utility companies are
20 actually investing in before they perpetuate
21 false narratives.
22 But I'm proud to support this bill.
23 I vote aye. Thank you, Mr. President.
24 ACTING PRESIDENT COONEY: Senator
25 Hinchey to be recorded in the affirmative.
4629
1 Senator Martins to explain his vote.
2 SENATOR MARTINS: Thank you,
3 Mr. President.
4 I rise to confirm I am voting no on
5 this bill.
6 You know, the term "false
7 narratives" is pretty neat. I'll share it, I
8 guess I'll use it as well.
9 When you talk about a utility
10 company, the only thing a utility company sells
11 is energy. And the only people who pay a utility
12 company are ratepayers. And so to say that a
13 utility company is going to pay these penalties
14 from monies outside of that which it receives
15 from ratepayers is a false narrative.
16 The reality is every dime that goes
17 to a utility company comes from a ratepayer. And
18 if we are going to impose additional obligations
19 and penalties associated with nondefined or
20 undefined terms like those in this bill, all
21 we're doing is increasing the costs to our
22 constituents and ratepayers.
23 And so that is the true narrative.
24 And let's be true and let's be honest about this.
25 If we're really concerned about affordability,
4630
1 let's stop pounding our ratepayers.
2 I vote no.
3 ACTING PRESIDENT COONEY: Senator
4 Martins to be recorded in the negative.
5 Senator Krueger to explain her vote.
6 SENATOR KRUEGER: Thank you,
7 Mr. President.
8 So I think I'm actually, while
9 explaining my vote, really talking about the
10 constant attack on CLCPA anytime we do any bill
11 around energy and utility costs.
12 So just for the record, the PSC did
13 a study that showed what the costs of CLCPA are
14 for the average residential gas customer in
15 New York. It adds almost no cost to the average
16 monthly bill, with a high of National Fuel Gas,
17 about a dollar a month, and a low for Corning Gas
18 of about two cents a month.
19 There are some higher costs in
20 electricity, primarily related to our
21 subsidization of our nuclear power plants.
22 Still, a high of $9 a month, National Grid
23 Upstate; low, $6, LIPA in Long Island.
24 So the question of why our utility
25 bills are so high are because we aren't moving
4631
1 fast enough to low kilowatt costs through
2 sustainable energy. I'm hoping before we leave
3 next week we will have passed a new version of
4 the HEAT Act, which will help to reduce utility
5 costs for New Yorkers.
6 But again, we keep attacking CLCPA
7 as being the problem. It's not the problem. But
8 it is the solution.
9 I vote yes, Mr. President. Thank
10 you.
11 ACTING PRESIDENT COONEY:
12 Senator Krueger to be recorded in the
13 affirmative.
14 Announce the results.
15 THE SECRETARY: In relation to
16 Calendar 711, voting in the negative are
17 Senators Ashby, Borrello, Canzoneri-Fitzpatrick,
18 Chan, Gallivan, Griffo, Helming, Lanza, Martins,
19 Mattera, Murray, O'Mara, Ortt, Palumbo, Rhoads,
20 Stec, Tedisco, Walczyk, Weber and Weik.
21 Ayes, 40. Nays, 20.
22 ACTING PRESIDENT COONEY: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1406, Senate Print 335, by Senator Gianaris,
4632
1 an act to amend the General Business Law.
2 ACTING PRESIDENT COONEY: Senator
3 Borrello, why do you rise?
4 SENATOR BORRELLO: Mr. President,
5 will the sponsor yield for a question.
6 ACTING PRESIDENT COONEY: Will the
7 sponsor yield?
8 SENATOR GIANARIS: And here I
9 thought we bonded over Star Wars Day.
10 (Laughter.)
11 SENATOR GIANARIS: Yes,
12 Mr. President.
13 ACTING PRESIDENT COONEY: The
14 sponsor yields.
15 SENATOR BORRELLO: Through you,
16 Mr. President. Well, speaking of Star Wars Day,
17 I know that the purpose here is to ensure that
18 nobody has an empire that has an iron grip on a
19 particular market, which could be costly to
20 everyone.
