Regular Session - June 11, 2025
5415
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 June 11, 2025
11 3:25 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR SHELLEY B. MAYER, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
20
21
22
23
24
25
5416
1 P R O C E E D I N G S
2 ACTING PRESIDENT MAYER: The Senate
3 will come to order.
4 I ask everyone 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 MAYER: 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 MAYER: Reading of
14 the Journal.
15 THE SECRETARY: In Senate, Tuesday,
16 June 10, 2025, the Senate met pursuant to
17 adjournment. The Journal of Monday, June 9,
18 2025, was read and approved. On motion, the
19 Senate adjourned.
20 ACTING PRESIDENT MAYER: 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 Sanders
5417
1 moves to discharge, from the Committee on Rules,
2 Assembly Bill Number 1515 and substitute it for
3 the identical Senate Bill 3698, Third Reading
4 Calendar 389.
5 Senator Scarcella-Spanton moves to
6 discharge, from the Committee on Veterans,
7 Homeland Security and Military Affairs,
8 Assembly Bill Number 4649A and substitute it for
9 the identical Senate Bill 5397A, Third Reading
10 Calendar 478.
11 Senator Sanders moves to discharge,
12 from the Committee on Judiciary, Assembly Bill
13 Number 1820A and substitute it for the identical
14 Senate Bill 3178A, Third Reading Calendar 538.
15 Senator Rivera moves to discharge,
16 from the Committee on Health, Assembly Bill
17 Number 1894 and substitute it for the identical
18 Senate Bill 3362, Third Reading Calendar 654.
19 Senator Comrie moves to discharge,
20 from the Committee on Rules, Assembly Bill
21 Number 3698A and substitute it for the identical
22 Senate Bill 5175A, Third Reading Calendar 716.
23 Senator Skoufis moves to discharge,
24 from the Committee on Veterans, Homeland Security
25 and Military Affairs, Assembly Bill Number 6264
5418
1 and substitute it for the identical Senate Bill
2 5246, Third Reading Calendar 742.
3 Senator Jackson moves to discharge,
4 from the Committee on Finance, Assembly Bill
5 Number 3790 and substitute it for the identical
6 Senate Bill 2703, Third Reading Calendar 754.
7 Senator Bailey moves to discharge,
8 from the Committee on Insurance, Assembly Bill
9 Number 1572 and substitute it for the identical
10 Senate Bill 4963, Third Reading Calendar 923.
11 Senator Bailey moves to discharge,
12 from the Committee on Insurance, Assembly Bill
13 Number 7906A and substitute it for the identical
14 Senate Bill 7287A, Third Reading Calendar 927.
15 Senator Mayer moves to discharge,
16 from the Committee on Rules, Assembly Bill
17 Number 8165 and substitute it for the identical
18 Senate Bill 7659, Third Reading Calendar 1156.
19 Senator Fahy moves to discharge,
20 from the Committee on Education, Assembly Bill
21 Number 4683 and substitute it for the identical
22 Senate Bill 6737, Third Reading Calendar 1161.
23 Senator May moves to discharge, from
24 the Committee on Rules, Assembly Bill
25 Number 8023A and substitute it for the identical
5419
1 Senate Bill 7237A, Third Reading Calendar 1165.
2 Senator Comrie moves to discharge,
3 from the Committee on Labor, Assembly Bill
4 Number 4727 and substitute it for the identical
5 Senate Bill 50, Third Reading Calendar 1189.
6 Senator Rivera moves to discharge,
7 from the Committee on Rules, Assembly Bill
8 Number 1395 and substitute it for the identical
9 Senate Bill 3360, Third Reading Calendar 1260.
10 Senator Brouk moves to discharge,
11 from the Committee on Rules, Assembly Bill
12 Number 6609A and substitute it for the identical
13 Senate Bill 7376A, Third Reading Calendar 1312.
14 Senator Jackson moves to discharge,
15 from the Committee on Rules, Assembly Bill
16 Number 7360 and substitute it for the identical
17 Senate Bill 6671, Third Reading Calendar 1362.
18 Senator C. Ryan moves to discharge,
19 from the Committee on Consumer Protection,
20 Assembly Bill Number 5405 and substitute it for
21 the identical Senate Bill 5655, Third Reading
22 Calendar 1412.
23 Senator Skoufis moves to discharge,
24 from the Committee on Rules, Assembly Bill
25 Number 6613 and substitute it for the identical
5420
1 Senate Bill 67, Third Reading Calendar 1431.
2 Senator Kavanagh moves to discharge,
3 from the Committee on Rules, Assembly Bill
4 Number 4040A and substitute it for the identical
5 Senate Bill 4067A, Third Reading Calendar 1439.
6 Senator Stec moves to discharge,
7 from the Committee on Investigations and
8 Government Operations, Assembly Bill Number 5973
9 and substitute it for the identical Senate Bill
10 4817, Third Reading Calendar 1440.
11 Senator Skoufis moves to discharge,
12 from the Committee on Health, Assembly Bill
13 Number 1365A and substitute it for the identical
14 Senate Bill 15A, Third Reading Calendar 1517.
15 Senator Cleare moves to discharge,
16 from the Committee on Aging, Assembly Bill
17 Number 7907 and substitute it for the identical
18 Senate Bill 7077, Third Reading Calendar 1542.
19 Senator Palumbo moves to discharge,
20 from the Committee on Local Government,
21 Assembly Bill Number 8591 and substitute it for
22 the identical Senate Bill 8212, Third Reading
23 Calendar 1574.
24 Senator Parker moves to discharge,
25 from the Committee on Corporations, Authorities
5421
1 and Commissions, Assembly Bill Number 8154 and
2 substitute it for the identical Senate Bill 8318,
3 Third Reading Calendar 1594.
4 Senator Ortt moves to discharge,
5 from the Committee on Rules, Assembly Bill
6 Number 4014 and substitute it for the identical
7 Senate Bill 3637, Third Reading Calendar 1615.
8 Senator Tedisco moves to discharge,
9 from the Committee on Investigations and
10 Government Operations, Assembly Bill Number 7312
11 and substitute it for the identical Senate Bill
12 7139, Third Reading Calendar 1642.
13 Senator Webb moves to discharge,
14 from the Committee on Rules, Assembly Bill
15 Number 8299 and substitute it for the identical
16 Senate Bill 8270, Third Reading Calendar 1660.
17 ACTING PRESIDENT MAYER: So
18 ordered.
19 Messages from the Governor.
20 Reports of standing committees.
21 Reports of select committees.
22 Communications and reports from
23 state officers.
24 Motions and resolutions.
25 Senator Gianaris.
5422
1 SENATOR GIANARIS: Good afternoon,
2 Madam President.
3 On behalf of Senator Harckham, I
4 wish to call up Senate Print 1982, recalled from
5 the Assembly, which is now at the desk.
6 ACTING PRESIDENT MAYER:
7 The Secretary will read.
8 THE SECRETARY: Calendar Number
9 1607, Senate Print 1982, by Senator Harckham, an
10 act to amend the General Municipal Law.
11 SENATOR GIANARIS: Move to
12 reconsider the vote by which the bill was passed.
13 ACTING PRESIDENT MAYER: The
14 Secretary will call the roll on reconsideration.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 59.
17 ACTING PRESIDENT MAYER: The bill
18 is restored to its place on the Third Reading
19 Calendar.
20 SENATOR GIANARIS: I offer the
21 following amendments.
22 ACTING PRESIDENT MAYER: The
23 amendments are received.
24 SENATOR GIANARIS: We're going to
25 start today, Madam President, with the
5423
1 confirmations that we have before us.
2 I believe there's a report of the
3 Finance Committee at the desk. Please take that
4 up.
5 ACTING PRESIDENT MAYER: The
6 Secretary will read.
7 THE SECRETARY: Senator Krueger,
8 from the Committee on Finance, reports the
9 following nominations.
10 As a member and chair of the
11 Public Employment Relations Board:
12 Timothy Connick.
13 As a member of the Public Employment
14 Relations Board: Barbara Deinhardt.
15 SENATOR GIANARIS: Move to accept
16 the report of the Finance Committee, and ask that
17 you recognize Senator Krueger.
18 ACTING PRESIDENT MAYER: All those
19 in favor of accepting the report of the Finance
20 Committee please signify by saying aye.
21 (Response of "Aye.")
22 ACTING PRESIDENT MAYER: Opposed,
23 nay.
24 (No response.)
25 ACTING PRESIDENT MAYER: The report
5424
1 of the Finance Committee is accepted.
2 Senator Krueger on the nominations.
3 SENATOR KRUEGER: Thank you very
4 much, Madam President.
5 Well, we've been going through a
6 whirlwind of nominations this week. We're hoping
7 not to do it in the last week of session in any
8 future year.
9 But we do have two nominees today to
10 the Public Employment Relations Board, Barbara
11 Deinhardt -- who is a re-up, so to speak -- and
12 Timothy Connick to be the chair, or continue to
13 be the chair of the Public Employment Relations
14 Board.
15 I confess to not necessarily being
16 an expert in this area of state law. But I will
17 tell you, after the meeting and questions of
18 Mr. Connick at the meeting, I feel like we all
19 got an incredible tutorial, not only on what this
20 board does and how important it is, but also some
21 really important issues that are going to be
22 before the state very soon because of changes in
23 federal law and policy when it comes to
24 employee-employer relations.
25 And Mr. Connick's detailed, detailed
5425
1 understanding about what goes on, what is at
2 risk, what we need to potentially do, I think
3 impressed all of the members of the committee.
4 So I'm hoping that everyone will
5 join me in voting yes on today's nominees.
6 Thank you very much,
7 Madam President.
8 ACTING PRESIDENT MAYER: All those
9 in favor of accepting the report of the -- oh,
10 excuse me.
11 The question is on the nominations.
12 Call the roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT MAYER: Announce
15 the results.
16 THE SECRETARY: Ayes, 59.
17 ACTING PRESIDENT MAYER: The
18 nominees -- Timothy Connick, as member and chair
19 of the Public Employment Relations Board, and
20 Barbara Deinhardt, as member of the
21 Public Employment Relations Board -- are
22 confirmed.
23 Congratulations.
24 (Standing ovation.)
25 ACTING PRESIDENT MAYER: Senator
5426
1 Gianaris.
2 SENATOR GIANARIS: We're going to
3 now move on to the supplemental active list,
4 which I believe has one bill on it. Can we take
5 that up, please.
6 ACTING PRESIDENT MAYER: The
7 Secretary will read.
8 There's a substitution at the desk.
9 The Secretary will read.
10 THE SECRETARY: Senator Baskin
11 moves to discharge, from the Committee on Rules,
12 Assembly Bill Number 785A and substitute it for
13 the identical Senate Bill 5539, Third Reading
14 Calendar 1401.
15 ACTING PRESIDENT MAYER: The
16 substitution is so ordered.
17 The Secretary will read.
18 THE SECRETARY: Calendar Number
19 1401, Assembly Bill Number 785A, by
20 Assemblymember Solages, an act to amend the
21 Education Law.
22 ACTING PRESIDENT MAYER: Read the
23 last section.
24 THE SECRETARY: Section 6. This
25 act shall take effect on the 180th day after it
5427
1 shall have become a law.
2 ACTING PRESIDENT MAYER: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT MAYER: Senator
6 Baskin to explain her vote.
7 SENATOR BASKIN: Oh, I'm sorry.
8 ACTING PRESIDENT MAYER: To explain
9 her vote?
10 SENATOR BASKIN: No.
11 ACTING PRESIDENT MAYER: No,
12 Senator Baskin is not explaining her vote.
13 Announce the results.
14 What?
15 SENATOR BASKIN: I'm sorry, Madam
16 President. We are on the bill titled "Desha's
17 Law," correct?
18 ACTING PRESIDENT MAYER: We are on
19 Calendar 1401, S5539A.
20 SENATOR BASKIN: That's it. Okay,
21 thank you.
22 ACTING PRESIDENT MAYER: Requiring
23 school safety plans to include a cardiac
24 emergency response plan.
25 SENATOR BASKIN: Thank you. Thank
5428
1 you. Thank you.
2 Madam President, I rise today in
3 support of this bill that we have affectionately
4 named Desha's Law. I want to thank my cosponsors
5 and all of the people from my caucus who
6 participated in the activities leading up to this
7 bill to help us learn how to save ourselves and
8 help residents who are facing cardiac arrest.
9 I also want to uplift this caucus
10 for their actions years prior and those who
11 worked on establishing Louis's Law, a bill that
12 has laid the groundwork for the bill before us
13 today, which established AEDs be in schools
14 across the state.
15 Today we are moving forward with
16 another level of that plan and making sure that
17 there are plans put in place and training and
18 clear accessibility measures for AEDs. And we do
19 that in honor of Desha Sanders, a young woman, a
20 relative, and a beloved member of the Buffalo
21 community in my district who lost her life 16
22 years ago.
23 Today we are joined by Desha's
24 mother and Desha's stepfather in the gallery, who
25 have spent the last few years longing for her
5429
1 presence, but today join us in the Senate to
2 commemorate her life and help save the lives of
3 so many others.
4 Anika, you guys have my esteemed --
5 my heart goes out to you, and I love you so much.
6 Thank you so much for all the work you've done to
7 keep Desha's spirit alive and well in the State
8 of New York.
9 Imagine the joy of watching your
10 daughter play basketball at her middle school
11 gym, learning how to strategize, how to hone her
12 skills, all the while building a camaraderie with
13 her teammates. Now imagine that day turning into
14 a nightmare -- the unthinkable happens. This
15 vibrant 12-year-old girl, Desha Sanders, who
16 suddenly collapsed on the gym floor.
17 This was the reality for this young
18 woman, who went into cardiac arrest, just 12
19 years old. An automated external defibrillator
20 was available in her school, but no one could
21 locate the keys to open the unit. Why? Because
22 no lifesaving plan existed and had ever been
23 implemented in the school.
24 Precious minutes ticked by as
25 Desha's life hung by a thread. She was rushed to
5430
1 the emergency room, but tragically Desha died of
2 cardiac arrest in the hospital.
3 I urge my colleagues today to
4 support Desha's Law. There is an indescribable
5 heaviness that I feel when I'm in the presence of
6 a mother who is speaking about a baby that
7 they've had to lay to rest. These women are
8 unique in kind -- and Anika, you are of those
9 women. I can't imagine as a mother having to go
10 through such tragedy.
11 But today, in her absence, so many
12 other children will have life. Because together
13 it is my hope that this honorable body will pass
14 this legislation to save so many children from
15 going through what Desha went through so many
16 years ago.
17 Again, I urge you to support Desha's
18 Law, which mandates the establishment of cardiac
19 emergency response plans in New York's schools.
20 Passing this loophole will spare the same type of
21 agonizing loss that Desha's family, her friends
22 and her classmates had endured. When Desha first
23 passed on, some of her classmates were
24 interviewed and recorded in the Buffalo News
25 years ago. One said: "At the end of the day,
5431
1 Desha didn't care what color you were, if you
2 were short or if you were tall, if you were
3 skinny or if you were fat. She liked you for who
4 you were. She didn't have a problem with you."
5 It is so hard today to remember
6 Desha, but I'm so glad and grateful for her
7 family.
8 I want to thank my Assembly
9 colleague, Assemblymember Solages, who recently
10 passed the bill today in the Assembly chambers.
11 I am hopeful that we will pass the bill and that
12 we can get the Governor to sign it, and there
13 will be no other student who is in cardiac arrest
14 waiting for adults or emergency responders to
15 figure out how to save their life, but they will
16 be trained and there will be a plan in place.
17 May Desha's legacy live forever.
18 Thank you.
19 ACTING PRESIDENT MAYER: Senator
20 Baskin to be recorded in the affirmative.
21 Announce the results.
22 THE SECRETARY: Ayes, 59.
23 ACTING PRESIDENT MAYER: The bill
24 is passed.
25 (Standing ovation.)
5432
1 ACTING PRESIDENT MAYER: Senator
2 Gianaris.
3 SENATOR GIANARIS: Madam President,
4 I just add my words of appreciation to Desha's
5 family for joining us today and sharing their
6 pain, and making it productive here in the
7 Senate.
8 So thank you. Thank you very much.
9 Let us move on to previously adopted
10 Resolution 1191, by Senator Ortt, read that
11 resolution's title and recognize Senator Ortt,
12 please.
13 ACTING PRESIDENT MAYER: The
14 Secretary will read.
15 THE SECRETARY: Resolution 1191, by
16 Senator Ortt, congratulating Shawn MacKinnon upon
17 the occasion of his retirement after 30 years of
18 distinguished service to the New York State
19 Senate.
20 ACTING PRESIDENT MAYER: Senator
21 Ortt on the resolution.
22 SENATOR ORTT: Thank you very much,
23 Madam President.
24 And I want to thank all of my
25 colleagues for a few minutes of their indulgence.
5433
1 I know it's a busy day, we have a lot of bills,
2 but we have an important resolution here, a
3 surprise resolution.
4 I rise today, I want to
5 congratulate, I want to thank a member of our
6 family over here on the Senate Republican side,
7 Shawn MacKinnon, for 30 years -- where did Shawn
8 go? Where's he hiding? Way back in the corner
9 over there -- 30 years of service to the New York
10 State Senate.
11 Shawn has had a lot of roles in that
12 30 years -- Senate Finance, budget studies. He
13 has been my budget person in my time as leader.
14 And he's a very loud and boisterous person --
15 (Laughter.)
16 SENATOR ORTT: -- which is what
17 most people would know about him, gets very
18 worked up.
19 But no, I've had the pleasure to get
20 to know him over the past several years as a
21 member of my senior team since being elected
22 leader. As secretary to the Finance Committee,
23 Shawn played a critical role in supporting our
24 conference, as well as individual Senators, on
25 budget policy matters, while also training dozens
5434
1 of analysts and imparting his vast institutional
2 knowledge.
3 You know, I'm sure my colleagues in
4 the Majority, I know our colleagues in the
5 Minority, over the years there's something to be
6 said about people who have been -- they've been
7 through multiple budgets, they've been through
8 the different battles, and you start to know,
9 when you see things, you go, Oh, we've done this
10 before. Or, This is how we did it years ago.
11 That institutional knowledge.
12 And the Senate, if nothing else, is
13 an institution. Sometimes one I think we should
14 all be committed to.
15 (Laughter.)
16 SENATOR ORTT: But it's definitely
17 an institution. And that institution -- as
18 leader, I've gained more of an appreciation for
19 the institution. And Shawn is an institutional
20 guy. Thirty years he's spent his life on behalf
21 of the Senate, on behalf of the people in this
22 chamber, working obviously on behalf of the
23 Republican Conference, working with
24 Senate Finance on the Democratic side as well as
25 with the Governor's office, the Assembly.
5435
1 And a lot of times, at that staff
2 level, that's where a lot of things really do get
3 sometimes worked out and massaged. And Shawn had
4 the temperament to make sure that happened.
5 He's one of the few staffers and
6 maybe legislators who truly understands the state
7 school funding formula. I've been here 11 years;
8 I have no idea. I really don't. I know whether
9 my districts get more or less. I don't know why
10 they get more or less. Because we always spend
11 more, and yet somehow some end up with less, some
12 end with more.
13 Shawn understands that algorithm
14 that goes into making that formula work. And I
15 know, on behalf of our members, he's been very
16 helpful on that.
17 He has excelled in his public role.
18 He knows that it takes many hours. You think of
19 the staff, they spend a lot of hours in this
20 building, certainly during session. He balances
21 it with his children. He's also helped inspire
22 the next generation of budgetary minds as a
23 professor of statistics at UAlbany and Siena.
24 So when he's not here educating our
25 minds, he's at UAlbany and Siena, and no doubt
5436
1 imparting his wisdom to maybe the next budget
2 director or a future budget director in this
3 chamber.
4 He's an avid sports enthusiast,
5 which I always appreciated. A college basketball
6 player, a snowboarder, a very, very big hockey
7 fan. Youth hockey coach. He founded the
8 Clifton Park Dynamo Girls Ice Hockey Program in
9 his spare time, which he coached all the way to
10 the finals, which I think is pretty cool. As
11 someone whose sister played hockey, I find that
12 very cool.
13 His commitment to success at youth
14 sports is almost enough -- now, this is the
15 part -- I read this this morning, by the way. I
16 didn't know this part of his resume, and I almost
17 pulled the resolution -- he is a Montreal
18 Canadiens, a New York Yankees -- I know for some
19 of you that will be just fine -- and a Dallas
20 Cowboys fan.
21 (Laughter.)
22 SENATOR ORTT: So let's just say
23 his sports judgment doesn't equal his financial
24 judgment, all right?
25 (Laughter.)
5437
1 SENATOR ORTT: Let's just -- we'll
2 leave it there. I want to be nice.
3 But all kidding aside, he really is
4 a consummate professional. I know my colleagues
5 on both sides, there's a great appreciation for
6 the staff very often who work behind the scenes.
7 New Yorkers will never know many of these folks,
8 and yet their impact on New Yorkers and on the
9 work we do here is indelible. And it's something
10 that we -- I can't say thank you enough.
11 He's been a great addition to our
12 team. He has -- he's a proud father to three
13 wonderful children, as I mentioned, Joe, Madi,
14 and Casey, who I'm sure are looking forward to
15 spending more time with their dad. And again, we
16 all know the challenge of balancing public
17 service and family life. And he has done that
18 with a lot of grace.
19 But he has always been committed
20 certainly to the Senate, again to the people of
21 New York, and I would say to the Senate
22 Republican Conference. His knowledge is
23 unparalleled. I'm going to miss him. I'm going
24 to miss him. He was a great sort of balancer
25 between certainly me and some of my other -- you
5438
1 know, we get wound up, and then Shawn was always
2 the guy that kind of, you know, brings some
3 levity or just brings some balance to that
4 dynamic.
5 So -- but I wish him well. And I
6 would just ask everyone, certainly on either side
7 that has worked with Shawn, that knows Shawn, or
8 that has staff of their own and knows how
9 invaluable they are to what we do here, to just
10 rise and say thank you to Shawn MacKinnon for
11 30 years of service to the people of New York
12 City and the New York State Senate.
13 ACTING PRESIDENT MAYER: Thank you.
14 (Standing ovation.)
15 SENATOR ORTT: He's never been more
16 uncomfortable than right there --
17 (Laughter.)
18 SENATOR ORTT: -- and that's worth
19 it to me.
20 (Laughter.)
21 SENATOR ORTT: So I just want to
22 thank you for your time and thank you for your
23 indulgence.
24 ACTING PRESIDENT MAYER: Thank you,
25 Senator Ortt.
5439
1 And to Shawn MacKinnon, 30 years is
2 a long time to do well here. Congratulations to
3 you from all of us. Best wishes. And we
4 acknowledge your incredible contributions to the
5 Senate. Thank you very much.
6 The resolution was previously
7 adopted on June 10th.
8 Senator Gianaris.
9 SENATOR GIANARIS: Thank you,
10 Madam President.
11 Congratulations to Shawn. You know,
12 I'm hitting 30 years of service next year myself,
13 so maybe Senator Ortt can give me a resolution.
14 (Laughter.)
15 SENATOR GIANARIS: I think the
16 speech would be different.
17 (Laughter.)
18 SENATOR GIANARIS: I think
19 Senator Ortt wants to open that resolution for
20 cosponsorship.
21 ACTING PRESIDENT MAYER: At the
22 request of the sponsor, the resolution is open
23 for cosponsorship. Should you choose not to be a
24 cosponsor, please notify the desk.
25 Senator Gianaris.
5440
1 SENATOR GIANARIS: At this time
2 we're going to simultaneously take up the
3 calendar and call an immediate meeting of the
4 Rules Committee in Room 332.
5 ACTING PRESIDENT MAYER: There will
6 be an immediate meeting of the Rules Committee in
7 Room 332, while we take up the calendar.
8 The Secretary will read.
9 THE SECRETARY: Calendar Number
10 125, Senate Print 428, by Senator Rivera --
11 ACTING PRESIDENT MAYER: Ssshhh.
12 THE SECRETARY: -- an act to amend
13 the --
14 ACTING PRESIDENT MAYER: Can we
15 have some order so we can hear. Thank you.
16 THE SECRETARY: Calendar Number
17 125, Senate Print 428, by Senator Rivera, an act
18 to amend the Public Health Law.
19 ACTING PRESIDENT MAYER: Read the
20 last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MAYER: Call the
24 roll.
25 (The Secretary called the roll.)
5441
1 ACTING PRESIDENT MAYER: Announce
2 the results.
3 THE SECRETARY: In relation to
4 Calendar 125, voting in the negative are
5 Senators Ashby, Borrello, Canzoneri-Fitzpatrick,
6 Chan, Helming, Lanza, Martins, Mattera,
7 Oberacker, O'Mara, Ortt, Palumbo, Rhoads,
8 Scarcella-Spanton, Skoufis, Stec, Tedisco,
9 Walczyk and Weber.
10 Ayes, 40. Nays, 19.
11 ACTING PRESIDENT MAYER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 183, Senate Print 410, by Senator Gounardes, an
15 act to amend the Civil Practice Law and Rules.
16 ACTING PRESIDENT MAYER: Read the
17 last section.
18 THE SECRETARY: Section 4. This
19 act shall take effect immediately.
20 ACTING PRESIDENT MAYER: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT MAYER: Announce
24 the results.
25 THE SECRETARY: In relation to
5442
1 Calendar 183, voting in the negative are
2 Senators Ashby, Borrello, Canzoneri-Fitzpatrick,
3 Chan, Lanza, Martins, Mattera, Oberacker, O'Mara,
4 Ortt, Palumbo, Rhoads, Rolison, Tedisco, Walczyk,
5 Weber and Weik.
6 Ayes, 42. Nays, 17.
7 ACTING PRESIDENT MAYER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 187, Senate Print 2627A, by Senator Kavanagh, an
11 act to amend the Real Property Law.
12 ACTING PRESIDENT MAYER: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT MAYER: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT MAYER: Announce
20 the results.
21 THE SECRETARY: In relation to
22 Calendar 187, voting in the negative:
23 Senator Walczyk.
24 Ayes, 58. Nays, 1.
25 ACTING PRESIDENT MAYER: The bill
5443
1 is passed.
2 THE SECRETARY: Calendar Number
3 262, Senate Print 1783A, by Senator Hinchey, an
4 act to amend the Agriculture and Markets Law.
5 ACTING PRESIDENT MAYER: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MAYER: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT MAYER: Senator
13 Borrello to explain his vote.
14 SENATOR BORRELLO: Thank you,
15 Madam President.
16 I think this is quite interesting
17 that that is a consumer protection bill that says
18 we want to disclose information. However, what
19 they cannot disclose, what this bill prohibits is
20 if the cost increases for this gas are because of
21 government regulations. So it's a bit
22 hypocritical to say we need to tell people when
23 you're raising the price because of something
24 that you have done, but you can't tell them if
25 the government has done something to increase the
5444
1 cost of that gas.
2 So I'm voting no. It's
3 hypocritical. And we should also recognize the
4 fact that we do have a negative impact on prices
5 when we overregulate things like we have a
6 tendency to do here in New York State.
7 Thank you.
8 ACTING PRESIDENT MAYER: Senator
9 Borrello to be recorded in the negative.
10 Announce the results.
11 THE SECRETARY: In relation to
12 Calendar 262, voting in the negative are
13 Senators Ashby, Borrello, Canzoneri-Fitzpatrick,
14 Chan, Martins, Mattera, Oberacker, O'Mara, Ortt,
15 Palumbo, Rhoads, Rolison, Walczyk, Weber and
16 Weik.
17 Ayes, 44. Nays, 15.
18 ACTING PRESIDENT MAYER: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 274, Senate Print 1634, by Senator Rivera, an act
22 to amend the Insurance Law.
23 ACTING PRESIDENT MAYER: Read the
24 last section.
25 THE SECRETARY: Section 3. This
5445
1 act shall take effect immediately.
2 ACTING PRESIDENT MAYER: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT MAYER: Senator
6 Rivera to explain his vote.
7 SENATOR RIVERA: Thank you so much,
8 Madam President.
9 This bill today, my colleagues, is
10 the Primary Care Investment Act. And it relies
11 on something very simple. The reality is -- I'm
12 not sure if you know, but as of December 31st of
13 2024, more than 4.7 million New Yorkers live in
14 areas that have a shortage of primary care.
15 The reality is that there's not
16 enough money that we're spending on primary care.
17 And this is not just spending, this would be an
18 investment. This bill does nothing to change the
19 amount of money that the State of New York spends
20 on health, but instead it changes where that
21 money goes.
22 And the care in this case we're
23 trying to talk about quality primary care,
24 Madam President. And the reality is that what
25 this bill would do is over a period of time it
5446
1 would increase the spending on primary care until
2 it reaches at least 12.5 percent of total
3 healthcare spending.
4 And this is not only something that
5 is a positive, but ultimately over time it would
6 save us money. Because investing in primary care
7 means identifying chronic conditions earlier,
8 making sure that people focus on their health and
9 not just go to the doctor when they're sick.
10 So let's make sure that we invest in
11 this. I'm very glad to pass this. Hopefully we
12 can get it over the finish line. I vote in the
13 affirmative.
14 Thank you, Madam President.
15 ACTING PRESIDENT MAYER: Senator
16 Rivera to be recorded in the affirmative.
17 Senator Bailey to explain his vote.
18 SENATOR BAILEY: Thank you,
19 Madam President.
20 Thank you, Senator Rivera, for this
21 important bill. An ounce of prevention is worth
22 a pound of cure. And it's something that my
23 grandmother, who was an RN, who was a nurse,
24 indicated to me when I was growing up. And it
25 bears true today.
5447
1 People don't seek primary care at
2 the levels that they do because doctors are not
3 seeking primary care as their profession.
4 They're incentivized to go to other still very
5 important other disciplines, such as neurology
6 and orthopedics and so many others. But primary
7 care is that primary -- no pun intended,
8 Madam President -- it is that initial entry into
9 the medical system. We should stop using ERs and
10 urgent cares as our first point of contact.
11 And what's happening is as we
12 redefine what healthcare actually is and what it
13 should be, we need to make sure that people have
14 a doctor. How many people still have their own
15 primary care doctor? I know, growing up,
16 everybody in the neighborhood had the doctor that
17 they went to. I don't know how many people have
18 that anymore. We need to go back to that way of
19 thinking, that way of having medical care.
20 I proudly vote aye, Madam President.
21 ACTING PRESIDENT MAYER: Senator
22 Bailey to be recorded in the affirmative.
23 Announce the results.
24 THE SECRETARY: In relation to
25 Calendar 274, voting in the negative are
5448
1 Senators Ashby, Borrello, Canzoneri-Fitzpatrick,
2 Chan, Oberacker, Palumbo, Rhoads, Tedisco,
3 Walczyk and Weik.
4 Ayes, 49. Nays, 10.
5 ACTING PRESIDENT MAYER: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 326, Senate Print 2053A, by Senator Webb, an act
9 to amend the Environmental Conservation Law.
10 SENATOR SERRANO: Lay it aside for
11 the day, please.
12 ACTING PRESIDENT MAYER: The bill
13 is laid aside for the day.
14 THE SECRETARY: Calendar Number
15 389, Assembly Bill Number 1515, by
16 Assemblymember Weprin, an act to amend the
17 Banking Law.
18 SENATOR SERRANO: Lay it aside for
19 the day, please.
20 ACTING PRESIDENT MAYER: The bill
21 is laid aside for the day.
22 THE SECRETARY: Calendar Number
23 455, Senate Print 4548, by Senator Stavisky, an
24 act to amend the Education Law.
25 ACTING PRESIDENT MAYER: Read the
5449
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the 180th day after it
4 shall have become a law.
5 ACTING PRESIDENT MAYER: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT MAYER: Announce
9 the results.
10 THE SECRETARY: In relation to
11 Calendar 455, voting in the negative are
12 Senators Martinez, Walczyk and Weik.
13 Ayes, 56. Nays, 3.
14 ACTING PRESIDENT MAYER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 478, Assembly Bill Number 4649A, by
18 Assemblymember Rajkumar, an act to amend the
19 Veterans' Services Law.
20 ACTING PRESIDENT MAYER: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the 30th day after it
24 shall have become a law.
25 ACTING PRESIDENT MAYER: Call the
5450
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT MAYER: Announce
4 the results.
5 THE SECRETARY: Ayes, 59.
6 ACTING PRESIDENT MAYER: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 480, Senate Print 3277, by Senator Skoufis, an
10 act to amend the Agriculture and Markets Law.
11 ACTING PRESIDENT MAYER: Read the
12 last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect on the first of January.
15 ACTING PRESIDENT MAYER: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MAYER: Announce
19 the results.
20 THE SECRETARY: Ayes, 59.
21 ACTING PRESIDENT MAYER: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 485, Senate Print 1224, by Senator Rivera, an act
25 to amend the Social Services Law.
5451
1 ACTING PRESIDENT MAYER: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MAYER: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT MAYER: Senator
9 Rivera to explain his vote.
10 SENATOR RIVERA: Thank you so much,
11 Madam President.
12 This bill -- and I'm very thankful
13 that we're bringing it today to the floor --
14 would be to carve out school-based health centers
15 permanently out of Medicaid managed care.
16 Now, to keep it very, very short,
17 school-based health centers provide care for
18 thousands and thousands of children across the
19 State of New York. Most of these school-based
20 health centers, Madam President, are actually not
21 only just in the city, but they're also in the
22 Bronx. And earlier this year we had a little bit
23 of a scuffle with the second floor related to
24 them, but I'm glad to know that that was -- that
25 it was at least resolved for another year.
5452
1 This, however, this bill, if it goes
2 into effect -- and hopefully it does and we can
3 get it signed -- would actually carve them out
4 permanently out of managed care. And ultimately
5 what we want to make sure that we do is that we
6 maintain the care continuity for these kids.
7 And making this transition would
8 actually mean that many of these centers would go
9 away. Many of them actually started closing
10 immediately when we started announcing their
11 closures, when we said that we were going to make
12 the transition. Hopefully we'll be able to
13 offset it for another year.
14 This would actually carve them out
15 permanently. I hope we can achieve it so we can
16 provide the continuity of care to so many kids
17 all across the state.
18 I proudly vote in the affirmative.
19 Thank you, Madam President.
20 ACTING PRESIDENT MAYER: Senator
21 Rivera to be recorded in the affirmative.
22 Senator Oberacker to explain his
23 vote.
24 SENATOR OBERACKER: Thank you,
25 Madam President.
5453
1 I'd like to thank the bill's sponsor
2 for bringing this bill forward.
3 You know, the 51st Senate District,
4 being very rural and very vast, it's really in
5 many ways a healthcare desert. School-based
6 health is such an important part, such an
7 important part of not only my district but the
8 services that it offers.
9 Transportation is huge, as I'm sure
10 everybody is aware. For myself, I travel
11 18 miles one way to get groceries. Distances are
12 very vast in our district.
13 This allows our children to have the
14 healthcare they need, the focus that they need,
15 and allows the parents to actually continue to do
16 what they do to make this happen.
17 It's a great bill. I want to thank
18 the bill's sponsor for bringing it forward. I
19 support it -- not only do I support it, but I
20 want to expand upon it and have more of it in my
21 district.
22 Thank you. I vote aye.
23 ACTING PRESIDENT MAYER: Senator
24 Oberacker to be recorded in the affirmative.
25 Announce the results.
5454
1 THE SECRETARY: Ayes, 59.
2 ACTING PRESIDENT MAYER: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 507, Senate Print 5138, by Senator Gianaris, an
6 act to amend the Criminal Procedure Law.
7 ACTING PRESIDENT MAYER: Read the
8 last section.
9 THE SECRETARY: Section 5. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MAYER: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT MAYER: Announce
15 the results.
16 THE SECRETARY: In relation to
17 Calendar 507, voting in the negative are
18 Senators Ashby, Borrello, Bynoe,
19 Canzoneri-Fitzpatrick, Chan, Martinez, Martins,
20 Mattera, Oberacker, O'Mara, Ortt, Palumbo,
21 Rhoads, Rolison, C. Ryan, Scarcella-Spanton,
22 Tedisco, Walczyk, Weber and Weik.
23 Ayes, 39. Nays, 20.
24 ACTING PRESIDENT MAYER: The bill
25 is passed.
5455
1 THE SECRETARY: Calendar Number
2 515, Senate Print 2097A, by Senator Kavanagh, an
3 act to amend the Environmental Conservation Law.
4 ACTING PRESIDENT MAYER: Read the
5 last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect immediately.
8 ACTING PRESIDENT MAYER: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT MAYER: Announce
12 the results.
13 THE SECRETARY: Ayes, 59.
14 ACTING PRESIDENT MAYER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 538, Assembly Bill Number 1820A, by
18 Assemblymember Steck, an act to amend the
19 Real Property Law.
20 ACTING PRESIDENT MAYER: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the 180th day after it
24 shall have become a law.
25 ACTING PRESIDENT MAYER: Call the
5456
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT MAYER: Senator
4 Sanders to explain his vote.
5 SENATOR SANDERS: Thank you,
6 Madam President.
7 I'm sure everyone in here has seen
8 the days where people could make deeds and say
9 that they don't want this group of people or that
10 group of people to be able to purchase homes in
11 their neighborhood.
12 New York has had some of those. And
13 now we're going to get rid of these. The old
14 ancient evils that have been put on the deeds and
15 mortgages carry restrictions based on the
16 question of race, gender, class. We're not there
17 anymore. We were not there in the days of
18 Jim Crow, those days of infamy.
19 But we are here today. And I'm glad
20 that the New York State Senate is saying that we
21 together affirm that the Empire State will have
22 nothing to do with racism, misogyny or class
23 hatred. No longer will we put these in our
24 deeds, and they will have no force of law. We
25 will get rid of all of that and make sure that a
5457
1 deed is an instrument that has no hatred, that is
2 giving or upholding any type of hatred.
3 I gladly vote aye. Thank you.
4 ACTING PRESIDENT MAYER: Senator
5 Sanders to be recorded in the affirmative.
6 Announce the results.
7 THE SECRETARY: In relation to
8 Calendar 538, voting in the negative
9 are Senators Borrello, Canzoneri-Fitzpatrick,
10 Chan, Mattera, Oberacker, O'Mara, Ortt, Tedisco,
11 Walczyk and Weik.
12 Ayes, 49. Nays, 10.
13 ACTING PRESIDENT MAYER: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 609, Senate Print 5701, by Senator Skoufis, an
17 act to amend the Correction Law.
18 SENATOR PALUMBO: Lay it aside.
19 ACTING PRESIDENT MAYER: The bill
20 is laid aside.
21 THE SECRETARY: Calendar Number
22 654, Assembly Bill Number 1894, by
23 Assemblymember Paulin, an act to repeal
24 Section 3372 of the Public Health Law.
25 ACTING PRESIDENT MAYER: Read the
5458
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT MAYER: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT MAYER: Announce
8 the results.
9 THE SECRETARY: In relation to
10 Calendar 654, voting in the negative are
11 Senators Borrello, Canzoneri-Fitzpatrick, Chan,
12 Helming, Martins, Mattera, Oberacker, O'Mara,
13 Ortt, Palumbo, Rhoads, Rolison, Stec, Tedisco,
14 Walczyk, Weber and Weik. Also Senator Griffo.
15 Ayes, 41. Nays, 18.
16 ACTING PRESIDENT MAYER: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 694, Senate Print 2291, by Senator Harckham, an
20 act to amend the Real Property Tax Law.
21 ACTING PRESIDENT MAYER: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT MAYER: Call the
5459
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT MAYER: Announce
4 the results.
