Regular Session - May 28, 2026

                                                                   5983

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    May 28, 2026

11                      1:01 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR ROXANNE J. PERSAUD, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               5984

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

 2                 ACTING PRESIDENT PERSAUD:   The 

 3    Senate will come to order.

 4                 I ask everyone 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 PERSAUD:   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 PERSAUD:   Reading 

14    of the Journal.

15                 THE SECRETARY:   In Senate, 

16    Wednesday, May 27, 2026, the Senate met pursuant 

17    to adjournment.  The Journal of Tuesday, May 26, 

18    2025, was read and approved.  

19                 On motion, the Senate adjourned.

20                 ACTING PRESIDENT PERSAUD:   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 Cleare 


                                                               5985

 1    moves to discharge, from the Committee on Aging, 

 2    Assembly Bill Number 8447A and substitute it for 

 3    the identical Senate Bill 8072B, Third Reading 

 4    Calendar 229.  

 5                 Senator Harckham moves to discharge, 

 6    from the Committee on Crime Victims, Crime and 

 7    Corrections, Assembly Bill Number 6666A and 

 8    substitute it for the identical Senate Bill 

 9    6390A, Third Reading Calendar 425.

10                 Senator Sanders moves to discharge, 

11    from the Committee on Aging, Assembly Bill 

12    Number 582A and substitute it for the identical 

13    Senate Bill 3180A, Third Reading Calendar 490.

14                 Senator Kavanagh moves to discharge, 

15    from the Committee on Housing, Assembly Bill 

16    Number 3029A and substitute it for the identical 

17    Senate Bill 2091A, Third Reading Calendar 573.

18                 Senator Parker moves to discharge, 

19    from the Committee on Energy, Assembly Bill 

20    Number 5592A and substitute it for the identical 

21    Senate Bill 2011A, Third Reading Calendar 687.

22                 Senator Hinchey moves to discharge, 

23    from the Committee on Investigations and 

24    Government Operations, Assembly Bill Number 10405 

25    and substitute it for the identical Senate Bill 


                                                               5986

 1    9387, Third Reading Calendar 720.

 2                 Senator Krueger moves to discharge, 

 3    from the Committee on Housing, Assembly Bill 

 4    Number 659 and substitute it for the identical 

 5    Senate Bill 9650, Third Reading Calendar 723.

 6                 Senator SepĂșlveda moves to 

 7    discharge, from the Committee on Judiciary, 

 8    Assembly Bill Number 8047B and substitute it for 

 9    the identical Senate Bill 9792, Third Reading 

10    Calendar 754.

11                 Senator Scarcella-Spanton moves to 

12    discharge, from the Committee on 

13    Higher Education, Assembly Bill Number 6001A and 

14    substitute it for the identical Senate Bill 

15    Number 7784A, Third Reading Calendar 769.

16                 Senator Ramos moves to discharge, 

17    from the Committee on Labor, Assembly Bill 

18    Number 8480 and substitute it for the identical 

19    Senate Bill 8131, Third Reading Calendar 870.

20                 Senator Hinchey moves to discharge, 

21    from the Committee on Health, Assembly Bill 

22    Number 7840A and substitute it for the identical 

23    Senate Bill 6578A, Third Reading Calendar 977.

24                 Senator Skoufis moves to discharge, 

25    from the Committee on Investigations and 


                                                               5987

 1    Government Operations, Assembly Bill Number 10032 

 2    and substitute it for the identical Senate Bill 

 3    Number 9107, Third Reading Calendar 1069.

 4                 Senator Hinchey moves to discharge, 

 5    from the Committee on Investigations and 

 6    Government Operations, Assembly Bill Number 10522 

 7    and substitute it for the identical Senate Bill 

 8    Number 9374, Third Reading Calendar 1075.

 9                 Senator Hinchey moves to discharge, 

10    from the Committee on Investigations and 

11    Government Operations, Assembly Bill 

12    Number 10737A and substitute it for the identical 

13    Senate Bill Number 9551A, Third Reading Calendar 

14    1080.

15                 Senator Zellner moves to discharge, 

16    from the Committee on Investigations and 

17    Government Operations, Assembly Bill 

18    Number 10932A and substitute it for the identical 

19    Senate Bill 9850A, Third Reading Calendar 1083.

20                 Senator Stewart-Cousins moves to 

21    discharge, from the Committee on Cities 2, 

22    Assembly Bill Number 9520 and substitute it for 

23    the identical Senate Bill 8859, Third Reading 

24    Calendar 1131.

25                 Senator Addabbo moves to discharge, 


                                                               5988

 1    from the Committee on Veterans, Homeland Security 

 2    and Military Affairs, Assembly Bill Number 7627B 

 3    and substitute it for the identical Senate Bill 

 4    Number 7786B, Third Reading Calendar 1162.

 5                 Senator Palumbo moves to discharge, 

 6    from the Committee on Local Government, 

 7    Assembly Bill Number 10325 and substitute it for 

 8    the identical Senate Bill 10012, Third Reading 

 9    Calendar 1252.

10                 Senator Ryan moves to discharge, 

11    from the Committee on Transportation, 

12    Assembly Bill Number 9351A and substitute it for 

13    the identical Senate Bill 8571A, Third Reading 

14    Calendar 1271.

15                 Senator Fernandez moves to 

16    discharge, from the Committee on Transportation, 

17    Assembly Bill Number 10722 and substitute it for 

18    the identical Senate Bill 9639, Third Reading 

19    Calendar 1277.

20                 ACTING PRESIDENT PERSAUD:   So 

21    ordered.

22                 Messages from the Governor.

23                 Reports of standing committees.

24                 Reports of select committees.

25                 Communications and reports from 


                                                               5989

 1    state officers.

 2                 Motions and resolutions.

 3                 Senator Gianaris.

 4                 SENATOR GIANARIS:   Good afternoon, 

 5    Madam President.

 6                 ACTING PRESIDENT PERSAUD:   Good 

 7    afternoon.

 8                 SENATOR GIANARIS:   There will be an 

 9    immediate meeting of the Rules Committee in 

10    Room 332.

11                 ACTING PRESIDENT PERSAUD:   There 

12    will be an immediate meeting of the 

13    Rules Committee in Room 332.

14                 SENATOR GIANARIS:   We may reconvene 

15    to simultaneously take up some resolutions, but 

16    for now we will stand at ease.

17                 ACTING PRESIDENT PERSAUD:   The 

18    Senate will stand at ease.

19                 (Whereupon, the Senate stood at ease 

20    at 1:06 p.m.)

21                 (Whereupon, the Senate reconvened at 

22    1:08 p.m.)

23                 ACTING PRESIDENT BAILEY:   The 

24    Senate will return to order.

25                 Personal point of privilege:  Happy 


                                                               5990

 1    Birthday, Dorothy! 

 2                 (Applause.)

 3                 ACTING PRESIDENT BAILEY:   Senator 

 4    Serrano.

 5                 SENATOR SERRANO:   Thank you, 

 6    Mr. President.  

 7                 Let's now take up previously adopted 

 8    Resolution 2113, by Senator Hinchey.  Let's read 

 9    that resolution title only, and call on 

10    Senator Hinchey.  

11                 ACTING PRESIDENT BAILEY:   The 

12    Secretary will read.

13                 THE SECRETARY:   Resolution 2113, by 

14    Senator Hinchey, mourning the death of Ronald F. 

15    Lipton, distinguished citizen, devoted public 

16    servant, and cherished member of his community.

17                 ACTING PRESIDENT BAILEY:   Senator 

18    Hinchey on the resolution.

19                 SENATOR HINCHEY:   Thank you, 

20    Mr. President.  

21                 I rise today to honor the 

22    extraordinary legacy of a beloved Greene County 

23    community member and friend, Ron Lipton, who 

24    passed away on January 22nd this year at the age 

25    of 85.  


                                                               5991

 1                 Ron believed that each of us must 

 2    actively work to change the world for the better, 

 3    starting right in our own communities, and he 

 4    lived that belief to its fullest.  He lived 

 5    through and witnessed some of the most tumultuous 

 6    times of social and political upheaval of the 

 7    past century.  Instead of turning to apathy and 

 8    cynicism, he looked to the strongest force for 

 9    good that he knew, people.  

10                 In each community that was lucky 

11    enough to count Ron as a resident, he learned the 

12    local issues, brought people together, and 

13    advocated for real commonsense solutions that 

14    would actually make a difference in people's 

15    lives.  

16                 As a young man, he committed himself 

17    to global humanitarian service, through the 

18    international aid organization Care, in the early 

19    1970s.  When he returned to the U.S., Ron 

20    ventured to California, serving as an advisor to 

21    then Governor Jerry Brown, during a pivotal 

22    moment in environmental and economic reform.  

23                 In 2006, Ron relocated to Lexington, 

24    in Greene County, for his retirement.  And it 

25    should be said that it says a lot about a person 


                                                               5992

 1    who chooses to move to a beautiful-but-can-be- 

 2    fairly-challenging area like the Mountain Top 

 3    upon retirement.  

 4                 But oh, how lucky we were.  What 

 5    might have been a period of rest and tranquility 

 6    instead became a vibrant new chapter of active 

 7    community involvement on the mountain.  He served 

 8    with distinction as the cochair of the Lexington 

 9    Town Democratic Committee and was an active 

10    member of the Mountain Top Progressives, an 

11    organization he helped found and lead as a forum 

12    for connection and activism across the rural 

13    community that shared Mountain Top towns.  

14                 Ron had an insatiable drive to right 

15    wrongs and better the lives of those around him.  

16    Over the years, my team and I worked with Ron on 

17    a number of occasions.  Always fighting for the 

18    well-being of his neighbors, Ron never just 

19    brought us grievances, he worked with us on 

20    solutions.  In fact, one of my favorite topics to 

21    discuss with Ron was energy policy, an area he 

22    focused on during his tenure with Governor Jerry 

23    Brown.  

24                 He was advocating to me for 

25    PSC reform and utility oversight well before it 


                                                               5993

 1    was in our everyday lexicon.  And our bill to 

 2    change the makeup of the PSC and require 

 3    affordability in all proceedings -- which has 

 4    already passed this chamber -- was written in 

 5    partnership with Ron and his wisdom.

 6                 We all know that in this job one of 

 7    the best parts is meeting the people that would 

 8    otherwise probably never cross our path.  For me, 

 9    one of those incredibly special people was 

10    Ron Lipton.  

11                 I'll spare the whole story, but my 

12    first meeting with Ron almost never happened.  

13    You see, we were scheduled to meet at Maggie's 

14    Crooked Cafe in Tannersville.  However, that part 

15    of town had exactly zero cell service.  Both Ron 

16    and I waited for over an hour for the other to 

17    show up, not knowing that the other was just 

18    sitting just a few feet away, one inside and one 

19    outside.  

20                 It was a quick lesson for me on the 

21    lack of critical infrastructure across our rural 

22    communities.

23                 At the last moment, Ron and I did 

24    find each other, and thank God we did.  That 

25    meeting started a wonderful friendship filled 


                                                               5994

 1    with life lessons to me from Ron.  I was in awe 

 2    of his travels, his stories, his energy and his 

 3    moral clarity that never wavered.  

 4                 Those of us lucky enough to have 

 5    known Ron Lipton will forever miss the example he 

 6    set in his community-minded leadership.  And of 

 7    course, his persistence.  My one regret is that I 

 8    never made it with him to the Bronx Zoo, but I 

 9    promise that I will get there in his honor.  

10                 Joining us in the gallery today are 

11    friends of Ron who have become family.  We 

12    remember Ron today in this chamber but will carry 

13    his lessons, his humor, his passion and his 

14    memory with us forever.  

15                 I proudly vote aye on this 

16    resolution and look forward to honoring Ron and 

17    his memory in the years to come.

18                 Thank you.

19                 (Applause from the gallery.)

20                 ACTING PRESIDENT BAILEY:   Thank 

21    you, Senator Hinchey.

22                 To the friends who have become 

23    family of Mr. Lipton, we will assure you that 

24    Senator Hinchey will make her way to the 

25    Bronx Zoo.  


                                                               5995

 1                 We thank you for carrying his legacy 

 2    on.  And I welcome you on behalf of the Senate 

 3    and extend to you all the privileges and 

 4    courtesies of this house.

 5                 Please rise and be recognized.

 6                 (Standing ovation.)

 7                 ACTING PRESIDENT BAILEY:   The 

 8    resolution was adopted on May 19th.

 9                 Senator Serrano.  

10                 SENATOR SERRANO:   Thank you, 

11    Mr. President.

12                 Let's now take up previously adopted 

13    Resolution 2060, by Senator Fahy.  Let's read 

14    that title only and call on Senator Fahy.

15                 ACTING PRESIDENT BAILEY:   The 

16    Secretary will read.

17                 THE SECRETARY:   Resolution 2060, by 

18    Senator Fahy, memorializing Governor Kathy Hochul 

19    to proclaim May 2026 as Cystic Fibrosis Awareness 

20    Month in the State of New York.

21                 ACTING PRESIDENT BAILEY:   Senator 

22    Fahy on the resolution.

23                 SENATOR FAHY:   Thank you, 

24    Mr. President.

25                 Today this resolution recognizes 


                                                               5996

 1    that May of this year is Cystic Fibrosis 

 2    Awareness Month.  

 3                 Cystic fibrosis is a rather 

 4    devastating genetic disease that affects the 

 5    lungs, digestive system and other vital organs.  

 6    It affects 1600 New Yorkers and of course tens of 

 7    thousands of families across the country.  

 8                 Today we are joined by one of those 

 9    individuals, Kellen McHale, who is here in -- 

10    stand up, please, Kellen, if you would.  He 

11    attends Lynnwood Academy in Guilderland, and he 

12    is one of those who knows what it's like to daily 

13    live and go through hours of treatment, 

14    medications and therapies simply to breathe, eat 

15    and stay healthy.  

16                 However, he has shown, as well as so 

17    many others with this disease, extraordinary 

18    resilience, courage, and hope.  

19                 And because of decades of research 

20    and advocacy, as well as innovation, today those 

21    with CF, or cystic fibrosis, live longer, fuller 

22    lives than ever before.  And treatments that were 

23    unimaginable just a generation ago are really 

24    allowing patients to attend school, play 

25    baseball, as Kellen does, build careers, raise 


                                                               5997

 1    families, and pursue multiple dreams.  

 2                 That's why awareness is so essential 

 3    for this disease, as is early diagnosis with 

 4    newborn screening, continued investments in 

 5    research.  And all, combined, can make a 

 6    life-changing difference here for these families 

 7    and individuals.  