21 But can you please explain to me how
22 your bill defines a market, in order to determine
23 what that market is?
24 SENATOR GIANARIS: Well, first of
25 all, I'm surprised that George Borrello, of all
4633
1 people, is opposed to aggressive antitrust
2 enforcement of the type that Donald Trump is
3 pursuing nationally, both in his first term and
4 currently.
5 But to answer the question more
6 directly, we do not change the way markets are
7 defined from whatever the current legal structure
8 is for that.
9 SENATOR BORRELLO: Mr. President,
10 will the sponsor continue to yield.
11 ACTING PRESIDENT COONEY: Will the
12 sponsor yield?
13 SENATOR GIANARIS: Yes.
14 ACTING PRESIDENT COONEY: The
15 sponsor yields.
16 SENATOR BORRELLO: It might
17 surprise you I haven't spoken to the president
18 about that.
19 But the problem is here in New York
20 State we're defining a market. And it's kind of
21 innocuous. So can you tell me, are there other
22 states that have done something similar to this?
23 SENATOR GIANARIS: Did you say you
24 have or have not spoken to the president?
25 SENATOR BORRELLO: I have not.
4634
1 SENATOR GIANARIS: You have not.
2 Oh. Well, nonetheless I continue to be surprised
3 that George Borrello opposes Donald Trump's
4 efforts on something of such importance.
5 No, I don't believe other states
6 have taken the approach that we're taking here.
7 SENATOR BORRELLO: Mr. President,
8 will the sponsor continue to yield.
9 ACTING PRESIDENT COONEY: Will the
10 sponsor yield?
11 SENATOR GIANARIS: Yes.
12 ACTING PRESIDENT COONEY: The
13 sponsor yields.
14 SENATOR BORRELLO: Since you have
15 so much trust in Donald Trump, so what is it that
16 we need to do this year that no other state has
17 done? Why is this necessary?
18 SENATOR GIANARIS: Again, I don't
19 have trust in Donald Trump {inaudible}. I'm just
20 surprised that you of all people, George
21 Borrello, is opposed to Donald Trump and what
22 he's trying to do on an issue like this -- going
23 back several years, so it's not like you
24 shouldn't be aware that this is what the federal
25 government's been trying to do.
4635
1 What we're doing here is innovative.
2 It would establish a new standard in evaluating
3 monopoly practices. It would establish a
4 standard that is in use throughout much of the
5 rest of the world, called abuse of dominance, as
6 opposed to the current standard. Antitrust laws
7 are about a century old. Court decisions
8 interpreting those laws are dated and have not
9 kept up with the modern economy, and in many ways
10 that this bill would fix.
11 SENATOR BORRELLO: Mr. President,
12 will the sponsor continue to yield?
13 ACTING PRESIDENT COONEY: Will the
14 sponsor yield?
15 SENATOR GIANARIS: Yes.
16 ACTING PRESIDENT COONEY: The
17 sponsor yields.
18 SENATOR BORRELLO: So if you're
19 talking about antitrust on a national level, that
20 really has a bigger impact. But when you start
21 talking about it in New York State, the impact is
22 really focused on businesses that choose to
23 continue to operate here, which are less and less
24 every year, unfortunately.
25 So my concern is if you're focused
4636
1 on just businesses in New York State, how are you
2 ensuring that we are not going after folks that
3 don't really have a monopoly but just are
4 supplying products and services in areas that
5 others just choose not to?
6 SENATOR GIANARIS: Well,
7 Senator Borrello, as he continues to oppose
8 Donald Trump on this issue, should rest assured
9 that the big companies we're trying to get at all
10 operate in New York and will continue to operate
11 in New York.
12 And so New York, having a very large
13 role in the national economy, we believe a bill
14 like this will allow us to assert that kind of
15 enforcement activity in a way that would be
16 appropriate.
17 By the way, New York has had its own
18 antitrust laws for the better part of a century
19 that operate in tandem with the federal laws.
20 SENATOR BORRELLO: Mr. President,
21 will the sponsor continue to yield?
22 ACTING PRESIDENT COONEY: Will the
23 sponsor yield?
24 SENATOR GIANARIS: Yes.
25 ACTING PRESIDENT COONEY: The
4637
1 sponsor yields.