5 THE SECRETARY: Ayes, 59.
6 ACTING PRESIDENT MAYER: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 716, Assembly Bill Number 3698A, by
10 Assemblymember Weprin, an act to amend the
11 Real Property Tax Law.
12 ACTING PRESIDENT MAYER: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT MAYER: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT MAYER: Announce
20 the results.
21 THE SECRETARY: Ayes, 59.
22 ACTING PRESIDENT MAYER: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 727, Senate Print 6010, by Senator Baskin, an act
5460
1 to amend the Economic Development Law.
2 ACTING PRESIDENT MAYER: Read the
3 last section.
4 THE SECRETARY: Section 4. This
5 act shall take effect immediately.
6 ACTING PRESIDENT MAYER: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT MAYER: Announce
10 the results.
11 THE SECRETARY: In relation to
12 Calendar 727, voting in the negative:
13 Senator Walczyk.
14 Ayes, 58. Nays, 1.
15 ACTING PRESIDENT MAYER: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 742, Assembly Bill Number 6264, by
19 Assemblymember Stern, an act to amend the
20 Economic Development Law.
21 ACTING PRESIDENT MAYER: Read the
22 last section.
23 THE SECRETARY: Section 4. This
24 act shall take effect on the first of April.
25 ACTING PRESIDENT MAYER: Call the
5461
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT MAYER: Announce
4 the results.
5 THE SECRETARY: Ayes, 59.
6 ACTING PRESIDENT MAYER: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 754, Assembly Bill Number 3790, by
10 Assemblymember Weprin, an act to amend the
11 Executive Law.
12 ACTING PRESIDENT MAYER: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT MAYER: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT MAYER: Senator
20 Cooney to explain his vote.
21 SENATOR COONEY: Thank you,
22 Madam President.
23 I want to thank the bill's sponsor,
24 Senator Jackson, for this incredibly important
25 piece of legislation, certainly ensuring that
5462
1 properly trained firefighters are performing
2 high-risk interior operations.
3 I heard directly from fire
4 departments, certainly in the district I
5 represent, but I'm sure many of my colleagues
6 heard from their fire departments as well, that
7 this is a commonsense, low-cost measure that
8 boosts public safety, supports local fire
9 departments, and improves statewide transparency,
10 modernizing our recordkeeping practices to ensure
11 that those who are most qualified to perform
12 these most dangerous tasks are the ones doing so.
13 Madam President, I vote aye.
14 ACTING PRESIDENT MAYER: Senator
15 Cooney to be recorded in the affirmative.
16 Announce the results.
17 THE SECRETARY: In relation to
18 Calendar 754, voting in the negative are
19 Senators Borrello, Canzoneri-Fitzpatrick,
20 Helming, Mattera, O'Mara, Ortt, Rhoads, Walczyk,
21 Weber and Weik.
22 Ayes, 49. Nays, 10.
23 ACTING PRESIDENT MAYER: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
5463
1 757, Senate Print 3560, by Senator Cleare, an act
2 to amend the Public Authorities Law.
3 ACTING PRESIDENT MAYER: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MAYER: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT MAYER: Announce
11 the results.
12 THE SECRETARY: In relation to
13 Calendar 757, voting in the negative are
14 Senators Ashby, Borrello, Canzoneri-Fitzpatrick,
15 Chan, Griffo, Helming, Lanza, Martins, Mattera,
16 Oberacker, O'Mara, Ortt, Rhoads, C. Ryan, Stec,
17 Tedisco, Walczyk, Weber and Weik.
18 Ayes, 40. Nays, 19.
19 ACTING PRESIDENT MAYER: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 769, Senate Print 4408, by Senator May, an act to
23 amend the Environmental Conservation Law.
24 ACTING PRESIDENT MAYER: Read the
25 last section.
5464
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT MAYER: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT MAYER: Announce
7 the results.
8 THE SECRETARY: In relation to
9 Calendar 769, voting in the negative are
10 Senators Ashby, Borrello, Canzoneri-Fitzpatrick,
11 Chan, Griffo, Helming, Lanza, Martins, Mattera,
12 Oberacker, O'Mara, Ortt, Rhoads, Stec, Tedisco,
13 Walczyk, Weber and Weik.
14 Ayes, 41. Nays, 18.
15 ACTING PRESIDENT MAYER: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 923, Assembly Bill Number 1572, by
19 Assemblymember Weprin, an act to amend the
20 Insurance Law.
21 ACTING PRESIDENT MAYER: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT MAYER: Call the
5465
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT MAYER: Announce
4 the results.
5 THE SECRETARY: In relation to
6 Calendar 923, voting in the negative are
7 Senators Ashby, Borrello, Canzoneri-Fitzpatrick,
8 Chan, Gallivan, Griffo, Helming, Lanza, Martins,
9 Mattera, Oberacker, O'Mara, Ortt, Palumbo,
10 Rhoads, Rolison, Stec, Tedisco, Walczyk, Weber
11 and Weik.
12 Ayes, 38. Nays, 21.
13 ACTING PRESIDENT MAYER: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 927, Assembly Bill Number 7906A, by
17 Assemblymember Hunter, an act to amend the
18 Insurance Law.
19 ACTING PRESIDENT MAYER: Read the
20 last section.
21 THE SECRETARY: Section 5. This
22 act shall take effect on the same date and in the
23 same manner as Chapter 758 of the Laws of 2022.
24 ACTING PRESIDENT MAYER: Call the
25 roll.
5466
1 (The Secretary called the roll.)
2 ACTING PRESIDENT MAYER: Announce
3 the results.
4 THE SECRETARY: Ayes, 59.
5 ACTING PRESIDENT MAYER: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 965, Senate Print 6685, by Senator Cleare, an act
9 to amend the New York City Health and Hospitals
10 Corporation Act.
11 ACTING PRESIDENT MAYER: Read the
12 last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect on the 180th day after it
15 shall have become a law.
16 ACTING PRESIDENT MAYER: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT MAYER: Announce
20 the results.
21 THE SECRETARY: Ayes, 59.
22 ACTING PRESIDENT MAYER: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 977, Senate Print 2117, by Senator Fahy, an act
5467
1 to amend the Real Property Actions and
2 Proceedings Law.
3 ACTING PRESIDENT MAYER: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on the 60th day after it
7 shall have become a law.
8 ACTING PRESIDENT MAYER: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT MAYER: Announce
12 the results.
13 THE SECRETARY: In relation to
14 Calendar 977, voting in the negative are
15 Senators Ashby, Borrello, Canzoneri-Fitzpatrick,
16 Chan, Gallivan, Griffo, Helming, Lanza, Martins,
17 Mattera, Oberacker, O'Mara, Ortt, Palumbo,
18 Rhoads, Rolison, Stec, Tedisco, Walczyk, Weber
19 and Weik.
20 Ayes, 38. Nays, 21.
21 ACTING PRESIDENT MAYER: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1077, Senate Print 7678A, by Senator Mayer, an
25 act to amend the Vehicle and Traffic Law.
5468
1 ACTING PRESIDENT MAYER: There's a
2 home-rule message at the desk.
3 Read the last section.
4 THE SECRETARY: Section 4. This
5 act shall take effect on the 30th day after it
6 shall have become a law.
7 ACTING PRESIDENT MAYER: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT MAYER: Announce
11 the results.
12 THE SECRETARY: In relation to
13 Calendar 1077, voting in the negative are
14 Senators Bynoe and Martinez.
15 Ayes, 57. Nays, 2.
16 ACTING PRESIDENT MAYER: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1084, Senate Print 3294A, by Senator Cooney, an
20 act to amend the Cannabis Law.
21 ACTING PRESIDENT MAYER: Read the
22 last section.
23 THE SECRETARY: Section 12. This
24 act shall take effect immediately.
25 ACTING PRESIDENT MAYER: Call the
5469
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT MAYER: Announce
4 the results.
5 THE SECRETARY: In relation to
6 Calendar 1084, voting in the negative are
7 Senators Ashby, Borrello, Bynoe,
8 Canzoneri-Fitzpatrick, Chan, Gallivan, Helming,
9 Martinez, Martins, Mattera, Oberacker, O'Mara,
10 Ortt, Palumbo, Rhoads, Stec, Tedisco, Walczyk,
11 Weber and Weik.
12 Ayes, 39. Nays, 20.
13 ACTING PRESIDENT MAYER: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1113, Senate Print 3460, by Senator Gounardes, an
17 act to amend the Labor Law.
18 ACTING PRESIDENT MAYER: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect on the 60th day after it
22 shall have become a law.
23 ACTING PRESIDENT MAYER: Call the
24 roll.
25 (The Secretary called the roll.)
5470
1 ACTING PRESIDENT MAYER: Announce
2 the results.
3 THE SECRETARY: In relation to
4 Calendar 1113, voting in the negative are
5 Senators Ashby, Borrello, Canzoneri-Fitzpatrick,
6 Chan, Gallivan, Griffo, Helming, Lanza, Martins,
7 Mattera, Oberacker, O'Mara, Ortt, Palumbo,
8 Rhoads, Rolison, Stec, Tedisco, Walczyk, Weber
9 and Weik.
10 Ayes, 38. Nays, 21.
11 ACTING PRESIDENT MAYER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1115, Senate Print 4467, by Senator Mayer, an act
15 to amend the Workers' Compensation Law.
16 ACTING PRESIDENT MAYER: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT MAYER: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT MAYER: Announce
24 the results.
25 THE SECRETARY: Ayes, 59.
5471
1 ACTING PRESIDENT MAYER: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1126, Senate Print Number 3043A, by
5 Senator Hoylman-Sigal, an act to amend the
6 Real Property Actions and Proceedings Law.
7 ACTING PRESIDENT MAYER: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MAYER: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT MAYER: Announce
15 the results.
16 THE SECRETARY: In relation to
17 Calendar 1126, voting in the negative are
18 Senators Borrello, Chan, Gallivan, Griffo,
19 Helming, Martins, Mattera, Oberacker, O'Mara,
20 Palumbo, Rolison, Tedisco, Walczyk, Weber and
21 Weik. Also Senator Canzoneri-Fitzpatrick.
22 Ayes, 43. Nays, 16.
23 ACTING PRESIDENT MAYER: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
5472
1 1130, Senate Print 5708, by Senator Skoufis, an
2 act to amend the General Business Law.
3 ACTING PRESIDENT MAYER: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on the 90th day after it
7 shall have become a law.
8 ACTING PRESIDENT MAYER: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT MAYER: Announce
12 the results.
13 THE SECRETARY: In relation to
14 Calendar 1130, voting in the negative are
15 Senators Gallivan and Borrello.
16 Ayes, 57. Nays, 2.
17 ACTING PRESIDENT MAYER: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1156, Assembly Bill Number 8165, by
21 Assemblymember Burdick, an act to amend the
22 General Municipal Law.
23 ACTING PRESIDENT MAYER: There is a
24 home-rule message at the desk.
25 Read the last section.
5473
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT MAYER: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT MAYER: Announce
7 the results.
8 THE SECRETARY: In relation to
9 Calendar 1156, voting in the negative:
10 Senator Skoufis.
11 Ayes, 58. Nays, 1.
12 ACTING PRESIDENT MAYER: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1161, Assembly Bill Number 4683, by
16 Assemblymember Paulin, an act to amend the
17 Education Law.
18 ACTING PRESIDENT MAYER: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MAYER: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT MAYER: Announce
5474
1 the results.
2 THE SECRETARY: Ayes, 59.
3 ACTING PRESIDENT MAYER: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1165, Assembly Bill Number 8023A, by
7 Assemblymember Kassay, an act to amend the
8 Civil Service Law.
9 ACTING PRESIDENT MAYER: Read the
10 last section.
11 THE SECRETARY: Section 2. This act
12 shall take effect immediately.
13 ACTING PRESIDENT MAYER: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT MAYER: Senator
17 May to explain her vote.
18 SENATOR MAY: Thank you,
19 Madam President.
20 I am proud to vote for this bill.
21 We in my office affectionately call it
22 Steve's Bill, because Steve Gamache, of the
23 Legislative Commission on Rural Resources, was
24 meeting with rural municipal leaders on workforce
25 issues and they told him that one of the biggest
5475
1 problems they had was getting the word out about
2 job openings that they had. They had no
3 centralized way to do this.
4 And Steve came up with a very
5 elegant solution, which was to create a portal in
6 the Department of Civil Service's state jobs
7 website where local governments could upload job
8 listings as well.
9 Local governments are really excited
10 about this, and I'm proud that it has come to the
11 floor. And I happily vote aye.
12 ACTING PRESIDENT MAYER: Senator
13 May to be recorded in the affirmative.
14 Announce the results.
15 THE SECRETARY: Ayes, 59.
16 ACTING PRESIDENT MAYER: And the
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 1189, Assembly Bill Number 4727, by
20 Assemblymember Bronson, an act to amend the
21 Workers' Compensation Law.
22 ACTING PRESIDENT MAYER: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
5476
1 ACTING PRESIDENT MAYER: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT MAYER: Announce
5 the results.
6 THE SECRETARY: In relation to
7 Calendar 1189, voting in the negative are
8 Senators Borrello, Rhoads and Walczyk.
9 Ayes, 56. Nays, 3.
10 ACTING PRESIDENT MAYER: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1231, Senate Print 2329, by Senator Rivera, an
14 act to amend the Vehicle and Traffic Law.
15 ACTING PRESIDENT MAYER: Read the
16 last section.
17 THE SECRETARY: Section 4. This
18 act shall take effect on the 120th day after it
19 shall have become a law.
20 ACTING PRESIDENT MAYER: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT MAYER: Senator
24 Rivera to explain his vote.
25 SENATOR RIVERA: Thank you,
5477
1 Madam President.
2 I want to thank the leader for
3 allowing this bill to come to the floor, but also
4 Community Board 6 in the Bronx.
5 This is actually an issue that
6 certainly happens all around our state, but in
7 this case we're dealing with something that is
8 strictly in the city, so this does not impact
9 anywhere else in the state.
10 But what Community Board 6 found,
11 Madam President, was that along Jerome Avenue in
12 my district, there was a whole host of auto
13 repair shops that were popping in and out,
14 popping on and off, and then taking over all the
15 space on the sidewalk, making things unsafe and
16 dirty, et cetera.
17 And all this bill does is it allows
18 in the City of New York for community boards to
19 do a process very much like what happens with
20 liquor licenses. In the case of community boards
21 across the City of New York, they get to weigh in
22 on the issue of whether they want certain
23 establishments to offer alcohol, and they weigh
24 whether they want -- they have enough of them,
25 et cetera.
5478
1 And in this case this would create a
2 similar process as it relates to auto body shops.
3 This is not something that is
4 against small businesses. Instead, we have many
5 responsible shop owners who are in agreement with
6 this bill.
7 And I am looking forward to getting
8 it implemented because, again, I believe that in
9 the City of New York community boards should have
10 a role in determining whether these types of
11 establishments come to their neighborhood, and if
12 they do, if they follow all the rules and
13 everything is fine, then everything can go
14 forward. And I'm hoping that we can get it done.
15 Thank you, Madam President. I vote
16 in the affirmative.
17 ACTING PRESIDENT MAYER: Senator
18 Rivera to be recorded in the affirmative.
19 Announce the results.
20 THE SECRETARY: In relation to
21 Calendar 1231, voting in the negative are
22 Senators Ashby, Borrello, Chan, Gallivan, Griffo,
23 Lanza, Martins, Oberacker, O'Mara, Ortt, Rhoads,
24 Stec, Tedisco, Walczyk and Weber.
25 Ayes, 44. Nays, 15.
5479
1 ACTING PRESIDENT MAYER: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1260, Assembly Bill Number 1395, by
5 Assemblymember Paulin, an act to amend the
6 Public Health Law.
7 ACTING PRESIDENT MAYER: Read the
8 last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect on the first of January.
11 ACTING PRESIDENT MAYER: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT MAYER: Announce
15 the results.
16 THE SECRETARY: In relation to
17 Calendar 1260, voting in the negative are
18 Senators Borrello, Chan, Lanza, Martinez,
19 Oberacker, Tedisco and Walczyk.
20 Ayes, 52. Nays, 7.
21 ACTING PRESIDENT MAYER: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1279, Senate Print 4640A, by Senator Fernandez,
25 an act to amend the Public Health Law.
5480
1 ACTING PRESIDENT MAYER: Read the
2 last section.
3 THE SECRETARY: Section 4. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MAYER: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT MAYER: Announce
9 the results.
10 THE SECRETARY: In relation to
11 Calendar 1279, voting in the negative are
12 Senators Ashby, Borrello, Canzoneri-Fitzpatrick,
13 Gallivan, Griffo, Helming, O'Mara, Ortt, Stec and
14 Walczyk.
15 Ayes, 49. Nays, 10.
16 ACTING PRESIDENT MAYER: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1294, Senate Print 4509, by Senator Ramos, an act
20 to amend the Workers' Compensation Law.
21 ACTING PRESIDENT MAYER: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT MAYER: Call the
5481
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT MAYER: Announce
4 the results.
5 THE SECRETARY: In relation to
6 Calendar 1294, voting in the negative:
7 Senator Walczyk.
8 Ayes, 58. Nays, 1.
9 ACTING PRESIDENT MAYER: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1312, Assembly Bill Number 6609A, by
13 Assemblymember Lunsford, an act in relation to
14 authorizing Karol Hughes to take the competitive
15 civil service examination for the position of
16 police officer.
17 ACTING PRESIDENT MAYER: There is a
18 home-rule message at the desk.
19 Read the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MAYER: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT MAYER: Announce
5482
1 the results.
2 THE SECRETARY: Ayes, 59.
3 ACTING PRESIDENT MAYER: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1318, Senate Print 4649A, by Senator Cooney, an
7 act to amend the Vehicle and Traffic Law.
8 ACTING PRESIDENT MAYER: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect January 1, 2026.
12 ACTING PRESIDENT MAYER: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT MAYER: Senator
16 Cooney to explain his vote.
17 SENATOR COONEY: Thank you,
18 Madam President.
19 This morning three DOT workers were
20 hit in Steuben County, in Senator O'Mara's
21 district. Two weeks ago we lost the life of
22 Robert Bornt in a work zone doing his DOT work in
23 Rensselaer County, in Senator Ashby's district.
24 Let me remind my colleagues it is
25 our responsibility to keep highway workers and
5483
1 motorists safe on our state roadways. Highway
2 workers put in the work every day to make sure
3 our roads are safe for drivers and to get
4 New Yorkers from Point A to Point B. We have to
5 make sure that we're keeping them safe, the
6 workers safe, while on the job so they can return
7 home to their families at the end of the night.
8 We owe it to them.
9 Unfortunately, we've experienced
10 multiple fatal tragedies this year on our Thruway
11 alone, with workers like Stephen Ebling and
12 Vincent Giammarva tragically losing their lives
13 while on the job.
14 A 2021 survey showed that nearly
15 40 percent of drivers ignore the "move over" laws
16 that this legislative body passed. Meaning that
17 they're not slowing down and they're not moving
18 over to the next lane.
19 This isn't just for our highway
20 workers, it's also for our police, our tow-truck
21 drivers, even everyday drivers like you and I.
22 When you see a vehicle on the side of the road,
23 it is time to move over to the left-hand lane to
24 promote safe driving for all.
25 I am proudly sponsoring this
5484
1 legislation to increase penalties for drivers who
2 fail to move over. We have to send a message
3 that this stops now. Stronger penalties are
4 necessary to make it clear that moving over is
5 not a choice, it is our responsibility as
6 New York drivers.
7 Madam President, I vote aye.
8 ACTING PRESIDENT MAYER: Senator
9 Cooney to be recorded in the affirmative.
10 Senator Oberacker to explain his
11 vote.
12 SENATOR OBERACKER: Thank you,
13 Madam President.
14 Again, as a cosponsor of this bill,
15 I want to thank Senator Cooney for bringing it
16 forward.
17 Again, I've said several times here
18 on the floor sometimes we get it right. This one
19 we've gotten right.
20 You know, I use the term -- I don't
21 use the term. Let me preface that,
22 Madam President. I don't use the term "common
23 sense" anymore. I use a term called "country
24 sense," because common sense isn't so common
25 anymore.
5485
1 And if you really think about it,
2 and what Senator Cooney brought up, a lot of
3 these incidences are up into the more rural and
4 country areas that I represent and many others.
5 Folks, we need to slow down, we need
6 to be aware, and we need to move over. Great
7 bill. I proudly vote aye.
8 Thank you.
9 ACTING PRESIDENT MAYER: Senator
10 Oberacker to be recorded in the affirmative.
11 Announce the results.
12 THE SECRETARY: Ayes, 59.
13 ACTING PRESIDENT MAYER: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1340, Senate Print 614, by Senator Rivera, an act
17 to amend the Social Services Law.
18 ACTING PRESIDENT MAYER: Read the
19 last section.
20 THE SECRETARY: Section 7. This
21 act shall take effect on the 180th day after it
22 shall have become a law.
23 ACTING PRESIDENT MAYER: Call the
24 roll.
25 (The Secretary called the roll.)
5486
1 ACTING PRESIDENT MAYER: Senator
2 Rivera to explain his vote.
3 SENATOR RIVERA: Thank you,
4 Madam President.
5 I'm very proud to be voting in the
6 affirmative on this bill. It is a bill we call
7 the Transitional Reentry Health Act,
8 Madam President.
9 There's many folks who are currently
10 incarcerated who are going to come back to our
11 communities. And that transition is a very tough
12 one for many of them. As a matter of fact, data
13 tells us that people are, in the first two weeks
14 after being let -- after coming back home, people
15 are 13 times more likely to die, and 130 times
16 more likely to die of overdose in those two weeks
17 when they come back.
18 Because the reality is that we can't
19 be surprised that while everything happens while
20 folks are incarcerated, there are folks who come
21 back with high rates of illness, substance abuse
22 disorder, and other health conditions.
23 So this bill would provide
24 presumptive Medicaid eligibility for folks so
25 that they can have that continuity of care. As
5487
1 they come back home so that they -- when they're
2 looking for a job, they're looking for stability,
3 this provides them the level of at least safety
4 and knowing that they have medical services
5 available to them. And this is an incredibly
6 important thing that we've been trying to get
7 done for a long time.
8 I should point out that this is
9 something that would only be created with federal
10 approval. But this bill would actually tell the
11 state to go out and seek it.
12 And again, I just think it makes
13 sense. It makes sense not only for saving money,
14 but certainly for making it so that folks who are
15 incarcerated and leaving these facilities, who
16 are -- as we sometimes forget, Madam President --
17 overwhelmingly most of the people who are
18 incarcerated will come back home.
19 We want to make sure that as they do
20 that, they have some continuity of care. This
21 bill would make sure that that happens. I'm
22 proud to vote in the affirmative.
23 Thank you.
24 ACTING PRESIDENT MAYER: Senator
25 Rivera to be recorded in the affirmative.
5488
1 Announce the results.
2 THE SECRETARY: In relation to
3 Calendar 1340, voting in the negative are
4 Senators Borrello, Chan, Gallivan, Griffo,
5 Helming, Lanza, Mattera, Oberacker, O'Mara, Ortt,
6 Palumbo, Rhoads, Stec, Tedisco, Walczyk, Weber
7 and Weik.
8 Ayes, 42. Nays, 17.
9 ACTING PRESIDENT MAYER: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1343, Senate Print 1139, by Senator Gonzalez, an
13 act to amend the State Technology Law.
14 ACTING PRESIDENT MAYER: Read the
15 last section.
16 THE SECRETARY: Section 3. This
17 act shall take effect one year after it shall
18 have become a law.
19 ACTING PRESIDENT MAYER: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT MAYER: Senator
23 Gonzalez to explain her vote.
24 SENATOR GONZALEZ: Thank you,
25 Madam President.
5489
1 Last year during the height of the
2 budget process a cyberattack targeted the state's
3 Legislative Bill Drafting Commission. This
4 crucial body, entrusted with crafting and
5 printing bills, found itself disabled, leaving us
6 temporarily hanging in limbo.
7 The situation highlighted a
8 significant problem. The most critical bodies of
9 our state government remain alarmingly vulnerable
10 to cybersecurity breaches.
11 As our government systems
12 increasingly rely on digital systems for all
13 functions, including communications and data
14 storage, we desperately need stronger protections
15 for sensitive information. Lapses in
16 cybersecurity could hamper operations of our
17 state's most critical systems, and as a state
18 government readiness just isn't an option, it's
19 an imperative.
20 The implementation of this bill of
21 multifactor authentication for local and remote
22 network access can significantly reduce the
23 vulnerability of our government-run information
24 systems. According to CISA, most network
25 breaches come from weak or undersecured login
5490
1 credentials, and entities that use MFA are
2 99 percent less likely to be compromised than
3 those without it.
4 We cannot let another year go by
5 without this critical legislation, and that is
6 exactly why I want to thank our leadership and
7 this body for passing this multifactor
8 authentication bill.
9 And with that, I enthusiastically
10 vote aye. Thank you.
11 ACTING PRESIDENT MAYER: Senator
12 Gonzalez to be recorded in the affirmative.
13 Announce the results.
14 THE SECRETARY: In relation to
15 Calendar 1343, those Senators voting in the
16 negative are Senators Borrello, Hinchey, C. Ryan
17 and Walczyk.
18 Ayes, 55. Nays, 4.
19 ACTING PRESIDENT MAYER: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1346, Senate Print 1996, by Senator Sanders, an
23 act establishing the New York State Public Bank
24 Commission to study the benefits of a public bank
25 or a network of public banks owned by the State
5491
1 of New York.
2 ACTING PRESIDENT MAYER: Read the
3 last section.
4 THE SECRETARY: Section 6. This
5 act shall take effect on the 30th day after it
6 shall have become a law.
7 ACTING PRESIDENT MAYER: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT MAYER: Senator
11 Borrello to explain his vote.
12 SENATOR BORRELLO: Thank you,
13 Madam President.
14 This bill creates a commission to
15 study whether or not we should create a study, is
16 my understanding, on a public bank. But we're --
17 first of all, there's no Republican appointments
18 on this, which I find, you know, troubling.
19 But more importantly, there's a cost
20 associated with this. And we're going to have to
21 hire a consultant to decide if we're going to
22 hire another consultant to decide whether or not
23 we want to study a public bank.
24 So I think this is kind of a waste
25 of money, and I'll be voting no. Thank you.
5492
1 ACTING PRESIDENT MAYER: Senator
2 Borrello to be recorded in the negative.
3 Announce the results.
4 THE SECRETARY: In relation to
5 Calendar 1346, voting in the negative are
6 Senators Ashby, Borrello, Canzoneri-Fitzpatrick,
7 Chan, Gallivan, Griffo, Helming, Lanza, Martins,
8 Mattera, Oberacker, O'Mara, Ortt, Palumbo,
9 Rhoads, Rolison, Stec, Tedisco, Walczyk, Weber
10 and Weik.
11 Ayes, 38. Nays, 21.
12 ACTING PRESIDENT MAYER: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1352, Senate Print 4271, by Senator Kavanagh, an
16 act to amend the Banking Law.
17 ACTING PRESIDENT MAYER: Read the
18 last section.
19 THE SECRETARY: Section 7. This
20 act shall take effect on the 180th day after it
21 shall have become a law.
22 ACTING PRESIDENT MAYER: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT MAYER: Senator
5493
1 Canzoneri-Fitzpatrick to explain her vote.
2 SENATOR CANZONERI-FITZPATRICK:
3 Thank you, Madam President.
4 And while I understand the need to
5 further professionalize the consumer debt
6 collection industry, I have some concerns about
7 this legislation, its vagueness, its high cost,
8 and its requirements that conflict with existing
9 state law that will put an untenable strain on
10 small businesses, which are 85 percent of this
11 business. It's going to lead to further
12 consolidation of the collection industry.
13 The bill is an unfunded mandate that
14 the Department of Financial Services will really
15 have no means to enforce what this bill requires.
16 And the bill is also vastly
17 different from existing New York law for
18 DFS licensees. With respect to preemption, no
19 other DFS licensee must also be subjected to a
20 separate New York City licensing regime, and this
21 dual licensing requirement will be exceptionally
22 onerous on small businesses.
23 With regard to bonding, no other
24 DFS licensee has a bonding requirement. And this
25 bill would require collection agencies to receive
5494
1 bonds based on gross profits of the licensee.
2 Under the bill, the licensees would need to
3 obtain a bond on a sliding scale ranging from
4 $10,000 to $100,000.
5 And with regard to annual licensing
6 requirements, all other DFS licenses are issued
7 for life unless they are revoked by DFS or
8 surrendered by the licensee.
9 This licensing bill would require
10 collection agencies, and only collection
11 agencies, to apply and receive an annual license.
12 So for those reasons,
13 Madam President, I'm going to be voting in the
14 negative. Thank you.
15 ACTING PRESIDENT MAYER: Senator
16 Canzoneri-Fitzpatrick to be recorded in the
17 negative.
18 Senator Kavanagh to explain his
19 vote.
20 SENATOR KAVANAGH: Thank you,
21 Madam President.
22 Just briefly, this is a great step
23 that we're taking today. Thirty states in the
24 United States license debt collectors because
25 they understand that debt collectors can often
5495
1 engage in really onerous practices that affect
2 the lives of New Yorkers and their own citizens
3 every day.
4 By licensing debt collectors, we
5 will allow DFS to have the tools necessary to
6 properly enforce the laws, both federal and state
7 credit laws and debt collection laws.
8 It is a fact that New York City has
9 had a very long-standing licensing requirement
10 and a whole regime to enforce that. So we are
11 leaving that in place. But this bill will extend
12 the kind of protections that residents of
13 30 states and the City of New York have to the
14 rest of the state.
15 I appreciate the leadership for
16 bringing this forward and my colleagues for
17 supporting it today. Thank you. And I'll be
18 voting aye.
19 ACTING PRESIDENT MAYER: Senator
20 Kavanagh to be recorded in the affirmative.
21 Announce the results.
22 THE SECRETARY: In relation to
23 Calendar 1352, voting in the negative are
24 Senators Borrello, Canzoneri-Fitzpatrick, Chan,
25 Gallivan, Griffo, Helming, Lanza, Ortt, Tedisco,
5496
1 Walczyk, Weber and Weik.
2 Ayes, 47. Nays, 12.
3 ACTING PRESIDENT MAYER: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1358, Senate Print 6025, by Senator Brouk, an act
7 to amend the Social Services Law.
8 THE SECRETARY: Section 2. This
9 act shall take effect on the 90th day after it
10 shall have become a law.
11 ACTING PRESIDENT MAYER: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT MAYER: Announce
15 the results.
16 THE SECRETARY: In relation to
17 Calendar 1358, voting in the negative are
18 Senators O'Mara, Ortt, Walczyk, Weber and Weik.
19 Ayes, 54. Nays, 5.
20 ACTING PRESIDENT MAYER: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1362, Assembly Bill Number 7360, by
24 Assemblymember Pheffer Amato, an act to amend the
25 Retirement and Social Security Law.
5497
1 ACTING PRESIDENT MAYER: There is a
2 home-rule message at the desk.
3 Read the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT MAYER: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT MAYER: Announce
10 the results.
11 THE SECRETARY: Ayes, 59.
12 ACTING PRESIDENT MAYER: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1370, Senate Print 5729, by Senator Harckham, an
16 act to amend the Executive Law.
17 ACTING PRESIDENT MAYER: Read the
18 last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect immediately.
21 ACTING PRESIDENT MAYER: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT MAYER: Announce
25 the results.
5498
1 THE SECRETARY: Ayes, 59.
2 ACTING PRESIDENT MAYER: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1402, Senate Print 6734, by Senator Fahy, an act
6 to amend the Education Law.
7 ACTING PRESIDENT MAYER: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MAYER: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT MAYER: Announce
15 the results.
16 THE SECRETARY: In relation to
17 Calendar 1402, voting in the negative are
18 Senators Borrello, Chan, Martins, Oberacker,
19 O'Mara, Ortt and Weik.
20 Ayes, 52. Nays, 7.
21 ACTING PRESIDENT MAYER: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1408, Senate Print 1228C, by Senator Gianaris, an
25 act to amend the General Business Law.
5499
1 SENATOR GIANARIS: Lay it aside for
2 the day.
3 ACTING PRESIDENT MAYER: The bill
4 is laid aside for the day.
5 THE SECRETARY: Calendar Number
6 1412, Assembly Bill Number 5405, by
7 Assemblymember Hunter, an act to amend the
8 General Business Law.
9 ACTING PRESIDENT MAYER: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT MAYER: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT MAYER: Announce
17 the results.
18 THE SECRETARY: In relation to
19 Calendar 1412, voting in the negative:
20 Senator Walczyk.
21 Ayes, 58. Nays, 1.
22 ACTING PRESIDENT MAYER: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1414, Senate Print 6985, by Senator May, an act
5500
1 to amend the General Business Law.
2 ACTING PRESIDENT MAYER: Read the
3 last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect on the 90th day after it
6 shall have become a law.
7 ACTING PRESIDENT MAYER: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT MAYER: Announce
11 the results.
12 THE SECRETARY: In relation to
13 Calendar 1414, voting in the negative are
14 Senators Borrello, Chan, Helming, O'Mara, Ortt
15 and Walczyk.
16 Ayes, 53. Nays, 6.
17 ACTING PRESIDENT MAYER: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1425, Senate Print 8185, by Senator Salazar, an
21 act to amend the Civil Practice Law and Rules.
22 ACTING PRESIDENT MAYER: Read the
23 last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
5501
1 ACTING PRESIDENT MAYER: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT MAYER: Announce
5 the results.
6 THE SECRETARY: In relation to
7 Calendar 1425, voting in the negative are
8 Senators Walczyk and Lanza.
9 Ayes, 57. Nays, 2.
10 Also Senator Helming, pardon me.
11 Ayes, 56. Nays, 3.
12 ACTING PRESIDENT MAYER: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1431, Assembly Bill Number 6613, by
16 Assemblymember McDonald, an act to amend the
17 Public Officers Law.
18 ACTING PRESIDENT MAYER: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MAYER: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT MAYER: Announce
5502
1 the results.
2 THE SECRETARY: In relation to
3 Calendar 1431, voting in the negative are
4 Senators Martins and Oberacker.
5 Ayes, 57. Nays, 2.
6 ACTING PRESIDENT MAYER: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1433, Senate Print 1130, by Senator May, an act
10 to amend the Executive Law.
11 ACTING PRESIDENT MAYER: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT MAYER: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MAYER: Announce
19 the results.
20 THE SECRETARY: In relation to
21 Calendar 1433, voting in the negative are
22 Senators Ashby, Canzoneri-Fitzpatrick, Chan,
23 Gallivan, Griffo, Lanza, Mattera, Palumbo,
24 Rhoads, C. Ryan, Stec, Walczyk and Weik.
25 Ayes, 46. Nays, 13.
5503
1 ACTING PRESIDENT MAYER: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1438, Senate Print 3836, by Senator Hinchey, an
5 act to amend the Alcoholic Beverage Control Law.
6 ACTING PRESIDENT MAYER: Read the
7 last section.
8 THE SECRETARY: Section 4. This
9 act shall take effect immediately.
10 ACTING PRESIDENT MAYER: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT MAYER: Announce
14 the results.
15 THE SECRETARY: Ayes, 59.
16 ACTING PRESIDENT MAYER: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1439, Assembly Bill Number 4040A, by
20 Assemblymember Lasher, an act to amend the
21 Executive Law.
22 ACTING PRESIDENT MAYER: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
5504
1 ACTING PRESIDENT MAYER: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT MAYER: Senator
5 Kavanagh to explain his vote.
6 SENATOR KAVANAGH: Thank you,
7 Madam President.
8 This is a very important bill that
9 basically establishes in New York State law the
10 standard that has been applicable throughout the
11 country for addressing concerns that people might
12 be discriminating in housing.
13 It has been longstanding law
14 throughout the country that if you can
15 demonstrate that a practice has a disparate
16 impact on a protected class of people, that you
17 have a case of discrimination.
18 It is the -- at the federal level,
19 that standard has recently been undermined. And
20 because New York authorities have been able to
21 enforce the federal law for a long time, it was
22 not necessary to codify that in New York law.
23 This bill codifies that in New York
24 law. It is effectively maintaining the status
25 quo in housing discrimination. To my knowledge,
5505
1 no representative of the real estate industry or
2 anybody else is opposing it today.
3 I urge my colleagues to join me in
4 supporting this very basic standard upholding our
5 notion that people should not face discrimination
6 in housing.
7 Thank you. I'll be voting aye.
8 ACTING PRESIDENT MAYER: Senator
9 Kavanagh to be recorded in the affirmative.
10 Announce the results.
11 THE SECRETARY: In relation to
12 Calendar 1439, voting in the negative are
13 Senators Borrello, Canzoneri-Fitzpatrick, Chan,
14 Gallivan, Griffo, Helming, Lanza, Martins,
15 Mattera, Oberacker, Ortt, Palumbo, Rhoads,
16 Rolison, Tedisco, Walczyk, Weber and Weik.
17 Ayes, 41. Nays, 18.
18 ACTING PRESIDENT MAYER: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1440, Assembly Bill Number 5973, by
22 Assemblymember Jones, an act to amend the
23 Public Officers Law.
24 ACTING PRESIDENT MAYER: Read the
25 last section.
5506
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT MAYER: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT MAYER: Announce
7 the results.
8 THE SECRETARY: In relation to
9 Calendar 1440, voting in the negative are
10 Senators Brisport, Fahy and Weik.
11 Ayes, 56. Nays, 3.
12 ACTING PRESIDENT MAYER: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1454, Senate Print 8170, by Senator Kavanagh, an
16 act to amend the Real Property Tax Law.
17 ACTING PRESIDENT MAYER: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT MAYER: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT MAYER: Announce
25 the results.
5507
1 THE SECRETARY: In relation to
2 Calendar 1454, voting in the negative are
3 Senators Ashby, Canzoneri-Fitzpatrick, Gallivan
4 and Senator Walczyk.
5 Ayes, 55. Nays, 4.
6 ACTING PRESIDENT MAYER: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1501, Senate Print 7224, by Senator Persaud, an
10 act to amend the Social Services Law.
11 SENATOR GIANARIS: Lay the bill
12 aside for the day.
13 ACTING PRESIDENT MAYER: The bill
14 is laid aside for the day.
15 THE SECRETARY: Calendar Number
16 1511, Senate Print 7713, by Senator Krueger, an
17 act to amend the General Business Law.
18 ACTING PRESIDENT MAYER: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect on the 30th day after it
22 shall have become a law.
23 ACTING PRESIDENT MAYER: Call the
24 roll.
25 (The Secretary called the roll.)
5508
1 ACTING PRESIDENT MAYER: Senator
2 Krueger to explain her vote.
3 SENATOR KRUEGER: Thank you very
4 much.
5 So what this bill says is that when
6 you go through an E-ZPass in our state -- that's
7 the most common form of license plate tracking
8 for data purposes -- that you can't sell that
9 data to other states or give it to other states
10 if they intend to use it for tracking purposes by
11 law enforcement involving reproductive health.
12 Now, most people would go, What am I
13 talking about? Why would we need this law? So
14 I'll use one example. One woman in Texas got an
15 abortion. It's not legal in that state, so of
16 course she was traveling to another state, as is
17 commonly happening throughout this country.
18 So a Texas cop used 83,000 cameras
19 to track her down, to figure out where she was,
20 where she had driven to on what days to try to
21 connect that to the fact that she got an abortion
22 outside the State of Texas.
23 Thousands of women in this country
24 are now forced to leave their home state to go to
25 other states, including ours, to get an abortion,
5509
1 because a fundamental health protection is no
2 longer available to them.