 8                 It is important that here in 

 9    New York we continue to support world-class 

10    treatment centers and support our dedicated 

11    health professionals as well as the parents, the 

12    caregivers and all the loved ones who shoulder 

13    the burden behind the scenes and help young 

14    people like Kellen navigate the healthcare system 

15    through their unwavering support, as his mom and 

16    granddad and more are here to support him.

17                 As lawmakers we do have that 

18    responsibility to make sure that we continue to 

19    provide quality access to affordable care, to 

20    strengthen biomedical research, and ensure that 

21    New Yorkers living with CF have the opportunity 

22    to live these longer, healthier lives through 

23    this advancement of medical progress.

24                 So today, on behalf of myself as 

25    well as Senator Ashby, who is a friend of the 


                                                               5998

 1    family, I would appreciate, Mr. President, if you 

 2    would join me in welcoming Kellen and his entire 

 3    family.  Thank you.

 4                 ACTING PRESIDENT BAILEY:   Thank 

 5    you, Senator Fahy.  

 6                 Senator Ashby on the resolution.

 7                 SENATOR ASHBY:   Thank you, 

 8    Mr. President.  

 9                 And thank you, Senator Fahy, for 

10    bringing this important resolution to the Senate 

11    floor and for your continued advocacy for cystic 

12    fibrosis.  

13                 I know many of today's guests will 

14    also be at this Saturday's Great Strides event in 

15    Albany, at UAlbany's purple path 5K, which is a 

16    fun day and fundraising event.  

17                 Our guests today are unique and 

18    special in their advocacy.  Emilie McHale is the 

19    2025 Outstanding Advocate award winner, and she 

20    is joined by her 9-year-old son and mighty 

21    warrior who we just met, Kellen McHale; as well 

22    as Kellen's number-one fan and Grampion, 

23    Tim McHale of Brunswick, in my district; 

24    Francie Gransbury, a cystic fibrosis coordinator 

25    and RN at Albany Medical Center; as well as 


                                                               5999

 1    Grampion Janet Schuster.  

 2                 Mr. President, I'd ask that you 

 3    recognize them and offer them all the privileges 

 4    of the house.

 5                 ACTING PRESIDENT BAILEY:   Thank 

 6    you, Senator Ashby.  

 7                 To the McHale family, and especially 

 8    Kellen, Lynnwood's finest, we thank you for your 

 9    strength, your resilience, your resolve, and 

10    being here today.  It's really important that 

11    you're here.  

12                 I welcome you on behalf of the 

13    Senate and extend to you all of the privileges 

14    and courtesies of this house.  

15                 Please rise and be recognized.

16                 (Standing ovation.)

17                 ACTING PRESIDENT BAILEY:   The 

18    resolution was adopted on May 12th.

19                 Senator Serrano.  

20                 SENATOR SERRANO:   Mr. President, at 

21    this time we'll stand at ease.

22                 ACTING PRESIDENT BAILEY:   The 

23    Senate will stand at ease.

24                 (Whereupon, the Senate stood at ease 

25    at 1:19 p.m.)


                                                               6000

 1                 (Whereupon, the Senate reconvened at 

 2    1:24 p.m.)

 3                 ACTING PRESIDENT BAILEY:   The 

 4    Senate will return to order.  

 5                 Senator Gianaris.

 6                 SENATOR GIANARIS:   Mr. President, I 

 7    have a motion here.  

 8                 On behalf of Senator May, I wish to 

 9    call up Senate Print 2708A, recalled from the 

10    Assembly, which is now at the desk. 

11                 ACTING PRESIDENT BAILEY:   The 

12    Secretary will read.

13                 THE SECRETARY:   Calendar Number 

14    454, Senate Print 2708A, by Senator May, an act 

15    to amend the Public Service Law.

16                 SENATOR GIANARIS:   Move to 

17    reconsider the vote by which the bill was passed.

18                 ACTING PRESIDENT BAILEY:   Call the 

19    roll on reconsideration.  

20                 (The Secretary called the roll.)

21                 THE SECRETARY:   Ayes, 58.

22                 ACTING PRESIDENT BAILEY:   The bill 

23    is restored to its place on the Third Reading 

24    Calendar.

25                 SENATOR GIANARIS:   I offer the 


                                                               6001

 1    following amendments.

 2                 ACTING PRESIDENT BAILEY:   The 

 3    amendments are received.

 4                 SENATOR GIANARIS:   Please call on 

 5    Senator Lanza for a motion.

 6                 ACTING PRESIDENT BAILEY:   Senator 

 7    Lanza.

 8                 SENATOR LANZA:   Mr. President, I 

 9    wish to call up Senator Stec's bill, 8454, 

10    recalled from the Assembly, which is now at the 

11    desk.

12                 ACTING PRESIDENT BAILEY:   The 

13    Secretary will read.

14                 THE SECRETARY:   Calendar Number 

15    1066, Senate Print 8454, by Senator Stec, an act 

16    to amend the Public Officers Law.

17                 SENATOR LANZA:   Move to reconsider 

18    the vote by which the bill was passed.

19                 ACTING PRESIDENT BAILEY:   Call the 

20    roll on reconsideration.

21                 (The Secretary called the roll.)

22                 THE SECRETARY:   Ayes, 58.

23                 ACTING PRESIDENT BAILEY:   The bill 

24    is restored to its place on the Third Reading 

25    Calendar.


                                                               6002

 1                 SENATOR LANZA:   I now offer the 

 2    following amendments.

 3                 ACTING PRESIDENT BAILEY:   The 

 4    amendments are received.

 5                 Senator Gianaris.  

 6                 SENATOR GIANARIS:   There's a report 

 7    of the Rules Committee at the desk.  

 8                 Let's take that up.

 9                 ACTING PRESIDENT BAILEY:   The 

10    Secretary will read.

11                 THE SECRETARY:   Senator 

12    Stewart-Cousins, from the Committee on Rules, 

13    reports the following bills:

14                 Senate Print 247, by 

15    Senator Persaud, an act to amend the 

16    Education Law;

17                 Senate Print 519, by 

18    Senator Persaud, an act to amend the 

19    Education Law;

20                 Senate Print 687, by 

21    Senator Martinez, an act to amend the 

22    Education Law; 

23                 Senate Print 704A, by 

24    Senator Krueger, an act to amend the 

25    General Business Law;


                                                               6003

 1                 Senate Print 1063, by 

 2    Senator Serrano, an act to amend the 

 3    Education Law; 

 4                 Senate Print 1072A, by 

 5    Senator Serrano, an act to amend the 

 6    Education Law; 

 7                 Senate Print 1157, by 

 8    Senator Cooney, an act to amend the 

 9    Private Housing Finance Law; 

10                 Senate Print 1162A, by 

11    Senator Krueger, an act to amend the 

12    General Business Law;

13                 Senate Print 1242A, by 

14    Senator Addabbo, an act to amend the 

15    Veterans' Services Law; 

16                 Senate Print 1366, by 

17    Senator Serrano, an act to amend the 

18    Mental Hygiene Law; 

19                 Senate Print 1378A, by 

20    Senator Serrano, an act to amend the 

21    Arts and Cultural Affairs Law; 

22                 Senate Print 1476B, by 

23    Senator Krueger, an act to amend the 

24    Public Health Law;

25                 Senate Print 1578B, by 


                                                               6004

 1    Senator Sanders, an act to amend the 

 2    Public Health Law;

 3                 Senate Print 1809, by 

 4    Senator Fernandez, an act to amend the 

 5    Election Law;

 6                 Senate Print 2046, by Senator Webb, 

 7    an act to amend the Education Law;

 8                 Senate Print 3051B, by 

 9    Senator Harckham, an act to amend the 

10    Mental Hygiene Law; 

11                 Senate Print 3334, by Senator Liu, 

12    an act to amend the Education Law; 

13                 Senate Print 3340, by 

14    Senator Gianaris, an act to amend the Tax Law; 

15                 Senate Print 4430, by 

16    Senator Comrie, an act to amend the 

17    Public Service Law; 

18                 Senate Print 4462B, by 

19    Senator Mayer, an act to amend the 

20    Social Services Law; 

21                 Senate Print 4707B, by 

22    Senator Stavisky, an act to amend the 

23    Education Law; 

24                 Senate Print 4917B, by 

25    Senator Scarcella-Spanton, an act to amend the 


                                                               6005

 1    Insurance Law; 

 2                 Senate Print 5189, by 

 3    Senator Comrie, an act to amend the 

 4    Public Authorities Law; 

 5                 Senate Print 5228A, by 

 6    Senator Bailey, an act to amend the 

 7    Executive Law; 

 8                 Senate Print 5494A, by 

 9    Senator Bynoe, an act to amend the Education Law; 

10                 Senate Print 6017, by 

11    Senator Baskin, an act to amend the New York 

12    State Urban Development Corporation Act; 

13                 Senate Print 6019, by 

14    Senator Baskin, an act to repeal paragraph 2 of 

15    subsection (e-1) of Section 606 of the Tax Law; 

16                 Senate Print 6551A, by 

17    Senator Bailey, an act to amend the 

18    Insurance Law; 

19                 Senate Print 6832, by Senator Webb, 

20    an act to amend the Military Law; 

21                 Senate Print 6976B, by 

22    Senator Harckham, an act to amend the 

23    Transportation Law; 

24                 Senate Print 7032, by 

25    Senator SepĂșlveda, an act to amend the 


                                                               6006

 1    Vehicle and Traffic Law;

 2                 Senate Print 7280, by 

 3    Senator Martinez, an act to amend the 

 4    Insurance Law; 

 5                 Senate Print 7494A, by 

 6    Senator Gianaris, an act to amend the 

 7    General Business Law; 

 8                 Senate Print 7605A, by 

 9    Senator Mattera, an act to amend Chapter 19 of 

10    the Laws of 1964; 

11                 Senate Print 7701, by 

12    Senator Stavisky, an act to amend the Tax Law;

13                 Senate Print 7717A, by 

14    Senator Cooney, an act to amend the 

15    General Business Law; 

16                 Senate Print 7720, by 

17    Senator Gallivan, an act to amend the Vehicle and 

18    Traffic Law; 

19                 Senate Print 7951B, by 

20    Senator Mayer, an act to amend the 

21    State Finance Law; 

22                 Senate Print 7984A, by 

23    Senator Fernandez, an act to amend the 

24    Social Services Law; 

25                 Senate Print 8201A, by 


                                                               6007

 1    Senator Martins, an act to amend Chapter 280 of 

 2    the Laws of 2016; 

 3                 Senate Print 8252C, by 

 4    Senator Gianaris, an act to amend the 

 5    General Business Law; 

 6                 Senate Print 8353, by 

 7    Senator Salazar, an act to amend the 

 8    Correction Law; 

 9                 Senate Print 8363A, by 

10    Senator Fernandez, an act to amend the 

11    Mental Hygiene Law; 

12                 Senate Print 8457, by 

13    Senator Cooney, an act to amend the 

14    Insurance Law; 

15                 Senate Print 8541, by Senator Webb, 

16    an act to amend the Social Services Law;

17                 Senate Print 8580A, by 

18    Senator Skoufis, an act to amend the 

19    General Business Law;

20                 Senate Print 8587A, by 

21    Senator Gounardes, an act to amend the 

22    Public Health Law; 

23                 Senate Print 8592A, by 

24    Senator Sutton, an act to amend the 

25    Insurance Law; 


                                                               6008

 1                 Senate Print 8598A, by 

 2    Senator Ramos, an act to amend the 

 3    General Business Law; 

 4                 Senate Print 8637, by 

 5    Senator Fernandez, an act to amend the 

 6    State Finance Law; 

 7                 Senate Print 8701A, by 

 8    Senator Hinchey, an act to amend the 

 9    Agriculture and Markets Law; 

10                 Senate Print 8706B, by 

11    Senator Hinchey, an act to amend the Labor Law; 

12                 Senate Print 8837, by 

13    Senator Hinchey, an act to amend the 

14    General Municipal Law; 

15                 Senate Print 8850A, by 

16    Senator Gounardes, an act to amend the 

17    General Business Law; 

18                 Senate Print 8969B, by 

19    Senator Bailey, an act to amend the 

20    Insurance Law;

21                 Senate Print 9021, by 

22    Senator Harckham, an act to amend the 

23    Civil Rights Law;

24                 Senate Print 9024, by 

25    Senator Gianaris, an act to amend the 


                                                               6009

 1    Election Law; 

 2                 Senate Print 9041, by 

 3    Senator Hinchey, an act to amend Chapter 443 

 4    of the Laws of 2006; 

 5                 Senate Print 9058, by Senator Weber, 

 6    an act to amend the Real Property Tax Law;

 7                 Senate Print 9059, by Senator Weber, 

 8    an act to amend the Real Property Tax Law; 

 9                 Senate Print 9060, by Senator Weber, 

10    an act to amend the Real Property Tax Law;

11                 Senate Print 9063A, by 

12    Senator Addabbo, an act to amend the 

13    Mental Hygiene Law; 

14                 Senate Print 9115A, by 

15    Senator Harckham, an act to amend the 

16    Environmental Conservation Law; 

17                 Senate Print 9199, by Senator 

18    Scarcella-Spanton, an act to amend the 

19    Public Service Law; 

20                 Senate Print 9276, by 

21    Senator SepĂșlveda, an act to amend the 

22    Retirement and Social Security Law; 

23                 Senate Print 9278A, by 

24    Senator Fernandez, an act to amend the 

25    State Finance Law; 


                                                               6010

 1                 Senate Print 9305, by Senator May, 

 2    an act to amend Chapter 62 of the Laws of 2003; 

 3                 Senate Print 9310, by 

 4    Senator Brisport, an act to amend the 

 5    Limited Liability Company Law;

 6                 Senate Print 9330, by Senator Ramos, 

 7    an act to amend the Labor Law; 

 8                 Senate Print 9349, by 

 9    Senator Zellner, an act to amend the 

10    Insurance Law; 

11                 Senate Print 9370, by 

12    Senator Comrie, an act to amend the 

13    State Finance Law; 

14                 Senate Print 9419, by 

15    Senator Addabbo, an act to amend the 

16    Vehicle and Traffic Law; 

17                 Senate Print 9498, by Senator Mayer, 

18    an act to amend the Social Services Law;

19                 Senate Print 9541, by 

20    Senator Skoufis, an act to amend the 

21    Real Property Tax Law; 

22                 Senate Print 9555A, by 

23    Senator Skoufis, an act to amend the 

24    Public Health Law; 

25                 Senate Print 9604, by 


                                                               6011

 1    Senator Hinchey, an act to amend the 

 2    Public Health Law; 

 3                 Senate Print 9629, by 

 4    Senator Bottcher, an act to amend the Penal Law; 

 5                 Senate Print 9643, by Senator Liu, 

 6    an act to amend the State Technology Law; 

 7                 Senate Print 9657, by Senator Bynoe, 

 8    an act to amend the Criminal Procedure Law; 