2 SENATOR BORRELLO: So I think we
3 know that Donald Trump at one point operated
4 casinos, but none here in New York State that I'm
5 aware of. However, we do have a compact with the
6 Seneca Nation of Indians and others that gives
7 them exclusive rights to operate casinos in
8 certain areas, as we do with other Native tribes.
9 How will this law impact them?
10 SENATOR GIANARIS: I don't believe
11 it would impact that at all.
12 SENATOR BORRELLO: Mr. President,
13 will the sponsor continue to yield.
14 ACTING PRESIDENT COONEY: Will the
15 sponsor yield?
16 SENATOR GIANARIS: Yes.
17 ACTING PRESIDENT COONEY: The
18 sponsor yields.
19 SENATOR BORRELLO: Why would you
20 say that? They have an exclusive right. We've
21 actually given them a monopoly, so -- in a
22 particular area, that is wider than the area that
23 you were describing in this bill that would be
24 impacted. So how would that not impact them?
25 SENATOR GIANARIS: The hypothetical
4638
1 that Senator Borrello has raised doesn't really
2 apply here because this bill, as most antitrust
3 laws do, applies to buyers in a market or sellers
4 in a market. And I'm not sure a casino would fit
5 that description.
6 SENATOR BORRELLO: Mr. President,
7 on the bill.
8 ACTING PRESIDENT COONEY: Senator
9 Borrello on the bill.
10 SENATOR BORRELLO: Thank you,
11 Senator Gianaris.
12 The issue here really is that there
13 is many vague -- you know, vague descriptions in
14 here of what a market is. We haven't really
15 defined it. We're talking about a bill that's
16 going to basically enable -- we'll call them, you
17 know, basically bounty hunters in New York State.
18 You know, lawsuit bounty hunters, litigation
19 bounty hunters, to go around to areas like I
20 represent and find somebody that might own six
21 convenience stores in a rural area, which
22 geographically could be rather large. And those
23 six convenience stores are now a monopoly, as
24 defined by this bill.
25 And we're going to have some legal
4639
1 bounty hunter that's going to exact some kind of
2 a settlement from those six convenience stores.
3 And then they're going to send a coupon for a
4 dollar off a gallon of gas, and that law firm's
5 going to make millions, potentially.
6 I talked about the exclusive areas
7 of Native tribes that have casinos. I don't
8 think there's anything in this bill that
9 prohibits them from being attacked by that.
10 Again, legal bounty hunters that are
11 going to exact money and, in the end, probably
12 not really change anything. And I understand
13 antitrust. I think it's important. I think on a
14 national level in particular.
15 But here in New York State we
16 actually encourage monopolies all the time. Our
17 laws in New York State, antiquated as they are,
18 that have not been addressed, encourage
19 monopolies. I know this personally because I
20 deal with that when it comes to liquor
21 distributors, beer distributors. We have only
22 one choice because the law of New York State says
23 we only get one choice.
24 And that raises the cost of
25 everything. It adds fees, unnecessary fees to
4640
1 delivery charges and so forth, because New York
2 State has empowered large national corporations
3 that operate in New York State to operate a
4 monopoly here. We could address that very
5 easily, but we don't.
6 Instead, we're going to make demons
7 out of people that are providing services in
8 areas like mine that otherwise wouldn't have
9 those services. The only gas station. The only
10 place to be able to buy hot prepared foods after
11 a long, hard day at work.
12 That's what happens here. You're
13 going to see a lot of these small rural areas
14 where someone has a monopoly -- in other words,
15 the only person that's willing to invest their
16 money and risk their capital and employ people in
17 rural areas, they're going to get sued.
18 Not because that's what the sponsor
19 wants, but because of what this bill enables --
20 legal bounty hunters, litigation bounty hunters.
21 We see it all the time. Every time you get that
22 thing in the mail that says, Hey, you're a member
23 of a class action lawsuit and you've been harmed
24 to the tune of $1.86, which is what you're going
25 to get in the mail. But that law firm makes a
4641
1 lot of money off of that.