3 And the concept, even though we have
4 said in our laws we aren't going to cooperate
5 with other states trying to track these women
6 down, the states are doing it without even having
7 to go through us.
8 So this would say, no, you can't
9 provide this data to law enforcement so they can
10 track any person to see whether they might be
11 choosing reproductive healthcare somewhere else.
12 It's outrageous, and an important
13 bill to pass. I hope people will vote yes.
14 Thank you, Madam President.
15 ACTING PRESIDENT MAYER: Senator
16 Krueger to be recorded in the affirmative.
17 Announce the results.
18 THE SECRETARY: In relation to
19 Calendar 1511, voting in the negative are
20 Senators Ashby, Borrello, Canzoneri-Fitzpatrick,
21 Chan, Gallivan, Griffo, Helming, Mattera,
22 Oberacker, O'Mara, Ortt, Palumbo, Rhoads,
23 Rolison, Stec, Tedisco, Walczyk, Weber and Weik.
24 Ayes, 40. Nays, 19.
25 ACTING PRESIDENT MAYER: The bill
5510
1 is passed.
2 THE SECRETARY: Calendar Number
3 1517, Assembly Bill Number 1365A, by
4 Assemblymember Paulin, an act to amend the
5 Public Health Law.
6 SENATOR LANZA: Lay it aside.
7 ACTING PRESIDENT MAYER: The bill
8 is laid aside.
9 THE SECRETARY: Calendar Number
10 1520, Senate Print 595, by Senator Hinchey, an
11 act to amend the Private Housing Finance Law.
12 ACTING PRESIDENT MAYER: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT MAYER: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT MAYER: Announce
20 the results.
21 THE SECRETARY: In relation to
22 Calendar 1520, voting in the negative are
23 Senators Griffo, Walczyk and Weik. Also
24 Senator Borrello.
25 Ayes, 55. Nays, 4.
5511
1 ACTING PRESIDENT MAYER: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1542, Assembly Bill Number 7907, by
5 Assemblymember Seawright, an act to amend the
6 Elder Law.
7 ACTING PRESIDENT MAYER: 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 MAYER: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT MAYER: Announce
16 the results.
17 THE SECRETARY: Ayes, 59.
18 ACTING PRESIDENT MAYER: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1550, Senate Print 7689A, by Senator Skoufis, an
22 act to amend the Election Law.
23 ACTING PRESIDENT MAYER: Read the
24 last section.
25 THE SECRETARY: Section 11. This
5512
1 act shall take effect on the 30th day after it
2 shall have become a law.
3 ACTING PRESIDENT MAYER: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT MAYER: Senator
7 Skoufis to explain his vote.
8 SENATOR SKOUFIS: Thank you very
9 much, Madam President.
10 This bill looks to address something
11 called the Federal Post Card Application, which
12 are throughout the country governed by state laws
13 and regulations. The FPCA is something prior to
14 six months ago I'd never even heard of.
15 But upon digging into this issue,
16 which relates to how overseas voters can cast
17 ballots from wherever they are in the world, only
18 3.4 percent of eligible overseas voters actually
19 cast a ballot and turned out in elections. And
20 that's at least in the last midterm election,
21 2022, that statistic.
22 Meanwhile, in 2022, the national
23 turnout for those living in the United States
24 exceeded 60 percent.
25 And one of the reasons why we have
5513
1 in New York an even lower than a 3.4 percent
2 overseas voter turnout number is because we have
3 some of the most inaccessible FPCA laws in the
4 country. We're one of only I believe four or
5 five states that does not allow for electronic
6 return of these FPCAs. So you've got to be able
7 to go to a post office and do snail mail, and in
8 some of these countries there are no post
9 offices. There's no postal service to be able to
10 get an FPCA back to New York.
11 Additionally, when you are casting
12 your absentee ballot, you get it in the mail and
13 you look to cast your ballot months later, you've
14 got to include another copy of the FPCA in the
15 envelope with your absentee ballot, a redundant
16 copy of the FPCA which is already on file at the
17 local board of election.
18 And so, you know, this will
19 meaningfully increase turnout from overseas
20 voters, including military voters who are serving
21 our nation overseas.
22 And I look forward to casting my
23 vote in the affirmative and encourage my
24 colleagues to do the same.
25 Thank you.
5514
1 ACTING PRESIDENT MAYER: Senator
2 Skoufis to be recorded in the affirmative.
3 Announce the results.
4 THE SECRETARY: In relation to
5 Calendar 1550, voting in the negative are
6 Senators Ashby, Borrello, Canzoneri-Fitzpatrick,
7 Chan, Gallivan, Griffo, Helming, Lanza, Martins,
8 Mattera, Oberacker, O'Mara, Ortt, Palumbo,
9 Rhoads, Rolison, Stec, Walczyk, Weber and Weik.
10 Ayes, 39. Nays, 20.
11 ACTING PRESIDENT MAYER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1554, Senate Print Number 7806, by
15 Senator Canzoneri-Fitzpatrick, an act to amend
16 Chapter 676 of the Laws of 1978.
17 ACTING PRESIDENT MAYER: There's a
18 home-rule message at the desk.
19 Read the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MAYER: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT MAYER: Announce
5515
1 the results.
2 THE SECRETARY: In relation to
3 Calendar 1554, voting in the negative:
4 Senator Fahy.
5 Ayes, 58. Nays, 1.
6 ACTING PRESIDENT MAYER: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1574, Assembly Bill Number 8591, by
10 Assemblymember Schiavoni, an act to amend
11 Chapter 387 of the Laws of 2013.
12 ACTING PRESIDENT MAYER: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT MAYER: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT MAYER: Announce
20 the results.
21 THE SECRETARY: In relation to
22 Calendar 1574, voting in the negative:
23 Senator Skoufis.
24 Ayes, 58. Nays, 1.
25 ACTING PRESIDENT MAYER: The bill
5516
1 is passed.
2 THE SECRETARY: Calendar Number
3 1588, Senate Print 8275, by Senator Griffo, an
4 act to amend Chapter 332 of the Laws of 2019.
5 ACTING PRESIDENT MAYER: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MAYER: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT MAYER: Announce
13 the results.
14 THE SECRETARY: In relation to
15 Calendar 1588, voting in the negative are
16 Senators Canzoneri-Fitzpatrick, Harckham, Lanza,
17 Martinez, C. Ryan, Scarcella-Spanton, Skoufis and
18 Weik.
19 Ayes, 51. Nays, 8.
20 ACTING PRESIDENT MAYER: The bill
21 is passed.
22 THE SECRETARY: Also -- pardon me.
23 Also Senator Chan.
24 Ayes, 50. Nays, 9.
25 ACTING PRESIDENT MAYER: The bill
5517
1 is passed.
2 THE SECRETARY: Calendar Number
3 1594, Assembly Bill Number 8154, by
4 Assemblymember Braunstein, an act to amend the
5 Executive Law.
6 ACTING PRESIDENT MAYER: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT MAYER: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT MAYER: Announce
14 the results.
15 THE SECRETARY: In relation to
16 Calendar 1594, voting in the negative are
17 Senators Ashby, Lanza and Walczyk.
18 Ayes, 56. Nays, 3.
19 ACTING PRESIDENT MAYER: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1595, Senate Print 8321, by Senator Rolison, an
23 act to amend Chapter 339 of the Laws of 2023.
24 ACTING PRESIDENT MAYER: Read the
25 last section.
5518
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT MAYER: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT MAYER: Announce
7 the results.
8 THE SECRETARY: In relation to
9 Calendar 1595, voting in the negative are
10 Senators Canzoneri-Fitzpatrick, Harckham, Lanza,
11 Martinez, C. Ryan, Scarcella-Spanton, Skoufis and
12 Weik.
13 Ayes, 51. Nays, 8.
14 ACTING PRESIDENT MAYER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1610, Senate Print 3207A, by Senator Kavanagh, an
18 act to amend the Public Health Law.
19 ACTING PRESIDENT MAYER: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect one year after it shall
23 have become a law.
24 ACTING PRESIDENT MAYER: Call the
25 roll.
5519
1 (The Secretary called the roll.)
2 ACTING PRESIDENT MAYER: Announce
3 the results.
4 THE SECRETARY: In relation to
5 Calendar 1610, voting in the negative are
6 Senators Borrello, Lanza and Weik.
7 Ayes, 56. Nays, 3.
8 ACTING PRESIDENT MAYER: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1611, Senate Print 3231, by Senator Bailey,
12 Concurrent Resolution of the Senate and Assembly
13 proposing an amendment to Section 1 of Article 2
14 of the Constitution.
15 ACTING PRESIDENT MAYER: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MAYER: Senator
19 Bailey to explain his vote.
20 SENATOR BAILEY: Thank you,
21 Madam President.
22 This bill is a very simple bill. If
23 you are 17 and you turn 18 prior to when the
24 general election is going to be undertaken, you
25 will be able to vote in the primary election for
5520
1 state, county, city and village primaries. Very
2 simple.
3 But it's interesting, I see people
4 voting no. And all of us bring young people
5 regularly in this chamber, and we profess the
6 importance of civic importance in education. We
7 fund their programs, we laud them for the great
8 work they do. But if they're 17 and they happen
9 to turn 18 before the regular general election,
10 we don't want them to vote in the primary.
11 So I'm going to break this down.
12 Twenty-one states already do this,
13 Madam President, including liberal bastions such
14 as Mississippi, West Virginia, Nebraska and
15 Indiana. As a matter of fact, Madam President,
16 if we were to do this in a red or a blue state,
17 if you looked at the Electoral College in 2024,
18 11 of the 21 states that do this voted for
19 President Trump.
20 But, you know, we want to make sure
21 that everybody's voice is heard and vote is
22 counted. And so by the year 2028, millennials
23 and Gen Z voters will account for half of the
24 electorate. Why do we not want younger people to
25 be involved in the process?
5521
1 In New York City, 16-year-olds can
2 now be members of community boards, and it has
3 spiked youth engagement.
4 We want young people to be able to
5 populate these seats one day. But they can't do
6 it if they can't see it. And the reason how they
7 start seeing it, they start practicing by voting
8 early.
9 I vote aye, Madam President. And
10 hopefully by the time this comes around next year
11 some of my colleagues decide to vote in the
12 affirmative. I vote aye.
13 ACTING PRESIDENT MAYER: Senator
14 Lanza to explain his vote.
15 SENATOR LANZA: Yes,
16 Madam President. You know, I agree with
17 everything Senator Bailey said with respect to
18 17-year-olds finding themselves in that gap where
19 they'll be 18 years old at the time of the
20 general election.
21 My concern -- and if I'm incorrect,
22 then perhaps I'm not concerned. But there's also
23 a provision in the legislation as I read it that
24 says that the 30-day period of time that you must
25 reside in the state is removed in this
5522
1 legislation.
2 Which means, if I'm correct in my
3 reading, that you can come from another state for
4 a day, vote, and then go back to where you were.
5 Which means, in essence, you're not a New Yorker.
6 And so to the sponsor,
7 Madam President, that's my concern. That's why
8 I'll be voting down. If this was simply about
9 allowing 17-year-olds vote in advance of them
10 becoming -- being 18 in the general, I would be
11 in favor.
12 But for the reason I stated, I'm in
13 the negative.
14 ACTING PRESIDENT MAYER: Senator
15 Lanza to be recorded in the negative.
16 Announce the results.
17 THE SECRETARY: In relation to
18 Calendar 1611, voting in the negative are
19 Senators Ashby, Borrello, Canzoneri-Fitzpatrick,
20 Chan, Gallivan, Griffo, Helming, Lanza, Mattera,
21 Oberacker, O'Mara, Palumbo, Rhoads, Rolison,
22 Stec, Tedisco, Walczyk, Weber and Weik.
23 Ayes, 40. Nays, 19.
24 ACTING PRESIDENT MAYER: The bill
25 is passed.
5523
1 THE SECRETARY: Calendar Number
2 1612, Senate Print 3256A, by Senator Cooney, an
3 act to amend the Parks, Recreation and Historic
4 Preservation Law.
5 ACTING PRESIDENT MAYER: Read the
6 last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect on the 90th day after it
9 shall have become a law.
10 ACTING PRESIDENT MAYER: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT MAYER: Senator
14 Cooney to explain his vote.
15 SENATOR COONEY: Thank you,
16 Madam President.
17 In 2022, tragedy struck for
18 Casey Eldred when he was hit head-on by another
19 snowmobiler who was found to be under the
20 influence. Casey tragically lost his life,
21 leaving behind his children and his family.
22 Since then, Casey's family,
23 including his mother, my constituent,
24 Phyllis Romano-Eldred, have been pushing for
25 change to honor Casey's life but also to help
5524
1 increase safety for all New Yorkers. And that's
2 where this bill comes into play.
3 By establishing the crime of
4 aggravated snowmobiling while intoxicated and
5 raising those financial penalties, we are sending
6 a clear message that snowmobiling while under the
7 influence is unacceptable.
8 With this bill we're aligning our
9 snowmobile intoxication with existing levels in
10 our laws by operating a vehicle while
11 intoxicated. Operating a snowmobile should be
12 treated the same way as if you were driving a
13 car.
14 We have to ensure that a tragedy
15 like Casey's never happens in our state again,
16 and we have to ensure that no one has to fear for
17 their life while enjoying snowmobiling on the
18 many trails that New York offers.
19 Madam President, in Casey's honor I
20 vote aye.
21 ACTING PRESIDENT MAYER: Senator
22 Cooney to be recorded in the affirmative.
23 Announce the results.
24 THE SECRETARY: Ayes, 59.
25 ACTING PRESIDENT MAYER: The bill
5525
1 is passed.
2 THE SECRETARY: Calendar Number
3 1615, Assembly Bill Number 4014, by
4 Assemblymember McDonald, an act to amend the
5 County Law.
6 ACTING PRESIDENT MAYER: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect on the 180th day after it
10 shall have become a law.
11 ACTING PRESIDENT MAYER: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT MAYER: Announce
15 the results.
16 THE SECRETARY: Ayes, 59.
17 ACTING PRESIDENT MAYER: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1626, Senate Print 5168, by Senator Rolison, an
21 act to amend the Real Property Tax Law.
22 ACTING PRESIDENT MAYER: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
5526
1 ACTING PRESIDENT MAYER: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT MAYER: Announce
5 the results.
6 THE SECRETARY: In relation to
7 Calendar 1626, voting in the negative:
8 Senator Martinez.
9 Ayes, 58. Nays, 1.
10 ACTING PRESIDENT MAYER: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1630, Senate Print 5516A, by Senator Hinchey, an
14 act to amend the Railroad Law.
15 ACTING PRESIDENT MAYER: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the 30th day after it
19 shall have become a law.
20 ACTING PRESIDENT MAYER: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT MAYER: Announce
24 the results.
25 THE SECRETARY: In relation to
5527
1 Calendar 1630, voting in the negative:
2 Senator Walczyk.
3 Ayes, 58. Nays, 1.
4 ACTING PRESIDENT MAYER: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1633, Senate Print 6035, by Senator Parker, an
8 act to amend the Elder Law.
9 ACTING PRESIDENT MAYER: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT MAYER: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT MAYER: Announce
17 the results.
18 THE SECRETARY: Ayes, 59.
19 ACTING PRESIDENT MAYER: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1639, Senate Print 6959, by Senator Hinchey, an
23 act to amend the Social Services Law.
24 ACTING PRESIDENT MAYER: Read the
25 last section.
5528
1 THE SECRETARY: Section 2. This
2 act shall take effect on the first of April.
3 ACTING PRESIDENT MAYER: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT MAYER: Announce
7 the results.
8 THE SECRETARY: Ayes, 59.
9 ACTING PRESIDENT MAYER: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1641, Senate Print 7111A, by Senator Harckham, an
13 act to amend the Election Law.
14 ACTING PRESIDENT MAYER: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT MAYER: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT MAYER: Announce
22 the results.
23 THE SECRETARY: In relation to
24 Calendar 1641, voting in the negative are
25 Senators Ashby, Borrello, Canzoneri-Fitzpatrick,
5529
1 Chan, Gallivan, Griffo, Helming, Lanza, Martins,
2 Mattera, Oberacker, O'Mara, Ortt, Palumbo,
3 Rhoads, Rolison, Stec, Tedisco, Walczyk, Weber
4 and Weik.
5 Ayes, 38. Nays, 21.
6 ACTING PRESIDENT MAYER: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1642, Assembly Bill Number 7312, by
10 Assemblymember Woerner, an act authorizing the
11 Commissioner of General Services to transfer and
12 convey certain lands in the Town of Wilton,
13 County of Saratoga, to the Veterans and Community
14 Housing Coalition.
15 ACTING PRESIDENT MAYER: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MAYER: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT MAYER: Senator
23 Fahy to explain her vote.
24 SENATOR FAHY: Thank you,
25 Madam Speaker.
5530
1 I'm rising to vote in the
2 affirmative on this important legislation and
3 commend the sponsor for his work on this in
4 support of veterans and community housing, which
5 is so critical for our veterans who we owe an
6 immense debt of gratitude to.
7 And today I want to note, given the
8 significance of passing this bill today, it
9 reminds me of one of our probably most
10 distinguished veterans here in the Capital
11 Region, and that is Sergeant Henry Johnson.
12 Just yesterday we learned that the
13 fort that had been named in his honor is about to
14 be rechanged again, back to the original name.
15 Let me back up and say
16 Sergeant Henry Johnson was a Medal of Honor
17 recipient right from here in Albany. He was a
18 World War I veteran, and President Theodore
19 Roosevelt described him as one of the five
20 bravest Americans to ever serve in World War I.
21 Yet it took decades of work to get
22 him that Medal of Honor, including by
23 Senator Schumer. In 2023, a bipartisan
24 commission renamed Fort Polk after Henry Johnson,
25 in honor of his service.
5531
1 That has just been changed again
2 back to Fort Polk, who was a Confederate general.
3 I just wanted to make note of it
4 because I do think it's important that we honor
5 all of our veterans. And while this bill is
6 helping to serve current veterans, it is
7 important that we remember the extraordinary
8 history. And he was not recognized in his
9 lifetime after World War I because of the color
10 of his skin. He was a Black Medal of Honor
11 winner.
12 And with that, again, I support this
13 important legislation and honor all of our
14 veterans.
15 Thank you, Madam Speaker.
16 ACTING PRESIDENT MAYER: Senator
17 Fahy to be recorded in the affirmative.
18 Announce the results.
19 THE SECRETARY: Ayes, 59.
20 ACTING PRESIDENT MAYER: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1645, Senate Print 7541, by Senator Bynoe, an act
24 to amend the Real Property Law.
25 ACTING PRESIDENT MAYER: Read the
5532
1 last section.
2 THE SECRETARY: Section 5. This
3 act shall take effect on the 180th day after it
4 shall have become a law.
5 ACTING PRESIDENT MAYER: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT MAYER: Announce
9 the results.
10 THE SECRETARY: In relation to
11 Calendar 1645, voting in the negative:
12 Senator Oberacker.
13 Ayes, 58. Nays, 1.
14 ACTING PRESIDENT MAYER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1647, Senate Print 7690, by Senator Gianaris, an
18 act to amend the Public Health Law.
19 ACTING PRESIDENT MAYER: Read the
20 last section.
21 THE SECRETARY: Section 5. This
22 act shall take effect on the 180th day after it
23 shall have become a law.
24 ACTING PRESIDENT MAYER: Call the
25 roll.
5533
1 (The Secretary called the roll.)
2 ACTING PRESIDENT MAYER: Announce
3 the results.
4 THE SECRETARY: In relation to
5 Calendar 1647, voting in the negative are
6 Senators Chan, Lanza, Walczyk and Weik.
7 Ayes, 55. Nays, 4.
8 ACTING PRESIDENT MAYER: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1649, Senate Print 7728, by Senator Skoufis, an
12 act to amend the Public Health Law.
13 ACTING PRESIDENT MAYER: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT MAYER: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT MAYER: Announce
21 the results.
22 THE SECRETARY: Ayes, 59.
23 ACTING PRESIDENT MAYER: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
5534
1 1652, Senate Print 7980, by Senator Gounardes, an
2 act to amend the Real Property Tax Law.
3 ACTING PRESIDENT MAYER: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MAYER: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT MAYER: Announce
11 the results.
12 THE SECRETARY: In relation to
13 Calendar 1652, voting in the negative are
14 Senators Ashby, Borrello, Canzoneri-Fitzpatrick,
15 Chan, Griffo, Helming, Lanza, Martins, Mattera,
16 O'Mara, Ortt, Palumbo, Rhoads, Rolison, Stec,
17 Walczyk and Weik.
18 Ayes, 42. Nays, 17.
19 ACTING PRESIDENT MAYER: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1655, Senate Print 8197, by Senator Brisport, an
23 act to amend the Family Court Act.
24 ACTING PRESIDENT MAYER: Read the
25 last section.
5535
1 THE SECRETARY: Section 7. This
2 act shall take effect on the 90th day after it
3 shall have become a law.
4 ACTING PRESIDENT MAYER: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT MAYER: Announce
8 the results.
9 THE SECRETARY: In relation to
10 Calendar 1655, voting in the negative are
11 Senators Borrello, Griffo, Oberacker, Rhoads and
12 Stec.
13 Ayes, 54. Nays, 5.
14 ACTING PRESIDENT MAYER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1656, Senate Print 8201A, by Senator Martins, an
18 act to amend Chapter 280 of the Laws of 2016.
19 ACTING PRESIDENT MAYER: There is a
20 home-rule message at the desk.
21 Read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MAYER: Call the
25 roll.
5536
1 (The Secretary called the roll.)
2 ACTING PRESIDENT MAYER: Announce
3 the results.
4 THE SECRETARY: In relation to
5 Calendar 1656, voting in the negative:
6 Senator Brisport.
7 Ayes, 58. Nays, 1.
8 ACTING PRESIDENT MAYER: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1657, Senate Print 8237, by Senator Parker, an
12 act to amend the Public Authorities Law.
13 ACTING PRESIDENT MAYER: Read the
14 last section.
15 THE SECRETARY: Section 5. This
16 act shall take effect immediately.
17 ACTING PRESIDENT MAYER: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT MAYER: Announce
21 the results.
22 THE SECRETARY: In relation to
23 Calendar 1657, voting in the negative are
24 Senators Borrello, Lanza, O'Mara, Ortt and
25 Walczyk.
5537
1 Ayes, 54. Nays, 5.
2 ACTING PRESIDENT MAYER: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1658, Senate Print 8238, by Senator Addabbo, an
6 act to amend the Racing, Pari-Mutuel Wagering and
7 Breeding Law.
8 ACTING PRESIDENT MAYER: Read the
9 last section.
10 THE SECRETARY: Section 3. This
11 act shall take effect on the 180th day after it
12 shall have become a law.
13 ACTING PRESIDENT MAYER: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT MAYER: Announce
17 the results.
18 THE SECRETARY: Ayes, 59.
19 ACTING PRESIDENT MAYER: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1659, Senate Print 8255, by Senator Serrano, an
23 act to amend the State Finance Law.
24 ACTING PRESIDENT MAYER: Read the
25 last section.
5538
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT MAYER: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT MAYER: Announce
7 the results.
8 THE SECRETARY: Ayes, 59.
9 ACTING PRESIDENT MAYER: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1660, Assembly Bill Number 8299, by
13 Assemblymember Lavine, an act to amend the
14 Domestic Relations Law.
15 ACTING PRESIDENT MAYER: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the 60th day after it
19 shall have become a law.
20 ACTING PRESIDENT MAYER: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT MAYER: Senator
24 Webb to explain her vote.
25 SENATOR WEBB: Thank you,
5539
1 Madam President. I rise to explain my vote.
2 This legislation will strengthen the
3 protections already in place during divorce
4 proceedings. Given the unanimous approval, it
5 sounds likes this is resonating with a lot of
6 folks.
7 But right now our law includes
8 what's called automatic orders, which are rules
9 which prevent either spouses from moving money
10 around or selling property once a divorce case
11 begins. These orders help make sure the process
12 is fair, and they stop one side from hurting the
13 other financially.
14 There are two problems in the
15 current law, and this bill attempts to fix them.
16 First, it doesn't require a spouse
17 to tell the other if something happens such as a
18 foreclosure, a bankruptcy, or a lawsuit that
19 could affect the couple's property. That means
20 one person could get a legal notice and the other
21 might not even -- would never know even if their
22 home is at risk.
23 This legislation would change that
24 by requiring one spouse to tell the other within
25 10 days if a notice is given.
5540
1 Madam President, second, the law
2 says these automatic orders stay in place during
3 the case, but that wording has caused confusion.
4 Some people think the rules end once the trial is
5 over or even if the judge hasn't issued a
6 decision yet. That period in between can last
7 weeks or even months.
8 These are practical and necessary
9 updates to a law that already does a lot of good.
10 They close loopholes, prevent misunderstandings,
11 and help people going through divorce avoid even
12 more stress and financial harm.
13 I vote aye, and I encourage my
14 colleagues to do the same.
15 Thank you, Madam President.
16 ACTING PRESIDENT PERSAUD: Senator
17 Webb to be recorded in the affirmative.
18 Announce the results.
19 THE SECRETARY: In relation to
20 Calendar 1660, voting in the negative are
21 Senators Gallivan, Griffo, O'Mara, Ortt, Stec,
22 Tedisco, Walczyk and Weik. Also Senator
23 Canzoneri-Fitzpatrick.
24 Ayes, 50. Nays, 9.
25 ACTING PRESIDENT PERSAUD: The bill
5541
1 is passed.
2 Senator Gianaris, that completes the
3 reading of today's active list.
4 SENATOR GIANARIS: Thank you,
5 Madam President.
6 At this time I believe there's a
7 report of the Rules Committee at the desk. Can
8 we take that up, please.
9 (Pause.)
10 SENATOR GIANARIS: Madam President,
11 it occurs to me that five bills on the
12 supplemental calendar were laid aside in Rules.
13 And so as we go through the
14 calendar, Calendar Numbers 1820, 1827, 1860,
15 1861, and 1863 were on the calendar in error. So
16 we'll just skip over those when we do the
17 calendar, please.
18 ACTING PRESIDENT PERSAUD: The
19 Secretary will read.
20 THE SECRETARY: Senator
21 Stewart-Cousins, from the Committee on Rules,
22 reports the following bills:
23 Senate Print 277A, by
24 Senator Skoufis, an act to amend the Town Law;
25 Senate Print 278, by
5542
1 Senator Skoufis, an act to amend the
2 Social Services Law;
3 Senate Print 441A, by Senator Myrie,
4 an act to amend the Election Law;
5 Senate Print 1012A, by
6 Senator Brouk, an act to amend the
7 Public Service Law;
8 Senate Print 1162A, by
9 Senator Krueger, an act to amend the
10 General Business Law;
11 Senate Print 1280B, by
12 Senator Krueger, an act to amend the
13 General Business Law;
14 Senate Print 1343A, by
15 Senator Parker, an act to amend the
16 Environmental Conservation Law;
17 Senate Print 1455A, by
18 Senator Kavanagh, an act to amend the
19 Executive Law;
20 Senate Print 2105A, by
21 Senator Cooney, an act to amend the
22 Insurance Law;
23 Senate Print 2457B, by
24 Senator Ramos, an act to amend the
25 Public Authorities Law;
5543
1 Senate Print 3073A, by
2 Senator Gianaris, an act to amend the
3 Agriculture and Markets Law;
4 Senate Print 3103, by
5 Senator Cooney, an act directing the Commissioner
6 of Motor Vehicles to conduct a study of official
7 inspection stations;
8 Senate Print 3243A, by
9 Senator Cooney, an act to amend the
10 Social Services Law;
11 Senate Print 3282A, by Senator S.
12 Ryan, an act in relation to authorizing the
13 discontinuance of certain parklands in the
14 Town of Amherst;
15 Senate Print 3488, by
16 Senator Jackson, an act to amend the
17 Retirement and Social Security Law;
18 Senate Print 4045C, by
19 Senator Gounardes, an act to amend the
20 Vehicle and Traffic Law;
21 Senate Print 4552A, by Senator Fahy,
22 an act to amend the Public Health Law;
23 Senate Print 4599, by
24 Senator Jackson, an act to amend the
25 Retirement and Social Security Law;
5544
1 Senate Print 5003, by
2 Senator Hinchey, an act to amend the
3 Public Authorities Law;
4 Senate Print 5381B, by
5 Senator Harckham, an act to amend the
6 Public Health Law;
7 Senate Print 5525, by
8 Senator Harckham, an act to amend the
9 General Municipal Law;
10 Senate Print 5536, by
11 Senator Mattera, an act authorizing the County of
12 Suffolk to alienate certain lands used as
13 parklands;
14 Senate Print 5557A, by Senator May,
15 an act in relation to authorizing the
16 Jamesville-DeWitt Central School District to
17 discontinue the use of school district-owned
18 parklands;
19 Senate Print 5568B, by Senator Fahy,
20 an act to amend the Transportation Law;
21 Senate Print 5726, by
22 Senator Skoufis, an act to amend the
23 Retirement and Social Security Law;
24 Senate Print 5759C, by
25 Senator Harckham, an act to amend the
5545
1 Environmental Conservation Law;
2 Senate Print 5928, by
3 Senator Martins, an act granting retroactive
4 membership with Tier IV status in the New York
5 State and Local Employees' Retirement System to
6 Dawn Ward;
7 Senate Print 6573A, by
8 Senator Hinchey, an act to amend the
9 Agriculture and Markets Law;
10 Senate Print 6626A, by
11 Senator Baskin, an act to amend the
12 Economic Development Law;
13 Senate Print 6627, by
14 Senator Canzoneri-Fitzpatrick, an act to amend
15 the Vehicle and Traffic Law;
16 Senate Print 6690, by
17 Senator Cooney, an act to authorize the County of
18 Monroe to offer an optional 20-year retirement
19 plan to Christopher R. Fay;
20 Senate Print 6691, by
21 Senator Cooney, an act to authorize the County of
22 Monroe to offer an optional 20-year retirement
23 plan to Gregory M. Prokop;
24 Senate Print 6692, by
25 Senator Cooney, an act to authorize the County of
5546
1 Monroe to offer an optional 20-year retirement
2 plan to Carl J. Zimmerman;
3 Senate Print 7054, by
4 Senator Cooney, an act to authorize the granting
5 of retirement service credit in the optional
6 20-year retirement plan to Duane A. Palma;
7 Senate Print 7384, by Senator C.
8 Ryan, an act in relation to authorizing the
9 Onondaga County Sheriffs Department, in the
10 County of Onondaga, to offer the optional 20-year
11 retirement plan to Deputy Sheriffs Brittany E.
12 Dorn, Noah C. Hunt, Daniel D. Lorenzini,
13 Gordon J. Lopez, Tre C. Fesinger, Christopher L.
14 Van Dusen.
15 Senate Print 7493A, by Senator Ortt,
16 an act in relation to authorizing the Town of
17 Niagara to alienate and discontinue the use of
18 certain parklands;
19 Senate Print 7500A, by
20 Senator Harckham, an act to amend the
21 Vehicle and Traffic Law;
22 Senate Print 7501A, by
23 Senator Mayer, an act to amend the
24 General Municipal Law;
25 Senate Print 7537, by
5547
1 Senator Hinchey, an act authorizing the
2 Town of Hurley to alienate certain parklands for
3 use as a highway garage;
4 Senate Print 7538, by Senator Weber,
5 an act in relation to authorizing the
6 Village of Nyack to alienate and discontinue the
7 use of certain parklands;
8 Senate Print 7606A, by
9 Senator Mattera, an act to amend Chapter 7 of the
10 Laws of 1955;
11 Senate Print 7638A, by
12 Senator Hinchey, an act to amend the
13 General Municipal Law;
14 Senate Print 7677A, by
15 Senator Skoufis, an act to amend the Town Law;
16 Senate Print 7683, by
17 Senator Helming, an act to amend the
18 Alcoholic Beverage Control Law;
19 Senate Print 7785, by
20 Senator Bailey, an act to amend the
21 Vehicle and Traffic Law;
22 Senate Print 7791A, by
23 Senator Harckham, an act to amend the
24 Vehicle and Traffic Law;
25 Senate Print 7834A, by Senator Webb,
5548
1 an act in relation to authorizing the
2 Town of Ithaca to alienate and discontinue the
3 use of certain parklands;
4 Senate Print 7847, by Senator Webb,
5 an act in relation to authorizing
6 Kevin R. Noterfonzo to receive certain service
7 credit under a 20-year retirement plan;
8 Senate Print 7848, by Senator Webb,
9 an act to authorize the County of Tompkins to
10 offer an optional 20-year retirement plan to
11 Bryan Jolly;
12 Senate Print 7849, by Senator Webb,
13 an act in relation to authorizing the
14 County of Tompkins to offer an optional 20-year
15 retirement plan to Kyle Davenport;
16 Senate Print 7854, by
17 Senator Palumbo, an act in relation to granting
18 retroactive Tier II membership in the New York
19 State and Local Police and Fire Retirement System
20 to Giuseppe T. Rosini;
21 Senate Print 7873A, by
22 Senator Palumbo, an act in relation to
23 authorizing the Town of Brookhaven,
24 County of Suffolk, to alienate and discontinue
25 the use of certain parklands;
5549
1 Senate Print 7899A, by
2 Senator Hinchey, an act to amend the
3 Public Authorities Law;
4 Senate Print 7911, by Senator Webb,
5 an act in relation to authorizing
6 Daniel H. Austic to receive certain service
7 credit under a 20-year retirement plan;
8 Senate Print 8009A, by
9 Senator Canzoneri-Fitzpatrick, an act in relation
10 to authorizing the Village of Malverne to
11 alienate and discontinue the use of certain
12 parklands;
13 Senate Print 8041, by Senator Fahy,
14 an act to amend Chapter 434 of the Laws of 2022;
15 Senate Print 8046A, by
16 Senator Bynoe, an act to amend the
17 Emergency Tenant Protection Act;
18 Senate Print 8063A, by
19 Senator Gounardes, an act to amend the
20 General City Law;
21 Senate Print 8088, by
22 Senator Griffo, an act to authorize Scott Hoag
23 to receive certain service credit under
24 Section 384-d of the Retirement and
25 Social Security Law;
5550
1 Senate Print 8164, by Senator Weber,
2 an act in relation to authorizing the County of
3 Rockland to offer an optional 20-year retirement
4 plan to John F. Leonard, Jr.;
5 Senate Print 8172B, by
6 Senator Cleare, an act to amend the
7 Correction Law;
8 Senate Print 8194, by
9 Senator Helming, an act in relation to
10 authorizing Heath A. Wadhams to take the
11 competitive civil service examination for the
12 position of police officer;
13 Senate Print 8208A, by
14 Senator Weber, an act in relation to authorizing
15 the County of Rockland to offer an optional
16 20-year retirement plan to Matthew Donovan;
17 Senate Print 8210A, by
18 Senator Brouk, an act to amend the Executive Law;
19 Senate Print 8219, by Senator Webb,
20 an act in relation to authorizing
21 Mackenzie M. Covert to receive certain service
22 credit under a 20-year retirement plan;
23 Senate Print 8390, by
24 Senator Kavanagh, an act to amend subpart A of
25 Part BB of Chapter 56 of the Laws of 2021;
5551
1 Senate Print 8396, by
2 Senator Gianaris, an act to amend Chapter 704 of
3 the Laws of 1991.
4 All bills reported direct to third
5 reading.
6 SENATOR GIANARIS: Move to accept
7 the report of the Rules Committee.
8 ACTING PRESIDENT PERSAUD: All
9 those in favor of accepting the report of the
10 Rules Committee please signify by saying aye.
11 (Response of "Aye.")
12 ACTING PRESIDENT PERSAUD: Opposed,
13 nay?
14 (Response of "Nay.")
15 ACTING PRESIDENT PERSAUD: The
16 report of the Rules Committee is accepted.
17 Senator Gianaris.
18 SENATOR GIANARIS: I believe we
19 have some messages from the Assembly.
20 ACTING PRESIDENT PERSAUD: The
21 Secretary will read.
22 THE SECRETARY: Senator Skoufis
23 moves to discharge, from the Committee on
24 Children and Families, Assembly Bill Number 612
25 and substitute it for the identical Senate
5552
1 Bill 278, Third Reading Calendar 1794.
2 Senator Cooney moves to discharge,
3 from the Committee on Insurance, Assembly Bill
4 Number 3986A and substitute it for the identical
5 Senate Bill 2105A, Third Reading Calendar 1801.
6 Senator Cooney moves to discharge,
7 from the Committee on Transportation,
8 Assembly Bill Number 468 and substitute it for
9 the identical Senate Bill 3103, Third Reading
10 Calendar 1804.
11 Senator S. Ryan moves to discharge,
12 from the Committee on Rules, Assembly Bill
13 Number 4030A and substitute it for the identical
14 Senate Bill 3282A, Third Reading Calendar 1806.
15 Senator Harckham moves to discharge,
16 from the Committee on Rules, Assembly Bill
17 Number 6558A and substitute it for the identical
18 Senate Bill 5381B, Third Reading Calendar 1812.
19 Senator Harckham moves to discharge,
20 from the Committee on Local Government,
21 Assembly Bill Number 810 and substitute it for
22 the identical Senate Bill 5525, Third Reading
23 Calendar 1813.
24 Senator May moves to discharge, from
25 the Committee on Rules, Assembly Bill
5553
1 Number 3949A, and substitute it for the identical
2 Senate Bill 5557A, Third Reading Calendar 1815.
3 Senator Fahy moves to discharge,
4 from the Committee on Rules, Assembly Bill
5 Number 3938B and substitute it for the identical
6 Senate Bill 5568, Third Reading Calendar 1816.
7 Senator Skoufis moves to discharge,
8 from the Committee on Rules, Assembly Bill
9 Number 6756 and substitute it for the identical
10 Senate Bill 5726, Third Reading Calendar 1817.
11 Senator Canzoneri-Fitzpatrick moves
12 to discharge, from the Committee on Rules,
13 Assembly Bill Number 7351 and substitute it for
14 the identical Senate Bill 6627, Third Reading
15 Calendar 1823.
16 Senator Cooney moves to discharge,
17 from the Committee on Rules, Assembly Bill
18 Number 6298 and substitute it for the identical
19 Senate Bill 6690, Third Reading Calendar 1824.
20 Senator Cooney moves to discharge,
21 from the Committee on Rules, Assembly Bill
22 Number 6274 and substitute it for the identical
23 Senate Bill 6691, Third Reading Calendar 1825.
24 Senator Cooney moves to discharge,
25 from the Committee on Rules, Assembly Bill
5554
1 Number 6300 and substitute it for the identical
2 Senate Bill 6692, Third Reading Calendar 1826.
3 Senator Cooney moves to discharge,
4 from the Committee on Rules, Assembly Bill
5 Number 6279 and substitute it for the identical
6 Senate Bill 7054, Third Reading Calendar 1828.
7 Senator Ryan moves to discharge,
8 from the Committee on Rules, Assembly Bill
9 Number 7934 and substitute it for the identical
10 Senate Bill 7384, Third Reading Calendar 1829.
11 Senator Harckham moves to discharge,
12 from the Committee on Rules, Assembly Bill
13 Number 8227A and substitute it for the identical
14 Senate Bill 7500A, Third Reading Calendar 1831.
15 Senator Hinchey moves to discharge,
16 from the Committee on Rules, Assembly Bill
17 Number 8146 and substitute it for the identical
18 Senate Bill 7537, Third Reading Calendar 1833.
19 Senator Mattera moves to discharge,
20 from the Committee on Rules, Assembly Bill
21 Number 6956A and substitute it for the identical
22 Senate Bill 7606A, Third Reading Calendar 1835.
23 Senator Webb moves to discharge,
24 from the Committee on Rules, Assembly Bill
25 Number 8371A and substitute it for the identical
5555
1 Senate Bill 7834A, Third Reading Calendar 1841.
2 Senator Fahy moves to discharge,
3 from the Committee on Rules, Assembly Bill
4 Number 8620 and substitute it for the identical
5 Senate Bill 8041, Third Reading Calendar 1850.
6 Senator Gounardes moves to
7 discharge, from the Committee on Rules,
8 Assembly Bill Number 8676 and substitute it for
9 the identical Senate Bill 8063A, Third Reading
10 Calendar 1852.
11 Senator Griffo moves to discharge,
12 from the Committee on Rules, Assembly Bill
13 Number 8489 and substitute it for the identical
14 Senate Bill 8088, Third Reading Calendar 1853.
15 ACTING PRESIDENT PERSAUD: So
16 ordered.