 9                 Senate Print 9679, by 

10    Senator Baskin, an act to amend the 

11    Private Housing Finance Law; 

12                 Senate Print 9728, by Senator Brouk, 

13    an act to amend the Social Services Law;

14                 Senate Print 9815, by 

15    Senator Krueger, an act to amend the 

16    Insurance Law; 

17                 Senate Print 9820A, by 

18    Senator Borrello, an act in relation to 

19    authorizing the City of Olean assessor to accept 

20    an application for a real property tax exemption; 

21                 Senate Print 9858A, by 

22    Senator Hinchey, an act to amend the Penal Law; 

23                 Senate Print 9880, by 

24    Senator Cleare, an act to amend the 

25    Social Services Law;


                                                               6012

 1                 Senate Print 9887, by Senator Webb, 

 2    an act to amend the Executive Law;

 3                 Senate Print 9889, by 

 4    Senator Zellner, an act to amend the 

 5    Private Housing Finance Law; 

 6                 Senate Print 9897, by 

 7    Senator Zellner, an act to amend the 

 8    Public Health Law; 

 9                 Senate Print 9900, by 

10    Senator Martinez, an act to amend Chapter 581 of 

11    the Laws of 2005; 

12                 Senate Print 9901, by Senator Ryan, 

13    an act to amend Chapter 492 of the Laws of 1993; 

14                 Senate Print 9902, by Senator Ryan, 

15    an act to amend Chapter 629 of the Laws of 2005; 

16                 Senate Print 9903, by 

17    Senator Martinez, an act to amend Chapter 307 of 

18    the Laws of 2005; 

19                 Senate Print 9919, by 

20    Senator Borrello, an act to amend the Town Law;

21                 Senate Print 9989, by 

22    Senator Weber, an act authorizing Tovas Dovid 

23    Community Kollel, Inc., to receive retroactive 

24    real property tax-exempt status;

25                 Senate Print 10066, by 


                                                               6013

 1    Senator Stavisky, an act to amend Chapter 534 of 

 2    the Laws of 1993; 

 3                 Senate Print 10118, by 

 4    Senator Murray, an act to amend the Town Law; 

 5                 Senate Print 10134, by 

 6    Senator Weber, an act authorizing the 

 7    Congregation Divrei Chaim to receive retroactive 

 8    real property tax-exempt status; 

 9                 Senate Print 10227, by 

10    Senator Cooney, an act to amend the 

11    Executive Law; 

12                 Senate Print 10273, by 

13    Senator Gounardes, an act to amend the 

14    Real Property Tax Law; 

15                 Senate Print 10411, by 

16    Senator Harckham, an act to amend Chapter 550 of 

17    the Laws of 2013; 

18                 Senate Print 10431, by 

19    Senator Bottcher, an act to amend the 

20    Local Finance Law; 

21                 Senate Print 10432, by 

22    Senator Martinez, an act to amend Chapter 130 of 

23    the Laws of 1998; 

24                 Senate Print 10438, by Senator Ryan, 

25    an act to amend the Penal Law;


                                                               6014

 1                 Senate Print 10445, by 

 2    Senator Gianaris, an act to amend the 

 3    Education Law; 

 4                 Senate Print 10467, by 

 5    Senator Bottcher, an act to amend the 

 6    Education Law; 

 7                 Senate Print 10525, by 

 8    Senator Serrano, an act to amend Chapter 138 of 

 9    the Laws of 1998; 

10                 Senate Print 10531, by 

11    Senator Skoufis, an act to amend Chapter 435 of 

12    the Laws of 2014; 

13                 Senate Print 10542, by Senator Fahy, 

14    an act to amend Chapter 141 of the Laws of 2014;

15                 Senate Print 10566, by 

16    Senator Martinez, an act to amend the 

17    Environmental Conservation Law.  

18                 All bills reported direct to third 

19    reading.

20                 SENATOR GIANARIS:   Move to accept 

21    the report of the Rules Committee.

22                 ACTING PRESIDENT PERSAUD:   All 

23    those in favor of accepting the report of the 

24    Rules Committee please signify by saying aye.

25                 (Response of "Aye.")


                                                               6015

 1                 ACTING PRESIDENT PERSAUD:   Opposed, 

 2    nay.

 3                 (No response.)

 4                 ACTING PRESIDENT PERSAUD:   The 

 5    report of the Rules Committee is accepted.  

 6                 Senator Gianaris.  

 7                 SENATOR GIANARIS:   Let's take up 

 8    the calendar, Madam President.

 9                 ACTING PRESIDENT PERSAUD:   The 

10    Secretary will read.

11                 THE SECRETARY:   Calendar Number 

12    214, Senate Print 1783C, by Senator Hinchey, an 

13    act to amend the Agriculture and Markets Law.

14                 ACTING PRESIDENT PERSAUD:   Read the 

15    last section.  

16                 THE SECRETARY:   Section 2.  This 

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

18    shall have become a law.

19                 ACTING PRESIDENT PERSAUD:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT PERSAUD:   Announce 

23    the results.

24                 THE SECRETARY:   In relation to 

25    Calendar 214, voting in the negative are 


                                                               6016

 1    Senators Ashby, Borrello, Canzoneri-Fitzpatrick, 

 2    Chan, Gallivan, Griffo, Helming, Martins, Ortt, 

 3    Palumbo, Rhoads, Rolison, Stec, Tedisco, Walczyk, 

 4    Weber and Weik.

 5                 Ayes, 41.  Nays, 17.

 6                 ACTING PRESIDENT PERSAUD:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    225, Senate Print Number 8968A, by 

10    Senator Scarcella-Spanton, an act to amend 

11    the Mental Hygiene Law.

12                 ACTING PRESIDENT PERSAUD:   Read the 

13    last section.

14                 THE SECRETARY:   Section 2.  This 

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

16    shall have become a law.

17                 ACTING PRESIDENT PERSAUD:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT PERSAUD:   Senator 

21    Scarcella-Spanton to explain her vote.

22                 SENATOR SCARCELLA-SPANTON:   Thank 

23    you, Madam President.  

24                 My legislation establishes a 

25    veterans' suicide mortality review board.  


                                                               6017

 1    New York should treat veteran suicide as a public 

 2    health emergency and create permanent, 

 3    data-driven review boards to identify preventable 

 4    failures, improve coordination and save lives.  

 5                 We've all heard the rallying cry 

 6    that 22 veterans a day are dying of suicide.  We 

 7    see that these rates are extremely younger 

 8    veterans, whether it be PTSD, CTE.  This is not 

 9    about assigning blame, but this bill will allow 

10    us to address this through policy that actually 

11    helps our veterans.  

12                 With that, I proudly vote aye.

13                 Thank you.

14                 ACTING PRESIDENT PERSAUD:   Senator 

15    Scarcella-Spanton to be recorded in the 

16    affirmative.

17                 Announce the results.

18                 THE SECRETARY:   Ayes, 58.

19                 ACTING PRESIDENT PERSAUD:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    229, Assembly Bill Number 8447A, by 

23    Assemblymember Seawright, an act to amend the 

24    Elder Law.

25                 ACTING PRESIDENT PERSAUD:   Read the 


                                                               6018

 1    last section.

 2                 THE SECRETARY:   Section 2.  This 

 3    act shall take effect immediately.  

 4                 ACTING PRESIDENT PERSAUD:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT PERSAUD:   Announce 

 8    the results.

 9                 THE SECRETARY:   Ayes, 58.

10                 ACTING PRESIDENT PERSAUD:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    238, Senate Print 7131B, by Senator May, an act 

14    to amend the Executive Law.  

15                 ACTING PRESIDENT PERSAUD:   Read the 

16    last section.

17                 THE SECRETARY:   Section 3.  This 

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

19    shall have become a law.

20                 ACTING PRESIDENT PERSAUD:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT PERSAUD:   Announce 

24    the results.

25                 THE SECRETARY:   In relation to 


                                                               6019

 1    Calendar 238, voting in the negative are 

 2    Senators Ashby, Borrello, Canzoneri-Fitzpatrick, 

 3    Chan, Helming, Martins, Mattera, Murray, Ortt, 

 4    Rhoads, Stec, Tedisco, Walczyk and Weber.  

 5                 Ayes, 44.  Nays, 14.

 6                 ACTING PRESIDENT PERSAUD:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    249, Senate Print 5003B, by Senator Hinchey, an 

10    act to amend the Public Authorities Law.

11                 ACTING PRESIDENT PERSAUD:   Read the 

12    last section.

13                 THE SECRETARY:   Section 3.  This 

14    act shall take effect immediately.  

15                 ACTING PRESIDENT PERSAUD:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT PERSAUD:   Announce 

19    the results.

20                 THE SECRETARY:   Ayes, 58.

21                 ACTING PRESIDENT PERSAUD:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    259, Senate Print 1723, by Senator Harckham, an 

25    act to amend the Executive Law.


                                                               6020

 1                 ACTING PRESIDENT PERSAUD:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 2.  This 

 4    act shall take effect immediately.

 5                 ACTING PRESIDENT PERSAUD:   Call the 

 6    roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT PERSAUD:   Announce 

 9    the results.

10                 THE SECRETARY:   Ayes, 58.

11                 ACTING PRESIDENT PERSAUD:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 

14    299, Senate Print 5049A, by Senator Bailey, an 

15    act to amend the Insurance Law.

16                 ACTING PRESIDENT PERSAUD:   Read the 

17    last section.

18                 THE SECRETARY:   Section 2.  This 

19    act shall take effect immediately.

20                 ACTING PRESIDENT PERSAUD:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT PERSAUD:   Announce 

24    the results.

25                 THE SECRETARY:   Ayes, 58.


                                                               6021

 1                 ACTING PRESIDENT PERSAUD:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    305, Senate Print 5939C, by Senator Skoufis, an 

 5    act to amend the Public Health Law.

 6                 SENATOR LANZA:   Lay it aside.

 7                 ACTING PRESIDENT PERSAUD:   Lay it 

 8    aside.  

 9                 THE SECRETARY:   Calendar Number 

10    349, Senate Print 8555, by Senator Palumbo, an 

11    act to amend Chapter 282 of the Laws of 2003.

12                 ACTING PRESIDENT PERSAUD:   Read the 

13    last section.

14                 THE SECRETARY:   Section 2.  This 

15    act shall take effect immediately.  

16                 ACTING PRESIDENT PERSAUD:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT PERSAUD:   Announce 

20    the results.

21                 THE SECRETARY:   In relation to 

22    Calendar 349, voting in the negative are 

23    Senators Canzoneri-Fitzpatrick, Harckham, Lanza, 

24    Martinez, Ryan, Scarcella-Spanton and Skoufis.

25                 Ayes, 51.  Nays, 7.


                                                               6022

 1                 ACTING PRESIDENT PERSAUD:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    392, Senate Print 3207B, by Senator Kavanagh, an 

 5    act to amend the Public Health Law.

 6                 ACTING PRESIDENT PERSAUD:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 2.  This 

 9    act shall take effect one year after it shall 

10    have become a law.

11                 ACTING PRESIDENT PERSAUD:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT PERSAUD:   Announce 

15    the results.

16                 THE SECRETARY:   Ayes, 58.

17                 ACTING PRESIDENT PERSAUD:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    404, Senate Print 4099, by Senator Parker, an act 

21    to amend the Administrative Code of the City of 

22    New York.

23                 ACTING PRESIDENT PERSAUD:   Read the 

24    last section.

25                 THE SECRETARY:   Section 5.  This 


                                                               6023

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

 2    shall have become a law.

 3                 ACTING PRESIDENT PERSAUD:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT PERSAUD:   Announce 

 7    the results.

 8                 THE SECRETARY:   In relation to 

 9    Calendar 404, voting in the negative are 

10    Senators Borrello, Canzoneri-Fitzpatrick, Chan, 

11    Gallivan, Griffo, Helming, Lanza, Martins, 

12    Mattera, Murray, Ortt, Palumbo, Rhoads, Rolison, 

13    Stec, Tedisco, Walczyk, Weber and Weik.

14                 Ayes, 39.  Nays, 19.

15                 ACTING PRESIDENT PERSAUD:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    414, Senate Print 5257C, by Senator Hinchey, an 

19    act to amend the General Business Law.

20                 ACTING PRESIDENT BAILEY:   Read the 

21    last section.

22                 THE SECRETARY:   Section 4.  This 

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

24    shall have become a law.

25                 ACTING PRESIDENT BAILEY:   Call the 


                                                               6024

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT BAILEY:   Announce 

 4    the results.

 5                 THE SECRETARY:   Ayes, 58.

 6                 ACTING PRESIDENT BAILEY:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    425, Assembly Bill Number 6666A, by 

10    Assemblymember Kelles, an act to amend the 

11    Correction Law.

12                 ACTING PRESIDENT BAILEY:   Read the 

13    last section.

14                 THE SECRETARY:   Section 2.  This 

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

16    shall have become a law.

17                 ACTING PRESIDENT BAILEY:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT BAILEY:   Senator 

21    Stec to explain his vote.

22                 SENATOR STEC:   Thank you, 

23    Mr. President.

24                 This bill would require DOCCS to 

25    make facility water-testing results accessible to 


                                                               6025

 1    the public, to our staff, and to the 

 2    incarcerated.  It's transparency, and that's a 

 3    good thing, and I'll be voting in favor.

 4                 However, it strikes me that what 

 5    we're doing here, we're doing nothing to prevent 

 6    fentanyl and other drugs and contraband from 

 7    coming into our facilities.  It seems that we're 

 8    more concerned about water quality for rapists 

 9    and child molesters and murderers than we are 

10    about preventing deadly drugs and contraband from 

11    coming into our facilities.  

12                 I just thought I'd highlight that as 

13    we continue to do nothing in our correctional 

14    facilities for our employees that worked there 

15    and are risking their lives for us.

16                 ACTING PRESIDENT BAILEY:   Senator 

17    Stec to be recorded in the affirmative.

18                 Announce the results.

19                 THE SECRETARY:   Ayes, 58.

20                 ACTING PRESIDENT BAILEY:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    465, Senate Print 4152A, by Senator Sanders, an 

24    act to amend the Executive Law.

25                 ACTING PRESIDENT BAILEY:   Read the 


                                                               6026

 1    last section.

 2                 THE SECRETARY:   Section 2.  This 

 3    act shall take effect immediately.  

 4                 ACTING PRESIDENT BAILEY:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT BAILEY:   Announce 

 8    the results.

 9                 THE SECRETARY:   Ayes, 58.

10                 ACTING PRESIDENT BAILEY:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    490, Assembly Bill Number 582A, by 

14    Assemblymember Steck, an act to amend the 

15    Elder Law.

16                 ACTING PRESIDENT BAILEY:   Read the 

17    last section.