2 This bill is going to encourage more
3 things like that, which is why so many
4 organizations, from the Farm Bureau to the
5 bankers to people that represent businesses large
6 and small across New York State, have opposed
7 this bill, given memos of opposition. Because
8 they know the impact. Another nail in the coffin
9 of the hardworking people that employ people here
10 in New York State, generate tax revenue, and keep
11 our economy going. Just one more nail in their
12 coffin, driving them out of New York State.
13 So I'll be voting no. Thank you.
14 ACTING PRESIDENT COONEY: Thank
15 you, Senator Borrello.
16 Are there any other Senators wishing
17 to be heard?
18 Seeing and hearing none, debate is
19 now closed. The Secretary will ring the bell.
20 Read the last section.
21 THE SECRETARY: Section 10. This
22 act shall take effect immediately.
23 ACTING PRESIDENT COONEY: Call the
24 roll.
25 (The Secretary called the roll.)
4642
1 ACTING PRESIDENT COONEY: Senator
2 May to explain her vote.
3 SENATOR MAY: Thank you,
4 Mr. President.
5 I never much liked the game of
6 Monopoly, probably because my older brother was
7 so good at it. He always seemed to be able to
8 snap up Atlantic Avenue and Ventnor Avenue and
9 Marvin Gardens, and the next thing I knew I was
10 staying at a hotel that I couldn't afford, and he
11 was gleefully bankrupting me.
12 The precursor of the game of
13 Monopoly was called The Landlord's Game. It was
14 developed in the early 20th century to teach
15 about the dangers of monopolistic behavior. For
16 example, when you went to jail you didn't just go
17 to jail because you happened to land on an
18 unlucky square but because you had trespassed on
19 Lord Blueblood's exclusive estate.
20 The Parker Brothers version of the
21 game sanitized the concept of monopoly so that it
22 is simply the point of the game. It's a morally
23 neutral strategy that brings handsome rewards.
24 And this attitude has held sway in our economic
25 culture for much of the last century.
4643
1 As chair of the Committee on
2 Consumer Protection, I want to thank the sponsor
3 for reminding us that monopolies are not worthy
4 ideals or clever strategies, but symptoms of a
5 broken economy and embodiments of the ultimate
6 uneven playing field.
7 I vote aye.
8 ACTING PRESIDENT COONEY: Senator
9 May to be recorded in the affirmative.
10 Announce the results.
11 THE SECRETARY: In relation to
12 Calendar 1406, voting in the negative are
13 Senators Borrello, Canzoneri-Fitzpatrick, Chan,
14 Cooney, Gallivan, Griffo, Helming, Lanza,
15 Martins, Mattera, Murray, O'Mara, Ortt, Palumbo,
16 Rhoads, Rolison, Stec, Tedisco, Walczyk, Weber
17 and Weik.
18 Ayes, 39. Nays, 21.
19 ACTING PRESIDENT COONEY: The bill
20 is passed.
21 Senator Gianaris, that completes the
22 reading of today's controversial calendar.
23 SENATOR GIANARIS: Returning to
24 motions for a moment, I offer amendments to the
25 following Senate bills:
4644
1 By Senator Gianaris, on page 9,
2 Calendar Number 338, Senate Print 2462A;
3 On behalf of Senator Liu, on
4 page 79, Calendar Number 1558, Senate Print
5 7855D;
6 On behalf of Senator Krueger, on
7 page 66, Calendar Number 1407, Senate Print 704;
8 And on behalf of Senator Rivera, on
9 page 27, Calendar Number 898, Senate Print 7457A.
10 ACTING PRESIDENT COONEY: These
11 amendments are received, and the bills will
12 retain their place on the Third Reading Calendar.
13 SENATOR GIANARIS: Is there any
14 further business at the desk?
15 ACTING PRESIDENT COONEY: There is
16 no further business at the desk.
17 SENATOR GIANARIS: Move to adjourn
18 until tomorrow, Friday, June 6th, at 11:00 a.m.
19 ACTING PRESIDENT COONEY: On
20 motion, the Senate stands adjourned until Friday,
21 June 6th, at 11:00 a.m.
22 (Whereupon, at 5:25 p.m., the Senate
23 adjourned.)
24
25