17 (Pause.)
18 SENATOR GIANARIS: Madam President,
19 let's take up the supplemental calendar at this
20 time.
21 ACTING PRESIDENT PERSAUD: The
22 Secretary will read.
23 THE SECRETARY: Calendar Number
24 1793, Senate Print 277A, by Senator Skoufis, an
25 act to amend the Town Law.
5556
1 ACTING PRESIDENT PERSAUD: Read the
2 last section.
3 THE SECRETARY: Section 4. This
4 act shall take effect immediately.
5 ACTING PRESIDENT PERSAUD: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT PERSAUD: Announce
9 the results.
10 THE SECRETARY: In relation to
11 Calendar 1793, voting in the negative are
12 Senators Ashby, Borrello, Canzoneri-Fitzpatrick,
13 Chan, Gallivan, Griffo, Helming, Martinez,
14 Martins, Mattera, Oberacker, O'Mara, Ortt,
15 Rhoads, Scarcella-Spanton, Stec, Tedisco, Weber
16 and Weik.
17 Ayes, 40. Nays, 19.
18 ACTING PRESIDENT PERSAUD: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1794, Assembly Bill Number 612, by
22 Assemblymember Hevesi, an act to amend the
23 Social Services Law.
24 ACTING PRESIDENT PERSAUD: Read the
25 last section.
5557
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT PERSAUD: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT PERSAUD: Announce
7 the results.
8 THE SECRETARY: In relation to
9 Calendar 1794, voting in the negative:
10 Senator Ortt.
11 Ayes, 58. Nays, 1.
12 ACTING PRESIDENT PERSAUD: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1795, Senate Print 441A, by Senator Myrie, an act
16 to amend the Election Law.
17 ACTING PRESIDENT PERSAUD: Read the
18 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 PERSAUD: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT PERSAUD: Announce
5558
1 the results.
2 THE SECRETARY: In relation to
3 Calendar 1795, voting in the negative are
4 Senators Borrello, Canzoneri-Fitzpatrick, Chan,
5 Gallivan, Griffo, Martins, O'Mara, Ortt, Rhoads,
6 Stec, Walczyk and Weik.
7 Ayes, 47. Nays, 12.
8 ACTING PRESIDENT PERSAUD: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1796, Senate Print 1012A, by Senator Brouk, an
12 act to amend the Public Service Law.
13 ACTING PRESIDENT PERSAUD: Read the
14 last section.
15 THE SECRETARY: Section 3. This
16 act shall take effect on the 90th day after it
17 shall have become a law.
18 ACTING PRESIDENT PERSAUD: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT PERSAUD: Announce
22 the results.
23 THE SECRETARY: In relation to
24 Calendar 1796, voting in the negative:
25 Senator Walczyk.
5559
1 Ayes, 58. Nays, 1.
2 ACTING PRESIDENT PERSAUD: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1797, Senate Print 1162A, by Senator Krueger, an
6 act to amend the General Business Law.
7 ACTING PRESIDENT PERSAUD: Read the
8 last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect on the 180th day after it
11 shall have become a law.
12 ACTING PRESIDENT PERSAUD: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT PERSAUD: Announce
16 the results.
17 THE SECRETARY: In relation to
18 Calendar 1797, voting in the negative are
19 Senators Ashby, Borrello, Canzoneri-Fitzpatrick,
20 Chan, Gallivan, Griffo, Helming, Lanza, Martins,
21 Mattera, Oberacker, O'Mara, Ortt, Rolison, Stec,
22 Tedisco, Weber and Weik.
23 Ayes, 41. Nays, 18.
24 ACTING PRESIDENT PERSAUD: The bill
25 is passed.
5560
1 THE SECRETARY: Calendar Number
2 1798, Senate Print 1280B, by Senator Krueger, an
3 act to amend the General Business Law.
4 ACTING PRESIDENT PERSAUD: Read the
5 last section.
6 THE SECRETARY: Section 4. This
7 act shall take effect one year after it shall
8 have become a law.
9 ACTING PRESIDENT PERSAUD: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT PERSAUD: Senator
13 Krueger to explain her vote.
14 SENATOR KRUEGER: Thank you very
15 much, Madam President.
16 I doubt I'm going to convince my
17 colleagues here who are voting no to vote yes.
18 But I just want to ask you, after session, when
19 you have some time, read through the endless bill
20 memos of support by medical and scientific --
21 bless you, whoever's sneezing -- experts.
22 This is not a banning-gas-stoves
23 bill. It does not ban anything from being sold.
24 It is an educational document, like we use for
25 other appliances and cigarettes, warning you of
5561
1 the risks of indoor gas stoves without the
2 correct ventilation. And these are real health
3 hazards, particularly for older people, for
4 children, for people with respiratory illnesses.
5 And all this bill does is let them have some
6 information so that they can make their own
7 decision.
8 I vote yes. Thank you,
9 Madam President.
10 ACTING PRESIDENT PERSAUD: Senator
11 Krueger to be recorded in the affirmative.
12 Announce the results.
13 THE SECRETARY: In relation to
14 Calendar 1798, voting in the negative are
15 Senators Ashby, Borrello, Canzoneri-Fitzpatrick,
16 Chan, Cooney, Gallivan, Helming, Lanza, Martins,
17 Mattera, O'Mara, Ortt, Rhoads, Rolison, S. Ryan,
18 Scarcella-Spanton, Skoufis, Stec, Tedisco,
19 Walczyk, Weber and Weik. And Senator Griffo.
20 Ayes, 36. Nays, 23.
21 ACTING PRESIDENT PERSAUD: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1799, Senate Print 1343A, by Senator Parker, an
25 act to amend the Environmental Conservation Law.
5562
1 ACTING PRESIDENT PERSAUD: Read the
2 last section.
3 THE SECRETARY: Section 4. This
4 act shall take effect immediately.
5 ACTING PRESIDENT PERSAUD: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT PERSAUD: Announce
9 the results.
10 THE SECRETARY: In relation to
11 Calendar 1799, voting in the negative are
12 Senators Borrello, Brisport, Gallivan, Griffo,
13 Helming, Krueger, Lanza, Mattera, May, Oberacker,
14 O'Mara, Ortt, Salazar, Stec, Walczyk, Webb and
15 Weik.
16 Ayes, 42. Nays, 17.
17 ACTING PRESIDENT PERSAUD: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1800, Senate Print 1455A, by Senator Kavanagh, an
21 act to amend the Executive Law.
22 ACTING PRESIDENT PERSAUD: Read the
23 last section.
24 THE SECRETARY: Section 4. This
25 act shall take effect immediately.
5563
1 ACTING PRESIDENT PERSAUD: Call the
2 roll.
3 (The Secretary called the roll.)
4 (Pause.)
5 SENATOR GIANARIS: Madam President.
6 ACTING PRESIDENT PERSAUD: Senator
7 Gianaris.
8 SENATOR GIANARIS: I believe the
9 bill before us now was amended just Monday, so
10 it's high and should be laid aside until
11 tomorrow.
12 ACTING PRESIDENT PERSAUD: Calendar
13 1800 is high and will be laid aside for the day.
14 THE SECRETARY: Calendar Number
15 1801, Assembly Bill Number 3986A, by
16 Assemblymember Bores, an act to amend the
17 Insurance Law.
18 ACTING PRESIDENT PERSAUD: Read the
19 last section.
20 THE SECRETARY: Section 4. This
21 act shall take effect on the 180th day after it
22 shall have become a law.
23 ACTING PRESIDENT PERSAUD: Call the
24 roll.
25 (The Secretary called the roll.)
5564
1 ACTING PRESIDENT PERSAUD: Senator
2 Cooney to explain his vote.
3 SENATOR COONEY: Thank you,
4 Madam President.
5 This bill would give physicians,
6 dentists and other providers a meaningful choice
7 to make whether to accept virtual credit card
8 payments or to reject it and demand payments be
9 made through traditional no-cost electronic funds
10 transfer or payment papers.
11 It also guarantees that the
12 physician, the dentist or the provider has the
13 right to change their mind at a later date in
14 writing and require a health plan to honor it by
15 requiring the provider to elect to agree to a
16 payment by virtual credit card. They can't
17 simply bury it in a dense provider contract.
18 I want to thank the Majority Leader
19 for bringing this bill to the floor.
20 And with that, Madam President, I
21 vote aye.
22 ACTING PRESIDENT PERSAUD: Senator
23 Cooney to be recorded in the affirmative.
24 Announce the results.
25 THE SECRETARY: Ayes, 59.
5565
1 ACTING PRESIDENT PERSAUD: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1802, Senate Print 2457B, by Senator Ramos, an
5 act to amend the Public Authorities Law.
6 ACTING PRESIDENT PERSAUD: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT PERSAUD: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT PERSAUD: Announce
14 the results.
15 THE SECRETARY: In relation to
16 Calendar 1802, voting in the negative are
17 Senators Martins, Oberacker and Walczyk.
18 Ayes, 56. Nays, 3.
19 ACTING PRESIDENT PERSAUD: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1803, Senate Print 3073A, by Senator Gianaris, an
23 act to amend the Agriculture and Markets Law.
24 ACTING PRESIDENT PERSAUD: Read the
25 last section.
5566
1 THE SECRETARY: Section 2. This
2 act shall take effect on the 120th day after it
3 shall have become a law.
4 ACTING PRESIDENT PERSAUD: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT PERSAUD: Announce
8 the results.
9 THE SECRETARY: Ayes, 59.
10 ACTING PRESIDENT PERSAUD: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1804, Assembly Bill Number 468, by
14 Assemblymember Magnarelli, an act directing the
15 Commissioner of Motor Vehicles to conduct a study
16 of official inspection stations.
17 ACTING PRESIDENT PERSAUD: Read the
18 last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect on the 30th day after it
21 shall have become a law.
22 ACTING PRESIDENT PERSAUD: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT PERSAUD: Announce
5567
1 the results.
2 THE SECRETARY: Ayes, 59.
3 ACTING PRESIDENT PERSAUD: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1805, Senate Print 3243A, by Senator Cooney, an
7 act to amend the Social Services Law.
8 ACTING PRESIDENT PERSAUD: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT PERSAUD: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT PERSAUD: Senator
16 Cooney to explain his vote.
17 SENATOR COONEY: Thank you,
18 Madam President.
19 When we talk about equity, one of
20 the areas that is too often neglected is access
21 to dental care in New York. According to the
22 American Dental Association, about one-third of
23 Americans don't visit the dentist due to barriers
24 to care. These barriers are especially prevalent
25 in low-income communities, to worse overall
5568
1 health outcomes for those who need it most.
2 In my district and perhaps in some
3 of my colleagues' districts, it can take two to
4 three years for a patient to have access to their
5 dentist.
6 Children who receive dental care
7 perform better in school, as they don't need to
8 miss vital school hours for emergency health
9 procedures. The same is true for those
10 New Yorkers on Medicaid. Very few dental
11 providers accept Medicaid anymore. I talked to
12 all of my colleagues about this issue in their
13 districts.
14 One of the exceptions in my district
15 is the University of Rochester, who has made
16 equitable access to care one of their top
17 priorities. This bill is about supporting their
18 work and embracing innovation and technology and
19 continuing to expand dental coverage to those who
20 need it most.
21 This bill creates a five-year
22 demonstration program in Monroe County, where
23 diagnostic services associated with the use of
24 the Smart Teeth app can help identify tooth decay
25 and would be reimbursed. If successful, this
5569
1 program could be rolled out statewide, helping
2 address this issue in all of our districts.
3 I want to thank the Majority Leader
4 for moving this bill.
5 And with that, Madam President, I
6 vote aye.
7 ACTING PRESIDENT PERSAUD: Senator
8 Cooney to be recorded in the affirmative.
9 Announce the results.
10 THE SECRETARY: Ayes, 59.
11 ACTING PRESIDENT PERSAUD: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1806, Assembly Bill Number 4030A, by
15 Assemblymember McMahon, an act in relation to
16 authorizing the discontinuance of certain
17 parklands in the Town of Amherst.
18 ACTING PRESIDENT PERSAUD: There is
19 a home-rule message at the desk.
20 Read the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT PERSAUD: Call the
24 roll.
25 (The Secretary called the roll.)
5570
1 ACTING PRESIDENT PERSAUD: Announce
2 the results.
3 THE SECRETARY: In relation to
4 Calendar 1806, voting in the negative:
5 Senator Fahy.
6 Ayes, 58. Nays, 1.
7 ACTING PRESIDENT PERSAUD: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1807, Senate Print 3488, by Senator Jackson, an
11 act to amend the Retirement and Social Security
12 Law.
13 ACTING PRESIDENT PERSAUD: There is
14 a home-rule message at the desk.
15 Read the last section.
16 THE SECRETARY: Section 5. This
17 act shall take effect immediately.
18 ACTING PRESIDENT PERSAUD: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT PERSAUD: Announce
22 the results.
23 THE SECRETARY: Ayes, 59.
24 ACTING PRESIDENT PERSAUD: The bill
25 is passed.
5571
1 THE SECRETARY: Calendar Number
2 1809, Senate Print 4552A, by Senator Fahy, an act
3 to amend the Public Health Law.
4 ACTING PRESIDENT PERSAUD: Calendar
5 1808 is high and will be laid aside for the day.
6 (Pause.)
7 THE SECRETARY: Calendar Number
8 1809, Senate Print 4552A, by Senator Fahy, an act
9 to amend the Public Health Law.
10 ACTING PRESIDENT PERSAUD: Read the
11 last section.
12 THE SECRETARY: Section 5. This
13 act shall take effect immediately.
14 ACTING PRESIDENT PERSAUD: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT PERSAUD: Announce
18 the results.
19 THE SECRETARY: Ayes, 59.
20 ACTING PRESIDENT PERSAUD: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1810, Senate Print 4599, by Senator Jackson, an
24 act to amend the Retirement and Social Security
25 Law.
5572
1 ACTING PRESIDENT PERSAUD: There is
2 a home-rule message at the desk.
3 Read the last section.
4 THE SECRETARY: Section 4. This
5 act shall take effect immediately.
6 ACTING PRESIDENT PERSAUD: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT PERSAUD: Announce
10 the results.
11 THE SECRETARY: Ayes, 59.
12 ACTING PRESIDENT PERSAUD: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1811, Senate Print 5003, by Senator Hinchey, an
16 act to amend the Public Authorities Law.
17 ACTING PRESIDENT PERSAUD: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT PERSAUD: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT PERSAUD: Announce
25 the results.
5573
1 THE SECRETARY: Ayes, 59.
2 ACTING PRESIDENT PERSAUD: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1812, Assembly Bill Number 6558A, by
6 Assemblymember Lunsford, an act to amend the
7 Public Health Law.
8 SENATOR LANZA: Lay it aside.
9 ACTING PRESIDENT PERSAUD: Lay it
10 aside.
11 THE SECRETARY: Calendar Number
12 1813, Assembly Bill Number 810, by
13 Assemblymember Levenberg, an act to amend the
14 General Municipal Law.
15 ACTING PRESIDENT PERSAUD: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT PERSAUD: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT PERSAUD: Announce
23 the results.
24 THE SECRETARY: Ayes, 59.
25 ACTING PRESIDENT PERSAUD: The bill
5574
1 is passed.
2 THE SECRETARY: Calendar Number
3 1814, Senate Print 5536, by Senator Mattera, an
4 act authorizing the County of Suffolk to alienate
5 certain lands used as parkland.
6 ACTING PRESIDENT PERSAUD: There is
7 a home-rule message at the desk.
8 Read the last section.
9 THE SECRETARY: Section 7. This
10 act shall take effect immediately.
11 ACTING PRESIDENT PERSAUD: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT PERSAUD: Announce
15 the results.
16 THE SECRETARY: In relation to
17 Calendar 1814, voting in the negative:
18 Senator Fahy.
19 Ayes, 58. Nays, 1.
20 ACTING PRESIDENT PERSAUD: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1815, Assembly Bill Number 3949A, by
24 Assemblymember Hunter, an act in relation to
25 authorizing the Jamesville-DeWitt Central School
5575
1 District to discontinue the use of
2 school district-owned parklands.
3 ACTING PRESIDENT PERSAUD: There's
4 a home-rule message at the desk.
5 Read the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT PERSAUD: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT PERSAUD: Announce
12 the results.
13 THE SECRETARY: Ayes, 59.
14 ACTING PRESIDENT PERSAUD: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1816, Assembly Bill Number 3938B, by
18 Assemblymember Smullen, an act to amend the
19 Transportation Law.
20 ACTING PRESIDENT PERSAUD: Read the
21 last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect one year after it shall
24 have become a law.
25 ACTING PRESIDENT PERSAUD: Call the
5576
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT PERSAUD: Senator
4 Fahy to explain her vote.
5 SENATOR FAHY: Thank you. Thank
6 you, Madam Speaker.
7 Today I rise to vote aye on this
8 bill.
9 This bill I sponsored in memory of
10 Assemblymember Robert Smullen's son,
11 Alexander John -- or "AJ" -- Smullen, who
12 devastatingly passed away just over a year ago
13 after being hit by a car on February 22, 2024,
14 and fought valiantly in the pediatric ICU before
15 succumbing to this tragedy.
16 I am joined here today by
17 Assemblymember Robert Smullen, who just passed
18 the bill earlier this evening in the Assembly.
19 This legislation is a program to
20 allow families or friends an opportunity to
21 purchase a roadside sign to memorialize a victim
22 of a fatal vehicle collision -- and to help, we
23 hope, bring much needed closure for their grief.
24 These signs would serve to raise
25 awareness, act as a reminder of the serious and
5577
1 often deadly consequences for impaired or
2 reckless driving, which sadly took AJ Smullen,
3 age 14 -- age 14 -- took his life last year.
4 We are going in the wrong direction
5 here. Traffic fatalities continue to rise in
6 New York State year after year.
7 In June 2024, Comptroller DiNapoli
8 issued a report saying motor vehicle fatalities
9 have risen by 26 percent just since 2019.
10 Pedestrian deaths in those traffic fatalities
11 equate to one-fourth -- one-fourth of them are of
12 pedestrians, including AJ Smullen. One in three
13 involves -- one in three of all these fatalities
14 involves speeding. We heard about that earlier
15 today from Senator Cooney.
16 Too many of us have seen the
17 heartbreak of losing a family member to traffic
18 violence, and we need to remind all to slow down
19 to drive safe, and that lives do depend on it.
20 We are in very much a similar club with having
21 lost our only sons. And I truly hope that this
22 measure -- and I deeply thank the leader for her
23 support for this measure. And I thank
24 Assemblymember Smullen for proposing this, and I
25 truly hope that this brings some measure of
5578
1 solace to him and his wonderful family.
2 Thank you, Madam Speaker. And with
3 that, I vote in the affirmative.
4 ACTING PRESIDENT PERSAUD: Senator
5 Fahy to be recorded in the affirmative.
6 Senator Borrello to explain his
7 vote.
8 SENATOR BORRELLO: Thank you,
9 Madam President.
10 I'd also first like to extend my
11 appreciation to the sponsor for this, and
12 certainly to my friend Assemblyman Smullen for
13 what he's done to turn his personal tragedy into
14 something that may hopefully help others.
15 You know, unfortunately, it's hard
16 to get these signs, these dedication signs done
17 officially. I have one that's been in for a
18 friend of mine's granddaughter who passed away,
19 Emma Wilcox. Nine years old. It was 9 a.m. on a
20 weekday morning, and guy driving high slammed in
21 the back of their car, and she died. Her mother
22 was driving; she was in the back seat, properly
23 buckled in. And she died because of this
24 irresponsible driver.
25 We've been trying to get that road
5579
1 dedicated for two years to Emma's memory, but we
2 can't. I hope that that bill moves. But this
3 gives an opportunity for the family to do this on
4 their own, to spend their own money to put that
5 sign up to remind people that there are
6 consequences to your actions, your carelessness.
7 So let's let them do that.
8 Now, I guarantee you that there will
9 be bureaucrats in the administration that will
10 oppose this. We don't want too many signs.
11 There's going to be all these signs.
12 If there's too many signs, then we have a bigger
13 problem than we realize. Every single family
14 should have this opportunity so that they too can
15 remember their lost loved one, but also remind
16 people that they need to be responsible and act
17 responsibly and be good citizens.
18 So I call on the Governor to sign
19 this, not to listen to the bureaucrats that might
20 be opposed to it. And I'm very, very proud to
21 vote aye. Thank you.
22 ACTING PRESIDENT PERSAUD: Senator
23 Borrello to be recorded in the affirmative.
24 Announce the results.
25 THE SECRETARY: Ayes, 59.
5580
1 ACTING PRESIDENT PERSAUD: The bill
2 is passed.
3 (Standing ovation.)
4 ACTING PRESIDENT PERSAUD: Calendar
5 Number 1817, Assembly Bill Number 6756, by
6 Assemblymember Kay, an act to amend the
7 Retirement and Social Security Law.
8 ACTING PRESIDENT PERSAUD: There's
9 a home-rule message at the desk.
10 Read the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT PERSAUD: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT PERSAUD: Announce
17 the results.
18 THE SECRETARY: In relation to
19 Calendar 1817, voting in the negative:
20 Senator Brisport.
21 Ayes, 58. Nays, 1.
22 ACTING PRESIDENT PERSAUD: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1819, Senate Print 5928 --
5581
1 ACTING PRESIDENT PERSAUD: Calendar
2 1818 is high and will be laid aside for the day.
3 THE SECRETARY: Calendar Number
4 1819, Senate Print 5928, by Senator Martins, an
5 act granting retroactive membership with Tier IV
6 status in the New York State and Local Employees'
7 Retirement System to Dawn Ward.
8 ACTING PRESIDENT PERSAUD: There's
9 a home-rule message at the desk.
10 Read the last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect immediately.
13 ACTING PRESIDENT PERSAUD: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT PERSAUD: Announce
17 the results.
18 THE SECRETARY: Ayes, 59.
19 ACTING PRESIDENT PERSAUD: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1821, Senate Print 6573A, by Senator Hinchey, an
23 act to amend the Agriculture and Markets Law.
24 ACTING PRESIDENT PERSAUD: Read the
25 last section.
5582
1 THE SECRETARY: Section 2. This
2 act shall take effect on the 180th day after it
3 shall have because a law.
4 ACTING PRESIDENT PERSAUD: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT PERSAUD: Announce
8 the results.
9 THE SECRETARY: Ayes, 59.
10 ACTING PRESIDENT PERSAUD: The bill
11 is passed.
12 THE SECRETARY: Excuse me.
13 In relation to Calendar 1821, voting
14 in the negative: Senator Martins.
15 Ayes, 58. Nays, 1.
16 ACTING PRESIDENT PERSAUD: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1822, Senate Print 6626A, by Senator Baskin, an
20 act to amend the Economic Development Law.
21 ACTING PRESIDENT PERSAUD: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the 180th day after it
25 shall have become a law.
5583
1 ACTING PRESIDENT PERSAUD: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT PERSAUD: Senator
5 Baskin to explain her vote.
6 SENATOR BASKIN: Thank you,
7 Madam President.
8 I rise today in full support of this
9 bill. Blight and property depreciation are the
10 last thing that any of us need in our districts.
11 Many areas are plagued by abandoned businesses
12 that become eyesores. They negatively impact
13 entrepreneurs and our constituents.
14 Vacant storefronts can create
15 economic decline by reducing property values,
16 making it difficult to attract new businesses,
17 and causing less foot traffic.
18 By establishing a centralized online
19 registry for vacant commercial storefronts, small
20 business owners can have a tool to allow them the
21 access to storefronts that are abandoned and
22 dilapidated. They'll have the information at
23 hand to be able to pick up the phone, raise a
24 concern about a property or perhaps pursue it.
25 This registry is critical in
5584
1 developing a plan to get retail districts back to
2 thriving and spaces that they once were. By
3 streamlining this process, it's beneficial not
4 just for small businesses, but for property
5 owners and consumers as well. It will also help
6 revitalize New York's many commercial corridors,
7 longstanding vacancies, and help mitigate the
8 all-too-common blight.
9 I am proud to vote in the
10 affirmative. Thank you, Madam President.
11 ACTING PRESIDENT PERSAUD: Senator
12 Baskin to be recorded in the affirmative.
13 Announce the results.
14 THE SECRETARY: Ayes, 59.
15 ACTING PRESIDENT PERSAUD: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1823, Assembly Bill Number 7351, by
19 Assemblymember Solages, an act to amend the
20 Vehicle and Traffic Law.
21 ACTING PRESIDENT PERSAUD: There's
22 a home-rule message at the desk.
23 Read the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
5585
1 ACTING PRESIDENT PERSAUD: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT PERSAUD: Announce
5 the results.
6 THE SECRETARY: Ayes, 59.
7 ACTING PRESIDENT PERSAUD: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1824, Assembly Bill Number 6298, by
11 Assemblymember Bronson, an act to authorize the
12 County of Monroe to offer an optional 20-year
13 retirement plan to Christopher R. Fay.
14 ACTING PRESIDENT PERSAUD: There's
15 a home-rule message at the desk.
16 Read the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT PERSAUD: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT PERSAUD: Announce
23 the results.
24 THE SECRETARY: Ayes, 59.
25 ACTING PRESIDENT PERSAUD: The bill
5586
1 is passed.
2 THE SECRETARY: Calendar Number
3 1825, Assembly Bill Number 6274, by
4 Assemblymember Bronson, an act to authorize the
5 County of Monroe to offer an optional 20-year
6 retirement plan to Gregory M. Prokop.
7 ACTING PRESIDENT PERSAUD: There's
8 a home-rule message at the desk.
9 Read the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT PERSAUD: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT PERSAUD: Announce
16 the results.
17 THE SECRETARY: Ayes, 59.
18 ACTING PRESIDENT PERSAUD: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1826, Assembly Bill Number 6300, by
22 Assemblymember Bronson, an act to authorize the
23 County of Monroe to offer an optional 20-year
24 retirement plan to Carl J. Zimmerman.
25 ACTING PRESIDENT PERSAUD: There's
5587
1 a home-rule message at the desk.
2 Read the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT PERSAUD: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT PERSAUD: Announce
9 the results.
10 THE SECRETARY: Ayes, 59.
11 ACTING PRESIDENT PERSAUD: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1828, Assembly Bill Number 6279, by
15 Assemblymember Bronson, an act to authorize the
16 granting of retirement service credit in the
17 optional 20-year retirement plan to Duane A.
18 Palma.
19 ACTING PRESIDENT PERSAUD: There's
20 a home-rule message at the desk.
21 Read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT PERSAUD: Call the
25 roll.
5588
1 (The Secretary called the roll.)
2 ACTING PRESIDENT PERSAUD: Announce
3 the results.
4 THE SECRETARY: Ayes, 59.
5 ACTING PRESIDENT PERSAUD: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1829, Assembly Bill Number 7934, by
9 Assemblymember Magnarelli, an act in relation to
10 authorizing the Onondaga County Sheriff's
11 Department to offer the optional 20-year
12 retirement plan to Deputy Sheriffs Brittany E.
13 Dorn, Noah C. Hunt, Daniel D. Lorenzini,
14 Gordon J. Lopez, Tre C. Fesinger, and
15 Christopher L. Van Dusen.
16 ACTING PRESIDENT PERSAUD: There's
17 a home-rule message at the desk.
18 Read the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT PERSAUD: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT PERSAUD: Announce
25 the results.
5589
1 THE SECRETARY: Ayes, 59.
2 ACTING PRESIDENT PERSAUD: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1830, Senate Print 7493A, by Senator Ortt, an act
6 in relation to authorizing the Town of Niagara to
7 alienate and discontinue the use of certain
8 parklands.
9 ACTING PRESIDENT PERSAUD: There's
10 a home-rule message at the desk.
11 Read the last section.
12 THE SECRETARY: Section 5. This
13 act shall take effect immediately.
14 ACTING PRESIDENT PERSAUD: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT PERSAUD: Announce
18 the results.
19 THE SECRETARY: Ayes, 59.
20 ACTING PRESIDENT PERSAUD: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1831, Assembly Bill Number 8227A, by
24 Assemblymember Levenberg, an act to amend the
25 Vehicle and Traffic Law.
5590
1 ACTING PRESIDENT PERSAUD: There's
2 a home-rule message at the desk.
3 Read the last section.
4 THE SECRETARY: Section 4. This
5 act shall take effect on the 30th day after it
6 shall have become a law.
7 ACTING PRESIDENT PERSAUD: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT PERSAUD: Announce
11 the results.
12 THE SECRETARY: Ayes, 59.
13 ACTING PRESIDENT PERSAUD: The bill
14 is passed.
15 Calendar 1832 is high and will be
16 laid aside for the day.
17 THE SECRETARY: Calendar Number
18 1833, Assembly Bill Number 8146, by
19 Assemblymember Shrestha, an act authorizing the
20 Town of Hurley to alienate certain lands used as
21 parklands.
22 ACTING PRESIDENT PERSAUD: There's
23 a home-rule message at the desk.
24 Read the last section.
25 THE SECRETARY: Section 2. This
5591
1 act shall take effect immediately.
2 ACTING PRESIDENT PERSAUD: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT PERSAUD: Announce
6 the results.
7 THE SECRETARY: In relation to
8 Calendar 1833, voting in the negative:
9 Senator Fahy.
10 Ayes, 58. Nays, 1.
11 ACTING PRESIDENT PERSAUD: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1834, Senate Print 7538, by Senator Weber, an act
15 in relation to authorizing the Village of Nyack
16 to alienate and discontinue the use of certain
17 parklands.
18 ACTING PRESIDENT PERSAUD: There's
19 a home-rule message at the desk.
20 Read the last section.
21 THE SECRETARY: Section 5. This
22 act shall take effect immediately.
23 ACTING PRESIDENT PERSAUD: Call the
24 roll.
25 (The Secretary called the roll.)
5592
1 ACTING PRESIDENT PERSAUD: Announce
2 the results.
3 THE SECRETARY: In relation to
4 Calendar 1834, voting in the negative:
5 Senator Fahy.
6 Ayes, 58. Nays, 1.
7 ACTING PRESIDENT PERSAUD: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1835, Assembly Bill Number 6956A, by
11 Assemblymember Fitzpatrick, an act to amend
12 Chapter 7 of the Laws of 1955.
13 ACTING PRESIDENT PERSAUD: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT PERSAUD: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT PERSAUD: Announce
21 the results.
22 THE SECRETARY: Ayes, 59.
23 ACTING PRESIDENT PERSAUD: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
5593
1 1836, Senate Print 7638A, by Senator Hinchey, an
2 act to amend the General Municipal Law.
3 SENATOR LANZA: Lay it aside.
4 ACTING PRESIDENT PERSAUD: Lay it
5 aside.
6 Calendar 1837 is high and will be
7 laid aside for the day.
8 THE SECRETARY: Calendar Number
9 1838, Senate Print 7683, by Senator Helming, an
10 act to amend the Alcoholic Beverage Control Law.
11 ACTING PRESIDENT PERSAUD: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT PERSAUD: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT PERSAUD: Announce
19 the results.
20 THE SECRETARY: Ayes, 59.
21 ACTING PRESIDENT PERSAUD: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1839, Senate Print 7785, by Senator Bailey, an
25 act to amend the Vehicle and Traffic Law.
5594
1 ACTING PRESIDENT PERSAUD: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the 90th day after it
5 shall have become a law.
6 ACTING PRESIDENT PERSAUD: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT PERSAUD: Senator
10 Bailey to explain his vote.
11 SENATOR BAILEY: Thank you,
12 Madam President.
13 Co-op City is unlike any place in
14 the world -- 50,000 residents, the largest
15 cooperative housing development in the country,
16 largest naturally occurring retirement community.
17 So there are certain idiosyncrasies
18 about Co-op City that we have to realize. It is
19 a place with a lot of different loops. With the
20 best of intentions, we created a program called
21 ABLE to have bus cameras. But unfortunately, in
22 Co-op City there is a lack of on-street parking
23 and there are a number of seniors and a number of
24 schoolchildren. So people are waiting outside of
25 buildings looking to either drop people off or
5595
1 pick people up. They have been ticketed.
2 Also, if you are a parent, a public
3 school parent like me, who happens to put their
4 children in a school in Co-op City, like me, you
5 sometimes park in the area across the street from
6 the school. And you are not immune from
7 receiving these tickets, notices of violation.
8 And it shouldn't cost parents
9 multiple violations to simply drop their children
10 off at school. This has been one of the
11 number-one constituent complaints in Co-op City.
12 And I am grateful to the leader for
13 us to be able to get this bill across the finish
14 line. I'm excited about passing it. And I hope
15 they are able to do it in the Assembly with the
16 help of my colleague in Co-op City,
17 Assemblyman Michael Benedetto.
18 I vote aye, Madam President, and
19 urge everybody to do the same. Thank you.
20 ACTING PRESIDENT PERSAUD: Senator
21 Bailey to be recorded in the affirmative.
22 Announce the results.
23 THE SECRETARY: Ayes, 59.
24 ACTING PRESIDENT PERSAUD: The bill
25 is passed.
5596
1 THE SECRETARY: Calendar Number
2 1840, Senate Print 7791A, by Senator Harckham, an
3 act to amend the Vehicle and Traffic Law.
4 ACTING PRESIDENT PERSAUD: Read the
5 last section.
6 THE SECRETARY: Section 4. This
7 act shall take effect on the 30th day after it
8 shall have become a law.
9 ACTING PRESIDENT PERSAUD: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT PERSAUD: Announce
13 the results.
14 THE SECRETARY: In relation to
15 Calendar 1840, voting in the negative are
16 Senators Martinez and Palumbo.
17 Ayes, 57. Nays, 2.
18 ACTING PRESIDENT PERSAUD: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1841, Assembly Bill Number 8371A, by
22 Assemblymember Kelles, an act in relation to
23 authorizing the Town of Ithaca to alienate and
24 discontinue the use of certain parklands.
25 ACTING PRESIDENT PERSAUD: There's
5597
1 a home-rule message at the desk.
2 Read the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT PERSAUD: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT PERSAUD: Announce
9 the results.
10 THE SECRETARY: Ayes, 59.
11 ACTING PRESIDENT PERSAUD: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1842, Senate Print 7847, by Senator Webb, an act
15 in relation to authorizing Kevin R. Noterfonzo to
16 receive certain service credit under a 20-year
17 retirement plan.
18 ACTING PRESIDENT PERSAUD: There's
19 a home-rule message at the desk.
20 Read the last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect immediately.
23 ACTING PRESIDENT PERSAUD: Call the
24 roll.
25 (The Secretary called the roll.)
5598
1 ACTING PRESIDENT PERSAUD: Announce
2 the results.
3 THE SECRETARY: Ayes, 59.
4 ACTING PRESIDENT PERSAUD: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1843, Senate Print 7848, by Senator Webb, an act
8 to authorize the County of Tompkins to offer an
9 optional 20-year retirement plan to Bryan Jolly.
10 ACTING PRESIDENT PERSAUD: There's
11 a home-rule message at the desk.
12 Read the last section.
13 THE SECRETARY: Section 4. This
14 act shall take effect immediately.
15 ACTING PRESIDENT PERSAUD: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT PERSAUD: Announce
19 the results.
20 THE SECRETARY: Ayes, 59.
21 ACTING PRESIDENT PERSAUD: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1844, Senate Print 7849, by Senator Webb, an act
25 in relation to authorizing the County of Tompkins
5599
1 to offer an optional 20-year retirement plan to
2 Kyle Davenport.
3 ACTING PRESIDENT PERSAUD: There's
4 a home-rule message at the desk.
5 Read the last section.
6 THE SECRETARY: Section 4. This
7 act shall take effect immediately.
8 ACTING PRESIDENT PERSAUD: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT PERSAUD: Announce
12 the results.
13 THE SECRETARY: Ayes, 59.
14 ACTING PRESIDENT PERSAUD: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1845, Senate Print 7854, by Senator Palumbo, an
18 act in relation to granting retroactive Tier II
19 membership in the New York State and Local Police
20 and Fire Retirement System to Giuseppe T. Rosini.
21 ACTING PRESIDENT PERSAUD: There's
22 a home-rule message at the desk.
23 Read the last section.
24 THE SECRETARY: Section 5. This
25 act shall take effect immediately.
5600
1 ACTING PRESIDENT PERSAUD: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT PERSAUD: Announce
5 the results.
6 THE SECRETARY: Ayes, 59.
7 ACTING PRESIDENT PERSAUD: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1846, Senate Print 7873A, by Senator Palumbo, an
11 act in relation to authorizing the Town of
12 Brookhaven, County of Suffolk, to alienate and
13 discontinue the use of certain parklands.
14 ACTING PRESIDENT PERSAUD: There's
15 a home-rule message at the desk.
16 Read the last section.
17 THE SECRETARY: Section 6. This
18 act shall take effect immediately.
19 ACTING PRESIDENT PERSAUD: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT PERSAUD: Announce
23 the results.
24 THE SECRETARY: Ayes, 59.
25 ACTING PRESIDENT PERSAUD: The bill
5601
1 is passed.
2 THE SECRETARY: Calendar Number
3 1847, Senate Print 7899A, by Senator Hinchey, an
4 act to amend the Public Authorities Law.
5 ACTING PRESIDENT PERSAUD: Read the
6 last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect immediately.
9 ACTING PRESIDENT PERSAUD: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT PERSAUD: Announce
13 the results.
14 THE SECRETARY: In relation to
15 Calendar 1847, voting in the negative are
16 Senators Chan, Oberacker and Weik.
17 Ayes, 56. Nays, 3.
18 ACTING PRESIDENT PERSAUD: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1848, Senate Print 7911, by Senator Webb, an act
22 in relation to authorizing Daniel H. Austic to
23 receive certain service credit under a 20-year
24 retirement plan.
25 ACTING PRESIDENT PERSAUD: There's
5602
1 a home-rule message at the desk.
2 Read the last section.
3 THE SECRETARY: Section 3. This
4 act shall take effect immediately.
5 ACTING PRESIDENT PERSAUD: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT PERSAUD: Announce
9 the results.
10 THE SECRETARY: Ayes, 59.
11 ACTING PRESIDENT PERSAUD: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1849, Senate Print 8009A, by Senator
15 Canzoneri-Fitzpatrick, an act in relation to
16 authorizing the Village of Malverne to alienate
17 and discontinue the use of certain parklands.
18 ACTING PRESIDENT PERSAUD: There's
19 a home-rule message at the desk.
20 Read the last section.
21 THE SECRETARY: Section 5. This
22 act shall take effect immediately.
23 ACTING PRESIDENT PERSAUD: Call the
24 roll.
25 (The Secretary called the roll.)