18                 THE SECRETARY:   Section 2.  This 

19    act shall take effect one year after it shall 

20    have become a law.

21                 ACTING PRESIDENT BAILEY:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT BAILEY:   Announce 

25    the results.


                                                               6027

 1                 THE SECRETARY:   Ayes, 58.

 2                 ACTING PRESIDENT BAILEY:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    514, Senate Print 1784A, by Senator Hinchey, an 

 6    act to amend the Real Property Actions and 

 7    Proceedings Law.

 8                 ACTING PRESIDENT BAILEY:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 3.  This 

11    act shall take effect immediately.  

12                 ACTING PRESIDENT BAILEY:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT BAILEY:   Announce 

16    the results.

17                 THE SECRETARY:   Ayes, 58.

18                 ACTING PRESIDENT BAILEY:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    538, Senate Print 5067B, by Senator SepĂșlveda, an 

22    act to amend the Education Law.

23                 ACTING PRESIDENT BAILEY:   Read the 

24    last section.

25                 THE SECRETARY:   Section 33.  This 


                                                               6028

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

 2    shall have become a law.

 3                 ACTING PRESIDENT BAILEY:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT BAILEY:   Announce 

 7    the results.

 8                 THE SECRETARY:   In relation to 

 9    Calendar 538, voting in the negative:  

10    Senators Skoufis and Walczyk.

11                 Ayes, 56.  Nays, 2.

12                 ACTING PRESIDENT BAILEY:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    553, Senate Print 1009, by Senator Brouk, an act 

16    to amend the Veterans' Services Law.

17                 ACTING PRESIDENT BAILEY:   Read the 

18    last section.

19                 THE SECRETARY:   Section 3.  This 

20    act shall take effect immediately.

21                 ACTING PRESIDENT BAILEY:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT BAILEY:   Announce 

25    the results.


                                                               6029

 1                 THE SECRETARY:   Ayes, 58.

 2                 ACTING PRESIDENT BAILEY:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    573, Assembly Bill Number 3029A, by 

 6    Assemblymember Kelles, an act to amend the 

 7    Executive Law.

 8                 ACTING PRESIDENT BAILEY:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 2.  This 

11    act shall take effect immediately.

12                 ACTING PRESIDENT BAILEY:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT BAILEY:   Announce 

16    the results.

17                 THE SECRETARY:   Ayes, 58.

18                 ACTING PRESIDENT BAILEY:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    584, Senate Print 4945, by Senator Comrie, an act 

22    to amend the Public Authorities Law.

23                 ACTING PRESIDENT BAILEY:   Read the 

24    last section.

25                 THE SECRETARY:   Section 3.  This 


                                                               6030

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

 2    shall have become a law.

 3                 ACTING PRESIDENT BAILEY:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT BAILEY:   Announce 

 7    the results.

 8                 THE SECRETARY:   Ayes, 58.

 9                 ACTING PRESIDENT BAILEY:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    590, Senate Print 614B, by Senator Rivera, an act 

13    to amend the Correction Law.

14                 ACTING PRESIDENT BAILEY:   Read the 

15    last section.

16                 THE SECRETARY:   Section 5.  This 

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

18    shall have become a law.

19                 ACTING PRESIDENT BAILEY:   Call the 

20    roll.

21                 (The Secretary called the roll.)  

22                 ACTING PRESIDENT BAILEY:   Announce 

23    the results.  

24                 THE SECRETARY:   In relation to 

25    Calendar 590, voting in the negative are 


                                                               6031

 1    Senators Borrello, Chan, Gallivan, Griffo, 

 2    Helming, Lanza, Mattera, Ortt, Palumbo, Rhoads, 

 3    Stec, Tedisco, Walczyk, Weber and Weik.

 4                 Ayes, 43.  Nays, 15.

 5                 ACTING PRESIDENT BAILEY:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    597, Senate Print 2666B, by Senator Salazar, an 

 9    act to amend the Correction Law.

10                 ACTING PRESIDENT BAILEY:   Read the 

11    last section.

12                 THE SECRETARY:   Section 2.  This 

13    act shall take effect immediately.

14                 ACTING PRESIDENT BAILEY:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT BAILEY:   Announce 

18    the results.

19                 THE SECRETARY:   In relation to 

20    Calendar 597, voting in the negative are 

21    Senators Chan, Gallivan, Griffo, Ortt, Stec, 

22    Tedisco, Walczyk and Weik.

23                 Ayes, 50.  Nays, 8.

24                 ACTING PRESIDENT BAILEY:   The bill 

25    is passed.


                                                               6032

 1                 THE SECRETARY:   Calendar Number 

 2    670, Senate Print 9409A, by Senator Martinez, an 

 3    act authorizing the Commissioner of 

 4    Transportation to extend the lease of certain 

 5    state lands located in the hamlet of Farmingdale.

 6                 SENATOR LANZA:   Lay it aside.

 7                 ACTING PRESIDENT BAILEY:   Lay it 

 8    aside.

 9                 THE SECRETARY:   Calendar Number 

10    687, Assembly Bill Number 5592A, by 

11    Assemblymember Lucas, an act to direct the 

12    Department of State and Public Service Commission 

13    to jointly study and report upon the provision to 

14    consumer reporting agencies.

15                 ACTING PRESIDENT BAILEY:   Read the 

16    last section.

17                 THE SECRETARY:   Section 2.  This 

18    act shall take effect immediately.  

19                 ACTING PRESIDENT BAILEY:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT BAILEY:   Announce 

23    the results.

24                 THE SECRETARY:   In relation to 

25    Calendar Number 687, voting in the negative are 


                                                               6033

 1    Senators Gallivan, Martins and Ortt.  

 2                 Ayes, 55.  Nays, 3.

 3                 ACTING PRESIDENT BAILEY:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    698, Senate Print 8512C, by Senator Krueger, an 

 7    act to amend the Public Service Law.

 8                 SENATOR LANZA:   Lay it aside.

 9                 ACTING PRESIDENT BAILEY:   Lay it 

10    aside.

11                 THE SECRETARY:   Calendar Number 

12    716, Senate Print 8732, by Senator Fahy, an act 

13    to amend the Public Officers Law.

14                 ACTING PRESIDENT BAILEY:   Read the 

15    last section.

16                 THE SECRETARY:   Section 2.  This 

17    act shall take effect immediately.  

18                 ACTING PRESIDENT BAILEY:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT BAILEY:   Announce 

22    the results.

23                 THE SECRETARY:   In relation to 

24    Calendar 716, voting in the negative:  

25    Senator Brisport.


                                                               6034

 1                 Ayes, 57.  Nays, 1.

 2                 ACTING PRESIDENT BAILEY:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    720, Assembly Bill Number 10405, by 

 6    Assemblymember Jacobson, an act to amend the 

 7    Public Officers Law.

 8                 ACTING PRESIDENT BAILEY:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 2.  This 

11    act shall take effect immediately.

12                 ACTING PRESIDENT BAILEY:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT BAILEY:   Announce 

16    the results.

17                 THE SECRETARY:   In relation to 

18    Calendar 720, voting in the negative:  

19    Senator Brisport.

20                 Ayes, 57.  Nays, 1.

21                 ACTING PRESIDENT BAILEY:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    723, Assembly Bill Number 659, by 

25    Assemblymember Rosenthal, an act to amend the 


                                                               6035

 1    Real Property Tax Law.

 2                 ACTING PRESIDENT BAILEY:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 3.  This 

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

 6    shall have become a law.

 7                 ACTING PRESIDENT BAILEY:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT BAILEY:   Announce 

11    the results.

12                 THE SECRETARY:   In relation to 

13    Calendar 723, voting in the negative are 

14    Senators Ashby, Borrello, Canzoneri-Fitzpatrick, 

15    Chan, Gallivan, Griffo, Helming, Lanza, Martins, 

16    Mattera, Murray, Ortt, Palumbo, Rhoads, Rolison, 

17    Skoufis, Stec, Tedisco, Walczyk, Weber and Weik. 

18                 Ayes, 37.  Nays, 21.

19                 ACTING PRESIDENT BAILEY:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    754, Assembly Bill Number 8047B, by 

23    Assemblymember Rajkumar, an act to amend the 

24    Court of Claims Act. 

25                 ACTING PRESIDENT BAILEY:   Read the 


                                                               6036

 1    last section.

 2                 THE SECRETARY:   Section 3.  This 

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

 4    shall have become a law.

 5                 ACTING PRESIDENT BAILEY:   Call the 

 6    roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT BAILEY:   Announce 

 9    the results.

10                 THE SECRETARY:   Ayes, 58.

11                 ACTING PRESIDENT BAILEY:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 

14    764, Senate Print 8962, by Senator Rhoads, an act 

15    in relation to authorizing the Telugu Literary 

16    and Cultural Association to receive retroactive 

17    real property tax-exempt status.

18                 ACTING PRESIDENT BAILEY:   Read the 

19    last section.

20                 THE SECRETARY:   Section 2.  This 

21    act shall take effect immediately.  

22                 ACTING PRESIDENT BAILEY:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT BAILEY:   Announce 


                                                               6037

 1    the results.

 2                 THE SECRETARY:   In relation to 

 3    Calendar 764, voting in the negative:  

 4    Senator Skoufis.  

 5                 Ayes, 57.  Nays, 1.

 6                 ACTING PRESIDENT BAILEY:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    769, Assembly Bill Number 6001A, by 

10    Assemblymember Schiavoni, an act in relation to 

11    the issuance of pool and health memberships to 

12    disabled veterans.

13                 ACTING PRESIDENT BAILEY:   Read the 

14    last section.  

15                 THE SECRETARY:   Section 3.  This 

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

17    shall have become a law.

18                 ACTING PRESIDENT BAILEY:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT BAILEY:   Senator 

22    Palumbo to explain his vote.

23                 SENATOR PALUMBO:   Thank you, 

24    Mr. President.  

25                 I just wanted to commend the chair 


                                                               6038

 1    of the Veterans Committee for bringing this bill 

 2    to the floor and making it statewide.  We 

 3    discussed this bill.  They do it in 

 4    Suffolk County for our disabled veterans.  

 5                 Commander Bill Hughes in the 

 6    Westhampton Beach VFW Post brought this to our 

 7    attention, that this should be something we 

 8    should definitely do statewide to assist our 

 9    disabled veterans to use the facilities, use the 

10    pools, use the gym, to assist in their recovery 

11    and overall health.  

12                 So thank you to the chairwoman for 

13    bringing me on as a coprime sponsor as well, and 

14    I proudly vote aye.

15                 ACTING PRESIDENT BAILEY:   Senator 

16    Palumbo to be recorded in the affirmative.

17                 Announce the results.

18                 THE SECRETARY:   Ayes,  58.

19                 ACTING PRESIDENT BAILEY:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    781, Senate Print 7779, by Senator Fernandez, an 

23    act to amend the Vehicle and Traffic Law.

24                 ACTING PRESIDENT BAILEY:   Read the 

25    last section.


                                                               6039

 1                 THE SECRETARY:   Section 3.  This 

 2    act shall take effect immediately.

 3                 ACTING PRESIDENT BAILEY:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT BAILEY:   Senator 

 7    Fernandez to explain her vote.

 8                 SENATOR FERNANDEZ:   Thank you, 

 9    Mr. President.

10                 New York State has a proud tradition 

11    of using distinct license plates to commemorate 

12    the service of our veterans.  We have license 

13    plates for recognizing military branches, 

14    Catholic war veterans, the Gold Star Mothers, and 

15    many others who have served our nation with 

16    honor.

17                 This bill carries that tradition 

18    forward by honoring the 65th Infantry Regiment, 

19    the Borinqueneers, whose legacy was forged by 

20    fire during the Korean War.  Many of the brave 

21    soldiers of this storied military unit settled 

22    here in New York, building lives, raising 

23    families, and continuing their service to our 

24    communities.  

25                 As we continue the evergreen mission 


                                                               6040

 1    of honoring our veterans, this legislation 

 2    provides a meaningful token of appreciation to 

 3    the Borinqueneers and their families.  We have 

 4    seen similar legislation passed in other states, 

 5    and it is time for New York to do so as well, to 

 6    give the Borinqueneers license plate a home.  

 7                 Thank you, and I proudly vote aye.

 8                 ACTING PRESIDENT BAILEY:   Senator 

 9    Fernandez to be recorded in the affirmative.

10                 Announce the results.  

11                 THE SECRETARY:   Ayes, 58.

12                 ACTING PRESIDENT BAILEY:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    792, Senate Print 5452, by Senator Comrie, an act 

16    to amend the Election Law.

17                 ACTING PRESIDENT BAILEY:   Read the 

18    last section.

19                 THE SECRETARY:   Section 2.  This 

20    act shall take effect immediately.  

21                 ACTING PRESIDENT BAILEY:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT BAILEY:   Announce 

25    the results.


                                                               6041

 1                 THE SECRETARY:   In relation to 

 2    Calendar 792, voting in the negative are 

 3    Senators Borrello, Canzoneri-Fitzpatrick, Chan, 

 4    Gallivan, Griffo, Helming, Lanza, Martins, 

 5    Mattera, Murray, Ortt, Rhoads, Rolison, 

 6    Scarcella-Spanton, Stec, Tedisco, Walczyk, Weber 

 7    and Weik.

 8                 Ayes, 39.  Nays, 19.

 9                 ACTING PRESIDENT BAILEY:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    858, Senate Print 680, by Senator Martinez, an 

13    act to amend the Executive Law.

14                 ACTING PRESIDENT BAILEY:   Read the 

15    last section.

16                 THE SECRETARY:   Section 2.  This 

17    act shall take effect immediately.

18                 ACTING PRESIDENT BAILEY:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT BAILEY:   Announce 

22    the results.  

23                 THE SECRETARY:   Ayes, 58.

24                 ACTING PRESIDENT BAILEY:   The bill 

25    is passed.


                                                               6042

 1                 THE SECRETARY:   Calendar Number 

 2    866, Senate Print 6882, by Senator Harckham, an 

 3    act to amend the General Municipal Law.

 4                 SENATOR LANZA:   Lay it aside.

 5                 ACTING PRESIDENT BAILEY:   Lay it 

 6    aside.

 7                 THE SECRETARY:   Calendar Number 

 8    870, Assembly Bill Number 8480, by 

 9    Assemblymember Bronson, an act to amend the 

10    Workers' Compensation Law.

11                 ACTING PRESIDENT BAILEY:   Read the 

12    last section.

13                 THE SECRETARY:   Section 2.  This 

14    act shall take effect immediately.  

15                 ACTING PRESIDENT BAILEY:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT BAILEY:   Announce 

19    the results.  

20                 THE SECRETARY:   In relation to 

21    Calendar 870, voting in the negative:  

22    Senator Borrello.

23                 Ayes, 57.  Nays, 1.

24                 ACTING PRESIDENT BAILEY:   The bill 

25    is passed.


                                                               6043

 1                 THE SECRETARY:   Calendar Number 

 2    874, Senate Print 1280B, by Senator Krueger, an 

 3    act to amend the General Business Law.

 4                 SENATOR LANZA:   Lay it aside.

 5                 ACTING PRESIDENT BAILEY:   Lay it 

 6    aside.

 7                 There is a home-rule message at the 

 8    desk.  

 9                 The Secretary will read.

10                 THE SECRETARY:   Calendar Number 

11    891, Senate Print 8956, by Senator Stec, an act 

12    to amend the Public Housing Law.

13                 ACTING PRESIDENT BAILEY:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT BAILEY:   Announce 

17    the results.

18                 THE SECRETARY:   In relation to 

19    Calendar 891, voting in the negative:  

20    Senator Ryan.

21                 Ayes, 57.  Nays, 1.

22                 ACTING PRESIDENT BAILEY:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 

25    902, Senate Print 9961, by Senator Martinez, an 


                                                               6044

 1    act to amend the Real Property Tax Law.

 2                 ACTING PRESIDENT BAILEY:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 2.  This 

 5    act shall take effect on the first of January.

 6                 ACTING PRESIDENT BAILEY:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT BAILEY:   Announce 

10    the results.

11                 THE SECRETARY:   In relation to 

12    Calendar 902, voting in the negative:  

13    Senator Brisport.

14                 Ayes, 57.  Nays, 1.

15                 ACTING PRESIDENT BAILEY:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    904, Senate Print 10023, by Senator Martinez, an 

19    act to amend the Real Property Tax Law.

20                 ACTING PRESIDENT BAILEY:   Read the 

21    last section.

22                 THE SECRETARY:   Section 4.  This 

23    act shall take effect immediately.  

24                 ACTING PRESIDENT BAILEY:   Call the 

25    roll.


                                                               6045

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT BAILEY:   Announce 

 3    the results.

 4                 THE SECRETARY:   In relation to 

 5    Calendar 904, voting in the negative:  

 6    Senator Skoufis.

 7                 Ayes, 57.  Nays, 1.

 8                 ACTING PRESIDENT BAILEY:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    906, Senate Print 8288A, by Senator Persaud, an 

12    act to amend the Education Law.

13                 ACTING PRESIDENT BAILEY:   Read the 

14    last section.

15                 THE SECRETARY:   Section 2.  This 

16    act shall take effect immediately.

17                 ACTING PRESIDENT BAILEY:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT BAILEY:   Announce 

21    the results.

22                 THE SECRETARY:   Ayes, 58.

23                 ACTING PRESIDENT BAILEY:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               6046

 1    911, Senate Print 10049, by Senator Jackson, an 

 2    act to amend the Education Law.

 3                 ACTING PRESIDENT BAILEY:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 2.  This 

 6    act shall take effect immediately.

 7                 ACTING PRESIDENT BAILEY:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT BAILEY:   Announce 

11    the results.

12                 THE SECRETARY:   Ayes, 58.

13                 ACTING PRESIDENT BAILEY:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    916, Senate Print 9789, by Senator SepĂșlveda, an 

17    act to amend the Uniform City Court Act.

18                 ACTING PRESIDENT BAILEY:   Read the 

19    last section.  

20                 THE SECRETARY:   Section 4.  This 

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

22    shall have become a law.

23                 ACTING PRESIDENT BAILEY:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               6047

 1                 ACTING PRESIDENT BAILEY:   Announce 

 2    the results.

 3                 ACTING PRESIDENT BAILEY:   In 

 4    relation to Calendar 916, voting in the negative 

 5    are Senators Ashby, Canzoneri-Fitzpatrick, Chan, 

 6    Gallivan, Griffo, Helming, Lanza, Martins, 

 7    Mattera, Ortt, Palumbo, Rhoads, Stec, Tedisco, 

 8    Walczyk, Weber and Weik.  Also Senator Borrello.

 9                 Ayes, 40.  Nays, 18.

10                 ACTING PRESIDENT BAILEY:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    927, Senate Print 5134, by Senator Harckham, an 

14    act to amend the Correction Law.

15                 SENATOR LANZA:   Lay it aside.

16                 ACTING PRESIDENT BAILEY:   Lay it 

17    aside.

18                 THE SECRETARY:   Calendar Number 

19    951, Senate Print 10039, by Senator Martinez, an 

20    act to amend the Environmental Conservation Law.

21                 ACTING PRESIDENT BAILEY:   Read the 

22    last section.

23                 THE SECRETARY:   Section 2.  This 

24    act shall take effect immediately.

25                 ACTING PRESIDENT BAILEY:   Call the 


                                                               6048

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT BAILEY:   Announce 

 4    the results.

 5                 THE SECRETARY:   Ayes, 58.

 6                 ACTING PRESIDENT BAILEY:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    966, Senate Print 6020A, by Senator Baskin, an 

10    act to amend the Executive Law.

11                 ACTING PRESIDENT BAILEY:   Read the 

12    last section.

13                 THE SECRETARY:   Section 2.  This 

14    act shall take effect immediately.  

15                 ACTING PRESIDENT BAILEY:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT BAILEY:   Announce 

19    the results.

20                 THE SECRETARY:   Ayes, 58.

21                 ACTING PRESIDENT BAILEY:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    968, Senate Print 1634A, by Senator Rivera, an 

25    act to amend the Insurance Law.


                                                               6049

 1                 SENATOR LANZA:   Lay it aside.

 2                 ACTING PRESIDENT BAILEY:   Lay it 

 3    aside.

 4                 THE SECRETARY:   Calendar Number 

 5    977, Assembly Bill Number 7840A, by 

 6    Assemblymember Weprin, an act to amend the 

 7    Public Health Law.

 8                 ACTING PRESIDENT BAILEY:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 3.  This 

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

12    shall have become a law.

13                 ACTING PRESIDENT BAILEY:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT BAILEY:   Announce 

17    the results.

18                 THE SECRETARY:   Ayes, 58.

19                 ACTING PRESIDENT BAILEY:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    1000, Senate Print 7484A, by Senator Mayer, an 

23    act to amend the Mental Hygiene Law.

24                 ACTING PRESIDENT BAILEY:   Read the 

25    last section.  


                                                               6050

 1                 THE SECRETARY:   Section 2.  This 

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

 3    shall have become a law.

 4                 ACTING PRESIDENT BAILEY:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT BAILEY:   Announce 

 8    the results.

 9                 THE SECRETARY:   Ayes, 58.

10                 ACTING PRESIDENT BAILEY:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    1021, Senate Print 9793, by Senator SepĂșlveda, an 

14    act to repeal Section 470 of the Judiciary Law.

15                 ACTING PRESIDENT BAILEY:   Read the 

16    last section.

17                 THE SECRETARY:   Section 2.  This 

18    act shall take effect immediately.

19                 ACTING PRESIDENT BAILEY:   Call the 

20    roll.  

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT BAILEY:   Announce 

23    the results.

24                 THE SECRETARY:   In relation to 

25    Calendar 1021, voting in the negative are 


                                                               6051

 1    Senators Lanza and Skoufis.

 2                 Ayes, 56.  Nays, 2.

 3                 ACTING PRESIDENT BAILEY:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    1023, Senate Print 2516A, by Senator Gounardes, 

 7    an act to amend the Social Services Law.

 8                 ACTING PRESIDENT BAILEY:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 3.  This 

11    act shall take effect immediately.

12                 ACTING PRESIDENT BAILEY:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT BAILEY:   Announce 

16    the results.

17                 THE SECRETARY:   Ayes, 58.

18                 ACTING PRESIDENT BAILEY:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    1030, Senate Print 6150, by Senator Parker, an 

22    act to amend the Banking Law.

23                 ACTING PRESIDENT BAILEY:   Read the 

24    last section.  

25                 THE SECRETARY:   Section 2.  This 


                                                               6052

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

 2    shall have become a law.

 3                 ACTING PRESIDENT BAILEY:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT BAILEY:   Announce 

 7    the results.

 8                 THE SECRETARY:   Ayes, 58.

 9                 ACTING PRESIDENT BAILEY:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    1054, Senate Print 6225, by Senator Rivera, an 

13    act to amend the Social Services Law.

14                 ACTING PRESIDENT BAILEY:   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 BAILEY:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT BAILEY:   Senator 

23    Rivera to explain his vote.

24                 SENATOR RIVERA:   Thank you, 

25    Mr. President.


                                                               6053

 1                 I'm very glad that we're voting on 

 2    this bill today.  We've passed it the last couple 

 3    of years, and I'm hoping that we can get it over 

 4    the finish line.

 5                 A few years ago I'm sure we've all 

 6    heard about the tragedy of Nicholas Dominici, a 

 7    young boy who was at a daycare center and 

 8    unfortunately found some heroin that was being 

 9    stashed away by the folks who were running the 

10    daycare center.  

11                 These folks -- he passed away that 

12    day.  Some of his classmates were hurt but gladly 

13    did not pass away.  

14                 Those folks were found, they were 

15    held responsible, they were convicted, and I'm 

16    very glad that they were.

17                 But this bill, Mr. President, is to 

18    make sure that parents can feel safe when they 

19    leave their children in a daycare center.  It 

20    would create standards so that they would be able 

21    to inspect the childcare center to be able to 

22    make certain that it is safe for their children, 

23    as well as to provide both training for the folks 

24    who run the daycare centers, and set standards as 

25    to what they have to make sure that they 


                                                               6054

 1    recognize as it relates to drug paraphernalia, 

 2    et cetera, to make sure that they can keep the 

 3    children that they are responsible for taking 

 4    care of safe.  

 5                 So I am glad that we're passing this 

 6    today.  And I should mention that I am 

 7    particularly proud of this piece of legislation 

 8    since it came to me directly from the parents 

 9    themselves of Nicholas Dominici, who came to my 

10    staff and myself and wanted to make sure it did 

11    not happen to another kid.  

12                 So I'm glad that we're passing it 

13    today.  I'm hoping that we can get it signed into 

14    law.  I vote in the affirmative, Mr. President.  

15                 Thank you.  

16                 ACTING PRESIDENT BAILEY:   Senator 

17    Rivera to be recorded in the affirmative.  

18                 Announce the results.

19                 THE SECRETARY:   In relation to 

20    Calendar 1054, voting in the negative:  

21    Senator Walczyk.

22                 Ayes, 57.  Nays, 1.

23                 ACTING PRESIDENT BAILEY:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               6055

 1    1058, Senate Print 4887B, by Senator Walczyk, an 

 2    act to amend the Tax Law.

 3                 ACTING PRESIDENT BAILEY:   Read the 

 4    last section.  

 5                 SENATOR GIANARIS:   Lay it aside.

 6                 ACTING PRESIDENT BAILEY:   Lay it 

 7    aside.

 8                 THE SECRETARY:   Calendar Number 

 9    1060, Senate Print 6047A, by Senator Skoufis, an 

10    act to amend the Tax Law. 

11                 ACTING PRESIDENT BAILEY:   Read the 

12    last section.

13                 THE SECRETARY:   Section 2.  This 

14    act shall take effect immediately.

15                 ACTING PRESIDENT BAILEY:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT BAILEY:   Announce 

19    the results.

20                 THE SECRETARY:   In relation to 

21    Calendar 1060, voting in the negative are 

22    Senators Canzoneri-Fitzpatrick, Harckham, 

23    Helming, Hinchey, Lanza, Martinez, Ortt, Palumbo, 

24    Rhoads, Ryan, Scarcella-Spanton and Weik.  Also 

25    Senator Tedisco.


                                                               6056

 1                 Ayes, 45.  Nays, 13.

 2                 ACTING PRESIDENT BAILEY:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    1061, Senate Print 6834A, by Senator Oberacker, 

 6    an act to amend the Tax Law.

 7                 ACTING PRESIDENT BAILEY:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 2.  This 

10    act shall take effect immediately.  

11                 ACTING PRESIDENT BAILEY:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT BAILEY:   Announce 

15    the results.

16                 THE SECRETARY:   In relation to 

17    Calendar 1061, voting in the negative are 

18    Senators Canzoneri-Fitzpatrick, Harckham, 

19    Helming, Lanza, Martinez, Ortt, Rhoads, Ryan, 

20    Scarcella-Spanton, Skoufis and Weik.

21                 Ayes, 47.  Nays, 11.

22                 ACTING PRESIDENT BAILEY:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 

25    1063, Senate Print 7820B, by Senator Oberacker, 


                                                               6057

 1    an act to amend the Tax Law.

 2                 ACTING PRESIDENT BAILEY:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 2.  This 

 5    act shall take effect immediately.  

 6                 ACTING PRESIDENT BAILEY:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT BAILEY:   Announce 

10    the results.

11                 THE SECRETARY:   In relation to 

12    Calendar 1063, voting in the negative are 

13    Senators Canzoneri-Fitzpatrick, Harckham, 

14    Helming, Lanza, Martinez, Ortt, Palumbo, Rhoads, 

15    Ryan, Scarcella-Spanton, Skoufis and Weik.

16                 Ayes, 46.  Nays, 12.

17                 ACTING PRESIDENT BAILEY:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    1064, Senate Print 7966A, by Senator 

21    Canzoneri-Fitzpatrick, an act to amend the 

22    Tax Law.

23                 ACTING PRESIDENT BAILEY:   Read the 

24    last section.

25                 THE SECRETARY:   Section 2.  This 


                                                               6058

 1    act shall take effect immediately.

 2                 ACTING PRESIDENT BAILEY:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT BAILEY:   Announce 

 6    the results.

 7                 THE SECRETARY:   In relation to 

 8    Calendar 1064, voting in the negative are 

 9    Senators Harckham, Helming, Lanza, Martinez, 

10    Ortt, Palumbo, Rhoads, Ryan, Scarcella-Spanton, 

11    Skoufis and Weik.

12                 Ayes, 47.  Nays, 11.

13                 ACTING PRESIDENT BAILEY:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    1065, Senate Print 8188A, by Senator Hinchey, an 

17    act to amend the Tax Law.

18                 ACTING PRESIDENT BAILEY:   Read the 

19    last section.

20                 THE SECRETARY:   Section 2.  This 

21    act shall take effect immediately.

22                 ACTING PRESIDENT BAILEY:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT BAILEY:   Announce 


                                                               6059

 1    the results.

 2                 THE SECRETARY:   In relation to 

 3    Calendar 1065, voting in the negative are 

 4    Senators Canzoneri-Fitzpatrick, Harckham, 

 5    Helming, Lanza, Martinez, Ortt, Palumbo, Rhoads, 

 6    Ryan, Scarcella-Spanton, Skoufis and Weik.

 7                 Ayes 46.  Nays, 12.

 8                 ACTING PRESIDENT BAILEY:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    1067, Senate Print 8482A, by Senator Stec, an act 

12    to amend the Tax Law.