5603
1 ACTING PRESIDENT PERSAUD: Announce
2 the results.
3 THE SECRETARY: Ayes, 59.
4 ACTING PRESIDENT PERSAUD: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1850, Assembly Bill Number 8620, by
8 Assemblymember McDonald, an act to amend
9 Chapter 434 of the Laws of 2022.
10 ACTING PRESIDENT PERSAUD: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT PERSAUD: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT PERSAUD: Announce
18 the results.
19 THE SECRETARY: In relation to
20 Calendar Number 1850, voting in the negative are
21 Senators Brisport and Weik.
22 Ayes, 57. Nays, 2.
23 ACTING PRESIDENT PERSAUD: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
5604
1 1851, Senate Print 8046A, by Senator Bynoe, an
2 act to amend the Emergency Tenant Protection Act.
3 ACTING PRESIDENT PERSAUD: Read the
4 last section.
5 THE SECRETARY: Section 4. This
6 act shall take effect immediately.
7 ACTING PRESIDENT PERSAUD: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT PERSAUD: Announce
11 the results.
12 THE SECRETARY: In relation to
13 Calendar 1851, voting in the negative are
14 Senators Borrello, Canzoneri-Fitzpatrick, Chan,
15 Griffo, Helming, Lanza, O'Mara, Ortt, Palumbo,
16 Stec, Tedisco, Walczyk, Weber and Weik.
17 Ayes, 45. Nays, 14.
18 ACTING PRESIDENT PERSAUD: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1852, Assembly Bill Number 8676, by
22 Assemblymember Lee, an act to amend the
23 General City Law.
24 ACTING PRESIDENT PERSAUD: Read the
25 last section.
5605
1 THE SECRETARY: Section 14. This
2 act shall take effect July 12, 2025.
3 ACTING PRESIDENT PERSAUD: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT PERSAUD: Announce
7 the results.
8 THE SECRETARY: In relation to
9 Calendar 1852, voting in the negative are
10 Senators Borrello, Brisport,
11 Canzoneri-Fitzpatrick, Chan, Gallivan, Griffo,
12 Helming, Lanza, Martins, Mattera, O'Mara, Ortt,
13 Palumbo, Rhoads, Stec, Tedisco, Walczyk and Weik.
14 Ayes, 41. Nays, 18.
15 ACTING PRESIDENT PERSAUD: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1853, Assembly Bill Number 8489, by
19 Assemblymember Buttenschon, an act to authorize
20 Scott Hoag to receive certain service credit
21 under Section 384-d of the Retirement and
22 Social Security Law.
23 ACTING PRESIDENT PERSAUD: There's
24 a home-rule message at the desk.
25 Read the last section.
5606
1 THE SECRETARY: Section 3. This
2 act shall take effect immediately.
3 ACTING PRESIDENT PERSAUD: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT PERSAUD: Announce
7 the results.
8 THE SECRETARY: Ayes, 59.
9 ACTING PRESIDENT PERSAUD: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1854, Senate Print 8164, by Senator Weber, an act
13 in relation to authorizing the County of Rockland
14 to offer an optional retirement plan to John F.
15 Leonard, Jr.
16 ACTING PRESIDENT PERSAUD: There's
17 a home-rule message at the desk.
18 Read the last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect immediately.
21 ACTING PRESIDENT PERSAUD: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT PERSAUD: Announce
25 the results.
5607
1 THE SECRETARY: Ayes, 59.
2 ACTING PRESIDENT PERSAUD: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1855, Senate Print 8172B, by Senator Cleare, an
6 act to amend the Correction Law.
7 ACTING PRESIDENT PERSAUD: 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 PERSAUD: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT PERSAUD: Announce
16 the results.
17 THE SECRETARY: Ayes, 59.
18 ACTING PRESIDENT PERSAUD: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1856, Senate Print 8194, by Senator Helming, an
22 act in relation to authorizing Heath A. Wadhams
23 to take the competitive civil service examination
24 for the position of police officer.
25 ACTING PRESIDENT PERSAUD: There's
5608
1 a home-rule message at the desk.
2 Read the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT PERSAUD: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT PERSAUD: Announce
9 the results.
10 THE SECRETARY: In relation to
11 Calendar 1856, voting in the negative:
12 Senator Brisport.
13 Ayes, 58. Nays, 1.
14 ACTING PRESIDENT PERSAUD: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1857, Senate Print 8208A, by Senator Weber, an
18 act in relation to authorizing the County of
19 Rockland to offer an optional 20-year retirement
20 plan to Matthew Donovan.
21 ACTING PRESIDENT PERSAUD: There's
22 a home-rule message at the desk.
23 Read the last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
5609
1 ACTING PRESIDENT PERSAUD: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT PERSAUD: Announce
5 the results.
6 THE SECRETARY: Ayes, 59.
7 ACTING PRESIDENT PERSAUD: The bill
8 is passed.
9 Calendar 1858 is high and will be
10 laid aside for the day.
11 THE SECRETARY: Calendar Number
12 1859, Senate Print 8219, by Senator Webb, an act
13 in relation to authorizing Mackenzie M. Covert to
14 receive certain service credit under a 20-year
15 retirement plan.
16 ACTING PRESIDENT PERSAUD: There's
17 a home-rule message at the desk.
18 Read the last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect immediately.
21 ACTING PRESIDENT PERSAUD: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT PERSAUD: Announce
25 the results.
5610
1 THE SECRETARY: Ayes, 59.
2 ACTING PRESIDENT PERSAUD: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1864, Senate Print 8390, by Senator Kavanagh, an
6 act to amend subpart A of Part BB of Chapter 56
7 of the Laws of 2021.
8 ACTING PRESIDENT PERSAUD: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT PERSAUD: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT PERSAUD: Announce
16 the results.
17 THE SECRETARY: In relation to
18 Calendar 1864, voting in the negative are
19 Senators Borrello, Chan, Gallivan, Griffo,
20 Helming, Lanza, Oberacker, O'Mara, Ortt, Palumbo,
21 Rhoads, Stec, Tedisco, Walczyk, Weber and Weik.
22 Ayes, 43. Nays, 16.
23 ACTING PRESIDENT PERSAUD: The bill
24 is passed.
25 Calendar 1865 is high and will be
5611
1 laid aside for the day.
2 Senator Serrano, that completes the
3 reading of the supplemental calendar.
4 SENATOR SERRANO: Can we please
5 return to motions.
6 I wish to call up Print Numbers
7 1012A and 1162A, which are now at the desk.
8 ACTING PRESIDENT PERSAUD: The
9 Secretary will read.
10 THE SECRETARY: Calendar Number
11 1796, Senate Print 1012A, by Senator Brouk, an
12 act to amend the Public Service Law.
13 Calendar Number 1797, Senate Print
14 1162A, by Senator Krueger, an act to amend the
15 General Business Law.
16 SENATOR SERRANO: I now move to
17 move to reconsider the vote by which these bills
18 were passed.
19 ACTING PRESIDENT PERSAUD: The
20 Secretary will call the roll on reconsideration.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 57.
23 ACTING PRESIDENT PERSAUD: The
24 bills are restored to their place on the Third
25 Reading Calendar.
5612
1 Senator Serrano.
2 SENATOR SERRANO: I now offer the
3 following amendments.
4 ACTING PRESIDENT PERSAUD: The
5 amendments are received.
6 Senator Serrano.
7 SENATOR SERRANO: Can we now go to
8 the controversial calendar.
9 ACTING PRESIDENT PERSAUD: The
10 Secretary will ring the bell.
11 The Secretary will read.
12 THE SECRETARY: Calendar Number
13 609, Senate Print 5701, by Senator Skoufis, an
14 act to amend the Correction Law.
15 ACTING PRESIDENT PERSAUD: Senator
16 Rhoads, why do you rise?
17 SENATOR RHOADS: Madam President,
18 because no session would be complete without my
19 having a chance to ask Senator Skoufis a few
20 questions.
21 ACTING PRESIDENT PERSAUD: Senator
22 Skoufis, would you yield for a question?
23 SENATOR SKOUFIS: Happily.
24 ACTING PRESIDENT PERSAUD: Senator
25 Skoufis yields.
5613
1 SENATOR RHOADS: Thank you,
2 Senator Skoufis.
3 Through you, Madam President. My
4 understanding is this bill would require DOCCS to
5 provide a discharge plan and reentry services to
6 those who are wrongfully convicted. Is that
7 correct?
8 SENATOR SKOUFIS: Through you,
9 Madam President. Yes, that is correct.
10 SENATOR RHOADS: Did you consult --
11 would the sponsor continue to yield.
12 ACTING PRESIDENT PERSAUD: Will the
13 sponsor yield?
14 SENATOR SKOUFIS: Yes.
15 ACTING PRESIDENT PERSAUD: The
16 sponsor yields.
17 SENATOR RHOADS: Was there any
18 communication with DOCCS about the efficacy of
19 them having to perform these responsibilities?
20 SENATOR SKOUFIS: Through you,
21 Madam President, no.
22 SENATOR RHOADS: And will the
23 sponsor continue to yield?
24 ACTING PRESIDENT PERSAUD: Does the
25 sponsor yield?
5614
1 SENATOR SKOUFIS: Yes.
2 ACTING PRESIDENT PERSAUD: The
3 sponsor yields.
4 SENATOR RHOADS: Now, my
5 understanding -- thank you, Madam President,
6 through you.
7 My understanding is that the
8 discharge plan would mean a plan describing the
9 manner in which the wrongfully convicted
10 individual will be able to receive reentry
11 services. And that includes appropriate
12 programming and support planning, as well as
13 follow-up support offered to the individual after
14 their release. Is that correct?
15 SENATOR SKOUFIS: Through you,
16 Madam President. Yes, that's correct.
17 Currently, as I understand it, DOCCS
18 must provide information for many of these
19 services. This legislation likes to require that
20 the wrongfully convicted individual actually be
21 connected with these services, not just be
22 provided information about the services.
23 SENATOR RHOADS: And thank you,
24 Senator Skoufis.
25 Will the sponsor continue to yield?
5615
1 ACTING PRESIDENT PERSAUD: Does the
2 sponsor yield?
3 SENATOR SKOUFIS: Yes.
4 ACTING PRESIDENT PERSAUD: The
5 sponsor yields.
6 SENATOR RHOADS: It's my
7 understanding as well that as part of these
8 services DOCCS must work with the wrongfully
9 convicted individual to develop a plan which
10 would be designed to address their unique needs,
11 including but not limited to the individual's
12 geographical location upon release from custody,
13 housing needs, educational needs, employment
14 needs, medical needs, and social services needs.
15 Is that correct?
16 SENATOR SKOUFIS: Through you,
17 Madam President. Yes, that's correct.
18 And they're unique because they were
19 wrongfully convicted. And these are unique
20 situations.
21 SENATOR RHOADS: Thank you.
22 Will the sponsor continue to yield.
23 ACTING PRESIDENT MAYER: Will the
24 sponsor yield?
25 SENATOR SKOUFIS: Yes.
5616
1 ACTING PRESIDENT MAYER: The
2 sponsor yields.
3 SENATOR RHOADS: As part of these
4 services as well, DOCCS is also supposed to
5 provide case management and connections to
6 employment services, educational services, mental
7 health services, medical care, housing services,
8 and other social services that may be available
9 to the wrongfully convicted individual. Is that
10 correct?
11 SENATOR SKOUFIS: Through you,
12 Madam President. That is correct.
13 And I think it may be helpful at
14 this point -- I'm happy to continue answering
15 these questions, but sometimes, you know, some
16 context and some color is helpful. And so I do
17 want to share with my colleague what prompted the
18 introduction of this bill and where this bill
19 came from.
20 A couple of years ago I spent a
21 number of hours at a Mets game, actually, with an
22 individual named Sheldon Thomas, who I had not
23 met prior. And one of the reasons why I had not
24 met him prior is because he'd only been out of
25 prison for a couple of months at that point after
5617
1 serving for 17 years for a crime he did not
2 commit.
3 He was charged and wrongfully
4 convicted of murder when he was 17 years old,
5 charged for murdering a 14-year-old. And the
6 detectives on that case, they intentionally
7 misled a witness to wrongfully identify him as
8 the perpetrator in this crime.
9 And as a 17-year-old, he proceeded
10 to spend the subsequent 18 years wrongfully
11 imprisoned, which I think you and everyone would
12 agree is unimaginable -- sitting in a jail cell
13 for 18 years for a crime that you did not commit,
14 never mind allegedly killing someone that you did
15 not kill.
16 And so as you can imagine, the world
17 was a very different place when he left prison
18 18 years later. And so that's why we're doing
19 this bill. And it's modeled after a similar bill
20 in this space that Senator Bailey has had for a
21 number of years.
22 And it's an attempt -- in addition
23 to the recompense that is obviously associated in
24 situations like this, it's an attempt to try, to
25 the extent practicable, to have DOCCS connect
5618
1 this individual with the services and quite
2 frankly the realities of this world that exists,
3 in some cases that they have no idea exists,
4 given that they've been separated from the
5 outside world for such a long period of time in
6 cases like this.
7 So I hope that's a little bit
8 helpful context. And I'm happy to continue
9 answering any questions.
10 SENATOR RHOADS: I certainly
11 appreciate the context and certainly understand
12 the circumstance.
13 Madam President, if the sponsor will
14 continue to yield to just a few additional
15 questions.
16 ACTING PRESIDENT MAYER: Do you
17 continue to yield?
18 SENATOR SKOUFIS: Yes.
19 SENATOR RHOADS: And welcome to our
20 new Madam President.
21 Senator Skoufis -- through you,
22 Madam President -- do you have any idea how long
23 it would take DOCCS to craft this tailored
24 proposal and access to services for the
25 wrongfully convicted individual?
5619
1 SENATOR SKOUFIS: (Conferring.)
2 Thank you for affording me a moment to speak with
3 staff.
4 So as you probably know, there's no
5 timeline prescribed in the bill. As I understand
6 it, it's typically around 60 days currently that
7 DOCCS has to put together and offer the
8 information for the services that are currently
9 required. And so the expectation would be that
10 somewhere in that realm of a couple of months,
11 would be my expectation.
12 And, you know, it's -- as I
13 understand it, it's not as if a DA or a
14 prosecutorial unit just overnight reviews a case
15 and determines that an individual was wrongfully
16 convicted. And I don't see any reason why, when
17 it's brought to DOCCS' attention that a case is
18 being reviewed and potentially an individual is
19 innocent that was wrongfully convicted, that they
20 can't start working on a plan like this in the
21 event innocence is determined.
22 SENATOR RHOADS: Thank you for the
23 answers to those questions, Senator. I
24 appreciate it.
25 Briefly on the bill, if you will.
5620
1 ACTING PRESIDENT MAYER: On the
2 bill.
3 SENATOR RHOADS: My concern -- and
4 Senator Skoufis attempted to address part of the
5 concern. The bill is very clear that all of
6 these connections to services, the tailored plan
7 for the individual who is wrongfully convicted,
8 has to take place prior to their release.
9 My concern and the questions that I
10 asked with respect to whether there was any
11 communication with DOCCS to try and figure out
12 how long it would take them to craft this plan is
13 that oftentimes, even though there may be a
14 review by the district attorney in an individual
15 case, it is not until there is an actual judgment
16 from a court releasing that individual, making a
17 determination that there's been a wrongful
18 conviction, that this process might start.
19 The fact that this process may take
20 60 days to complete that plan creates a problem
21 in the sense that as soon as there's a judgment
22 of a wrongful conviction, DOCCS's ability to hold
23 that individual ceases. And so the conflict that
24 this bill creates is the fact that if it takes up
25 to 60 days to complete that tailored plan, DOCCS
5621
1 can't hold that individual for 60 days. That
2 plan can't be crafted prior to their release.
3 It's going to have to be put together after their
4 release.
5 And I think that's a -- the fatal
6 flaw in the bill, even though it's
7 well-intentioned. The strength of our criminal
8 justice system relies upon our ability to convict
9 the guilty and exonerate the innocent, and
10 sometimes we get that wrong on both sides. And I
11 understand the need, quite frankly, to help
12 someone in that situation, to the best of our
13 ability to try and rebuild their life to the
14 extent that that's possible.
15 I just think that there is a fatal
16 flaw in the bill in that if we're requiring this
17 to take place prior to their release, we're
18 creating a situation where DOCCS will have a
19 conflict between having to technically hold
20 someone, even though they legally no longer have
21 the ability to do so, until there's that plan in
22 place.
23 And so if in fact this does pass
24 today, and unfortunately because of that
25 conflict, I plan on voting no. If this does pass
5622
1 today and is signed by the Governor, I hope this
2 is something that will be revisited so that we
3 can correct that error in the bill.
4 Thank you, Madam President.
5 ACTING PRESIDENT MAYER: Thank you,
6 Senator Rhoads.
7 Are there any other Senators wishing
8 to be heard?
9 Seeing and hearing none, debate is
10 closed. The Secretary will ring the bell.
11 Read the last section.
12 THE SECRETARY: Section 3. This
13 act shall take effect on the 60th day after it
14 shall have become a law.
15 ACTING PRESIDENT MAYER: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MAYER: Announce
19 the results.
20 THE SECRETARY: In relation to
21 Calendar 609, voting in the negative are
22 Senators Borrello and Rhoads.
23 Ayes, 57. Nays, 2.
24 ACTING PRESIDENT MAYER: The bill
25 is passed.
5623
1 THE SECRETARY: Calendar Number
2 1517, Assembly Bill Number 1365A, by
3 Assemblymember Paulin, an act to amend the
4 Public Health Law.
5 ACTING PRESIDENT MAYER: Senator
6 Borrello, why do you rise?
7 SENATOR BORRELLO: Thank you,
8 Madam President. Would the sponsor yield for a
9 question.
10 ACTING PRESIDENT MAYER: Senator
11 Skoufis, do you agree to a question?
12 SENATOR SKOUFIS: Absolutely, yes.
13 ACTING PRESIDENT MAYER: The
14 Senator yields.
15 SENATOR BORRELLO: Through you,
16 Mr. President.
17 I understand -- obviously this is a
18 tragic situation like the pandemic, which I think
19 we are all -- obviously still fresh in our minds
20 about the tragedy that occurred in our nursing
21 homes. And of course, I'm sure like many others,
22 I am still unhappy -- in fact, outraged -- that
23 there's still been no accountability for what
24 happened here and the deadly order that our
25 previous governor had administered.
5624
1 With that said, in the event of
2 another mass casualty event, you know, which I
3 think is how it will be described, would a
4 disaster emergency have to be declared before any
5 action would have to take place by these nursing
6 homes?
7 SENATOR SKOUFIS: Through you,
8 Madam President. The answer is yes.
9 And in addition to a declaration by
10 the Governor that there's an emergency, there
11 must be an underlying disaster that -- and I'm
12 just reading from the bill here -- may result in
13 excess mortality that could overwhelm the
14 capacity of a facility to meet the demand for its
15 services.
16 And so just a simple emergency
17 declaration for a storm that's passing through is
18 not enough to qualify it and trigger the
19 provisions of this bill.
20 SENATOR BORRELLO: Madam President,
21 will the sponsor continue to yield.
22 ACTING PRESIDENT MAYER: Do you
23 continue to yield?
24 SENATOR SKOUFIS: Yes.
25 ACTING PRESIDENT MAYER: The
5625
1 sponsor yields.
2 SENATOR BORRELLO: Great. Thank
3 you for that clarification.
4 So let's assume now it is a -- you
5 know, another mass casualty event. Prior to that
6 emergency declaration, would nursing homes have
7 to develop a plan or do anything, or does that
8 emergency declaration trigger the first action
9 that they would have to take? Does that make
10 sense?
11 SENATOR SKOUFIS: (Conferring.) I
12 just wanted to confirm what I thought to be true
13 with staff.
14 So the plan is to be put together
15 ahead of time, ahead of the disaster or the
16 emergency, the pandemic, whatever the
17 circumstance that triggers this bill is. And
18 then the bill calls for following that plan if
19 there is a trigger.
20 SENATOR BORRELLO: Madam President,
21 will the sponsor continue to yield.
22 ACTING PRESIDENT MAYER: Do you
23 continue to yield?
24 SENATOR SKOUFIS: Yes.
25 ACTING PRESIDENT MAYER: The
5626
1 Senator yields.
2 SENATOR BORRELLO: So would part of
3 that plan be that now the Department of Health
4 would require these nursing homes to develop
5 plans that -- to immediately implement -- to be
6 immediately implemented, I should say, to start
7 building storage facilities on their property
8 prior to any catastrophic event?
9 That's the question. Would they
10 have to start -- would they have to start
11 building a facility right now, prior to any
12 catastrophic event?
13 SENATOR SKOUFIS: Through you,
14 Madam President, no.
15 And the bill calls for a plan that
16 ensures that there is adequate space when there
17 is excess mortality in these types of situations.
18 And it could be that nursing homes already have
19 space where they can store the deceased bodies.
20 In those situations where they
21 don't, the plan can address the issue of space in
22 a number of ways. One is one that you just
23 referenced, which is building out the space. But
24 there are a number of alternatives that the bill
25 calls for or allows for, I should say, such as,
5627
1 you know, contracting with mobile units and
2 several other options as well.
3 SENATOR BORRELLO: Madam President,
4 will the sponsor continue to yield.
5 ACTING PRESIDENT MAYER: Do you
6 continue to yield?
7 SENATOR SKOUFIS: Yes.
8 ACTING PRESIDENT MAYER: The
9 sponsor yields.
10 SENATOR BORRELLO: So essentially
11 what we're mandating is that nursing homes will
12 have to now become morgues. They're going to
13 have to have the capacity to properly handle, you
14 know, corpses.
15 So that's really not their function.
16 And it is certainly something that I think is a
17 conflict, because I believe that they're required
18 to move those by law, to move those bodies out
19 after they pass away, and put them in the hands
20 of a proper facility like a funeral home.
21 Isn't that correct? Isn't that what
22 the law requires of nursing homes?
23 SENATOR SKOUFIS: Through you,
24 Madam President. The issue at hand here -- look,
25 I have a New York Times article, the headline
5628
1 reads "We Ran Out of Space," "Bodies pile up as
2 New York struggles to bury its dead."
3 And, you know, I do not view this as
4 a mandate. The study -- or not the study, the
5 plan is a mandate. But the actions in the plan
6 are not a mandate. Because if there is a
7 pandemic, another pandemic, if there is some
8 other catastrophe that results in, you know,
9 tragic significant death within a nursing home or
10 nursing homes, those bodies have to go somewhere.
11 And the nursing homes can't just
12 pile them up on the sidewalk outside, they can't
13 just pile them up, you know, at the front door.
14 They have to be held somewhere until the funeral
15 home or morgue comes and picks them up.
16 And so what we're calling for in
17 these plans is something that they have to deal
18 with anyway, plan or not. And, you know, it was
19 tragic that we saw during the pandemic, outside
20 many of these nursing homes were freezer trucks.
21 Literally, they were throwing bodies into cold
22 storage trucks and facilities in parking lots.
23 And so, you know, yes, the plan is a
24 mandate, but what the nursing home would come up
25 with to fulfill the requirements in this plan are
5629
1 things they would have to deal with anyway, plan
2 or not. This is just an attempt to get them to
3 begin thinking about and being more ready for the
4 next time, instead of being caught flat-footed,
5 which many of the nursing homes during the
6 pandemic were.
7 SENATOR BORRELLO: Madam President,
8 will the sponsor continue to yield?
9 ACTING PRESIDENT MAYER: Do you
10 continue to yield?
11 SENATOR SKOUFIS: Yes.
12 ACTING PRESIDENT MAYER: The
13 sponsor yields.
14 SENATOR BORRELLO: I understand
15 that they were overwhelmed. But everything was
16 overwhelmed during the pandemic.
17 But in the case of nursing homes,
18 this is not really their function. You have
19 funeral homes, you have city morgues and so forth
20 that are already set up to do this. So if we're
21 going to mandate anyone to do something, why
22 would we -- you know, nursing homes -- which most
23 of them don't make money, they lose money. Many
24 of them are not-for-profits. They don't get
25 enough Medicaid reimbursement, Medicare
5630
1 reimbursement. They are underfunded. We haven't
2 raised rates here in years, at least adequately
3 enough for reimbursements.
4 Why wouldn't we shift that burden to
5 the people that are already in the business of
6 doing this, which are funeral homes?
7 SENATOR SKOUFIS: Through you,
8 Madam President. During the pandemic -- I mean,
9 look, we can talk about hypotheticals. I'd
10 rather point to, practically speaking, what
11 happened during the pandemic.
12 And what happened was these bodies
13 were being stored, sometimes highly
14 irresponsibly, waiting for pickup by the funeral
15 homes, but they were at the location in which
16 they perished, at the nursing home. And so
17 something has to be done at the nursing home
18 level before they are picked up by the funeral
19 home or morgue.
20 And so I don't think anyone's
21 looking to shift responsibility here. But just
22 practically speaking, if an individual dies in a
23 nursing home, the nursing home has to figure out
24 what to do with that body because they died on
25 their premises.
5631
1 SENATOR BORRELLO: Madam President,
2 will the sponsor continue to yield.
3 ACTING PRESIDENT MAYER: Do you
4 yield?
5 SENATOR SKOUFIS: Yes.
6 ACTING PRESIDENT MAYER: The
7 sponsor yields.
8 SENATOR BORRELLO: So the typical
9 cost of building a space like this would -- you
10 know, there's a tremendous amount of cost to
11 this, to building a space. And I realize you're
12 saying they could take temporary measures. But,
13 you know, do we have any idea -- is the
14 Department of Health going to promulgate rules as
15 to how long they have to have these facilities up
16 and running?
17 In other words, if you say you have
18 a plan in place, but now -- and your plan
19 includes building something on your property if
20 you have the space, how much time are we going to
21 give them to do that, you know, in the middle of
22 an emergency?
23 SENATOR SKOUFIS: Through you,
24 Madam President. Hopefully they have all the
25 time in the world and we never have to deal with
5632
1 a pandemic or some other situation like what we
2 went through several years ago ever again.
3 But again -- and I understand the
4 focus on building out a space. If there is
5 physically no space to build out to, or if it is
6 cost-prohibitive, there are plenty of other
7 options, alternatives, for -- that are prescribed
8 by this bill that would satisfy the statute, if
9 this bill was signed into law, that do not
10 require any construction or building out of new
11 spaces.
12 SENATOR BORRELLO: Madam President,
13 will the sponsor continue to yield?
14 ACTING PRESIDENT MAYER: Do you
15 continue to yield?
16 SENATOR SKOUFIS: Yes.
17 ACTING PRESIDENT MAYER: The
18 sponsor yields.
19 SENATOR BORRELLO: So you bring up
20 lack of space. Let's go down to New York City,
21 Manhattan, where we have -- you have nursing
22 homes that are on streets where they have no
23 parking lots, no parking. Would you then expect
24 them to rent freezer trucks and put them on the
25 street? And would they legally be allowed to do
5633
1 that?
2 And would that bill override any
3 local jurisdiction, any local laws that would
4 prevent them from parking a mobile morgue,
5 essentially, on the street of someplace like
6 Manhattan?
7 SENATOR SKOUFIS: Through you,
8 Madam President. Certainly I think the easiest
9 way to satisfy what's called for in this bill and
10 in these plans is if the nursing home has
11 existing space that can be utilized. I think we
12 would all agree that's the easiest and most
13 straightforward way to satisfy what we're talking
14 about here.
15 But again, in the event that they
16 don't have existing space, they don't have the
17 ability, for one reason or another, to build out
18 new additional space, the bill does, for example,
19 provide an option to contract out with a
20 third-party mobile unit to deal with what we're
21 talking about.
22 SENATOR BORRELLO: Madam President,
23 will the sponsor continue to yield.
24 ACTING PRESIDENT MAYER: Do you
25 continue to yield?
5634
1 SENATOR SKOUFIS: Yes.
2 ACTING PRESIDENT MAYER: The
3 Senator yields.
4 SENATOR BORRELLO: So to continue
5 on with these mobile units, your bill requires
6 that these mobile units be, and I quote, isolated
7 to the greatest extent practicable from view and
8 patient or resident living and common areas,
9 including preventing access by other persons
10 other than directly involved with the storage or
11 transport of bodies of deceased persons.
12 So if you don't have a parking lot,
13 if you don't have a secure area, if you're a
14 nursing home in the middle of Midtown Manhattan,
15 how are they supposed to secure that on the
16 streets of -- on a public street?
17 SENATOR SKOUFIS: Through you,
18 Madam President, that provision is meant to
19 address -- or prohibit, rather, a situation where
20 theoretically a nursing home pulls in a
21 third-party mobile unit and puts it in the
22 courtyard of a nursing home, in full view of
23 every resident as they walk by and live their
24 daily life. We don't want situations like that
25 to crop up.
5635
1 And so, you know, the -- in the
2 hypothetical that you shared, there's nothing in
3 this bill that would -- again, it's -- the bill
4 has practicable language which I think covers the
5 situation, the scenario that you're talking
6 about. If need be, because it's not practicable
7 otherwise, these mobile units can be off-site.
8 SENATOR BORRELLO: Madam President,
9 on the bill.
10 ACTING PRESIDENT MAYER: Senator
11 Borrello on the bill.
12 SENATOR BORRELLO: Thank you,
13 Senator Skoufis.
14 I think we all can agree that we
15 hope that we never have to go through this again.
16 What happened in the pandemic and the mass
17 casualties, particularly in New York City, were
18 so tragic. And we can certainly go back and look
19 at the situation and say now what we did wrong
20 and what we did right.
21 But now, going forward, we're saying
22 we're going to burden nursing homes who have to
23 deal with our most vulnerable citizens, many of
24 which are not-for-profits, very few of which
25 actually, even in the for-profit space, actually
5636
1 make money. We continue to burden them. We
2 burden them with low reimbursement rates, higher
3 regulations, so on and so forth.
4 And now we're saying we want you to
5 be in the business of a morgue, on top of
6 everything else. That's what this bill will do.
7 We will essentially say now, on top of everything
8 else we've asked you to do -- to provide care,
9 food, medical attention, rehabilitation, all the
10 things that happen in nursing homes -- we're also
11 going to make you build out a morgue in the event
12 of another mass casualty event.
13 Meanwhile, we have funeral homes
14 that have people that are trained, licensed to
15 handle people that have passed away. They have
16 the vehicles to transport them. They have the
17 controlled environments to keep them. They
18 understand the importance and the dignity of it,
19 because that's the business they're in.
20 We're telling people whose business
21 it is to keep our vulnerable citizens alive and
22 well that they also have to be in this business.
23 I don't think that's fair. We are losing nursing
24 homes and adult care facilities across this state
25 in troubling numbers.
5637
1 And I understand the intent of this
2 bill. I don't disagree. But we're burdening an
3 already overburdened segment of healthcare, the
4 people who deal with our grandparents, our
5 parents, our aunts and uncles, and we're saying
6 we want you to be in a brand-new business in the
7 event of another tragic event like the pandemic.
8 I don't think it's fair. I don't
9 think we should expect that. And I would
10 encourage my colleagues to vote no.
11 Thank you.
12 ACTING PRESIDENT MAYER: Are there
13 any other Senators wishing to be heard?
14 Senator Helming, why do you rise?
15 SENATOR HELMING: Thank you,
16 Madam President. On the bill.
17 ACTING PRESIDENT MAYER: Senator
18 Helming on the bill.
19 SENATOR HELMING: So the bill
20 before us requires nursing homes to designate
21 dedicated storage spaces for the storage of the
22 bodies of deceased persons.
23 I wanted to start by adding another
24 headline. Senator Skoufis shared one headline; I
25 want to share another headline. This one I think
5638
1 may be more recent. It's from February of '25,
2 by Spectrum News. And that headline reads:
3 "Nursing home closures create care deserts in
4 New York."
5 We've had so many closures, staffing
6 shortages driving that, funding gaps,
7 overregulations are driving so many closures,
8 nursing home closures in our communities, and
9 it's leaving our seniors with fewer choices.
10 We should be focused here in this
11 body on increasing opportunities for our seniors,
12 and that includes making sure that we address the
13 more pressing concern, like I said, in our rural
14 areas of the need for additional quality bed
15 spaces and services for our aging population.
16 The priority, again, should be addressing this
17 need, not mandating that nursing homes invest
18 their limited resources in the storage of bodies
19 of deceased persons.
20 For this reason, Madam President, I
21 will be voting no -- Mr. President, I will be
22 voting no, and I urge my colleagues to do the
23 same.
24 ACTING PRESIDENT BAILEY: That's
25 all right. Senator Mayer is way better-looking
5639
1 than I am.
2 Are there any other Senators wishing
3 to be heard?
4 Seeing and hearing none, debate is
5 closed. The Secretary will ring the bell.
6 Read the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the 60th day after it
9 shall have because a law.
10 ACTING PRESIDENT BAILEY: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT BAILEY: Announce
14 the results.
15 THE SECRETARY: In relation to
16 Calendar 1517, voting in the negative are
17 Senators Ashby, Borrello, Canzoneri-Fitzpatrick,
18 Chan, Gallivan, Griffo, Helming, Lanza, Martinez,
19 Martins, Mattera, O'Mara, Ortt, Palumbo, Rhoads,
20 C. Ryan, Stec, Tedisco, Walczyk, Weber and Weik.
21 Ayes, 38. Nays, 21.
22 ACTING PRESIDENT BAILEY: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1812, Assembly Bill Number 6558A, by
5640
1 Assemblymember Lunsford, an act to amend the
2 Public Health Law.
3 ACTING PRESIDENT BAILEY: Senator
4 Borrello, why do you rise?
5 SENATOR BORRELLO: I believe it's
6 so that I would like to see Senator Harckham
7 maybe stretch his legs, stand up a little bit,
8 maybe answer a question.
9 ACTING PRESIDENT BAILEY: Senator
10 Harckham, would you yield to stretching your legs
11 and answering a question?
12 SENATOR HARCKHAM: Just -- just one
13 question, Mr. President?
14 (Laughter.)
15 SENATOR BORRELLO: No promises,
16 Mr. President.
17 SENATOR HARCKHAM: No, I yield,
18 Mr. President.
19 ACTING PRESIDENT BAILEY: The
20 sponsor yields.
21 SENATOR BORRELLO: Through you,
22 Mr. President. So if I'm reading this bill
23 correctly, it states that every food
24 establishment -- a bodega, a chain restaurant, so
25 on and so forth -- anybody that sells prepackaged
5641
1 foods must label them with all of the
2 ingredients, essentially, that could potentially
3 be an allergen, is that correct?
4 SENATOR HARCKHAM: Through you,
5 Mr. President, not quite.
6 Anybody who sells prepackaged foods.
7 And what we're talking about are things like
8 salads, sandwiches that people typically grab and
9 go. Not something that's custom-ordered at the
10 counter.
11 They would just need to label the
12 nine -- if one of any of the nine most
13 significant allergen ingredients are in there.
14 The CDC estimates that these nine account for
15 90 percent of food allergies.
16 And those nine would be milk, eggs,
17 fish, crustacean shellfish, tree nuts, wheat,
18 peanuts, sesame and soybeans. And paragraph B
19 then says also contains a protein derived from
20 any of the foods in paragraph A.
21 So they wouldn't have to list all of
22 the ingredients, just the ones that are included.
23 SENATOR BORRELLO: Mr. President,
24 will the sponsor continue to yield.
25 ACTING PRESIDENT BAILEY: Will the
5642
1 sponsor yield?
2 SENATOR HARCKHAM: Absolutely.
3 ACTING PRESIDENT BAILEY: The
4 sponsor yields.
5 SENATOR BORRELLO: Okay. So -- and
6 I understand the prepackaged food. I know,
7 because we do this. We have a breakfast and
8 lunch restaurant that does a lot of prepackaged
9 good to go. We have a deli that does the same
10 thing. We have an ice cream stand that actually
11 does prepackaged ice cream sandwiches that we
12 make right on the spot. Come try some sometime.
13 SENATOR HARCKHAM: I will come this
14 summer.
15 SENATOR BORRELLO: So those are a
16 lot of -- that's a lot of opportunities, I would
17 say, to have to comply with this. And I'm, you
18 know, speaking on behalf of everyone else that's
19 in this business, not just me, of course.
20 So let's just say, for example, we
21 go to ice cream, a prepackaged ice cream, like I
22 just described, an ice cream sandwich that has
23 cookies and -- I'll make myself hungry. It has
24 cookies and ice cream all in this prepackage that
25 we wrap up and put a label on. Now, instead of
5643
1 just saying the ingredients include ice cream --
2 with nonfat milk, cream, milk, butter, sugar,
3 vanilla -- is it your intent that the label must
4 list all of those ingredients?
5 SENATOR HARCKHAM: Through you,
6 Mr. President, no. It would only need to list
7 what allergens are.
8 So most establishments already put a
9 label on these anyhow, label what the brand is,
10 what the item is, you know, Borrello's ice cream
11 or some such. And so labels are being put on,
12 and if it -- the individual product contained
13 peanuts, it would just simply have to have a
14 label that said "must contain peanuts."
15 SENATOR BORRELLO: Mr. President,
16 will the sponsor continue to yield?
17 ACTING PRESIDENT BAILEY: Will the
18 sponsor yield?
19 SENATOR HARCKHAM: Absolutely.
20 ACTING PRESIDENT BAILEY: The
21 sponsor yields.
22 SENATOR BORRELLO: Okay. So if I
23 don't put a label on it right now, do I have to
24 put a label on it if I wrap it up? Do I have --
25 would I be required, if I wrap it up and put it,
5644
1 in the case of an ice cream sandwich, in a
2 freezer, am I not required to put a label on that
3 that lists those allergens?
4 SENATOR HARCKHAM: Through you,
5 Mr. President, you would be required to.
6 However, if -- let's use the example
7 of ice cream sandwiches. If I walk to the
8 counter and you took a wafer, you put the ice
9 cream in, and you put the other wafer on top and
10 you handed me that in a napkin, you would not
11 have to do the labeling. Only if they were there
12 in a prepackaged way.
13 And if I may, Mr. President, just
14 for a little bit of context. The reason we
15 proposed this bill, this bill came to me through
16 a young man who has a food allergy, ate an item,
17 a prepackaged item, went into shock and almost
18 died, had his mother not been there with an
19 EpiPen to save him, because he didn't know what
20 the ingredients were.
21 And so there are over 2 million
22 New Yorkers who have food allergies. It's a
23 significant number. That's one in 10. And
24 sadly, nationwide, we lose upwards of 200 people
25 a year to these types of incidents.
5645
1 So this is closing the gap between
2 packaged and prepackaged, just so folks know, if
3 they want to buy one of your ice cream
4 sandwiches -- I'm sure it looks very tempting,
5 but they should know whether there's something
6 that they're allergic to in there.
7 SENATOR BORRELLO: Mr. President,
8 will the sponsor continue to yield.
9 ACTING PRESIDENT BAILEY: Will the
10 sponsor yield?
11 SENATOR HARCKHAM: Yes.
12 ACTING PRESIDENT BAILEY: The
13 sponsor yields.
14 SENATOR BORRELLO: That's certainly
15 a terrifying scenario you just described. But
16 most people that have food allergies are usually
17 prepared for that. So if I make an ice cream
18 sandwich fresh, hand it to them on a napkin, I
19 don't have to -- I'm not obligated to tell them
20 about any allergens. But if I wrap it up and
21 that same person buys it, I am. I don't
22 understand what we're accomplishing there.
23 SENATOR HARCKHAM: Well, because
24 we're talking about the prepackaged market.
25 We're not talking about the fresh market. We're
5646
1 talking about prepackaged foods.