13                 ACTING PRESIDENT BAILEY:   Read the 

14    last section.

15                 THE SECRETARY:   Section 2.  This 

16    act shall take effect immediately.

17                 ACTING PRESIDENT BAILEY:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT BAILEY:   Announce 

21    the results.

22                 THE SECRETARY:   In relation to 

23    Calendar 1067, voting in the negative are 

24    Senators Canzoneri-Fitzpatrick, Lanza, Ryan and 

25    Scarcella-Spanton.  Also Senator Skoufis as well.


                                                               6060

 1                 Ayes, 53.  Nays, 5.

 2                 ACTING PRESIDENT BAILEY:   The bill 

 3    is passed.  

 4                 THE SECRETARY:   Calendar Number 

 5    1068, Senate Print 9027, by Senator Borrello, an 

 6    act to amend the Tax Law.

 7                 ACTING PRESIDENT BAILEY:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 2.  This 

10    act shall take effect immediately.  

11                 ACTING PRESIDENT BAILEY:   Call the 

12    roll.  

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT BAILEY:   Announce 

15    the results.  

16                 THE SECRETARY:   In relation to 

17    Calendar 1068, voting in the negative are 

18    Senators Canzoneri-Fitzpatrick, Harckham, 

19    Helming, Lanza, Martinez, Ortt, Palumbo, Rhoads,  

20    Ryan, Scarcella-Spanton, Skoufis, Tedisco and 

21    Weik.

22                 Ayes, 45.  Nays, 13.

23                 ACTING PRESIDENT BAILEY:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               6061

 1    1069, Assembly Bill Number 10032, by 

 2    Assemblymember Eachus, an act to amend 

 3    Chapter 283 of the Laws of 2023.

 4                 ACTING PRESIDENT BAILEY:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 2.  This 

 7    act shall take effect immediately.

 8                 ACTING PRESIDENT BAILEY:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT BAILEY:   Announce 

12    the results.

13                 THE SECRETARY:   In relation to 

14    Calendar 1069, voting in the negative are 

15    Senators Canzoneri-Fitzpatrick, Harckham, 

16    Hinchey, Lanza, Martinez, Ryan, Scarcella-Spanton 

17    and Stec.

18                 Ayes, 50.  Nays, 8.

19                 ACTING PRESIDENT BAILEY:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    1070, Senate Print 9157A, by Senator Borrello, an 

23    act to amend the Tax Law.

24                 ACTING PRESIDENT BAILEY:   Read the 

25    last section.


                                                               6062

 1                 THE SECRETARY:   Section 2.  This 

 2    act shall take effect immediately.

 3                 ACTING PRESIDENT BAILEY:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT BAILEY:   Announce 

 7    the results.

 8                 THE SECRETARY:   In relation to 

 9    Calendar 1070, voting in the negative are 

10    Senators Canzoneri-Fitzpatrick, Harckham, 

11    Helming, Lanza, Martinez, Ortt, Palumbo, Rhoads, 

12    Ryan, Scarcella-Spanton, Skoufis, Tedisco and 

13    Weik.

14                 Ayes, 45.  Nays, 13.

15                 ACTING PRESIDENT BAILEY:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    1071, Senate Print 9264A, by Senator Rolison, an 

19    act to amend Chapter 295 of the Laws of 2023.

20                 ACTING PRESIDENT BAILEY:   There is 

21    a home-rule message at the desk.  

22                 Read the last section.

23                 THE SECRETARY:   Section 3.  This 

24    act shall take effect immediately.  

25                 ACTING PRESIDENT BAILEY:   Call the 


                                                               6063

 1    roll.

 2                 (The Secretary called the roll.)  

 3                 ACTING PRESIDENT BAILEY:   Announce 

 4    the results.

 5                 THE SECRETARY:   In relation to 

 6    Calendar 1071, voting in the negative are 

 7    Senators Canzoneri-Fitzpatrick, Harckham, Lanza, 

 8    Martinez, Ryan, Scarcella-Spanton and Skoufis.  

 9                 Ayes, 51.  Nays, 7.

10                 ACTING PRESIDENT BAILEY:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    1072, Senate Print 9273, by Senator Krueger, an 

14    act to amend the Alcoholic Beverage Control Law.  

15                 SENATOR LANZA:   Lay it aside.

16                 ACTING PRESIDENT BAILEY:   Lay it 

17    aside.

18                 THE SECRETARY:   Calendar Number 

19    1073, Senate Print 9314, by Senator Gallivan, an 

20    act to amend the Tax Law.

21                 ACTING PRESIDENT BAILEY:   Read the 

22    last section.

23                 THE SECRETARY:   Section 2.  This 

24    act shall take effect immediately.

25                 ACTING PRESIDENT BAILEY:   Call the 


                                                               6064

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT BAILEY:   Announce 

 4    the results.

 5                 THE SECRETARY:   In relation to 

 6    Calendar 1073, voting in the negative are 

 7    Senators Canzoneri-Fitzpatrick, Harckham, 

 8    Helming, Lanza, Martinez, Ortt, Palumbo, Rhoads, 

 9    Ryan, Scarcella-Spanton, Skoufis, Tedisco and 

10    Weik.

11                 Ayes, 45.  Nays, 13.

12                 ACTING PRESIDENT BAILEY:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    1075, Assembly Bill Number 10522, by 

16    Assemblymember Barrett, an act to amend the 

17    Tax Law.

18                 ACTING PRESIDENT BAILEY:   Read the 

19    last section.

20                 THE SECRETARY:   Section 2.  This 

21    act shall take effect immediately.  

22                 ACTING PRESIDENT BAILEY:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT BAILEY:   Announce 


                                                               6065

 1    the results.

 2                 THE SECRETARY:   In relation to 

 3    Calendar 1075, voting in the negative are 

 4    Senators Canzoneri-Fitzpatrick, Harckham, 

 5    Helming, Lanza, Martinez, Ortt, Palumbo, Ryan, 

 6    Scarcella-Spanton, Skoufis, Tedisco and Weik.

 7                 Ayes, 46.  Nays, 12.

 8                 ACTING PRESIDENT BAILEY:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    1076, Senate Print 9376A, by Senator Gallivan, an 

12    act to amend the Tax Law.

13                 ACTING PRESIDENT BAILEY:   Read the 

14    last section.

15                 THE SECRETARY:   Section 2.  This 

16    act shall take effect immediately.  

17                 ACTING PRESIDENT BAILEY:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT BAILEY:   Announce 

21    the results.

22                 THE SECRETARY:   In relation to 

23    Calendar 1076, voting in the negative are 

24    Senators Canzoneri-Fitzpatrick, Harckham, 

25    Helming, Lanza, Martinez, Ortt, Palumbo, Rhoads, 


                                                               6066

 1    Ryan, Scarcella-Spanton, Skoufis, Tedisco and 

 2    Weik.

 3                 Ayes, 45.  Nays, 13.

 4                 ACTING PRESIDENT BAILEY:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    1077, Senate Print 9504A, by Senator Rolison, an 

 8    act to amend Chapter 294 of the Laws of 2023.

 9                 ACTING PRESIDENT BAILEY:   There is 

10    a home-rule message at the desk.

11                 Read the last section.

12                 THE SECRETARY:   Section 4.  This 

13    act shall take effect immediately.  

14                 ACTING PRESIDENT BAILEY:   Call the 

15    roll.  

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT BAILEY:   Announce 

18    the results.

19                 THE SECRETARY:   In relation to 

20    Calendar 1077, voting in the negative are 

21    Senators Canzoneri-Fitzpatrick, Harckham, Lanza, 

22    Martinez, Ryan, Scarcella-Spanton and Skoufis.  

23                 Ayes, 51.  Nays, 7.

24                 ACTING PRESIDENT BAILEY:   The bill 

25    is passed.


                                                               6067

 1                 THE SECRETARY:   Calendar Number 

 2    1080, Assembly Bill Number 10737A, by 

 3    Assemblymember Shrestha, an act to amend the 

 4    Tax Law.

 5                 ACTING PRESIDENT BAILEY:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 2.  This 

 8    act shall take effect immediately.

 9                 ACTING PRESIDENT BAILEY:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT BAILEY:   Announce 

13    the results.

14                 THE SECRETARY:   In relation to 

15    Calendar 1080, voting in the negative are 

16    Senators Canzoneri-Fitzpatrick, Harckham, 

17    Helming, Lanza, Martinez, Ortt, Palumbo, Rhoads, 

18    Ryan, Scarcella-Spanton, Skoufis, Tedisco and 

19    Weik.

20                 Ayes, 45.  Nays, 13.

21                 ACTING PRESIDENT BAILEY:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    1083, Assembly Bill Number 10932A, by 

25    Assemblymember McMahon, an act to amend the 


                                                               6068

 1    Tax Law.

 2                 ACTING PRESIDENT BAILEY:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 2.  This 

 5    act shall take effect immediately.

 6                 ACTING PRESIDENT BAILEY:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT BAILEY:   Announce 

10    the results.

11                 THE SECRETARY:   In relation to 

12    Calendar 1083, voting in the negative are 

13    Senators Canzoneri-Fitzpatrick, Helming, Lanza, 

14    Ortt, Palumbo, Rhoads, Ryan, Tedisco and Weik.

15                 Ayes, 49.  Nays, 9.

16                 ACTING PRESIDENT BAILEY:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    1084, Senate Print 9862A, by Senator Skoufis, an 

20    act to amend the Tax Law.

21                 ACTING PRESIDENT BAILEY:   There's a 

22    home-rule message at the desk.

23                 Read the last section.

24                 THE SECRETARY:   Section 2.  This 

25    act shall take effect immediately.  


                                                               6069

 1                 ACTING PRESIDENT BAILEY:   Call the 

 2    roll.

 3                 (The Secretary called the roll.)

 4                 ACTING PRESIDENT BAILEY:   Announce 

 5    the results.

 6                 THE SECRETARY:   In relation to 

 7    Calendar 1084, voting in the negative are 

 8    Senators Canzoneri-Fitzpatrick, Harckham, 

 9    Helming, Hinchey, Lanza, Martinez, Ortt, Palumbo, 

10    Rhoads, Ryan, Scarcella-Spanton, Stec, Tedisco 

11    and Weik.

12                 Ayes, 44.  Nays, 14.

13                 ACTING PRESIDENT BAILEY:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    1087, Senate Print 10029, by Senator Stec, an act 

17    to amend the Tax Law.

18                 ACTING PRESIDENT BAILEY:   Read the 

19    last section.

20                 THE SECRETARY:   Section 2.  This 

21    act shall take effect immediately.

22                 ACTING PRESIDENT BAILEY:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT BAILEY:   Announce 


                                                               6070

 1    the results.

 2                 THE SECRETARY:   In relation to 

 3    Calendar 1087, voting in the negative are 

 4    Senators Canzoneri-Fitzpatrick, Harckham, 

 5    Helming, Lanza, Martinez, Rhoads, Ryan, 

 6    Scarcella-Spanton, Skoufis, Tedisco and Weik.

 7                 Ayes, 47.  Nays, 11.

 8                 ACTING PRESIDENT BAILEY:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    1090, Senate Print Number 10188, by 

12    Senator Skoufis, an act to repeal Section 2 of 

13    Chapter 316 of the Laws of 2025.

14                 ACTING PRESIDENT BAILEY:   Read the 

15    last section.

16                 THE SECRETARY:   Section 2.  This 

17    act shall take effect immediately.

18                 ACTING PRESIDENT BAILEY:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT BAILEY:   Announce 

22    the results.

23                 THE SECRETARY:   In relation to 

24    Calendar 1090, voting in the negative are 

25    Senators Lanza, Martinez and Ryan.


                                                               6071

 1                 Ayes, 55.  Nays, 3.

 2                 ACTING PRESIDENT BAILEY:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    1114, Senate Print 8690, by Senator Cleare, an 

 6    act to amend the Alcoholic Beverage Control Law.  

 7                 ACTING PRESIDENT BAILEY:   Read the 

 8    last section.  

 9                 THE SECRETARY:   Section 2.  This 

10    act shall take effect immediately.  

11                 ACTING PRESIDENT BAILEY:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT BAILEY:   Announce 

15    the results.

16                 THE SECRETARY:   In relation to 

17    Calendar 1114, voting in the negative are 

18    Senators Lanza and Martinez.  

19                 Ayes, 56.  Nays, 2.

20                 ACTING PRESIDENT BAILEY:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    1115, Senate Print 10001, by Senator Skoufis, an 

24    act to amend the Alcoholic Beverage Control Law.

25                 ACTING PRESIDENT BAILEY:   Read the 


                                                               6072

 1    last section.

 2                 THE SECRETARY:   Section 2.  This 

 3    act shall take effect immediately.

 4                 ACTING PRESIDENT BAILEY:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT BAILEY:   Announce 

 8    the results.

 9                 THE SECRETARY:   In relation to 

10    Calendar 1115, voting in the negative:  

11    Senator Martinez.  

12                 Ayes, 57.  Nays, 1.

13                 ACTING PRESIDENT BAILEY:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    1131, Assembly Bill Number 9520, by 

17    Assemblymember Pretlow, an act to amend the 

18    Local Finance Law.

19                 ACTING PRESIDENT BAILEY:   There is 

20    a home-rule message at the desk.

21                 Read the last section.

22                 THE SECRETARY:   Section 2.  This 

23    act shall take effect immediately.  

24                 ACTING PRESIDENT BAILEY:   Call the 

25    roll.  


                                                               6073

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT BAILEY:   Announce 

 3    the results.

 4                 THE SECRETARY:   In relation to 

 5    Calendar 1131, voting in the negative:  

 6    Senators Skoufis and Walczyk.

 7                 Ayes, 56.  Nays, 2.

 8                 ACTING PRESIDENT BAILEY:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    1132, Senate Print 9839, by Senator Baskin, an 

12    act to amend the Local Finance Law.

13                 SENATOR LANZA:   Lay it aside.

14                 ACTING PRESIDENT BAILEY:   Lay it 

15    aside.

16                 THE SECRETARY:   Calendar Number 

17    1137, Senate Print 10266, by Senator Webb, an act 

18    to amend the Tax Law.

19                 ACTING PRESIDENT BAILEY:   Read the 

20    last section.

21                 THE SECRETARY:   Section 4.  This 

22    act shall take effect immediately.

23                 ACTING PRESIDENT BAILEY:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               6074

 1                 ACTING PRESIDENT BAILEY:   Announce 

 2    the results.

 3                 THE SECRETARY:   In relation to 

 4    Calendar 1137, voting in the negative are 

 5    Senators Canzoneri-Fitzpatrick, Helming, Lanza, 

 6    Palumbo, Ryan, Tedisco and Weik.

 7                 Ayes, 51.  Nays, 7.

 8                 ACTING PRESIDENT BAILEY:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    1153, Senate Print 267, by Senator Sanders, an 

12    act to amend the Executive Law.

13                 ACTING PRESIDENT BAILEY:   Read the 

14    last section.

15                 THE SECRETARY:   Section 2.  This 

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

17    shall have become a law.

18                 ACTING PRESIDENT BAILEY:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT BAILEY:   Announce 

22    the results.

23                 THE SECRETARY:   Ayes, 58.

24                 ACTING PRESIDENT BAILEY:   The bill 

25    is passed.


                                                               6075

 1                 THE SECRETARY:   Calendar Number 

 2    1158, Senate Print Number 2073, by 

 3    Senator Scarcella-Spanton, an act to amend 

 4    the Vehicle and Traffic Law.

 5                 ACTING PRESIDENT BAILEY:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 3.  This 

 8    act shall take effect immediately.

 9                 ACTING PRESIDENT BAILEY:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT BAILEY:   Announce 

13    the results.

14                 THE SECRETARY:   Ayes, 58.

15                 ACTING PRESIDENT BAILEY:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    1162, Assembly Bill Number 7627B, by 

19    Assemblymember Kay, an act to amend the Veterans' 

20    Services Law.

21                 ACTING PRESIDENT BAILEY:   Read the 

22    last section.

23                 THE SECRETARY:   Section 3.  This 

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

25    shall have become a law.


                                                               6076

 1                 ACTING PRESIDENT BAILEY:   Call the 

 2    roll.

 3                 (The Secretary called the roll.)

 4                 ACTING PRESIDENT BAILEY:   Announce 

 5    the results.

 6                 THE SECRETARY:   Ayes, 58.

 7                 ACTING PRESIDENT BAILEY:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    1163, Senate Print 8233, by Senator Sanders, an 

11    act to amend the New York City Charter.

12                 ACTING PRESIDENT BAILEY:   Read the 

13    last section.

14                 THE SECRETARY:   Section 3.  This 

15    act shall take effect immediately.

16                 ACTING PRESIDENT BAILEY:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT BAILEY:   Announce 

20    the results.

21                 THE SECRETARY:   Ayes, 58.

22                 ACTING PRESIDENT BAILEY:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 

25    1167, Senate Print 10000, by Senator Brisport, an 


                                                               6077

 1    act to amend the Family Court Act.

 2                 ACTING PRESIDENT BAILEY:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 2.  This 

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

 6    shall have become a law.

 7                 ACTING PRESIDENT BAILEY:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT BAILEY:   Announce 

11    the results.

12                 THE SECRETARY:   In relation to 

13    Calendar 1167, voting in the negative are 

14    Senators Borrello, Canzoneri-Fitzpatrick, Griffo, 

15    Helming, Martins, Mattera, Murray, Palumbo, 

16    Rhoads, Stec, Walczyk and Weik.  Also 

17    Senator Tedisco.

18                 Ayes, 45.  Nays, 13.

19                 ACTING PRESIDENT BAILEY:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    1168, Senate Print 79, by Senator Liu, an act to 

23    amend the Education Law.

24                 ACTING PRESIDENT BAILEY:   Read the 

25    last section.


                                                               6078

 1                 THE SECRETARY:   Section 2.  This 

 2    act shall take effect immediately.  

 3                 ACTING PRESIDENT BAILEY:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT BAILEY:   Announce 

 7    the results.

 8                 THE SECRETARY:   Ayes, 58.

 9                 ACTING PRESIDENT BAILEY:   The bill 

10    is passed.  

11                 THE SECRETARY:   Calendar Number 

12    1195, Senate Print 1140A, by Senator Gonzalez, an 

13    act to amend the Tax Law.

14                 ACTING PRESIDENT BAILEY:   Read the 

15    last section.

16                 THE SECRETARY:   Section 2.  This 

17    act shall take effect immediately.  

18                 ACTING PRESIDENT BAILEY:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT BAILEY:   Announce 

22    the results.

23                 THE SECRETARY:   In relation to 

24    Calendar 1195, voting in the negative are 

25    Senators Ashby, Borrello, Canzoneri-Fitzpatrick, 


                                                               6079

 1    Chan, Cooney, Gallivan, Griffo, Helming, Lanza, 

 2    Martinez, Martins, Mattera, Murray, Ortt, Rhoads, 

 3    Scarcella-Spanton, Stec, Tedisco, Walczyk, Weber 

 4    and Weik.

 5                 Ayes, 37.  Nays, 21.

 6                 ACTING PRESIDENT BAILEY:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    1197, Senate Print 1192, by Senator Addabbo, an 

10    act to amend the Criminal Procedure Law.

11                 ACTING PRESIDENT BAILEY:   Read the 

12    last section.

13                 THE SECRETARY:   Section 2.  This 

14    act shall take effect immediately.

15                 ACTING PRESIDENT BAILEY:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT BAILEY:   Announce 

19    the results.

20                 THE SECRETARY:   In relation to 

21    Calendar 1197, voting in the negative:  

22    Senator Brisport.  

23                 Ayes, 57.  Nays, 1.

24                 ACTING PRESIDENT BAILEY:   The bill 

25    is passed.


                                                               6080

 1                 THE SECRETARY:   Calendar Number 

 2    1203, Senate Print 3243A, by Senator Cooney, an 

 3    act to amend the Social Services Law.

 4                 ACTING PRESIDENT BAILEY:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 2.  This 

 7    act shall take effect immediately.  

 8                 ACTING PRESIDENT BAILEY:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT BAILEY:   Announce 

12    the results.

13                 THE SECRETARY:   Ayes, 58.

14                 ACTING PRESIDENT BAILEY:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    1207, Senate Print 6025, by Senator Brouk, an act 

18    to amend the Social Services Law.

19                 SENATOR LANZA:   Lay it aside.

20                 ACTING PRESIDENT BAILEY:   Lay it 

21    aside.

22                 THE SECRETARY:   Calendar Number 

23    1210, Senate Print 7611B, by Senator Bynoe, an 

24    act to amend the Vehicle and Traffic Law.

25                 ACTING PRESIDENT BAILEY:   Read the 


                                                               6081

 1    last section.

 2                 THE SECRETARY:   Section 5.  This 

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

 4    shall have become a law.

 5                 ACTING PRESIDENT BAILEY:   Call the 

 6    roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT BAILEY:   Announce 

 9    the results.

10                 THE SECRETARY:   Ayes, 58.

11                 ACTING PRESIDENT BAILEY:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 

14    1237, Senate Print 6980, by Senator Persaud, an 

15    act to create a temporary state commission to 

16    study and make recommendations concerning the 

17    incidence of asthma in the Borough of Brooklyn.

18                 ACTING PRESIDENT BAILEY:   Read the 

19    last section.

20                 THE SECRETARY:   Section 6.  This 

21    act shall take effect immediately.

22                 ACTING PRESIDENT BAILEY:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT BAILEY:   Announce 


                                                               6082

 1    the results.

 2                 THE SECRETARY:   Ayes, 58.

 3                 ACTING PRESIDENT BAILEY:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    1242, Senate Print 1695, by Senator Skoufis, an 

 7    act to amend the Real Property Tax Law.

 8                 ACTING PRESIDENT BAILEY:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 2.  This 

11    act shall take effect immediately.

12                 ACTING PRESIDENT BAILEY:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT BAILEY:   Announce 

16    the results.

17                 THE SECRETARY:   In relation to 

18    Calendar 1242, voting in the negative are 

19    Senators Canzoneri-Fitzpatrick, Chan, Griffo, 

20    Lanza, Martinez, Martins, Mattera, Rhoads, 

21    Tedisco, Weber and Weik.

22                 Ayes, 47.  Nays, 11.

23                 ACTING PRESIDENT BAILEY:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               6083

 1    1245, Senate Print 5168A, by Senator Rolison, an 

 2    act to amend the Real Property Tax Law.

 3                 ACTING PRESIDENT BAILEY:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 2.  This 

 6    act shall take effect immediately.

 7                 ACTING PRESIDENT BAILEY:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT BAILEY:   Announce 

11    the results.  

12                 THE SECRETARY:   In relation to 

13    Calendar 1245, voting in the negative are 

14    Senators Griffo, Lanza, Martinez, Rhoads, 

15    Scarcella-Spanton, Weber and Weik.

16                 Ayes, 51.  Nays, 7.

17                 ACTING PRESIDENT BAILEY:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    1251, Senate Print 9968, by Senator Gallivan, an 

21    act in relation to establishing the Harris Hill 

22    Volunteer Fire Company Benevolent Association.

23                 ACTING PRESIDENT BAILEY:   Read the 

24    last section.

25                 THE SECRETARY:   Section 2.  This 


                                                               6084

 1    act shall take effect immediately.

 2                 ACTING PRESIDENT BAILEY:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT BAILEY:   Announce 

 6    the results.

 7                 THE SECRETARY:   Ayes, 58.

 8                 ACTING PRESIDENT BAILEY:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    1252, Assembly Bill Number 10325, by 

12    Assemblymember Kassay, an act in relation to 

13    authorizing the assessor of the Town of 

14    Brookhaven to accept an application for a real 

15    property tax exemption.

16                 ACTING PRESIDENT BAILEY:   Read the 

17    last section.

18                 THE SECRETARY:   Section 3.  This 

19    act shall take effect immediately.  

20                 ACTING PRESIDENT BAILEY:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT BAILEY:   Announce 

24    the results.

25                 THE SECRETARY:   In relation to 


                                                               6085

 1    Calendar 1252, voting in the negative:  

 2    Senator Skoufis.

 3                 Ayes, 57.  Nays, 1.

 4                 ACTING PRESIDENT BAILEY:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    1271, Assembly Bill Number 9351A, by 

 8    Assemblymember Magnarelli, an act to amend the 

 9    Vehicle and Traffic Law.

10                 ACTING PRESIDENT BAILEY:   Read the 

11    last section.

12                 THE SECRETARY:   Section 2.  This 

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

14    shall have become a law.

15                 ACTING PRESIDENT BAILEY:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT BAILEY:   Senator 

19    Ryan to explain his vote.

20                 SENATOR RYAN:   Thank you.  Thank 

21    you, Mr. President.  

22                 So I rise in support of this bill.  

23    This is legislation that I wrote to address an 

24    issue directly brought to my attention by a 

25    constituent -- not just any constituent, but a 


                                                               6086

 1    disabled veteran who had experienced firsthand 

 2    the frustrating and unnecessary barriers this 

 3    bill seeks to eliminate.

 4                 At its core, what this legislation 

 5    is about, it's about respect and it's also about 

 6    common sense.  Currently, today, veterans who 

 7    have already been determined by the United States 

 8    Department of Veterans Affairs to be 100 percent 

 9    service-connected disabled are still forced to 

10    navigate an additional duplicative process in 

11    order to obtain a license plate bearing the 

12    universal symbol of access.  

13                 For veterans living with 

14    life-altering injuries and chronic health 

15    challenges, these hurdles -- they're more than 

16    just frustrating, they're burdensome and they're 

17    truly unnecessary.

18                 This bill simply aligns state 

19    practice with federal determinations by 

20    recognizing a veteran's 100 percent VA disability 

21    rating as sufficient proof of eligibility for 

22    accessibility of accommodations.

23                 Our veterans answered the call to 

24    serve this country.  Too many return home 

25    carrying permanent wounds as a result of that 


                                                               6087

 1    noble service.  The least that we can do is 

 2    ensure that they are not forced to fight through 

 3    unnecessary red tape just to access the 

 4    accommodations that they have already earned.

 5                 I certainly want to thank my 

 6    constituent who brought this issue to my 

 7    attention, and I urge my colleagues to support 

 8    this great bill.

 9                 Thank you.  I vote aye.

10                 ACTING PRESIDENT BAILEY:   Senator 

11    Ryan to be recorded in the affirmative.

12                 Announce the results.

13                 THE SECRETARY:   Ayes, 58.

14                 ACTING PRESIDENT BAILEY:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    1275, Senate Print 9238, by Senator Mayer, an act 

18    to amend the Vehicle and Traffic Law.

19                 ACTING PRESIDENT BAILEY:   There is 

20    a home-rule message at the desk.

21                 Read the last section.

22                 THE SECRETARY:   Section 4.  This 

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

24    shall have become a law.

25                 ACTING PRESIDENT BAILEY:   Call the 


                                                               6088

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT BAILEY:   Announce 

 4    the results.

 5                 THE SECRETARY:   In relation to 

 6    Calendar 1275, voting in the negative are 

 7    Senators Bynoe, Lanza and Martinez.

 8                 Ayes, 55.  Nays, 3.

 9                 ACTING PRESIDENT BAILEY:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    1277, Assembly Bill Number 10722, by 

13    Assemblymember Paulin, an act to amend 

14    Chapter 460 of the Laws of 2021.

15                 ACTING PRESIDENT BAILEY:   There is 

16    a home-rule message at the desk.

17                 Read the last section.

18                 THE SECRETARY:   Section 2.  This 

19    act shall take effect immediately.  

20                 ACTING PRESIDENT BAILEY:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT BAILEY:   Announce 

24    the results.

25                 THE SECRETARY:   In relation to 


                                                               6089

 1    Calendar 1277, voting in the negative are 

 2    Senators Bynoe, Martinez and Murray.

 3                 Ayes, 55.  Nays, 3.

 4                 ACTING PRESIDENT BAILEY:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    1306, Senate Print 7100, by Senator Lanza, an act 

 8    to rename the Oakwood Beach wetland the Oakwood 

 9    Beach-Detective Russel Timoshenko Preserve.

10                 ACTING PRESIDENT BAILEY:   Read the 

11    last section.

12                 THE SECRETARY:   Section 2.  This 

13    act shall take effect immediately.

14                 ACTING PRESIDENT BAILEY:   Call the 

15    roll.  

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT BAILEY:   Announce 

18    the results.

19                 THE SECRETARY:   In relation to 

20    Calendar 1306, voting in the negative:  

21    Senator Brisport.  

22                 Ayes, 57.  Nays, 1.

23                 ACTING PRESIDENT BAILEY:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               6090

 1    1309, Senate Print 9202, by Senator Ortt, an act 

 2    to amend Chapter 389 of the Laws of 2024.

 3                 ACTING PRESIDENT BAILEY:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 2.  This 

 6    act shall take effect immediately.

 7                 ACTING PRESIDENT BAILEY:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT BAILEY:   Announce 

11    the results.