2 So how often do folks on their way
3 to work pick up a prepackaged sandwich which
4 they're going to have later, a prepackaged salad
5 which they can have later? It's those that are
6 prepackaged that already have a label on them.
7 This is just one other step of labeling.
8 SENATOR BORRELLO: Mr. President,
9 will the sponsor continue to yield.
10 ACTING PRESIDENT BAILEY: Will the
11 sponsor yield?
12 SENATOR HARCKHAM: Absolutely.
13 ACTING PRESIDENT BAILEY: The
14 sponsor yields.
15 SENATOR BORRELLO: I understand the
16 intent. But if I am handing someone a bacon, egg
17 and cheese breakfast sandwich and someone has an
18 egg allergy, I don't have to tell them, and they
19 don't have to -- they're not going to ask me, I'm
20 not going to tell them.
21 But if that same person with that
22 same egg allergy, you know, picks it up out of
23 the little hotbox, somehow I'm now obligated to
24 tell them about the allergens.
25 So the issue is the same, whether
5647
1 it's a fresh-made bacon, egg and cheese sandwich,
2 which says it has egg in it, or whether it's
3 prepackaged. So I guess I'm trying to
4 understand, other than making this more
5 complicated for small businesses, how we're going
6 to improve safety.
7 SENATOR HARCKHAM: Through you,
8 Mr. President. There is a difference. Because
9 the consumer -- if you're behind the counter, the
10 consumer can ask you. So they can say, I am
11 allergic to eggs, does this contain eggs? And
12 then you as a responsible business owner will
13 say, as a bacon, egg and cheese sandwich, it
14 contains eggs.
15 But when there's not that personal
16 interaction, when someone is just getting
17 something from a counter or off a shelf -- I go
18 back to the example of this young man who goes
19 after -- when they get out of high school, he and
20 his friends go across the street. And what do
21 young high school students do? They want to eat
22 after school. And so they're all grabbing things
23 off the shelf, and he is unable to do that
24 because he doesn't know what the ingredients are
25 in a wrap, in a sandwich, in a salad.
5648
1 SENATOR BORRELLO: Mr. President,
2 will the sponsor continue to yield?
3 ACTING PRESIDENT BAILEY: Will the
4 sponsor yield?
5 SENATOR HARCKHAM: Absolutely.
6 ACTING PRESIDENT BAILEY: The
7 sponsor yields.
8 SENATOR BORRELLO: Let's just say
9 you go get a peanut butter and jelly sandwich
10 that's prepackaged at a convenience store.
11 You've got peanut butter, which has multiple
12 things in it that could be problematic. But it
13 says "peanut butter" because it's a peanut butter
14 and jelly sandwich.
15 What is it that they will be
16 required to list? Would they be required to
17 list, you know, wheat, peanuts, sesame -- because
18 it's on a piece of bread that contains, you know,
19 wheat flour, all that kind of stuff. You know,
20 if it's a hard roll, it's got sesame seeds. You
21 have to list sesame, which is also another
22 allergen.
23 How much in a peanut butter and
24 jelly sandwich on a hard roll, a sesame hard
25 roll, how many different things would have to be
5649
1 listed? And what are they?
2 SENATOR HARCKHAM: Through you,
3 Mr. President. It depends on what the
4 ingredients of any given item are. If any of
5 these nine items are in that, they need to be
6 listed. Right? Right.
7 So if there are three of the nine,
8 Mr. President, it would require three of the
9 nine. If there were one of the nine, it would
10 require, you know, "This product contains
11 peanuts," "This product contains eggs."
12 SENATOR BORRELLO: Mr. President,
13 on the bill.
14 ACTING PRESIDENT BAILEY: Senator
15 Borrello on the bill.
16 SENATOR BORRELLO: Thank you,
17 Senator Harckham. Appreciate the engagement
18 today, as usual.
19 So I know this is good intent. We
20 have lot of bills here that are good intent. But
21 when you operate a small business that isn't in
22 the business of food processing and packaging --
23 you know, obviously if there are bigger places,
24 like when you stop at a Thruway service area,
25 that contract with a company whose business it is
5650
1 to make sandwiches and salads, put them in
2 containers, put labels on them, they print the
3 labels, they make them en masse, they know how to
4 handle it.
5 When you start talking about a small
6 business like I have described, someone who makes
7 their own, you know, homemade bacon, egg and
8 cheese on a bagel and wraps it up and puts it out
9 there -- for the convenience of their customers,
10 they put them out there -- this bill may drive
11 those people to no longer provide that
12 convenience and to lose that revenue.
13 I also am always concerned about the
14 legal ramifications, right? We don't want to
15 have these, you know, legal bounty hunters out
16 there saying, Look at that, there's a bacon, egg
17 and cheese sandwich at this little bodega that
18 doesn't have a label on it, and now they've got
19 some financial and legal problems as a result.
20 Which is probably what's going to happen.
21 At the end of the day, we have to
22 recognize the fact that as horrible as it is --
23 and I know lots of people who have lots of food
24 allergies, which is really tragic -- they also
25 have that responsibility. And most of the time
5651
1 they're very conscientious about asking or
2 looking or finding out.
3 And I realize you could run into a
4 store, grab a sandwich, pay for it, but you have
5 to at some point have some kind of interaction
6 with somebody in a small business, most likely.
7 That way you can ask, Hey, you know what, what's
8 in this sandwich?
9 I know people that, again, have
10 gluten allergies, severe gluten allergies.
11 They're very, very, very conscientious about
12 asking, every time: Can I eat this? Because
13 here's my problem.
14 You know, so I understand the intent
15 of this, but I think it's very onerous,
16 particularly on small businesses, particularly on
17 those that just don't have the staffing, the
18 capability to meet this standard.
19 There are people out there that can
20 do this, and those are the folks that I think we
21 should ensure are doing it, because that's the
22 business that they are in. But for small
23 businesses, I think this would be a little bit
24 too much of a burden.
25 I'm sure there's some changes that
5652
1 could be made to improve it. But in its current
2 form, I'm going to vote no, and I would certainly
3 encourage my colleagues to do the same.
4 Thank you.
5 ACTING PRESIDENT BAILEY: Thank
6 you, Senator Borrello.
7 Are there any other Senators wishing
8 to be heard?
9 Seeing and hearing none, debate is
10 closed. Ring the bell.
11 Read the last section.
12 THE SECRETARY: Section 3. This
13 act shall take effect one year after it shall
14 have become a law.
15 ACTING PRESIDENT BAILEY: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT BAILEY: Senator
19 Harckham to explain his vote.
20 SENATOR HARCKHAM: Thank you very
21 much, Mr. President.
22 I want to thank my colleague
23 Senator Borrello for the discussion. I do look
24 forward to coming out this summer and visiting
25 your establishment. I know we've talked about
5653
1 that before. We will get out there this summer.
2 Mr. President, there are over
3 2 million New Yorkers who have food allergies.
4 Upwards of 200 Americans die each year because of
5 allergic reaction to a food. And those numbers
6 are dwarfed by scores, multiple scores more who
7 are hospitalized. Those hospitalizations cost
8 our healthcare system, cost our economy.
9 This is a way to close the loop.
10 Right now packaged goods are required by the
11 federal government to be labeled. This closes a
12 loop, as we discussed, on prepackaged foods --
13 sandwiches, salads, things like that.
14 I want to thank all of the
15 advocates, the students and their parents who
16 advocate for this and other allergen bills, as
17 well as the more than 19 organizations who have
18 endorsed this bill, the food allergy research
19 and education organizations, the Asthma and
20 Allergy Foundation, the American College of
21 Allergy, Asthma and Immunology, the
22 Greater Buffalo Allergy Alliance, and on and on
23 and on.
24 So we are very proud of this bill.
25 We want to thank all of the advocates and
5654
1 supporters. And I will proudly be voting aye.
2 Thank you.
3 ACTING PRESIDENT BAILEY: Senator
4 Harckham to be recorded in the affirmative.
5 Prior to calling for the announcing
6 of results, please keep some order in the
7 chamber.
8 Announce the results.
9 THE SECRETARY: In relation to
10 Calendar 1812, voting in the negative are
11 Senators Borrello, Chan, Gallivan, Helming,
12 Martins, O'Mara, Ortt, Rhoads, Stec, Tedisco,
13 Weber and Weik.
14 Ayes, 47. Nays, 12.
15 ACTING PRESIDENT BAILEY: The bill
16 is passed.
17 Senator Gianaris.
18 SENATOR GIANARIS: Mr. President,
19 on the supplemental calendar there was a bill
20 that was laid aside because the bill was high,
21 but that was in error. So if we could remove the
22 lay-aside on Calendar 1865 and take that up,
23 please.
24 ACTING PRESIDENT BAILEY: Remove
25 the lay-aside on Calendar 1865.
5655
1 The Secretary will read.
2 THE SECRETARY: Calendar Number
3 1865, Senate Print 8396, by Senator Gianaris, an
4 act to amend Chapter 704 of the Laws of 1991.
5 ACTING PRESIDENT BAILEY: Read the
6 last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect immediately.
9 ACTING PRESIDENT BAILEY: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT BAILEY: Announce
13 the results.
14 THE SECRETARY: In relation to
15 Calendar 1865, voting in the negative are
16 Senators Martins and Skoufis.
17 Ayes, 57. Nays, 2.
18 ACTING PRESIDENT BAILEY: The bill
19 is passed.
20 We'll return to the controversial
21 calendar.
22 The Secretary will ring the bell.
23 The Secretary will read.
24 THE SECRETARY: Calendar Number
25 1836, Senate Print 7638A, by Senator Hinchey, an
5656
1 act to amend the General Municipal Law.
2 ACTING PRESIDENT BAILEY: Senator
3 Borrello, why do you rise?
4 SENATOR BORRELLO: Because
5 apparently I'm a glutton for punishment,
6 Mr. President.
7 ACTING PRESIDENT BAILEY: You are
8 wearing a nice jacket, Senator Borrello.
9 SENATOR BORRELLO: I think you are
10 as well. Thank you.
11 ACTING PRESIDENT BAILEY: Thank
12 you, sir.
13 SENATOR BORRELLO: Will the sponsor
14 yield for a question.
15 ACTING PRESIDENT BAILEY: Will the
16 sponsor yield?
17 SENATOR HINCHEY: I will.
18 ACTING PRESIDENT BAILEY: The
19 sponsor yields.
20 SENATOR BORRELLO: Through you,
21 Mr. President. First of all, excuse my back as I
22 face this way.
23 SENATOR HINCHEY: Your jackets are
24 twins.
25 SENATOR BORRELLO: (Laughing.) He
5657
1 looks better in it than I do.
2 (Laughter.)
3 SENATOR BORRELLO: So obviously we
4 understand that this bill -- you want to
5 change -- essentially you want to incentivize
6 certain people, certain companies that are
7 engaged in certain practices that you like, I
8 guess would be the best way to say it, since this
9 is your bill.
10 But why did you make the change from
11 last year when -- to make the local economy
12 standard? So just one of the ways to qualify for
13 the preference, instead of meeting these
14 standards and another one, it seems to be -- this
15 could be leading to incentivizing out-of-state
16 companies, potentially, based on the way this is
17 written. You know, giving preference to
18 out-of-state companies because they meet those
19 standards and practices that you prefer in this
20 pill.
21 SENATOR HINCHEY: Sure. Through
22 you, Mr. President, I appreciate the question.
23 Thank you, Senator Borrello.
24 What the intention -- starting with
25 I think the first point, the intention of this
5658
1 bill is actually to help expand markets for our
2 New York State farmers and start to actually pay
3 them even more money for the products that they
4 grow here in our state.
5 So what it does is allows
6 municipalities to be able to pay 10 percent
7 higher than the lowest responsible bidder if
8 the -- where they're purchasing from, if the farm
9 or the farm business meets one of the criteria.
10 The important part, though, is that
11 one of the amendments that we did make is that
12 it's actually within New York State and one of
13 the criteria below. So this is only for
14 businesses that are located in New York State.
15 SENATOR BORRELLO: Mr. President,
16 will the sponsor continue to yield?
17 ACTING PRESIDENT BAILEY: Will the
18 sponsor yield?
19 SENATOR HINCHEY: I do.
20 ACTING PRESIDENT BAILEY: The
21 sponsor yields.
22 SENATOR BORRELLO: So, you know,
23 obviously we've had a lot of investment in dairy
24 here in New York State, because we're all proud
25 of our dairy here. But it appears that these
5659
1 dairy products are excluded from the nutrition
2 standard of this bill. Why would that be?
3 SENATOR HINCHEY: Through you,
4 Mr. President. This bill is really mostly
5 focused on broader crops.
6 You know, we have done a lot of work
7 in this chamber, including this year we are
8 pushing to expand whole milk back into our
9 schools. And we fixed it, in the budget, to make
10 sure that our dairy farms were able to get the
11 overtime tax credit that we had passed
12 historically, we had passed previously. It was
13 vetoed. We got that done in the budget.
14 So we love and support our dairy
15 farmers. We also talked to NEDPA, and they're
16 not opposed to this bill.
17 But this is really focused on mostly
18 the growers.
19 SENATOR BORRELLO: Mr. President,
20 would the sponsor continue to yield.
21 ACTING PRESIDENT BAILEY: Will the
22 sponsor yield?
23 SENATOR HINCHEY: I do.
24 ACTING PRESIDENT BAILEY: The
25 sponsor yields.
5660
1 SENATOR BORRELLO: Well, I think we
2 both can agree that despite all that we've done,
3 our dairy farmers are still under a lot of strain
4 here in New York State. We see it more and more.
5 And we also know that when it comes
6 to nutrition and, you know, trying to obviously
7 get better, more nutritious foods into the hands
8 particularly of, you know, low-income people, our
9 children in schools, that dairy is a great way to
10 do that.
11 So why would we not include them in
12 this bill?
13 SENATOR HINCHEY: Through you,
14 Mr. President. I agree. I think, you know, the
15 science is clear that whole milk is especially
16 nutritious especially for our children, which is
17 why we are, with your help, pushing the whole
18 milk in schools bill, and I'm hopeful that we
19 will pass that this session.
20 Again, this bill has been focused on
21 the growers. If we can get this bill signed by
22 the Governor, would love to revisit it to add in
23 dairy as well.
24 SENATOR BORRELLO: Mr. President,
25 will the sponsor continue to yield?
5661
1 ACTING PRESIDENT BAILEY: Will the
2 sponsor yield?
3 SENATOR HINCHEY: I will.
4 ACTING PRESIDENT BAILEY: The
5 sponsor yields.
6 SENATOR BORRELLO: I'm glad to hear
7 that, that that would be a good change.
8 But on page 2 of your bill there was
9 a change made to require the bidder to be based
10 in New York. But couldn't this also include
11 distributors?
12 I know in the restaurant business
13 you have food distributors that bring food in
14 from all over. They're still a New York-based
15 company, but the food that they are actually
16 buying would not necessarily be from New York.
17 These are food aggregators, essentially.
18 So how are we going to ensure that
19 the person that's given the contract is actually
20 purchasing New York-grown products?
21 SENATOR HINCHEY: (Conferring.)
22 Through you, Mr. President. Thank you.
23 At least 51 percent has to be
24 sourced in New York State. So it's over
25 50 percent of the products have to be sourced
5662
1 from our state to be -- to qualify.
2 SENATOR BORRELLO: Mr. President,
3 will the sponsor continue to yield?
4 ACTING PRESIDENT BAILEY: Will the
5 sponsor yield?
6 SENATOR HINCHEY: I do.
7 ACTING PRESIDENT BAILEY: The
8 sponsor yields.
9 SENATOR BORRELLO: Certainly
10 51 percent is obviously just more than half.
11 But, you know, when you start
12 talking about food distributors, these are folks
13 that typically, you know, are -- they're bigger
14 companies, they are -- they're going to be
15 competing now with smaller companies that might
16 be actually a hundred percent New York-grown, a
17 hundred percent New York-based product.
18 So you're really kind of, you know,
19 with this standard that you have here, which I
20 think is a change, you know, the school -- how
21 are schools supposed to evaluate the fact that
22 they're dealing with a company that is bringing
23 in food from all over? Even if it's 51 percent,
24 49 percent of it is going to be from outside
25 New York State.
5663
1 But we're doing this obviously with
2 New York State -- intentions of promoting
3 New York State-grown products, right? So how are
4 they supposed to evaluate that standard?
5 SENATOR HINCHEY: Through you,
6 Mr. President. The 51 percent was modeled after
7 the New York Grown and Certified Program, which
8 is a program that actually our farmers rave
9 about, so much so that we added that program into
10 the local economies portion of this bill.
11 But the standard in New York Grown
12 and Certified is 51 percent, so we followed that
13 as well.
14 I'd also be curious in, you know,
15 where specifically in the bill -- I know you
16 mentioned line 2, I just want to make sure I'm
17 looking at the right thing where you're talking
18 specifically about distributors. Because in this
19 bill we're not talking about distributors, and I
20 just want to make sure we're on the same page.
21 But overall, the 51 percent is
22 modeled after New York Grown and Certified.
23 SENATOR BORRELLO: Mr. President,
24 can I answer her question? How would I do -- on
25 the bill, to answer the question?
5664
1 ACTING PRESIDENT BAILEY: Senator
2 Borrello to answer the question on the bill, yes.
3 SENATOR BORRELLO: Thank you.
4 So it's on page 2 of the bill. And
5 it's a change that was made recently to require
6 the bidder to be based in New York. But this
7 could include distributors. I don't think it
8 specifically spells out distributors, but it
9 could be distributors. I don't think it's clear
10 as to excluding distributors from that on page 2.
11 Because, again, these are -- you
12 start talking about U.S. Foods, as an example.
13 They're a big national company that could be
14 included in this because they have operations in
15 New York State.
16 SENATOR HINCHEY: Through you,
17 Mr. President. Thank you.
18 But to answer the question, the
19 51 percent is based on New York Grown and
20 Certified.
21 SENATOR BORRELLO: Okay, moving on.
22 Mr. President, will the sponsor
23 continue to yield.
24 ACTING PRESIDENT BAILEY: Will the
25 sponsor yield?
5665
1 SENATOR HINCHEY: Yes.
2 ACTING PRESIDENT BAILEY: The
3 sponsor yields.
4 SENATOR BORRELLO: So this
5 10 percent standard says if you meet one or more
6 of the requirements. I mean, wouldn't we want to
7 maybe strengthen that to maybe two or more or
8 three or more of those requirements?
9 One or more is kind of a low bar
10 that I think would include a lot of folks like I
11 was describing that, you know, may not be really
12 pushing out as much of the New York-grown
13 products as we would like.
14 SENATOR HINCHEY: Through you,
15 Mr. President. We did not want to make this
16 onerous on our farmers, specifically. The entire
17 point of this program is to make it so that our
18 farmers have additional markets, specifically in
19 places like New York City.
20 One of the things we hear both from
21 the city itself and from our farmers is it's a
22 market that they don't have as much access to as
23 they would like, and the city would like to buy
24 more from growers upstate.
25 And so what we are working to do is
5666
1 to really connect those dots and have that happen
2 so we can support our farmers and farm businesses
3 in New York, keep them thriving -- because
4 there's a lot of pressures, both not just
5 nationally but internationally. And that is --
6 sorry, I've lost my train of thought here.
7 But that we're wanting to make
8 sure -- we're wanting to make it easier. And so
9 by having too many of the criteria be an "and" --
10 which is something we actually heard from the ag
11 community that they didn't want -- we're hoping
12 that we can have more folks qualify and expand
13 even more markets for our farmers across the
14 state.
15 SENATOR BORRELLO: Mr. President,
16 will the sponsor continue to yield?
17 ACTING PRESIDENT BAILEY: Will the
18 sponsor yield?
19 SENATOR HINCHEY: I do.
20 ACTING PRESIDENT BAILEY: The
21 sponsor yields.
22 SENATOR BORRELLO: So given that
23 this bill was actually vetoed last year by the
24 Governor because she had concerns, some of the
25 ones I've outlined, how has this bill been
5667
1 changed this year to ensure that the Governor
2 doesn't veto it again?
3 SENATOR HINCHEY: Thank you.
4 Through you, Mr. President. The
5 bill has been changed to address the veto
6 message. The concerns were more about some of
7 the existing programs at Ag & Markets like
8 New York Grown and Certified and the
9 Climate Resilient Farming program. So we've
10 actually added those programs into the qualifying
11 criteria.
12 We have New York Grown and Certified
13 referenced in the local economies, and we have
14 the climate resilient farming referenced within
15 the environmental standards bucket.
16 Again, both of those things were
17 things that we talked to our farmers about, and
18 the Farm Bureau and our farming coalition, and
19 they were supportive in wanting to have that
20 included as well.
21 SENATOR BORRELLO: Mr. President,
22 will the sponsor continue to yield.
23 ACTING PRESIDENT BAILEY: Will the
24 sponsor yield?
25 SENATOR HINCHEY: I do.
5668
1 ACTING PRESIDENT BAILEY: the
2 sponsor yields.
3 SENATOR BORRELLO: Well, I think we
4 all know the New York Farm Bureau is obviously an
5 important ally and advocate for our farmers, and
6 they are -- continue to be opposed to this bill.
7 One of the things that they say in
8 their opposition memo is the bill establishes
9 preferences in state law that don't reflect
10 regulated production methods. So the New York
11 Farm Bureau has serious concerns with the
12 preference language in the environmental
13 sustainability, animal welfare, nutrition, and
14 valued workforce standards.
15 So if the folks that represent the
16 farmers that we're trying to help -- and they are
17 opposed to this, how come we haven't made I guess
18 even more changes and considerations to this law?
19 Because clearly the Farm Bureau is still opposed.
20 SENATOR HINCHEY: Through you,
21 Mr. President. We worked really closely with the
22 Farm Bureau and made a lot of changes, actually,
23 that they wanted.
24 I think one of the challenges was
25 that they would have preferred to have just had
5669
1 existing law reflected in the criteria.
2 And the point of the bill is to
3 allow municipalities and local governments to pay
4 a little bit more than they can currently for the
5 values that they believe in, whether that is good
6 environmental practices or local economies being
7 one.
8 And so we made a number of changes.
9 I can't speak to the Farm Bureau specifically,
10 although there are a number of things in this
11 memo where they address things that we have
12 actually addressed in the bill. Their first memo
13 of opposition that they sent this year had a
14 number of errors in it that were addressed in the
15 current iteration of the bill.
16 And regarding the regulation
17 perspective, we've passed a number of pieces of
18 legislation through this chamber that help our
19 farmers that they've been supportive of. I mean,
20 we change the purchasing thresholds for state
21 agencies. Instead of waiting to do that by
22 regulations, we worked to do that through this
23 chamber. And whole milk in schools again could
24 be done regulatorily, but we want to make sure
25 that we do that statutorily.
5670
1 So this is a bill that is really
2 meant to help our farmers. Again, a number of
3 the other organizations are not opposed to it.
4 NOFA is in strong support of this bill. And
5 we've worked with all of our farmers to try to
6 get them as close to positive as we could.
7 SENATOR BORRELLO: Mr. President,
8 on the bill.
9 ACTING PRESIDENT BAILEY: Senator
10 Borrello on the bill.
11 SENATOR BORRELLO: Thank you,
12 Chairwoman Hinchey. Again, I am proud to be the
13 ranking member of the Senate Ag Committee with
14 Senator Hinchey as the chair.
15 But I still have concerns here. So
16 we want to encourage more New York-grown products
17 to be in our schools and our municipalities and
18 so on and so forth. We have the Farm-to-School
19 program, where this bill says you can pay
20 10 percent more, but you have to make sure that
21 you have all these hoops to jump through that
22 really have nothing to do with good nutrition and
23 good agriculture, honestly.
24 I understand the sustainable farming
25 and, you know, all these things that -- social
5671
1 equity things. But at the end of the day what we
2 really want is we want our farmers to be able to
3 sell food, and we want to give government
4 agencies, schools, the ability to spend a little
5 bit more to get that. We can do that. We don't
6 have to make them jump through all these hoops.
7 We can do it. We have this Farm-to-School
8 program that is horribly underutilized, largely
9 because they have a hard time navigating all of
10 this.
11 And in here, in the Farm Bureau's
12 opposition memo, it says New York Farm Bureau
13 also has concerns regarding how these standards
14 will be evaluated by municipalities. Some
15 municipalities will not have the resources or
16 understanding of agricultural practices to
17 evaluate products and establish criteria for
18 these standards.
19 What we're saying is we have to make
20 them into experts on things like sustainable
21 farming and the social equity programs that might
22 be in place on a farm. I just think that's too
23 much. We can do this more simply.
24 Do you grow food in New York?
25 Great. This municipality can spend 10 percent
5672
1 more, or this school district can spend
2 10 percent more to buy something from a farmer in
3 New York. I don't care what color they are, I
4 don't care what kind of practices they are,
5 they're a farmer in New York, and that's what we
6 should be doing to support them.
7 So I'll be voting no. Thank you.
8 ACTING PRESIDENT BAILEY: Thank
9 you, Senator Borrello.
10 Are there any other Senators wishing
11 to be heard?
12 Seeing and hearing none, debate is
13 closed. The Secretary will ring the bell.
14 Read the last section.
15 THE SECRETARY: Section 3. This
16 act shall take effect immediately.
17 ACTING PRESIDENT BAILEY: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT BAILEY: Senator
21 Hinchey to explain her vote.
22 SENATOR HINCHEY: Thank you,
23 Mr. President.
24 And I want to thank my colleague
25 Senator Borrello for the discussion on this bill.
5673
1 A couple of points. As it pertains
2 to municipalities and local governments having
3 too much confusion on what can qualify,
4 municipalities are actually the ones that are
5 asking us for this bill.
6 We've worked very closely,
7 specifically, with the City of New York because
8 they want to buy more food from our upstate
9 farmers.
10 And we've talked to local
11 governments across our state who are very
12 interested and excited about this bill.
13 Specifically for New York City,
14 though, right now they're actually purchasing a
15 number of their different food contracts from
16 places like Pennsylvania, Connecticut and
17 New Jersey. We want to give them the tools --
18 which is why we added best value into the bill in
19 this current iteration -- we want to give them
20 the tools and the ability to really focus on
21 buying from New York to strengthen our farmers
22 and to give them more markets so that our farm
23 businesses can stay in business here in New York.
24 I'm really proud of this bill.
25 We've addressed a number of the issues in the
5674
1 veto message, I believe all of the issues in the
2 veto message. This bill I believe has passed
3 this chamber -- this might be the third or fourth
4 time, and I look forward to it being signed into
5 law this year.
6 Thank you very much.
7 ACTING PRESIDENT BAILEY: Senator
8 Hinchey to be recorded in the affirmative.
9 Announce the results.
10 THE SECRETARY: In relation to
11 Calendar 1836, voting in the negative are
12 Senators Ashby, Borrello, Canzoneri-Fitzpatrick,
13 Chan, Griffo, Helming, Lanza, Martinez, Mattera,
14 O'Mara, Ortt, Rhoads, Stec, Tedisco, Walczyk,
15 Weber and Weik. Also Senator Oberacker.
16 Ayes, 41. Nays, 18.
17 Sorry. Senator Martinez in the
18 affirmative, excuse me.
19 Ayes, 42. Nays, 17.
20 ACTING PRESIDENT BAILEY: The bill
21 is passed.
22 Senator Gianaris, that completes the
23 reading of the controversial calendar.
24 SENATOR GIANARIS: Thank you,
25 Mr. President.
5675
1 At this time we're going to break
2 for respective party conferences and come back to
3 take up another Rules agenda and a supplemental
4 calendar, at which point we will conclude our
5 work for the evening.
6 So please call on Senator Lanza.
7 ACTING PRESIDENT BAILEY: Senator
8 Lanza.
9 SENATOR LANZA: Thank you,
10 Senator Gianaris.
11 Mr. President, there will be an
12 immediate meeting of the Republican Conference in
13 Room 315 of the Capitol.
14 ACTING PRESIDENT BAILEY: Immediate
15 meeting of the Republican Conference in Room 315
16 of the Capitol.
17 Senator Gianaris.
18 SENATOR GIANARIS: And an immediate
19 meeting of the Democratic Conference in Room 332.
20 Session will reconvene at 8:00 p.m.
21 ACTING PRESIDENT BAILEY: There
22 will be an immediate meeting of the
23 Democratic Conference in Room 332.
24 The Senate will reconvene at
25 8:00 p.m.
5676
1 The Senate stands at ease.
2 (Whereupon, the Senate stood at ease
3 at 7:08 p.m.)
4 (Whereupon, the Senate reconvened at
5 9:07 p.m.)
6 ACTING PRESIDENT MAYER: The Senate
7 will return to order.
8 Senator Gianaris.
9 SENATOR GIANARIS: Madam President,
10 I believe we have some messages from the
11 Assembly.
12 ACTING PRESIDENT MAYER: The
13 Secretary will read.
14 THE SECRETARY: Senator Jackson
15 moves to discharge, from the Committee on
16 Civil Service and Pensions, Assembly Bill
17 Number 779 and substitute it for the identical
18 Senate Bill 12, Third Reading Calendar 286.
19 Senator Mayer moves to discharge,
20 from the Committee on Disabilities, Assembly Bill
21 Number 7325 and substitute it for the identical
22 Senate Bill 6619, Third Reading Calendar 736.
23 Senator Hinchey moves to discharge,
24 from the Committee on Judiciary, Assembly Bill
25 Number 6556 and substitute it for the identical
5677
1 Senate Bill 5514, Third Reading Calendar 774.
2 Senator May moves to discharge, from
3 the Committee on Judiciary, Assembly Bill
4 Number 1890 and substitute it for the identical
5 Senate Bill 7358, Third Reading Calendar 775.
6 Senator Sepúlveda moves to
7 discharge, from the Committee on Rules,
8 Assembly Bill Number 203B and substitute it for
9 the identical Senate Bill 5294B, Third Reading
10 Calendar 893.
11 Senator Jackson moves to discharge,
12 from the Committee on Civil Service and Pensions,
13 Assembly Bill Number 6624 and substitute it for
14 the identical Senate Bill 5760, Third Reading
15 Calendar 949.
16 Senator Hoylman-Sigal moves to
17 discharge, from the Committee on Rules,
18 Assembly Bill Number 3307A and substitute it for
19 the identical Senate Bill 1840A, Third Reading
20 Calendar 987.
21 Senator Sanders moves to discharge,
22 from the Committee on Rules, Assembly Bill
23 Number 7235 and substitute it for the identical
24 Senate Bill 6315, Third Reading Calendar 1009.
25 Senator Cooney moves to discharge,
5678
1 from the Committee on Finance, Assembly Bill
2 Number 4723 and substitute it for the identical
3 Senate Bill 3106, Third Reading Calendar 1041.
4 Senator Martinez moves to discharge,
5 from the Committee on Rules, Assembly Bill
6 Number 8601A and substitute it for the identical
7 Senate Bill 7543A, Third Reading Calendar 1108.
8 Senator Harckham moves to discharge,
9 from the Committee on Rules, Assembly Bill
10 Number 8237B and substitute it for the identical
11 Senate Bill 6930B, Third Reading Calendar 1235.
12 Senator Harckham moves to discharge,
13 from the Committee on Rules, Assembly Bill
14 Number 7843B and substitute it for the identical
15 Senate Bill 7706B, Third Reading Calendar 1240.
16 Senator Jackson moves to discharge,
17 from the Committee on Civil Service and Pensions,
18 Assembly Bill Number 8417 and substitute it for
19 the identical Senate Bill 8181, Third Reading
20 Calendar 1313.
21 Senator Hoylman-Sigal moves to
22 discharge, from the Committee on Rules,
23 Assembly Bill Number 4997 and substitute it for
24 the identical Senate Bill 4289, Third Reading
25 Calendar 1375.
5679
1 Senator Bynoe moves to discharge,
2 from the Committee on Environmental Conservation,
3 Assembly Bill Number 8281 and substitute it for
4 the identical Senate Bill 7862, Third Reading
5 Calendar 1381.
6 Senator Bynoe moves to discharge,
7 from the Committee on Environmental Conservation,
8 Assembly Bill Number 8654 and substitute it for
9 the identical Senate Bill 7863A, Third Reading
10 Calendar 1382.
11 Senator Bynoe moves to discharge,
12 from the Committee on Environmental Conservation,
13 Assembly Bill Number 8661 and substitute it for
14 the identical Senate Bill 7864, Third Reading
15 Calendar 1383.
16 Senator Cooney moves to discharge,
17 from the Committee on Rules, Assembly Bill
18 Number 2496 and substitute it for the identical
19 Senate Bill Number 3257, Third Reading
20 Calendar 1396.
21 Senator Baskin moves to discharge,
22 from the Committee on Consumer Protection,
23 Assembly Bill Number 4521 and substitute it for
24 the identical Senate Bill 6722, Third Reading
25 Calendar 1413.
5680
1 Senator Stec moves to discharge,
2 from the Committee on Rules, Assembly Bill
3 Number 4025 and substitute it for the identical
4 Senate Bill 19, Third Reading Calendar 1430.
5 Senator Stec moves to discharge,
6 from the Committee on Rules, Assembly Bill
7 Number 8011 and substitute it for the identical
8 Senate Bill 7368, Third Reading Calendar 1444.
9 Senator Scarcella-Spanton moves to
10 discharge, from the Committee on Insurance,
11 Assembly Bill Number 3280A and substitute it for
12 the identical Senate Bill 3323A, Third Reading
13 Calendar 1447.
14 ACTING PRESIDENT MAYER: So
15 ordered.
16 SENATOR GIANARIS: Madam President,
17 let's take up the Supplemental Active List No. 2,
18 please.
19 ACTING PRESIDENT MAYER: The
20 Secretary will read.
21 THE SECRETARY: Calendar Number
22 286, Assembly Bill Number 779, by
23 Assemblymember Pheffer Amato, an act to amend the
24 Civil Service Law.
25 ACTING PRESIDENT MAYER: Read the
5681
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT MAYER: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT MAYER: Announce
8 the results.
9 THE SECRETARY: Ayes, 59.
10 ACTING PRESIDENT MAYER: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 383, Senate Print 2666A, by Senator Salazar, an
14 act to amend the Correction Law.
15 ACTING PRESIDENT MAYER: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MAYER: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT MAYER: Announce
23 the results.
24 THE SECRETARY: In relation to
25 Calendar 383, voting in the negative are
5682
1 Senators Borrello, Canzoneri-Fitzpatrick, Chan,
2 Gallivan, Griffo, Martins, Oberacker, Ortt,
3 Rhoads, Stec, Tedisco, Walczyk, Weber and Weik.
4 Ayes, 45. Nays, 14.
5 ACTING PRESIDENT MAYER: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 567, Senate Print 5935A, by Senator Addabbo, an
9 act to amend the Racing, Pari-Mutuel Wagering and
10 Breeding Law.
11 SENATOR LANZA: Lay it aside.
12 ACTING PRESIDENT MAYER: The bill
13 is laid aside.
14 THE SECRETARY: Calendar Number
15 589, Senate Print 5556, by Senator Hoylman-Sigal,
16 an act to amend the Insurance Law.
17 SENATOR GIANARIS: Lay it aside for
18 the day, please.
19 ACTING PRESIDENT MAYER: The bill
20 is laid aside for the day.
21 THE SECRETARY: Calendar Number
22 707, Senate Print 5510, by Senator Parker, an act
23 to require the New York State Energy Research and
24 Development Authority to develop recommendations
25 regarding the establishment of microgrids.
5683
1 ACTING PRESIDENT MAYER: Read the
2 last section.
3 THE SECRETARY: Section 3. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MAYER: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT MAYER: Announce
9 the results.
10 THE SECRETARY: In relation to
11 Calendar 707, voting in the negative:
12 Senators Oberacker and Walczyk.
13 Ayes, 57. Nays, 2.
14 ACTING PRESIDENT MAYER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 718, Senate Print 6533, by Senator Stavisky, an
18 act to amend the Real Property Tax Law.
19 ACTING PRESIDENT MAYER: Read the
20 last section.
21 THE SECRETARY: Section 4. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MAYER: Call the
24 roll.
25 (The Secretary called the roll.)
5684
1 ACTING PRESIDENT MAYER: Announce
2 the results.
3 THE SECRETARY: Ayes, 59.
4 ACTING PRESIDENT MAYER: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 736, Assembly Bill Number 7325, by
8 Assemblymember Paulin, an act to amend Section 4
9 of Part C of Chapter 57 of the Laws of 2024.
10 ACTING PRESIDENT MAYER: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT MAYER: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT MAYER: Announce
18 the results.
19 THE SECRETARY: Ayes, 59.
20 ACTING PRESIDENT MAYER: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 774, Assembly Bill Number 6556, by
24 Assemblymember Rosenthal, an act to amend the
25 Civil Practice Law and Rules.
5685
1 ACTING PRESIDENT MAYER: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MAYER: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT MAYER: Announce
9 the results.
10 THE SECRETARY: In relation to
11 Calendar 774, voting in the negative:
12 Senator Ortt.
13 Ayes, 58. Nays, 1.
14 ACTING PRESIDENT MAYER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 775, Assembly Bill Number 1890, by
18 Assemblymember Glick, an act to amend the
19 Real Property Law.
20 ACTING PRESIDENT MAYER: Read the
21 last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect on the 60th day after it
24 shall have become a law.
25 ACTING PRESIDENT MAYER: Call the
5686
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT MAYER: Announce
4 the results.
5 THE SECRETARY: In relation to
6 Calendar 775, voting in the negative are
7 Senators Ashby, Borrello, Canzoneri-Fitzpatrick,
8 Chan, Gallivan, Griffo, Helming, Lanza, Martins,
9 Mattera, Oberacker, O'Mara, Ortt, Palumbo,
10 Rhoads, Rolison, C. Ryan, Stec, Tedisco, Walczyk,
11 Weber and Weik.
12 Ayes, 37. Nays, 22.
13 ACTING PRESIDENT MAYER: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 784, Senate Print 5997C, by Senator Gallivan, an
17 act to amend the Highway Law.
18 ACTING PRESIDENT MAYER: Read the
19 last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MAYER: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT MAYER: Announce
5687
1 the results.
2 THE SECRETARY: Ayes, 59.
3 ACTING PRESIDENT MAYER: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 893, Assembly Bill Number 203B, by
7 Assemblymember Cruz, an act to amend the
8 Public Health Law.
9 ACTING PRESIDENT MAYER: Read the
10 last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect on the 280th day after it
13 shall have become a law.
14 ACTING PRESIDENT MAYER: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT MAYER: Announce
18 the results.
19 THE SECRETARY: In relation to
20 Calendar 893, voting in the negative:
21 Senator Oberacker.
22 Ayes, 58. Nays, 1.
23 ACTING PRESIDENT MAYER: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
5688
1 946, Senate Print 6446, by Senator May, an act to
2 amend the General Business Law.
3 ACTING PRESIDENT MAYER: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MAYER: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT MAYER: Announce
11 the results.
12 THE SECRETARY: In relation to
13 Calendar 946, voting in the negative are
14 Senators Borrello, Griffo, Mattera, Oberacker,
15 Palumbo and Walczyk.
16 Ayes, 53. Nays, 6.
17 ACTING PRESIDENT MAYER: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 949, Assembly Bill Number 6624, by
21 Assemblymember Pheffer Amato, an act to amend the
22 Civil Service Law.
23 ACTING PRESIDENT MAYER: Read the
24 last section.
25 THE SECRETARY: Section 2. This
5689
1 act shall take effect on the 90th day after it
2 shall have become a law.
3 ACTING PRESIDENT MAYER: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT MAYER: Announce
7 the results.
8 THE SECRETARY: Ayes, 59.
9 ACTING PRESIDENT MAYER: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 987, Assembly Bill Number 3307A, by
13 Assemblymember Bores, an act to amend the
14 Uniform Commercial Code.
15 ACTING PRESIDENT MAYER: Read the
16 last section.
17 THE SECRETARY: Section 88. This
18 act shall take effect on the 180th day after it
19 shall have become a law.
20 ACTING PRESIDENT MAYER: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT MAYER: Announce
24 the results.
25 THE SECRETARY: In relation to
5690
1 Calendar 987, voting in the negative:
2 Senator Walczyk.
3 Ayes, 58. Nays, 1.
4 ACTING PRESIDENT MAYER: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1009, Assembly Bill Number 7235, by
8 Assemblymember Bichotte Hermelyn, an act to amend
9 the Executive Law.
10 ACTING PRESIDENT MAYER: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT MAYER: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT MAYER: Announce
18 the results.
19 THE SECRETARY: Ayes, 59.
20 ACTING PRESIDENT MAYER: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1011, Senate Print 7001, by Senator Mayer, an act
24 to amend the State Finance Law.
25 ACTING PRESIDENT MAYER: Read the
5691
1 last section.
2 THE SECRETARY: Section 9. This
3 act shall take effect on the 180th day after it
4 shall have become a law.
5 ACTING PRESIDENT MAYER: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT MAYER: Announce
9 the results.
10 THE SECRETARY: Ayes, 59.
11 ACTING PRESIDENT MAYER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1014, Senate Print 3966A, by Senator Stavisky, an
15 act to amend the Education Law.
16 ACTING PRESIDENT MAYER: 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 MAYER: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT MAYER: Announce
25 the results.
5692
1 THE SECRETARY: Ayes, 59.
2 ACTING PRESIDENT MAYER: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1041, Assembly Bill Number 4723, by
6 Assemblymember McDonald, an act to amend the
7 State Finance Law.
8 SENATOR LANZA: Lay it aside.
9 ACTING PRESIDENT MAYER: The bill
10 is laid aside.
11 THE SECRETARY: Calendar Number
12 1055, Senate Print 6360A, by Senator Harckham, an
13 act to amend the Environmental Conservation Law.
14 ACTING PRESIDENT MAYER: Read the
15 last section.
16 THE SECRETARY: Section 6. This
17 act shall take effect immediately.
18 ACTING PRESIDENT MAYER: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT MAYER: Announce
22 the results.
23 THE SECRETARY: In relation to
24 Calendar 1055, voting in the negative:
25 Senator Brisport.
5693
1 Ayes, 58. Nays, 1.
2 ACTING PRESIDENT MAYER: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1072, Senate Print 6008, by Senator Baskin, an
6 act to amend the Highway Law.
7 ACTING PRESIDENT MAYER: Read the
8 last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MAYER: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT MAYER: Announce
15 the results.
16 THE SECRETARY: Ayes, 59.
17 ACTING PRESIDENT MAYER: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1092, Senate Print 6578, by Senator Hinchey, an
21 act to amend the Public Health Law.
22 ACTING PRESIDENT MAYER: Read the
23 last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect on the 30th day after it
5694
1 shall have become a law.
2 ACTING PRESIDENT MAYER: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT MAYER: Announce
6 the results.
7 THE SECRETARY: Ayes, 59.
8 ACTING PRESIDENT MAYER: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1108, Assembly Bill Number 8601A, by
12 Assemblymember Ramos, an act authorizing New Hour
13 for Women and Children LI, Inc., to receive
14 retroactive real property tax exempt status.
15 ACTING PRESIDENT MAYER: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MAYER: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT MAYER: Announce
23 the results.
24 THE SECRETARY: In relation to
25 Calendar 1108, voting in the negative are
5695
1 Senators O'Mara and Skoufis.
2 Ayes, 57. Nays, 2.
3 ACTING PRESIDENT MAYER: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1110, Senate Print 2078, by Senator Mayer, an act
7 to amend the Labor Law.
8 ACTING PRESIDENT MAYER: Read the
9 last section.
10 THE SECRETARY: Section 8. This
11 act shall take effect immediately.
12 ACTING PRESIDENT MAYER: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT MAYER: Announce
16 the results.
17 THE SECRETARY: In relation to
18 Calendar 1110, voting in the negative are
19 Senators Borrello, Gallivan, Oberacker, Stec and
20 Walczyk.
21 Ayes, 54. Nays, 5.
22 ACTING PRESIDENT MAYER: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1176, Senate Print 5727, by Senator Harckham, an
5696
1 act to amend the Education Law.
2 ACTING PRESIDENT MAYER: Read the
3 last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect one year after it shall
6 have become a law.
7 ACTING PRESIDENT MAYER: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT MAYER: Announce
11 the results.
12 THE SECRETARY: Ayes, 59.
13 ACTING PRESIDENT MAYER: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1233, Senate Print 6265A, by Senator C. Ryan, an
17 act to amend the Highway Law.
18 ACTING PRESIDENT MAYER: Read the
19 last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MAYER: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT MAYER: Announce
5697
1 the results.
2 THE SECRETARY: In relation to
3 Calendar 1233, voting in the negative:
4 Senator Brisport.
5 Ayes, 58. Nays, 1.
6 ACTING PRESIDENT MAYER: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1235, Assembly Bill Number 8237B, by
10 Assemblymember Slater, an act to amend the
11 Highway Law.
12 ACTING PRESIDENT MAYER: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT MAYER: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT MAYER: Announce
20 the results.
21 THE SECRETARY: In relation to
22 Calendar 1235, voting in the negative:
23 Senator Brisport.
24 Ayes, 58. Nays, 1.
25 ACTING PRESIDENT MAYER: The bill
5698
1 is passed.
2 THE SECRETARY: Calendar Number
3 1236, Senate Print 6952A, by Senator Sanders, an
4 act to amend the Highway Law.
5 ACTING PRESIDENT MAYER: Read the
6 last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MAYER: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT MAYER: Announce
13 the results.
14 THE SECRETARY: In relation to
15 Calendar 1236, voting in the negative:
16 Senator Brisport.
17 Ayes, 58. Nays, 1.
18 ACTING PRESIDENT MAYER: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1238, Senate Print 7362A, by Senator Harckham, an
22 act to amend the Highway Law.
23 ACTING PRESIDENT MAYER: Read the
24 last section.
25 THE SECRETARY: Section 3. This
5699
1 act shall take effect immediately.
2 ACTING PRESIDENT MAYER: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT MAYER: Announce
6 the results.
7 THE SECRETARY: In relation to
8 Calendar 1238, voting in the negative:
9 Senator Brisport.
10 Ayes, 58. Nays, 1.
11 ACTING PRESIDENT MAYER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1240, Assembly Bill Number 7843B, by
15 Assemblymember Slater, an act to amend the
16 Highway Law.
17 ACTING PRESIDENT MAYER: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT MAYER: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT MAYER: Announce
25 the results.
5700
1 THE SECRETARY: Ayes, 59.
2 ACTING PRESIDENT MAYER: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1243, Senate Print 7835A, by Senator Skoufis, an
6 act to amend the Highway Law.
7 ACTING PRESIDENT MAYER: Read the
8 last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MAYER: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT MAYER: Announce
15 the results.
16 THE SECRETARY: Ayes, 59.
17 ACTING PRESIDENT MAYER: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1252, Senate Print 3967B, by Senator Sepúlveda,
21 an act to amend the Penal Law.
22 ACTING PRESIDENT MAYER: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect on the 60th day after it
5701
1 shall have become a law.
2 ACTING PRESIDENT MAYER: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT MAYER: Senator
6 Persaud to explain her vote.
7 SENATOR PERSAUD: Thank you,
8 Madam President.
9 I rise to speak on this bill because
10 it's a bill that's important in my district, the
11 19th Senatorial District. And I would like
12 anyone in the chamber, at any given time, just to
13 come down to see what happens in an area that's
14 called the Penn Track.
15 This bill today relates to
16 individuals engaged in sex work who are victims
17 of or witnesses to crime. This is not about
18 legalization of prostitution, as some may think.
19 We tend to advocate for survivors of human
20 trafficking and sexual violence, and hence I
21 support this legislation.
22 Back in January, myself,
23 Senator Cooney, Senator Webb, we convened a
24 shareholders meeting to discuss sex trafficking.
25 We convened with members across the
5702
1 transportation sector. We had representatives
2 from the building industry, State DOT,
3 State Police, and nonprofit organizations.
4 The major theme from that discussion
5 was how do we empower the victims of sex
6 trafficking to come forward and assist in
7 delivering justice without themselves being
8 criminalized.
9 And this bill gets to that. Someone
10 who is a victim of trafficking in an area such as
11 the Penn Track can come forward and speak with
12 law enforcement without the fear of being placed
13 in handcuffs. Too often the people who are being
14 trafficked would not cooperate with law
15 enforcement because they themselves are then made
16 to be criminals.
17 This is a step in the right
18 direction to help the people in my district, a
19 district where even the federal government is
20 currently working to remove the scourge of
21 trafficking in the 19th Senatorial District.
22 If you look at any -- just Google
23 it, you will see reports after reports after
24 reports talking about what needs to be done on
25 the Penn Track. Why is it that law enforcement
5703
1 can't get a handle on the young people -- as
2 young as 10 years old -- being trafficked, and
3 afraid to speak to law enforcement?
4 You can walk that area, it doesn't
5 matter what time of day or night, and you will
6 see people just like you and I walking the
7 streets who are being manipulated by others, but
8 they have no way out. Because if they walk into
9 the arms of law enforcement, then they have
10 another issue.
11 On Monday -- there was an article on
12 Monday, Penn Track again: "Brooklyn man
13 convicted of committing murder in the course of
14 sex trafficking at Penn Track in East New York."
15 This is my district. This is my district.
16 We need to eliminate the scourge of
17 trafficking in my district. And I'm asking all
18 of you to support me in this endeavor. We must
19 end sex trafficking. We must allow the victims
20 to be able to work with law enforcement without
21 the fear that they themselves will become
22 criminals. That's all I'm asking for.
23 And so to Senator Sepúlveda, I thank
24 you for bringing this bill to the floor, because
25 this is a bill that will help the people in
5704
1 Senate District 19, the most -- the worst place
2 for sex trafficking that is being talked about
3 across the country, a place called the
4 Penn Track.
5 So Madam President, I vote aye.
6 Thank you.
7 ACTING PRESIDENT MAYER: Senator
8 Persaud to be recorded in the affirmative.
9 Announce the results.
10 THE SECRETARY: Ayes, 59.
11 ACTING PRESIDENT MAYER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1258, Senate Print 3105, by Senator Cooney, an
15 act to amend the Cannabis Law.
16 ACTING PRESIDENT MAYER: Read the
17 last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect immediately.
20 ACTING PRESIDENT MAYER: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT MAYER: Announce
24 the results.
25 THE SECRETARY: In relation to
5705
1 Calendar 1258, voting in the negative are
2 Senators Ashby, Borrello, Canzoneri-Fitzpatrick,
3 Chan, Griffo, Lanza, Martinez, Martins, Mattera,
4 Oberacker, Palumbo, Rhoads, Tedisco, Walczyk,
5 Weber and Weik.
6 Ayes, 43. Nays, 16.
7 ACTING PRESIDENT MAYER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1278, Senate Print 2644, by Senator Addabbo, an
11 act to amend the Insurance Law.
12 ACTING PRESIDENT MAYER: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT MAYER: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT MAYER: Announce
20 the results.
21 THE SECRETARY: In relation to
22 Calendar 1278, voting in the negative are
23 Senators Canzoneri-Fitzpatrick and Walczyk.
24 Ayes, 57. Nays, 2.
25 ACTING PRESIDENT MAYER: The bill
5706
1 is passed.
2 THE SECRETARY: Calendar Number
3 1313, Assembly Bill Number 8417, by
4 Assemblymember Pheffer Amato, an act amending
5 Part B of Chapter 104 of the Laws of 2005.
6 ACTING PRESIDENT MAYER: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT MAYER: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT MAYER: Announce
14 the results.
15 THE SECRETARY: Ayes, 59.
16 ACTING PRESIDENT MAYER: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1320, Senate Print 7380B, by Senator Gallivan, an
20 act to amend the Highway Law.
21 ACTING PRESIDENT MAYER: Read the
22 last section.
23 THE SECRETARY: Section 3. This
24 act shall take effect immediately.
25 ACTING PRESIDENT MAYER: Call the
5707
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT MAYER: Announce
4 the results.
5 THE SECRETARY: In relation to
6 Calendar 1320, voting in the negative:
7 Senator Brisport.
8 Ayes, 58. Nays, 1.
9 ACTING PRESIDENT MAYER: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1359, Senate Print 6225, by Senator Rivera, an
13 act to amend the Social Services Law.
14 ACTING PRESIDENT MAYER: Read the
15 last section.
16 THE SECRETARY: Section 5. This
17 act shall take effect on the 90th day after it
18 shall have become a law.
19 ACTING PRESIDENT MAYER: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT MAYER: Announce
23 the results.
24 THE SECRETARY: In relation to
25 Calendar 1359, voting in the negative:
5708
1 Senator Walczyk.
2 Ayes, 58. Nays, 1.
3 ACTING PRESIDENT MAYER: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1375, Assembly Bill Number 4997, by
7 Assemblymember Glick, an act to amend the
8 Environmental Conservation Law.
9 SENATOR LANZA: Lay it aside.
10 ACTING PRESIDENT MAYER: The bill
11 is laid aside.
12 THE SECRETARY: Calendar Number
13 1381, Assembly Bill Number 8281, by
14 Assemblymember Schiavoni, an act to amend the
15 Environmental Conservation Law.
16 ACTING PRESIDENT MAYER: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT MAYER: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT MAYER: Announce
24 the results.
25 THE SECRETARY: Ayes, 59.
5709
1 ACTING PRESIDENT MAYER: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1382, Assembly Bill Number 8654, by
5 Assemblymember Glick, an act to amend the
6 Environmental Conservation Law.
7 ACTING PRESIDENT MAYER: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MAYER: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT MAYER: Announce
15 the results.
16 THE SECRETARY: Ayes, 59.
17 ACTING PRESIDENT MAYER: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1383, Assembly Bill Number 8661, by
21 Assemblymember Schiavoni, an act to amend
22 Chapter 366 of the Laws of 2011.
23 ACTING PRESIDENT MAYER: Read the
24 last section.
25 THE SECRETARY: Section 2. This
5710
1 act shall take effect immediately.
2 ACTING PRESIDENT MAYER: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT MAYER: Announce
6 the results.
7 THE SECRETARY: In relation to
8 Calendar 1383, voting in the negative are
9 Senators Brisport, Martinez and Skoufis.
10 Ayes, 56. Nays, 3.
11 ACTING PRESIDENT MAYER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1396, Assembly Bill Number 2496, by
15 Assemblymember McDonald, an act to amend the
16 State Finance Law.
17 ACTING PRESIDENT MAYER: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT MAYER: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT MAYER: Announce
25 the results.
5711
1 THE SECRETARY: Ayes, 59.
2 ACTING PRESIDENT MAYER: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1407, Senate Print 704A, by Senator Krueger, an
6 act to amend the General Business Law.
7 ACTING PRESIDENT MAYER: Read the
8 last section.
9 THE SECRETARY: Section 4. This
10 act shall take effect September 1, 2026.
11 ACTING PRESIDENT MAYER: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT MAYER: Announce
15 the results.
16 THE SECRETARY: In relation to
17 Calendar 1407, voting in the negative:
18 Senator Walczyk.
19 Ayes, 58. Nays, 1.
20 ACTING PRESIDENT MAYER: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1413, Assembly Bill Number 4521, by
24 Assemblymember Hyndman, an act to amend the
25 General Business Law.
5712
1 ACTING PRESIDENT MAYER: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MAYER: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT MAYER: Announce
9 the results.
10 THE SECRETARY: Ayes, 59.
11 ACTING PRESIDENT MAYER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1430, Assembly Bill Number 4025, by
15 Assemblymember Simpson, an act to amend the
16 Public Officers Law.
17 ACTING PRESIDENT MAYER: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT MAYER: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT MAYER: Announce
25 the results.
5713
1 THE SECRETARY: In relation to
2 Calendar 1430, voting in the negative are
3 Senators Brisport and Weik.
4 Ayes, 57. Nays, 2.
5 ACTING PRESIDENT MAYER: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1444, Assembly Bill Number 8011, by
9 Assemblymember Jones, an act to amend the
10 Tax Law.
11 ACTING PRESIDENT MAYER: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT MAYER: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MAYER: Announce
19 the results.
20 THE SECRETARY: In relation to
21 Calendar 1444, voting in the negative are
22 Senators Canzoneri-Fitzpatrick, Gallivan,
23 Harckham, Helming, Lanza, Martinez, Mattera,
24 O'Mara, Palumbo, C. Ryan, Scarcella-Spanton,
25 Skoufis and Weik.
5714
1 Ayes, 46. Nays, 13.
2 ACTING PRESIDENT MAYER: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1447, Assembly Bill Number 3280A, by
6 Assemblymember Bichotte Hermelyn, an act to amend
7 the Insurance Law.
8 ACTING PRESIDENT MAYER: Read the
9 last section.
10 THE SECRETARY: Section 5. This
11 act shall take effect January 1, 2027.
12 ACTING PRESIDENT MAYER: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT MAYER: Announce
16 the results.
17 THE SECRETARY: Ayes, 59.
18 ACTING PRESIDENT MAYER: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1524, Senate Print Number 1744A, by
22 Senator Hoylman-Sigal, an act to amend the
23 Criminal Procedure Law.
24 ACTING PRESIDENT MAYER: Read the
25 last section.
5715
1 THE SECRETARY: Section 2. This
2 act shall take effect on the 90th day after it
3 shall have become a law.
4 ACTING PRESIDENT MAYER: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT MAYER: Announce
8 the results.
9 THE SECRETARY: Ayes, 59.
10 ACTING PRESIDENT MAYER: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1543, Senate Print 106, by Senator Comrie, an act
14 to amend the Vehicle and Traffic Law.
15 ACTING PRESIDENT MAYER: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the 90th day after it
19 shall have become a law.
20 ACTING PRESIDENT MAYER: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT MAYER: Announce
24 the results.
25 THE SECRETARY: In relation to
5716
1 Calendar 1543, voting in the negative are
2 Senators Borrello, Canzoneri-Fitzpatrick, Chan,
3 Gallivan, Griffo, Helming, Lanza, Oberacker,
4 O'Mara, Ortt, Stec, Tedisco, Walczyk and Weber.
5 Ayes, 45. Nays, 14.
6 ACTING PRESIDENT MAYER: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1565, Senate Print 8045, by Senator Bynoe, an act
10 to amend the Executive Law.
11 ACTING PRESIDENT MAYER: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect on the 90th day after it
15 shall have become a law.
16 ACTING PRESIDENT MAYER: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT MAYER: Announce
20 the results.
21 THE SECRETARY: Ayes, 59.
22 ACTING PRESIDENT MAYER: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1567, Senate Print 8091, by Senator Cooney, an
5717
1 act to amend the Tax Law.
2 ACTING PRESIDENT MAYER: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT MAYER: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT MAYER: Announce
10 the results.
11 THE SECRETARY: In relation to
12 Calendar 1567, voting in the negative are
13 Senators Ashby, Borrello, Bynoe,
14 Canzoneri-Fitzpatrick, Chan, Gallivan, Griffo,
15 Lanza, Martinez, Martins, Mattera, Oberacker,
16 O'Mara, Ortt, Palumbo, Rhoads, Stec, Tedisco,
17 Walczyk, Weber and Weik.
18 Ayes, 38. Nays, 21.
19 ACTING PRESIDENT MAYER: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1599, Senate Print 634B, by Senator Liu, an act
23 to amend the Insurance Law.
24 ACTING PRESIDENT MAYER: Read the
25 last section.
5718
1 THE SECRETARY: Section 4. This
2 act shall take effect immediately.
3 ACTING PRESIDENT MAYER: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT MAYER: Announce
7 the results.
8 THE SECRETARY: In relation to
9 Calendar 1599, voting in the negative:
10 Senator Walczyk.
11 Ayes, 58. Nays, 1.
12 ACTING PRESIDENT MAYER: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1602, Senate Print 1757, by Senator Persaud, an
16 act to amend the Social Services Law.
17 ACTING PRESIDENT MAYER: Read the
18 last section.
19 THE SECRETARY: Section 4. This
20 act shall take effect on the 180th day after it
21 shall have become a law.
22 ACTING PRESIDENT MAYER: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT MAYER: Announce
5719
1 the results.
2 THE SECRETARY: In relation to
3 Calendar 1602, voting in the negative are
4 Senators Ashby, Borrello, Canzoneri-Fitzpatrick,
5 Chan, Gallivan, Griffo, Mattera, Oberacker,
6 Palumbo, Rhoads, Stec, Tedisco, Walczyk, Weber
7 and Weik.
8 Ayes, 44. Nays, 15.
9 ACTING PRESIDENT MAYER: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1613, Senate Print 3262, by Senator Cooney, an
13 act to amend the Banking Law.
14 ACTING PRESIDENT MAYER: Read the
15 last section.
16 THE SECRETARY: Section 6. This
17 act shall take effect on the 180th day after it
18 shall have become a law.
19 ACTING PRESIDENT MAYER: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT MAYER: Announce
23 the results.
24 THE SECRETARY: In relation to
25 Calendar 1613, voting in the negative:
5720
1 Senator Ortt.
2 Ayes, 58. Nays, 1.
3 ACTING PRESIDENT MAYER: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1670, Senate Print 8370, by Senator Fahy, an act
7 to amend the Education Law.
8 ACTING PRESIDENT MAYER: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the 90th day after it
12 shall have become a law.
13 ACTING PRESIDENT MAYER: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT MAYER: Announce
17 the results.
18 THE SECRETARY: Ayes, 59.
19 ACTING PRESIDENT MAYER: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1671, Senate Print 8371, by Senator Brisport, an
23 act to amend the Education Law.
24 ACTING PRESIDENT MAYER: Read the
25 last section.
5721
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT MAYER: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT MAYER: Announce
7 the results.
8 THE SECRETARY: In relation to
9 Calendar 1671, voting in the negative:
10 Senator Martinez.
11 Ayes, 58. Nays, 1.
12 ACTING PRESIDENT MAYER: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1672, Senate Print Number 8373, by
16 Senator Hoylman-Sigal, an act to amend the
17 Surrogate's Court Procedure Act.
18 ACTING PRESIDENT MAYER: Read the
19 last section.
20 THE SECRETARY: Section 8. This
21 act shall take effect on the 60th day after it
22 shall have become a law.
23 ACTING PRESIDENT MAYER: Call the
24 roll.
25 (The Secretary called the roll.)
5722
1 ACTING PRESIDENT MAYER: Announce
2 the results.
3 THE SECRETARY: In relation to
4 Calendar 1672, voting in the negative are
5 Senators Borrello, Chan, Griffo, Helming,
6 Oberacker, Rhoads and Walczyk.
7 Ayes, 52. Nays, 7.
8 ACTING PRESIDENT MAYER: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1673, Senate Print 8383, by Senator Stavisky, an
12 act to provide for the adjustment of stipends of
13 certain incumbents in the State University of
14 New York.
15 ACTING PRESIDENT MAYER: Read the
16 last section.
17 THE SECRETARY: Section 17. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MAYER: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT MAYER: Announce
23 the results.
24 THE SECRETARY: In relation to
25 Calendar 1673, voting in the negative:
5723
1 Senator Walczyk.
2 Ayes, 58. Nays, 1.
3 ACTING PRESIDENT MAYER: The bill
4 is passed.
5 Senator Gianaris, that completes the
6 reading of the calendar.
7 SENATOR GIANARIS: At this time,
8 Madam President, we're going to move to the
9 controversial calendar.
10 ACTING PRESIDENT MAYER: The
11 Secretary will ring the bell.
12 The Secretary will read.
13 THE SECRETARY: Calendar Number
14 567, Senate Print 5935A, by Senator Addabbo, an
15 act to amend the Racing, Pari-Mutuel Wagering and
16 Breeding Law.
17 ACTING PRESIDENT MAYER: Senator
18 Canzoneri-Fitzpatrick, why do you rise?
19 SENATOR CANZONERI-FITZPATRICK:
20 Good evening, Madam President.
21 ACTING PRESIDENT MAYER: Good
22 evening.
23 SENATOR CANZONERI-FITZPATRICK: I
24 was wondering if the sponsor would yield for a
25 few questions.
5724
1 ACTING PRESIDENT MAYER: Will the
2 sponsor yield? Senator Addabbo, do you yield?
3 SENATOR ADDABBO: Yes,
4 Madam President.
5 ACTING PRESIDENT MAYER: The
6 sponsor yields.
7 SENATOR CANZONERI-FITZPATRICK:
8 Thank you, Senator Addabbo.
9 My understanding is that this bill
10 is going to prohibit online sweepstakes games and
11 revenue from illegal markets, and I was hoping
12 you could clarify for me -- through you,
13 Madam President -- what illegal markets are you
14 referring to in this bill?
15 SENATOR ADDABBO: Through you,
16 Madam President. As of now, our state has not
17 legalized online gaming. The legal markets
18 currently are the seven licensed casinos in
19 New York and any other gaming issue that has been
20 authorized by New York.
21 SENATOR CANZONERI-FITZPATRICK:
22 Through you, Madam President, will the sponsor
23 continue to yield.
24 ACTING PRESIDENT MAYER: Do you
25 continue to yield? Senator Addabbo, do you
5725
1 continue to yield?
2 SENATOR ADDABBO: Oh, I'm sorry,
3 Madam President. Yes, of course.
4 ACTING PRESIDENT MAYER: The
5 Senator yields.
6 SENATOR CANZONERI-FITZPATRICK: So
7 my understanding is that simple digital
8 spin-the-wheel or bracket-style predictors, you
9 know, different things that we might see on our
10 phone might be considered this type of digital
11 online gaming. Is that correct?
12 SENATOR ADDABBO: There are many
13 forms -- Madam President, through you. There are
14 many forms of digital games on your phone. This
15 bill particularly, specifically talks about
16 online casino-type games.
17 SENATOR CANZONERI-FITZPATRICK:
18 Through you, Madam President, will the sponsor
19 continue to yield.
20 ACTING PRESIDENT MAYER: Do you
21 continue to yield?
22 SENATOR ADDABBO: Yes,
23 Madam President.
24 ACTING PRESIDENT MAYER: Senator
25 Addabbo yields.
5726
1 SENATOR CANZONERI-FITZPATRICK:
2 Okay. So my understanding is that the
3 enforcement of these provisions is going to be
4 the responsibility of the State Gaming
5 Commission, the State Police, and the
6 Attorney General's office. And I'm wondering how
7 they intend to try to enforce online activity.
8 SENATOR ADDABBO: Through you,
9 Madam President. Through the issuance of
10 cease-and-desist orders. And other methods that
11 they can use for enforcement.
12 SENATOR CANZONERI-FITZPATRICK: I'm
13 sorry, could you repeat that?
14 SENATOR ADDABBO: Sure. Again,
15 through you, Madam President. Through
16 cease-and-desist orders and any other means of
17 enforcement that the Gaming Commission or the
18 Attorney General has at its disposal.
19 SENATOR CANZONERI-FITZPATRICK:
20 Through you, Madam President, will the sponsor
21 continue to yield.
22 ACTING PRESIDENT MAYER: Do you
23 continue to yield?
24 SENATOR ADDABBO: Yes,
25 Madam President.
5727
1 ACTING PRESIDENT MAYER: The
2 sponsor yields.
3 SENATOR CANZONERI-FITZPATRICK: So
4 would Starbucks' Star Days, McDonald's Monopoly,
5 Jersey Mike's sports predictor games or other
6 promotional sweepstakes become illegal on
7 day one?
8 SENATOR ADDABBO: Through you,
9 Madam President. Definitely not.
10 Again, specifically in language,
11 Section 912(a) says casino games, casino-style
12 games. And it's listed in the legislation.
13 SENATOR CANZONERI-FITZPATRICK:
14 Through you, Madam President, will the sponsor
15 continue to yield.
16 ACTING PRESIDENT MAYER: Do you
17 continue to yield?
18 SENATOR ADDABBO: Yes,
19 Madam President.
20 ACTING PRESIDENT MAYER: Yes, the
21 sponsor yields.
22 SENATOR CANZONERI-FITZPATRICK: The
23 Attorney General already has power to prosecute
24 unlawful gaming, so I'm wondering -- in
25 Article 225 of the Penal Law it already gives the
5728
1 Attorney General broad investigative authority.
2 What does this legislation add to it?
3 SENATOR ADDABBO: Through you,
4 Madam President. Again, what this bill does, it
5 does clarify what is the illegal activity which
6 is the online gaming, casino-style online gaming.
7 SENATOR CANZONERI-FITZPATRICK:
8 Through you, Madam President, will the sponsor
9 continue to yield?
10 SENATOR ADDABBO: Yes,
11 Madam President.
12 SENATOR CANZONERI-FITZPATRICK: So
13 through you, Madam President. If I could read to
14 you, proposed 912(2)(b) reads: "It shall be
15 unlawful for any applicant, licensed entity,
16 financial institution, payment processor,
17 geolocation provider, gaming content supplier,
18 platform provider, or media affiliate to support
19 the operation, conduct, or promotion of online
20 sweepstakes games within the State of New York."
21 My question for you is, are we
22 turning credit unions and banks into
23 law enforcement agencies?
24 SENATOR ADDABBO: Through you,
25 Madam President, no.
5729
1 Again, this is an illegal activity.
2 And no entity should facilitate an illegal
3 activity. So if there is a credit union who is
4 promoting, conducting or operating an illegal
5 activity, such as these online sweepstakes
6 casinos, that would be the only way that they
7 would be, again, given a fine.
8 But no, we are not asking them to
9 enforce.
10 SENATOR CANZONERI-FITZPATRICK:
11 Through you, Madam President, will the sponsor
12 continue to yield?
13 SENATOR ADDABBO: Yes,
14 Madam President.
15 ACTING PRESIDENT MAYER: Do you
16 continue to yield?
17 The sponsor yields.
18 SENATOR CANZONERI-FITZPATRICK: So
19 continuing on that line, though, if a company is
20 using their bank to collect payments from online
21 gaming, aren't you putting the responsibility on
22 the financial institution to know what all of
23 their customers are doing? The same way that we
24 don't check when Macy's is charging a credit card
25 for purchase of merchandise, we don't expect the
5730
1 bank to know what Macy's is doing.
2 Now you're putting that burden on
3 these other vendors.
4 SENATOR ADDABBO: Through you,
5 Madam President. No, the idea is, again, through
6 federal law and state law, actually, we're not
7 asking them to take a background check on their
8 entities.
9 The bottom line is if they knowingly
10 take the money that was, again, in part of them,
11 the credit union or the lending institution,
12 financial institution -- if they are, again, part
13 of an illegal activity that they know of to
14 promote, conduct or operate, that's the only time
15 they'd be in trouble.
16 So we're not looking to them to do a
17 background check on their clients or anyone who's
18 opening up a new account, no.
19 But if the entity opens up a new
20 account -- or I should say the customer opens up
21 a new account and they give a free coin or they
22 give some free kind of way to use the online
23 illegal activity, then they are in trouble.
24 Because there again, once again, they're
25 facilitating an illegal activity in New York.
5731
1 SENATOR CANZONERI-FITZPATRICK:
2 Through you, Madam President, will the sponsor
3 continue to yield.
4 ACTING PRESIDENT MAYER: Do you
5 continue to yield?
6 SENATOR ADDABBO: Yes,
7 Madam President.
8 ACTING PRESIDENT MAYER: The
9 sponsor yields.
10 SENATOR CANZONERI-FITZPATRICK: So
11 through you, Madam President. By the example
12 that was just given, though, you're expecting a
13 financial institution to know what their customer
14 is doing. And you're putting a burden on the
15 financial institution to know whether or not
16 their customer is giving away a free coin with
17 something that they're promoting.
18 SENATOR ADDABBO: Madam President,
19 through you. No, not that they know that the
20 entity is, that they are. If the institution is
21 giving it away.
22 SENATOR CANZONERI-FITZPATRICK:
23 Through you, Madam President, will the sponsor
24 continue to yield.
25 SENATOR ADDABBO: Yes,
5732
1 Madam President.
2 SENATOR CANZONERI-FITZPATRICK:
3 Does the bill guarantee notice and an opportunity
4 to cure before the Gaming Commission levies a
5 violation? Because my understanding is the
6 violations can be up to $100,000.
7 SENATOR ADDABBO: That is true,
8 anywhere from 10,000 to 100,000.
9 SENATOR CANZONERI-FITZPATRICK:
10 Through you, Madam President, will the sponsor
11 continue to yield.
12 ACTING PRESIDENT MAYER: Do you
13 continue to yield?
14 SENATOR ADDABBO: Yes,
15 Madam President.
16 ACTING PRESIDENT MAYER: The
17 sponsor yields.
18 SENATOR CANZONERI-FITZPATRICK:
19 Okay. So under that violation, 10,000 to
20 100,000, will there be some opportunity for -- a
21 person who's been cited for violating this
22 provision, will they be given some warning such
23 that -- let me rephrase it.
24 You're going to get a $10,000
25 violation and work your way up to the 100,000, so
5733
1 that you're going to know before you get to the
2 100,000? Or is the 100,000 potentially the fee
3 that could be charged for a first violation?
4 SENATOR ADDABBO: Through you,
5 Madam President. The due process of the
6 Attorney General and the Gaming Commission will
7 give them a warning. They'd be, again, reached
8 out to, yes.
9 SENATOR CANZONERI-FITZPATRICK:
10 Through you, Madam President, will the sponsor
11 continue to yield.
12 ACTING PRESIDENT MAYER: Will the
13 sponsor yield?
14 SENATOR ADDABBO: Yes,
15 Madam President.
16 ACTING PRESIDENT MAYER: The
17 sponsor yields.
18 SENATOR CANZONERI-FITZPATRICK: So
19 who has primary responsibility, the
20 Gaming Commission or the Attorney General? What
21 if there's a conflict between those entities?
22 SENATOR ADDABBO: Through you,
23 Madam President. It's a cooperative effort with
24 each other. So the Gaming Commission, the
25 Attorney General's office, they do speak to each
5734
1 other. State law enforcement as well.
2 SENATOR CANZONERI-FITZPATRICK:
3 Through you, Madam President, will the sponsor
4 continue to yield.
5 SENATOR ADDABBO: Yes,
6 Madam President.
7 ACTING PRESIDENT MAYER: The
8 sponsor yields.
9 SENATOR CANZONERI-FITZPATRICK: So
10 if Apple or Google host an app and somewhere
11 offer a dual currency promotion, is that a
12 platform that's exposed to the penalties under
13 912(2)(b)?
14 SENATOR ADDABBO: Through you,
15 Madam President. If they are operating an
16 illegal online casino-style game, yes. It's not
17 legal in New York.
18 SENATOR CANZONERI-FITZPATRICK:
19 Through you, Madam President, will the sponsor
20 continue to yield.
21 ACTING PRESIDENT MAYER: Do you
22 continue to yield?
23 SENATOR ADDABBO: Yes,
24 Madam President.
25 ACTING PRESIDENT MAYER: The
5735
1 sponsor yields.
2 SENATOR CANZONERI-FITZPATRICK: Has
3 the fiscal note quantified potential job or
4 investment losses if legitimate promotional tools
5 migrate to friendlier jurisdictions?
6 SENATOR ADDABBO: Through you,
7 Madam President, that's not anticipated to occur
8 under this, no.
9 SENATOR CANZONERI-FITZPATRICK:
10 Through you, Madam President, will the sponsor
11 continue to yield.
12 ACTING PRESIDENT MAYER: Do you
13 continue to yield?
14 SENATOR ADDABBO: Yes,
15 Madam President.
16 ACTING PRESIDENT MAYER: The
17 sponsor yields.
18 SENATOR CANZONERI-FITZPATRICK:
19 Thank you, Senator.
20 So my question also, how are we
21 going to track down companies that are promoting
22 online casinos if they are not within New York?
23 How is our jurisdiction going to get to the
24 people that are putting something on my phone or
25 your phone here physically in New York and
5736
1 they're out of New York State?
2 SENATOR ADDABBO: Through you,
3 Madam President. We do that already. We monitor
4 already what is online illegal activity. So this
5 is an online illegal casino-type game, then
6 that's what we already do. We already monitor,
7 Madam Leader -- Madam President.
8 SENATOR CANZONERI-FITZPATRICK:
9 Through you, Madam President, will the sponsor
10 continue to yield.
11 ACTING PRESIDENT MAYER: Do you
12 continue to yield?
13 SENATOR ADDABBO: Yes,
14 Madam President.
15 ACTING PRESIDENT MAYER: The
16 sponsor yields.
17 SENATOR CANZONERI-FITZPATRICK: So
18 admittedly I haven't had a chance to really dive
19 into this in great detail, but my understanding
20 is that there's some conflicts between
21 Section 912(2) and (3) regarding uncertainty
22 about the true intended targets of the bill and
23 its penalty provisions.
24 And I'm wondering if you have any
25 comment on the fact that, you know, there might
5737
1 be some conflict between those provisions.
2 SENATOR ADDABBO: Madam President,
3 on our side we do not think there's a conflict at
4 all. I think it's rather clear what we're trying
5 to -- the intent of bill is to eliminate illegal
6 gaming activity online.
7 SENATOR CANZONERI-FITZPATRICK:
8 Through you, Madam President, will the sponsor
9 continue to yield.
10 ACTING PRESIDENT MAYER: Do you
11 continue to yield?
12 SENATOR ADDABBO: Yes,
13 Madam President.
14 ACTING PRESIDENT MAYER: The
15 sponsor yields.
16 SENATOR CANZONERI-FITZPATRICK: And
17 just one last question. Is there anything here
18 that will protect minors from getting access to
19 online gaming?
20 SENATOR ADDABBO: Madam President,
21 through you. When we make it illegal through
22 this bill and it gets passed, the answer is yes.
23 That's the whole real push here.
24 These online sites, these online illegal sites
25 target minors. With a click of a button, you're
5738
1 21, and it's wrong. There is no checking of age
2 on most of these sites. So you want to talk
3 about a site that targets minors, that's exactly
4 what this bill is going to do.
5 And until we regulate it in
6 New York, it's going to continue to happen and
7 proliferate. So this bill actually addresses
8 that whole issue about are we allowing minors to,
9 you know, game illegally and entice them to game.
10 That's what this bill addresses.
11 SENATOR CANZONERI-FITZPATRICK:
12 Thank you, Madam President. On the bill.
13 ACTING PRESIDENT MAYER: Senator
14 Canzoneri-Fitzpatrick on the bill.
15 SENATOR CANZONERI-FITZPATRICK:
16 Thank you, Senator Addabbo, for answering my
17 questions.
18 I certainly applaud the intent, that
19 we are trying to control gaming, make sure that
20 it doesn't fall into the hands of minors.
21 Because we certainly know that what goes on on
22 our phones is quite aggressive when it comes to
23 getting to our minors.
24 I do have some concerns about the
25 responsibility that you are putting on financial
5739
1 institutions, because I think it is a little
2 unclear as to what their responsibility is. And
3 I'm hoping that we can work on clarifying that in
4 the future.
5 Thank you, Madam President.
6 ACTING PRESIDENT MAYER: Thank you.
7 Senator Rhoads, why do you rise?
8 SENATOR RHOADS: I was hoping that
9 my good friend Senator Addabbo may yield to a
10 couple of questions.
11 ACTING PRESIDENT MAYER: Senator
12 Addabbo, do you yield?
13 SENATOR ADDABBO: I yield,
14 Madam President.
15 ACTING PRESIDENT MAYER: The
16 Senator yields.
17 SENATOR RHOADS: Thank you.
18 Through you, Madam President.
19 What exactly -- I admittedly am not
20 as familiar with online gaming as some may be.
21 Can you please explain to me what counts as a --
22 what is a dual currency system?
23 SENATOR ADDABBO: Dual currency,
24 they'll be gold coins and they'll be sweepstakes
25 coins. And that's what they use to entice you to
5740
1 play. You think you're playing and you're
2 actually gaining these coins, but in the end
3 these coins equate to cash prizes, which makes
4 it, again, illegal.
5 SENATOR RHOADS: Will the sponsor
6 continue to yield.
7 ACTING PRESIDENT MAYER: Do you
8 continue to yield?
9 SENATOR ADDABBO: Yes,
10 Madam President.
11 ACTING PRESIDENT MAYER: The
12 sponsor yields.
13 SENATOR RHOADS: So I know that
14 you've already said that games like Starbucks --
15 I have the Starbucks app, and they will offer
16 their spin-the-wheel game so that you can
17 actually win a free coffee or a free breakfast
18 sandwich or something like that. Those aren't
19 included in this bill, correct?
20 SENATOR ADDABBO: Through you,
21 Madam President, correct.
22 SENATOR RHOADS: And will the
23 sponsor continue to yield?
24 ACTING PRESIDENT MAYER: Do you
25 continue to yield?
5741
1 SENATOR ADDABBO: Yes,
2 Madam President.
3 ACTING PRESIDENT MAYER: The
4 sponsor yields.
5 SENATOR RHOADS: I was listening
6 intently to Senator Canzoneri-Fitzpatrick's
7 questioning and your answers, and there seemed to
8 be an inconsistency with respect to some of the
9 language that's contained in the bill.
10 With respect to online payment
11 processors specifically, you used the term
12 "knowingly" in terms of when they would be
13 violating Section 912. However, Section 912
14 specifically states -- it uses the term "support
15 the operation." It doesn't use the term
16 "knowingly support the operation."
17 Is this a knowing standard? And if
18 so, where is intent included in the statute?
19 Because it doesn't seem to have that in the
20 language.
21 SENATOR ADDABBO: (Conferring.)
22 Through you, Madam President. There is an
23 overlying federal law regarding what is illegal,
24 and they would have to adhere to the federal law
25 at that level.
5742
1 SENATOR RHOADS: Will the sponsor
2 continue to yield.
3 ACTING PRESIDENT MAYER: Do you
4 continue to yield?
5 SENATOR ADDABBO: Yes,
6 Madam President.
7 ACTING PRESIDENT MAYER: The
8 sponsor yields.
9 SENATOR RHOADS: Well, since you
10 use very specific terminology in
11 Section 912(2)(b) which says that a payment
12 processor would be violating the statute if they
13 support the operation, conduct or promote
14 sweepstakes games within the State of New York.
15 So how does that language reconcile
16 with federal law that you're saying is
17 controlling? And if federal law is controlling,
18 what's the purpose of the statute?
19 SENATOR ADDABBO: (Conferring.)
20 Through you, Madam President. Actually, the
21 federal law does say that if you're doing illegal
22 gaming activity under federal or state law --
23 that is stated in the federal law -- then you
24 would be obviously knowing about the illegal
25 activity in New York State.
5743
1 SENATOR RHOADS: Will the sponsor
2 continue to yield.
3 ACTING PRESIDENT MAYER: Do you
4 continue to yield?
5 SENATOR ADDABBO: Yes,
6 Madam President.
7 ACTING PRESIDENT MAYER: The
8 sponsor yields.
9 SENATOR RHOADS: If I understand
10 the last answer correctly, it's that if you are
11 violating federal or state law, you would
12 knowingly be in violation? I didn't really
13 understand the last response.
14 What I'm trying to get to is under
15 federal law, if federal law regulates this area,
16 what is the purpose of the state law provision?
17 And then I'll have a follow-up question to that.
18 SENATOR ADDABBO: Through you,
19 Madam President. The federal law refers to both
20 federal law and state law when it comes to gaming
21 issues. That's why, again, we feel it's in our
22 jurisdiction to address this illegal gaming
23 activity in New York State.
24 SENATOR RHOADS: Will the sponsor
25 continue to yield.
5744
1 ACTING PRESIDENT MAYER: Do you
2 continue to yield?
3 SENATOR ADDABBO: Yes,
4 Madam President.
5 ACTING PRESIDENT MAYER: The
6 sponsor yields.
7 SENATOR RHOADS: So then I'll
8 switch to what -- the meaning here of the state
9 law that's proposed.
10 When you say that a payment
11 processor, geolocation provider, gaming content
12 supplier, platform provider or media affiliate
13 would be guilty if they support the operation,
14 conduct or promote sweepstakes games within the
15 State of New York, what does that mean in the
16 context of your earlier statement that they have
17 to knowingly do so?
18 SENATOR ADDABBO: So they provide a
19 service in which right now they are thinking they
20 have a loophole with the dual currency. Through
21 you, Madam President, that they have a loophole
22 through the dual currency.
23 But if they now knowingly -- that
24 they have an illegal activity in New York State
25 after this bill, then the bottom line is we would
5745
1 obviously have the opportunity to find them and
2 hopefully eliminate them in New York State.
3 SENATOR RHOADS: Will the sponsor
4 continue to yield?
5 ACTING PRESIDENT MAYER: Do you
6 continue to yield?
7 SENATOR ADDABBO: Yes,
8 Madam President.
9 ACTING PRESIDENT MAYER: The
10 sponsor yields.
11 SENATOR RHOADS: What sorts of --
12 when you say "knowingly," how do you qualify
13 that? In other words, what types of activity,
14 what types of information would they have to have
15 in order for it to be determined that they knew
16 that their client was actually engaging in this
17 type of activity?
18 SENATOR ADDABBO: Through you,
19 Madam President. The federal law that I referred
20 to, that both states federal law and state law,
21 has safe-harbor language in there to basically
22 lay out what is knowingly.
23 SENATOR RHOADS: And will the
24 sponsor continue to yield.
25 ACTING PRESIDENT MAYER: Do you
5746
1 continue to yield?
2 SENATOR ADDABBO: Yes,
3 Madam President.
4 ACTING PRESIDENT MAYER: The
5 sponsor yields.
6 SENATOR RHOADS: Where in the state
7 law does it refer to those criteria?
8 SENATOR ADDABBO: Madam President,
9 through you. It's under federal law that it
10 refers to federal and state law.
11 SENATOR RHOADS: Will the sponsor
12 continue to yield.
13 ACTING PRESIDENT MAYER: Do you
14 continue to yield?
15 SENATOR ADDABBO: Yes,
16 Madam President.
17 ACTING PRESIDENT MAYER: The
18 sponsor yields.
19 SENATOR RHOADS: I don't mean to be
20 obtuse on this, but we're passing a state statute
21 today. Does the statute refer to the criteria
22 that are laid out in federal law anywhere so that
23 there's some guidance as to how these payment
24 processors or geolocation providers can actually
25 be in compliance with state law?
5747
1 SENATOR ADDABBO: Madam President,
2 again, we don't have to lay that out. If it's
3 laid out under federal law, we don't have to lay
4 that out.
5 And the federal law is giving us the
6 opportunity as a state to regulate it in
7 New York -- in this case ban it, the illegal
8 activity. So we don't have to lay it out if it's
9 already laid out in the federal law.
10 SENATOR RHOADS: Thank you for that
11 response.
12 Will the sponsor continue to yield?
13 ACTING PRESIDENT MAYER: Do you
14 continue to yield?
15 SENATOR ADDABBO: Yes,
16 Madam President.
17 ACTING PRESIDENT MAYER: The
18 sponsor yields.
19 SENATOR RHOADS: The legislation
20 indicates that the Gaming Commission can decide
21 when a simple digital spin-the-wheel or
22 bracket-style predictor crosses the line.
23 How exactly will the commission
24 engage in this type of rule-making?
25 SENATOR ADDABBO: Through you,
5748
1 Madam President. Obviously the Gaming Commission
2 is in the business of regulating gaming in
3 New York. They do have obviously the means and
4 the wherewithal to regulate this kind of illegal
5 activity or identify this illegal activity in
6 New York.
7 SENATOR RHOADS: And do we know
8 what the evidentiary threshold is going to be?
9 Or is that the same federal -- oh, does the
10 sponsor yield? Sorry.
11 ACTING PRESIDENT MAYER: Does the
12 sponsor continue to yield?
13 SENATOR ADDABBO: Yes,
14 Madam President.
15 ACTING PRESIDENT MAYER: The
16 sponsor yields.
17 SENATOR RHOADS: Do we know what
18 the evidentiary threshold is going to be for a
19 violation of state law? Or is that the same
20 criteria in the federal law that you indicated?
21 SENATOR ADDABBO: Once again --
22 Madam President, again, through you. Once again,
23 we have not legalized online casino games in
24 New York. Once you do that and you're allowing
25 people to win money off of it, it's illegal. So.
5749
1 SENATOR RHOADS: Will the sponsor
2 continue to yield?
3 ACTING PRESIDENT MAYER: Do you
4 continue to yield?
5 SENATOR ADDABBO: Yes,
6 Madam President.
7 ACTING PRESIDENT MAYER: The
8 sponsor yields.
9 SENATOR RHOADS: I understand that.
10 I'm referring specifically to not the ones that
11 are actually providing games, but the ones that
12 are processing the payments. Right?
13 How -- how -- what will the
14 evidentiary threshold be to determine whether or
15 not there was a violation by those actors? Not
16 the ones that are engaging in it directly, but
17 the ones that are knowingly supporting that
18 activity by processing payments?
19 SENATOR ADDABBO: Madam President,
20 through you. Again, in looking at the federal
21 law, there's safe-harbor listings that are what
22 is actually the activity that -- their
23 responsibility, it's listed there. So it's going
24 to be under federal law at that point.
25 SENATOR RHOADS: Okay. All right.
5750
1 Will the sponsor continue to yield.
2 ACTING PRESIDENT MAYER: Do you
3 continue to yield?
4 SENATOR ADDABBO: Yes,
5 Madam President.
6 ACTING PRESIDENT MAYER: The
7 sponsor yields.
8 SENATOR RHOADS: At some future
9 date, if this does pass today, would the sponsor
10 consider actually spelling those out in the
11 statute so that it's clear?
12 SENATOR ADDABBO: Through you,
13 Madam President. If it's listed already under
14 federal law, I don't know -- see the reasoning
15 why it's our responsibility to do that,
16 Madam President.
17 SENATOR RHOADS: Will the sponsor
18 continue to yield?
19 ACTING PRESIDENT MAYER: Do you
20 continue to yield?
21 SENATOR ADDABBO: Yes,
22 Madam President.
23 ACTING PRESIDENT MAYER: The
24 sponsor yields.
25 SENATOR RHOADS: But is there any
5751
1 reference in this statute to the federal law at
2 all?
3 SENATOR ADDABBO: Madam President,
4 through you. There's no reason to list it if
5 it's already existing federal law.
6 SENATOR RHOADS: Thank you,
7 Senator Addabbo. I appreciate it.
8 I'm going to speak briefly on the
9 bill, if that's okay.
10 ACTING PRESIDENT MAYER: Senator
11 Rhoads on the bill.
12 SENATOR RHOADS: Yeah, I certainly
13 understand and I applaud the idea behind the
14 bill-in-chief. Online gaming is certainly
15 something that's not permitted in the State of
16 New York. We certainly don't want that to fall
17 into the wrong hands.
18 You know, I am a little curious as
19 to why we didn't try to take a more targeted
20 approach specifically at those bad actors that
21 are engaging in this, and why we've included
22 payment processors, geolocation providers who --
23 we're now all of a sudden putting the burden on
24 them to make a determination as to what activity
25 is or isn't illegal that's being done by third
5752
1 parties that they happen to service.
2 I just am also concerned that it's
3 not clear as to what constitutes a violation.
4 You know, I know Senator Addabbo was kind enough
5 to refer to federal statute. But in looking at a
6 state statute and whether or not there's a
7 violation of a state statute, if I'm doing
8 business in the State of New York, I want to know
9 how can I avoid violating state law.
10 But if the criteria on how I can
11 avoid violating state law aren't listed in the
12 state statute, I might not know to look at the
13 federal statute. I'm not involved in gaming.
14 Why would I look at the federal gaming statute if
15 I'm an online payment processor?
16 It just seems as though, even though
17 well-intentioned, this constitutes a bit of an
18 overreach, and I just wish there was more clarity
19 in the bill.
20 But I thank you for your indulgence,
21 Madam President.
22 ACTING PRESIDENT MAYER: Are there
23 any other Senators wishing to be heard?
24 Seeing and hearing none, debate is
25 closed. The Secretary will ring the bell.
5753
1 Read the last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect immediately.
4 ACTING PRESIDENT MAYER: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT MAYER: Senator
8 Addabbo to explain his vote.
9 SENATOR ADDABBO: Thank you,
10 Madam President.
11 I want to thank my colleagues -- sit
12 down --
13 (Laughter.)
14 SENATOR ADDABBO: I want to thank
15 my colleagues for their support here. And I do
16 appreciate the dialogue with my friends on the
17 other side.
18 You know, we have an opportunity
19 here, since the state has not legalized online
20 gaming yet, Senator Krueger -- the bottom line is
21 this.
22 (Laughter.)
23 SENATOR ADDABBO: Without doing it,
24 what happens is we lose not only significant
25 sustainable revenue, but we lose the opportunity
5754
1 of helping people with a problem gaming
2 addiction.
3 These sweepstakes casinos -- and why
4 we should feel proud of what we do today -- have
5 been targeting minors, have been allowing people
6 to game illegally. And we're taking a good step
7 to avoid that.
8 You know, when New York is
9 surrounded by other states that have online
10 gaming -- New Jersey, Pennsylvania,
11 Connecticut -- we lose money to them. But more
12 importantly, we lose money to an illegal
13 activity. We lose money to an online shadow --
14 business in the shadows that we don't know. It's
15 an illegal market that's really doing very well.
16 And now we're trying to put a little light on
17 that illegal market. And I think that's a great
18 step we take.
19 I appreciate the efforts of this
20 body. I appreciate the efforts of the
21 Attorney General's office. I appreciate the
22 efforts of the Gaming Commission, and our leader
23 for allowing this to come forward. Because until
24 we legalize online gaming in New York, we do not
25 want the illegal market to expand, to grow, to
5755
1 target minors, to target those who have a
2 problem.
3 The fines that will be issued
4 through this bill, we should know those fines
5 that are collected go right to problem gaming
6 programs. So we are going to be still helping
7 people -- even more so -- with a gaming
8 addiction.
9 Madam President, I thank you so
10 much, and I'll be voting yes on the bill.
11 ACTING PRESIDENT MAYER: Senator
12 Addabbo to be recorded in the affirmative.
13 Senator Krueger to explain her vote.
14 SENATOR KRUEGER: Thank you so
15 much, Madam President.
16 I am voting yes for this bill, but I
17 appreciate the debate and my colleague's
18 presentation because it highlights for me exactly
19 why I don't support online gaming of any sort --
20 the illegal we are trying to outlaw tonight or
21 hopefully never the legal. Because the
22 discussions between my colleagues back and forth
23 highlight how easily it is to figure out how to
24 exploit people who can so easily get hooked into
25 gambling, particularly when it's on a phone in
5756
1 front of them with one credit card entry at one
2 point in their lives.
3 So thank you, Senator, for laying
4 out why we need this bill, and for hopefully
5 educating us to think about why we shouldn't be
6 allowing any of this to happen legally or
7 illegally in our state.
8 But I vote yes. Thank you.
9 ACTING PRESIDENT MAYER: Senator
10 Krueger to be recorded in the affirmative.
11 Announce the results.
12 THE SECRETARY: In relation to
13 Calendar 567, voting in the negative are
14 Senators O'Mara and Ortt.
15 Ayes, 57. Nays, 2.
16 ACTING PRESIDENT MAYER: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1041, Assembly Bill Number 4723, by
20 Assemblymember McDonald, an act to amend the
21 State Finance Law.
22 ACTING PRESIDENT MAYER: Senator
23 Martins, why do you rise?
24 SENATOR MARTINS: Madam President,
25 I was hoping that the sponsor would yield for a
5757
1 few questions.
2 ACTING PRESIDENT MAYER: Will the
3 sponsor yield? Senator Cooney, do you yield?
4 SENATOR COONEY: Madam President,
5 yes.
6 ACTING PRESIDENT MAYER: The
7 Senator yields.
8 Could we have some quiet in the
9 chamber? Thank you.
10 SENATOR MARTINS: Thank you,
11 Senator.
12 Although I appreciate the purpose of
13 the bill before us, Madam President, in that it
14 would go a long way towards addressing a serious
15 concern, an environmental concern with regard to
16 disposing of surplus property of New York State,
17 I'm concerned and troubled by the fact that the
18 bill appears to run counter to the
19 State Constitution, specifically Article VII,
20 Section 8, which prohibits gifts, prohibits the
21 state from taking property of the state and
22 giving it to any entity, whether it's a
23 not-for-profit or for-profit or individual.
24 There's a clear prohibition in
25 Article VII, Section 8, of the
5758
1 State Constitution. And I would just ask the
2 sponsor how we would reconcile the bill to the
3 clear prohibition in the State Constitution.
4 SENATOR COONEY: Through you,
5 Madam President, I appreciate the question by
6 Senator Martins.
7 I think the way to look at this
8 legislation is that it provides an additional
9 option, not a mandate. So what this legislation
10 would do is it would give a state agency the
11 ability to sell surplus furniture or items at
12 auction, to have it be sold at the state store in
13 Senator Fahy's district over at the Harriman
14 Campus, or now, if this bill passes, to donate
15 this surplus furniture or items to a registered
16 501(c)(3) not-for-profit organization in our
17 state.
18 How it probably addresses the
19 gifting clause that you're referring to, Senator,
20 is that we recognize that we already do donations
21 and grants through the state government to
22 not-for-profits, recognizing that there is a
23 public purpose for that grant from time to time
24 that we make.
25 This just allows these items not to
5759
1 have to be transferred in a way that results in
2 either not having a financial benefit to the
3 state, or unfortunately in cases going into the
4 landfill, or costing taxpayer dollars by having
5 them sit in storage facilities.
6 So we don't believe that this would
7 violate any gifting because it's not going to an
8 individual, rather going to a not-for-profit
9 organization.
10 SENATOR MARTINS: Through you,
11 Madam President, if the sponsor would continue to
12 yield.
13 ACTING PRESIDENT MAYER: Do you
14 continue to yield?
15 SENATOR COONEY: Yes.
16 ACTING PRESIDENT MAYER: The
17 sponsor yields.
18 SENATOR MARTINS: If you don't
19 mind, why don't we perhaps walk through the
20 process as you see it, through your bill, as to
21 how this surplus material would be disposed of?
22 Would it first be --
23 Madam President, through you -- would it first be
24 put up for sale?
25 SENATOR COONEY: Under -- through
5760
1 you, Madam President. The process of which the
2 surplus property can be disposed of is that it
3 has to go through a number of steps.
4 First, the state agency would have
5 to offer it to other state agencies to see if
6 there was a need.
7 Second, there would be the ability
8 for an evaluation of the property, the surplus
9 property. Then they'd have the ability to either
10 auction it and then, in this case, if they chose
11 not to auction it, they could donate it directly
12 to a not-for-profit that has all of its filings
13 in good standing with the state.
14 I will say that this is not
15 something that is too out of line with what we
16 see other governmental organizations do. We
17 know, for example, the federal government has a
18 similar process in disposing of their surplus
19 property through the GSA.
20 In our case, obviously in New York,
21 a little bit different. We would rely on OGS to
22 help facilitate this process.
23 SENATOR MARTINS: Thank you,
24 Madam President. Through you, if the sponsor
25 would continue to yield.
5761
1 ACTING PRESIDENT MAYER: Do you
2 continue to yield?
3 SENATOR COONEY: Absolutely.
4 ACTING PRESIDENT MAYER: The
5 sponsor yields.
6 SENATOR MARTINS: But I'm sure you
7 would agree that there's one obstacle here in
8 New York that doesn't exist in the U.S.
9 government or in federal considerations, which is
10 the State Constitution itself. Right?
11 SENATOR COONEY: Is that a
12 question?
13 SENATOR MARTINS: It is.
14 SENATOR COONEY: I understand that
15 we'd have jurisdiction underneath the New York
16 State Constitution, yes.
17 SENATOR MARTINS: Through you,
18 Madam President, if the sponsor would continue to
19 yield.
20 ACTING PRESIDENT MAYER: Do you
21 continue to yield?
22 SENATOR COONEY: Yes.
23 ACTING PRESIDENT MAYER: The
24 Senator yields.
25 SENATOR MARTINS: I believe the
5762
1 bill would also allow each state agency, once
2 there's a determination as to the value of a
3 particular piece of equipment or piece of
4 property, to have the discretion to dispose of it
5 if they believe that the value of that property
6 is less than the amount that was set.
7 That would be done by the state
8 agency itself, isn't that right?
9 SENATOR COONEY: Through you,
10 Madam President, that is correct.
11 SENATOR MARTINS: So before --
12 through you, Madam President, if the sponsor
13 would continue to yield.
14 ACTING PRESIDENT MAYER: Do you
15 continue to yield?
16 SENATOR COONEY: Yes.
17 ACTING PRESIDENT MAYER: The
18 Senator yields.
19 SENATOR MARTINS: So before it's
20 put up for sale, before it's determined whether
21 or not someone wants to buy it at auction, if
22 there's a value placed on that piece of
23 equipment, on that furniture or whatnot, or that
24 piece of property, that a department head, an
25 agency head can on their own, without trying to
5763
1 sell it, without trying to do anything else, can
2 actually donate it to a not-for-profit agency.
3 SENATOR COONEY: Through you,
4 Madam President. So just from a process
5 standpoint, the valuation that you just referred
6 to, Senator Martins, would take place after
7 they've tried to sell this property through
8 surplus property already.
9 So in terms of procedure, that
10 valuation would come secondarily.
11 SENATOR MARTINS: Through you,
12 Madam President, if the sponsor would continue to
13 yield. Just a few more questions.
14 ACTING PRESIDENT MAYER: Do you
15 continue to yield?
16 SENATOR COONEY: Yes.
17 ACTING PRESIDENT MAYER: The
18 Senator yields.
19 SENATOR MARTINS: So in every
20 instance, Senator, if I understand correctly,
21 there's going to be an attempt to sell the
22 property, hand it off to another agency, sell the
23 property and to use it or receive some benefit
24 back. And only after there is no takers and
25 nobody offers anything for this property, in the
5764
1 ultimate instance that it isn't sold at auction,
2 not even for anything, that the agency would then
3 have the discretion, and only under those
4 circumstances, to hand it off to a
5 not-for-profit.
6 SENATOR COONEY: I think we're
7 almost there, Senator Martins.
8 So after the valuation takes place,
9 then there's a series of options that the state
10 agency would have to dispose of said property.
11 So it wouldn't be that they have to do Option 1,
12 Option 2, Option 3 first. Offer it to a state
13 agency, sell it at auction. They could choose
14 which methodology they have to dispose of it.
15 This would allow the addition of donating it to a
16 not-for-profit organization. In those options of
17 disposal of surplus property.
18 SENATOR MARTINS: Through you,
19 Madam President, if the sponsor would continue to
20 yield.
21 ACTING PRESIDENT MAYER: Do you
22 continue to yield?
23 SENATOR COONEY: Yes.
24 ACTING PRESIDENT MAYER: The
25 Senator yields.
5765
1 SENATOR MARTINS: And so, Senator,
2 would that decision be made at the agency level
3 and they decide whether or not it's worth
4 transferring it, selling it, or giving it to
5 somebody?
6 SENATOR COONEY: That's correct.
7 SENATOR MARTINS: Through you,
8 Madam President, if the sponsor would continue to
9 yield.
10 ACTING PRESIDENT MAYER: Will you
11 continue to yield?
12 SENATOR COONEY: Yes.
13 ACTING PRESIDENT MAYER: The
14 sponsor yields.
15 SENATOR MARTINS: And would they be
16 able to give it to any 501(c)(3) registered and
17 in good standing in New York State?
18 SENATOR COONEY: Yes.
19 So for example, Senator Martins, if
20 SUNY Albany or SUNY Old Westbury wanted to
21 dispose of a series of desks, and they have gone
22 through that process and they wanted to donate it
23 to Habitat for Humanity in Nassau County, then
24 they would be able to do that. And as long as
25 Habitat for Humanity had had all their files made
5766
1 on time and been registered in good standing with
2 the Charities Bureau of New York State, they
3 could make that transfer.
4 SENATOR MARTINS: Thank you.
5 Madam President, on the bill.
6 Senator Cooney, thank you very much
7 for your answers. I appreciate it.
8 ACTING PRESIDENT MAYER: Senator
9 Martins on the bill.
10 SENATOR MARTINS: You know, I think
11 we're all sympathetic to the bill. We all
12 understand what we're trying to do here.
13 Unfortunately -- or fortunately,
14 Madam President -- it just can't be. The
15 State Constitution doesn't distinguish between
16 not-for-profits and for-profits or individuals.
17 Any private entity is prohibited, or the state is
18 prohibited from giving any asset of the state --
19 which belongs, by the way, to each and every
20 person in the state. That's why you can't just
21 give it away. You could sell it away, but you
22 can't just give it away. And there's a state
23 constitutional prohibition there for a reason.
24 What's troubling here is that on top
25 of that, the discretion to actually give that
5767
1 away is given to a state agency, where they get
2 to decide not only on the value, but then get to
3 determine whether or not the value is
4 sufficiently low, whatever that means, in their
5 discretion, so that they can just hand it off to
6 a 501(c)(3).
7 Now, there are 501(c)(3)s and there
8 are 501(c)(3)s. Okay? Everyone has their
9 favorite charity. We each donate to whomever we
10 want. But that should not be the discretion or
11 criteria that determines how we dispose of
12 valuable assets of the state. So my concern,
13 Madam President, is, frankly, it's
14 unconstitutional.
15 Now, the Constitution does say that
16 there are ways of being able to address this.
17 It's in the Constitution itself, where it says
18 that if you're going to give it, give it to a
19 political subdivision directly, give it to an
20 organization that deals with certain criteria and
21 certain types of organizations. It's actually in
22 the Constitution.
23 So if we follow the Constitution and
24 we allow for these to go to specific groups --
25 most likely educational institutions, local
5768
1 governments -- so that they continue to have a
2 public purpose and use, that to me would make
3 sense.
4 But that's not what this bill does.
5 And to the extent that it runs counter to the
6 very language in the State Constitution,
7 Madam President, I can't support it. I support
8 the concept and the idea that we don't want more
9 of our state resources ending up in landfills,
10 but this is not the way to do it.
11 And so again, I want to thank the
12 sponsor for the bill and for his effort here.
13 But unfortunately, it runs counter to our
14 State Constitution, so I'll be voting no.
15 ACTING PRESIDENT MAYER: Thank you,
16 Senator Martins.
17 Are there any other Senators wishing
18 to be heard?
19 Seeing and hearing none, debate is
20 closed. The Secretary will ring the bell.
21 Read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MAYER: Call the
25 roll.
5769
1 (The Secretary called the roll.)
2 ACTING PRESIDENT MAYER: Senator
3 Cooney to explain his vote.
4 SENATOR COONEY: Thank you,
5 Madam President.
6 And I want to thank Senator Martins
7 for raising concerns around gifting. And
8 certainly we want to be mindful of our state
9 constitutional responsibilities.
10 There's been some recent case law in
11 the Third Department that I was just reviewing
12 that talked about the benefit of a public
13 purpose. And so the reason why there's been so
14 much support for this legislation from groups
15 like Habitat for Humanity, Goodwill of the
16 Finger Lakes, where I represent, organizations
17 across the state who are saying this could really
18 serve a public need.
19 At a time when so many organizations
20 are looking for additional resources, when
21 there's so much waste happening, when the state
22 is realigning its facilities and has lots of new
23 surplus opportunities to make these donations,
24 this could really serve a public purpose in this
25 moment, in this country, in this state.
5770
1 So I think adding this additional
2 option provides that flexibility for the State of
3 New York to make sure that we are additive at
4 helping communities in their time of need. And
5 of course I support this legislation.
6 I vote aye, Madam President.
7 ACTING PRESIDENT MAYER: Senator
8 Cooney to be recorded in the affirmative.
9 Senator Gounardes to explain his
10 vote.
11 SENATOR GOUNARDES: Thank you,
12 Madam President.
13 I just want to thank Senator Cooney
14 and Senator Martins for giving me a topic to
15 research for next year's Constitution Day speech.
16 (Laughter.)
17 SENATOR GOUNARDES: I vote aye.
18 (Laughter; applause.)
19 ACTING PRESIDENT MAYER: Senator
20 Gounardes, how do you vote?
21 SENATOR GOUNARDES: I vote aye.
22 ACTING PRESIDENT MAYER: Senator
23 Gounardes to be recorded in the affirmative.
24 Announce the results.
25 THE SECRETARY: In relation to
5771
1 Calendar 1041, voting in the negative are
2 Senators Ashby, Borrello, Canzoneri-Fitzpatrick,
3 Chan, Lanza, Martins, Mattera, O'Mara, Ortt,
4 Palumbo, Rhoads, Rolison, Stec, Tedisco, Walczyk,
5 Weber and Weik.
6 Ayes, 42. Nays, 17.
7 ACTING PRESIDENT MAYER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1375, Assembly Bill Number 4997, by
11 Assemblymember Glick, an act to amend the
12 Environmental Conservation Law.
13 ACTING PRESIDENT MAYER: Senator
14 Ashby, why do you rise?
15 SENATOR ASHBY: Will the sponsor
16 yield?
17 ACTING PRESIDENT MAYER: I believe
18 that Senator Gianaris is going to be the sponsor
19 for this evening.
20 SENATOR GIANARIS: I'm not the
21 sponsor, but I will yield.
22 SENATOR ASHBY: Through you,
23 Madam President. Would you agree that the
24 production of cutting-edge vaccines and medical
25 therapies, including the COVID-19 vaccine, should
5772
1 be a priority for policymakers?
2 SENATOR GIANARIS: Yes. Would you?
3 SENATOR ASHBY: Yes.
4 SENATOR GIANARIS: Excellent.
5 SENATOR ASHBY: Are you aware that
6 the blood of the horseshoe crab is used to
7 develop those things?
8 SENATOR GIANARIS: I'm aware that
9 it's used for biomedical purposes.
10 SENATOR ASHBY: If you are aware,
11 then why does this bill specifically ban
12 biomedical harvesting?
13 SENATOR GIANARIS: There are
14 currently no DEC permits for biomedical
15 harvesting. So it is not something that is
16 prevalent currently.
17 SENATOR ASHBY: Why not a
18 moratorium --
19 ACTING PRESIDENT MAYER: Excuse me,
20 Senator Ashby --
21 SENATOR ASHBY: Through you,
22 Madam President, will the sponsor yield?
23 ACTING PRESIDENT MAYER: Will the
24 sponsor yield?
25 SENATOR GIANARIS: Yes.
5773
1 ACTING PRESIDENT MAYER: The
2 sponsor yields.
3 SENATOR ASHBY: Why not a
4 moratorium or a numerical limit?
5 SENATOR GIANARIS: Madam President,
6 it's not what the sponsor has put in this
7 legislation.
8 (Laughter.)
9 SENATOR ASHBY: Will the sponsor
10 yield?
11 ACTING PRESIDENT MAYER: Will the
12 sponsor yield?
13 SENATOR GIANARIS: I'm not the
14 sponsor, but I will yield.
15 ACTING PRESIDENT MAYER: Yes,
16 sorry. Senator Gianaris yields.
17 SENATOR ASHBY: Yes, I realize
18 that. I'm asking why not.
19 Why not, if it's -- if we're both in
20 support of this, and I would think the sponsor is
21 as well, why not a carveout for biomedical
22 harvesting?
23 SENATOR GIANARIS: Well, I think
24 part of the problem is that, as opposed to other
25 Mid-Atlantic states, the population of the
5774
1 horseshoe crab is in more dramatic decline in
2 New York. And there are an ample supply of
3 horseshoe crabs in other states, particularly in
4 Delaware, that can be harvested for biomedical
5 purposes.
6 But in New York I believe we're the
7 only state in the commission -- that's subject to
8 the Atlantic States Commission that has been
9 rated "poor" for its efforts to control the
10 excessive harvesting of horseshoe crabs. And so
11 we need to take more dramatic measures perhaps
12 than others have taken to preserve the
13 population.
14 SENATOR ASHBY: Will the sponsor
15 yield?
16 ACTING PRESIDENT MAYER: Do you
17 continue to yield, Senator Gianaris?
18 SENATOR GIANARIS: Yes, I will.
19 SENATOR ASHBY: Through you,
20 Madam President, I understand that there's a
21 scientific carveout, but not a biomedical one.
22 Can you explain the difference?
23 SENATOR GIANARIS: It's my
24 understanding that the amount of horseshoe crabs
25 that might be utilized for scientific purposes is
5775
1 minuscule compared to what would be allowed if
2 you expanded it to the other uses.
3 SENATOR ASHBY: Will the sponsor
4 yield?
5 ACTING PRESIDENT MAYER: Will you
6 continue to yield?
7 SENATOR GIANARIS: I'm not the
8 sponsor, but --
9 ACTING PRESIDENT MAYER: I
10 understand.
11 SENATOR GIANARIS: -- I will yield.
12 ACTING PRESIDENT MAYER: Senator
13 Gianaris is definitely not the sponsor.
14 (Laughter.)
15 SENATOR ASHBY: Will
16 Senator Gianaris yield?
17 ACTING PRESIDENT MAYER: Senator
18 Gianaris, do you yield?
19 SENATOR GIANARIS: I will yield.
20 ACTING PRESIDENT MAYER: The
21 Senator yields.
22 SENATOR ASHBY: It's my
23 understanding that it takes three to five years
24 to develop a synthetic that would be the
25 equivalent to what is found in the blood of
5776
1 horseshoe crabs.
2 Are you concerned at all, sponsor or
3 not, that we would be delaying or potentially
4 impeding scientific development during that time
5 that could drastically affect the lives of people
6 in the United States?
7 SENATOR GIANARIS: No, I am not
8 concerned about that.
9 SENATOR ASHBY: Will
10 Senator Gianaris yield?
11 ACTING PRESIDENT MAYER: Will
12 Senator Gianaris yield?
13 SENATOR GIANARIS: I will yield.
14 ACTING PRESIDENT MAYER: The
15 Senator yields.
16 SENATOR GIANARIS: I do.
17 SENATOR ASHBY: Being that this is
18 the only enzyme capable for testing and
19 developing for vaccines that we are both in favor
20 of, you flatly are not concerned in this -- with
21 this at all?
22 SENATOR GIANARIS: No, I'm not
23 concerned about your question because I don't
24 think it's a problem when the horseshoe crabs in
25 the surrounding states are abundantly available
5777
1 for that purpose.
2 SENATOR ASHBY: On the bill.
3 ACTING PRESIDENT MAYER: Senator
4 Ashby on the bill.
5 SENATOR ASHBY: So it seems as
6 though, sponsor or not, Senator Gianaris isn't
7 concerned with New York's ability to contribute
8 to the development, production of lifesaving
9 vaccines and medical production. It's a bit
10 surprising.
11 But I do think that this
12 legislation, we hear it often, is well-intended.
13 It is short-sighted. We're perfectly capable
14 here of making carveouts for scientific purposes,
15 but why not for biomedical purposes that we
16 apparently all agree on?
17 Thank you, Madam President.
18 ACTING PRESIDENT MAYER: Thank you,
19 Senator Ashby.
20 Are there any other Senators wishing
21 to be heard?
22 Seeing and hearing none, debate is
23 closed. The Secretary will ring the bell.
24 Read the last section.
25 THE SECRETARY: Section 2. This
5778
1 act shall take effect immediately.
2 ACTING PRESIDENT MAYER: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT MAYER: Senator
6 Ryan to explain his vote.
7 SENATOR SEAN RYAN: Senator
8 Gianaris, even though you're not the sponsor of
9 this legislation, it's a very good legislation.
10 The vast majority of horseshoe crabs
11 harvested in New York State are harvested to be
12 used in fish traps. They chop them up and they
13 put them in fish traps.
14 There's alternatives to that. The
15 horseshoe crab is 445 million years old. It
16 predates the dinosaur. It has unique blue blood
17 with a clotting agent.
18 There are also alternatives to using
19 that, but other states and other medical
20 facilities know how to draw blood from the
21 horseshoe crabs without killing them.
22 So in New York State most horseshoe
23 crabs that are killed are killed for bait
24 purposes. And nothing is more disturbing than
25 going out to the beach at nighttime, seeing
5779
1 somebody pull up with a pickup truck and just
2 shovel horseshoe crabs into the back.
3 But I'll tell you why else,
4 Madam President, this is a good bill. It's
5 because of a bird called the red knot. Every
6 year a bird called the red knot leaves
7 Tierra del Fuego in South America, and it comes
8 all the way up to New York and New Jersey.
9 Now, it started doing that trip well
10 before New York and New Jersey look like they do
11 now. But they have an evolutionary time clock.
12 They come up the coast at the same time the
13 horseshoe crabs are migrating, so they can eat
14 their eggs. It's their only food source when
15 they land in the Delaware Bay, New York and
16 New Jersey. And then they continue on even
17 farther.
18 But horseshoe crabs in New York and
19 New Jersey are plummeting, and they're plummeting
20 simply because we use them as bait.
21 So I proudly cast my vote in favor
22 of the bill that is not Mike Gianaris's, but he
23 did a very good arguing it anyways. I vote aye.
24 ACTING PRESIDENT MAYER: Senator
25 Ryan to be recorded in the affirmative.
5780
1 (Laughter, scattered applause.)
2 ACTING PRESIDENT MAYER: Announce
3 the results.
4 THE SECRETARY: In relation to
5 Calendar 1375, voting in the negative are
6 Senators Ashby, Borrello, Canzoneri-Fitzpatrick,
7 Chan, Gallivan, Griffo, Helming, O'Mara, Ortt,
8 Palumbo, Rhoads, Rolison, Skoufis, Stec, Tedisco
9 and Walczyk.
10 Ayes, 43. Nays, 16.
11 ACTING PRESIDENT MAYER: The bill
12 is passed.
13 Senator Gianaris, that completes the
14 reading of the controversial calendar.
15 SENATOR GIANARIS: Thank you,
16 Madam President.
17 I must note for my colleagues that
18 on this final Wednesday of session I was
19 disappointed we did not hear from Senator Walczyk
20 all day.
21 (Laughter.)
22 SENATOR GIANARIS: But there's
23 always tomorrow. The Walczyk Thursday tradition
24 can begin tomorrow.
25 Is there any further business at the
5781
1 desk?
2 ACTING PRESIDENT MAYER: There is
3 no further business at the desk.
4 SENATOR GIANARIS: Move to adjourn
5 until tomorrow, Thursday, June 12th, at
6 10:00 a.m.
7 ACTING PRESIDENT MAYER: On motion,
8 the Senate stands adjourned until Thursday,
9 June 12th, at 10:00 a.m.
10 (Whereupon, at 10:28 p.m., the
11 Senate adjourned.)
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