12                 THE SECRETARY:   In relation to 

13    Calendar 1309, voting in the negative are 

14    Senators Brisport and Martinez.

15                 Ayes, 56.  Nays, 2.

16                 ACTING PRESIDENT BAILEY:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    1312, Senate Print 3233A, by Senator Kavanagh, an 

20    act to amend the Elections Law.

21                 SENATOR LANZA:   Lay it aside.

22                 ACTING PRESIDENT BAILEY:   Lay it 

23    aside.  

24                 Senator Gianaris, that completes the 

25    reading of today's calendar.


                                                               6091

 1                 SENATOR GIANARIS:   Mr. President, 

 2    going back to motions and resolutions, on behalf 

 3    of Senator Salazar I offer the following 

 4    amendments to Calendar Number 1376, Senate Print 

 5    8353, and ask that said bill retain its place on 

 6    the Third Reading Calendar.

 7                 ACTING PRESIDENT BAILEY:   The bill 

 8    is restored to its place on the Third Reading 

 9    Calendar.

10                 Senator Gianaris.

11                 SENATOR GIANARIS:   I'd also like to 

12    lay aside for the day Calendar 670, which was 

13    previously laid aside.

14                 ACTING PRESIDENT BAILEY:   Calendar 

15    Number 670 is laid aside for the day.

16                 Senator Gianaris.

17                 SENATOR GIANARIS:   All right, 

18    Mr. President.  Cha-cha-cha.  Let's take up 

19    previously adopted Resolution 2214, by 

20    Senator Webb, read its title and call on 

21    Senator Webb.

22                 ACTING PRESIDENT MAYER:   The 

23    Secretary will read.

24                 THE SECRETARY:   Resolution 2214, by 

25    Senator Webb, memorializing Governor Kathy Hochul 


                                                               6092

 1    to proclaim June 2026 as Black Music Month in the 

 2    State of New York.

 3                 ACTING PRESIDENT MAYER:   Senator 

 4    Webb on the resolution.

 5                 SENATOR WEBB:   Thank you, 

 6    Madam President.  

 7                 I rise very proudly and excited 

 8    today to commemorate Black Music Month here in 

 9    our chamber here in our great State of New York.

10                 Every June, Black Music Month is 

11    celebrated not only in our state, but nationally.  

12    It was first established in 1979, when Dyana 

13    Williams, Ed Wright, and Kenny Gamble approached 

14    then-President Jimmy Carter to establish this 

15    commemoration.

16                 He hosted the first inaugural 

17    celebration on June 7, 1979, and years later, 

18    once Bill Clinton taken office, Dyana Williams 

19    wanted the White House to resume this celebration 

20    but was shocked to find out that President Carter 

21    had never actually officially signed the official 

22    presidential proclamation.

23                 So she wrote House Concurrent 

24    Bill 509, got it passed in Congress, and brought 

25    it to President Clinton, who then finally signed 


                                                               6093

 1    an official proclamation to officially recognize 

 2    June as Black Music Month.

 3                 Now, every June, we recognize the 

 4    accomplishments and the enduring legacy of Black 

 5    artists, writers, performers, producers, 

 6    countless others -- and the impact that their 

 7    music has had on our culture, the culture of our 

 8    state, country, and the world.

 9                 Throughout our nation's history 

10    Black music has been and is and always will be 

11    the very heartbeat of American culture, whether 

12    it is the powerful spirituals sung in the face of 

13    slavery, to the jazz clubs of Harlem, the hip-hop 

14    beats of the Bronx -- and we won't go into the 

15    contestment around them -- just kidding -- Black 

16    music has told the story of our struggle, our 

17    resilience, our joy, our determination for 

18    justice, and quite frankly for our shared 

19    absolute human right for dignity and respect.

20                 It has always been about more than 

21    entertainment.  We know that music is a form of 

22    protest.  It calls attention to not only the 

23    trials and tribulations of the world, but it also 

24    is what brings us together and helps to create 

25    innovation, joy, and so much more.


                                                               6094

 1                 It also helps our communities to 

 2    heal.  It brings people from all walks of life 

 3    together for one collective moment that most 

 4    certainly makes us even stronger.

 5                 I think of a quote by one of the 

 6    founders of Black Music Month, Kenny Gamble -- 

 7    and folks are familiar with Kenny Gamble, pioneer 

 8    of the "Philadelphia Sound," one of the founders.  

 9    He said that "Black is more than just a color, it 

10    is a frame of mind.  All genres of music created 

11    by Black folks in America are our heart and 

12    soul's gifts as well as a universal language 

13    widely felt and embraced worldwide."

14                 Madam President, New York is deeply 

15    connected to this movement.  Dyana Williams, the 

16    mother of Black Music Month, is from Harlem -- 

17    shout out to Senator Cordell Cleare, her 

18    district.  We are the home of countless 

19    genre-defining artists whose voices have shaped 

20    the very sound of music and continue to inspire 

21    today.

22                 As we continue to journey forward 

23    into the month of June to celebrate Black Music 

24    Month, my colleagues and I held a reception 

25    yesterday evening where we honored such 


                                                               6095

 1    incredible artists who are both living and have 

 2    gone on to be with our ancestors.  Many of them 

 3    are here with us today in the chamber, and it is 

 4    truly my deep and profound honor and pleasure to 

 5    name and recognize them not only by name, but 

 6    also to further lift up the fact that the work 

 7    that they do, and our taking this time to pause 

 8    to recognize them, that we are not only 

 9    recognizing their incredible gifts and talents, 

10    but as a legislative body we are inscribing their 

11    names forever into the annals of history here in 

12    our great State of New York.

13                 And so I would like to lift up the 

14    names of all of our honorees with us today in the 

15    chamber:  

16                 The incredible and incomparable 

17    MC Lyte, also a Rock & Roll Hall of Fame 

18    inductee.  

19                 DJ Beverly Bond, who has shown all 

20    of us Black girls how to rock.  

21                 The incredible lyricist and 

22    conscious rapper and entrepreneur, Mr. Talib 

23    Kweli.  

24                 Posthumously, I want to recognize 

25    Mr. Bob Law, who is here represented by his 


                                                               6096

 1    beautiful daughter, Ms. Aisha Patrice Law.  

 2                 And no one can ever underestimate 

 3    the influence of jazz and most certainly one of 

 4    jazz's sons, and that is none other than Mr. John 

 5    Coltrane, who this year it is his 100th birthday.  

 6    And we are joined today by his daughter, 

 7    Michelle Coltrane.  

 8                 We also understand the power and 

 9    influence of Black radio, and we are joined today 

10    by incredible entrepreneur, CEOs and pioneers  in 

11    that space.  Coming from Buffalo, Ms. Sheila 

12    Brown, CEO and owner of WUFO Radio.  

13                 And of course last but most 

14    certainly not least, Mr. Andre Langston, CEO and 

15    owner of WDKX Radio out of Rochester, whose 

16    actual radio station is named in honor of such 

17    important and great leaders like Frederick 

18    Douglass, Malcolm X, and Dr. Martin Luther King.  

19                 Madam President.  Let us continue to 

20    make space for the creativity, protect cultural 

21    institutions, do not allow policy to erase the 

22    contributions of not just simply Black artists, 

23    but Black people and our shared experiences.  

24    That we commit in this chamber to commemorating  

25    Black Music Month and all the work that we do in 


                                                               6097

 1    this chamber to uplift the next generation of 

 2    Black artists and creatives whose voices will 

 3    define not only our future, but most certainly 

 4    shape and influence our present.

 5                 I want to thank our Senate Majority 

 6    Leader for supporting this resolution; all of my 

 7    colleagues for the work that you've done over the 

 8    last two days.  It is my sincere hope and prayer 

 9    that all of our honorees feel loved, appreciated, 

10    seen, celebrated.  

11                 And with that, I proudly vote aye, 

12    and Happy Black Music Month.

13                 Thank you, Madam President.

14                 ACTING PRESIDENT MAYER:   Thank you, 

15    Senator Webb.

16                 Senator Baskin on the resolution.

17                 SENATOR BASKIN:   Thank you, 

18    Madam President.  I stand here today to recognize 

19    Black Music Month as the celebration of legacy 

20    that has shaped the culture and the soul of our 

21    nation.  

22                 I want to lift up our leader, Andrea 

23    Stewart-Cousins, for bringing this resolution 

24    forward.  To our colleagues, who are part of the 

25    Black Task Force; to Elm Core for sponsoring this 


                                                               6098

 1    beautiful two-day experience of celebratory 

 2    celebrations of Black music here in the State 

 3    Legislature; and to my colleague Senator Lea 

 4    Webb, for leading the way on this wonderful, 

 5    wonderful tribute.  

 6                 Now that it is my second year in the 

 7    State Senate, it is just such a beautiful, 

 8    beautiful experience to take part in.

 9                 Black music has long been the 

10    soundtrack of the African-American experience in 

11    this country.  It has told the story of struggle, 

12    resilience, resistance, freedom, joy and triumph.  

13                 It is more than just entertainment.  

14    It is protest.  Black music is education.  Black 

15    music is identity.  

16                 As we honor our distinguished guests 

17    who are here with us today -- who traveled so 

18    far, and I'm so happy to welcome them -- at this 

19    Black Music Month, I also want to recognize the 

20    leadership of so many others in our country who 

21    have contributed to this form of music.  

22                 As we celebrate here today, we must 

23    also remember Black music's painful history in 

24    this country.  Our African ancestors brought here 

25    in chains, against their will, carried with them 


                                                               6099

 1    traditions and cultural expressions that even the 

 2    most inhumane forms of oppression could not 

 3    erase.

 4                 Through spirituals, rhythm, dance 

 5    and songs born from both suffering and hope, they 

 6    created music that would lay the foundations for 

 7    generations to come.

 8                 From gospel to jazz to blues to R&B 

 9    to hip-hop, Black music has continuously evolved 

10    over the decades, shaping the music that we know 

11    and love today.  

12                 When I was growing up, 

13    Madam President, I was surrounded by generations 

14    of Black music.  My grandparents would listen to 

15    Black artists of the 1950s and '60s:  Little 

16    Richard, Ray Charles, James Brown, Ella 

17    Fitzgerald and Nat King Cole.  My parents would 

18    always be seen blasting Earth, Wind and Fire, 

19    Stevie Wonder, Prince, and Michael Jackson around 

20    the house.  

21                 Those sounds became a part of my 

22    childhood.  And as I got older, I adopted and was 

23    attracted to genres of my own.  My favorite as an 

24    '80s baby and '90s kid was New Jack Swing.  When 

25    I think of Teddy Riley, Jimmy Jam, Terry Lewis, 


                                                               6100

 1    Janet Jackson, Babyface, that genre that defined 

 2    the era of my childhood, it means so very much to 

 3    me.  That was the music that motivated me.  I 

 4    learned my first choreographed dance to New Jack 

 5    Swing, New Edition.  

 6                 When I hear these songs today, that 

 7    brings me right back to my childhood, to feelings 

 8    of joy and nostalgia.  

 9                 So today as we celebrate Black Music 

10    Month, let us honor generations of Black 

11    musicians, creators, performers and pioneers who 

12    have transformed their pain into the soundtrack 

13    that continues to inspire us all.  Let us lift up 

14    Sheila Brown, who I was able to speak on today at 

15    our press conference as the first Black woman to 

16    own a radio station here in the great State of 

17    New York, and all that she has contributed to 

18    Black music in uplifting Black voices across this 

19    country.  

20                 And a special shout out to MC Lyte.  

21    I was privileged to be able to shake her hand 

22    today and tell her that I don't think I would 

23    have the guts to be a Senator had it not been for 

24    her music.  Paper Thin was an album that I 

25    listened to over and over and over again.


                                                               6101

 1                 And I really, really appreciate her 

 2    contributions to me in paving the way for me to 

 3    be the first Black woman from my City of Buffalo 

 4    to ever ascend to the State Senate.  

 5                 So may God continue to bless the 

 6    gifts, the creativity, and the artistry of Black 

 7    musicians for generations and generations to 

 8    come.  

 9                 Madam President, I proudly vote aye.

10                 ACTING PRESIDENT MAYER:   Thank you, 

11    Senator Baskin.  

12                 Senator Zellner on the resolution.

13                 SENATOR ZELLNER:   Thank you, 

14    Madam President.  

15                 I rise today in support of this 

16    resolution recognizing Black Music Month, and I 

17    want to thank Senator Webb and Senator Baskin for 

18    her comments, and Senator Webb for bringing it 

19    before the Senate here.

20                 Black music and jazz are woven into 

21    the fabric of Buffalo.  For generations the 

22    Colored Musicians Club has been the center of 

23    that history.  Legendary artists like 

24    Duke Ellington, Billie Holiday, Ella Fitzgerald 

25    came through those doors while traveling across 


                                                               6102

 1    the country.  It became a place where Black 

 2    artists could gather, create and build community 

 3    during a time when many spaces were closed off to 

 4    them.  

 5                 And more than a century later, the 

 6    Colored Musicians Club is still standing.  It 

 7    remains the only continuously operated 

 8    Black-owned music venue in the United States, and 

 9    that is something Buffalo and all of Western 

10    New York and all of New York should be very proud 

11    of.

12                 And that legacy continues today 

13    through Sheila Brown, who's with us here in 

14    chambers.  Sheila started at WUFO, woof-o, at 

15    just 21 years old and worked her way up from a 

16    salesperson to owner, becoming the first 

17    African-American woman to own a radio station in 

18    Buffalo and Western New York.  

19                 Sheila didn't just make history in 

20    Buffalo; she helped preserve a piece of Buffalo 

21    history that could have been easily lost.  

22    Through WUFO she has spent decades uplifting 

23    Black voices, supporting local artists, 

24    preserving Buffalo's cultural history, and 

25    creating a platform that generations of people in 


                                                               6103

 1    Buffalo have turned to for music, conversation, 

 2    and connection.

 3                 But WUFO is more than just a radio 

 4    station.  It has become a voice for our 

 5    community.  And it has become the town hall for 

 6    our community.  

 7                 I want to recognize Sheila Brown for 

 8    her leadership and everything she has done for 

 9    Buffalo and Western New York and the importance 

10    of Black Music Month.

11                 Thank you, Madam President.  I vote 

12    aye.

13                 ACTING PRESIDENT MAYER:   Thank you, 

14    Senator.

15                 Senator Bailey on the resolution.

16                 SENATOR BAILEY:   Thank you, 

17    Madam President.  

18                 This is one of those days here.  To 

19    quote Common in "I Used to Love H.E.R.," "Now, 

20    Black music is Black music, and it's all good."  

21    I'm not going to go with the rest of the verse; 

22    it's not really chamber-appropriate.  

23                 But what Common was saying in "I 

24    Used to Love H.E.R.," was how the feeling that he 

25    had about hip-hop -- he met this girl when he was 


                                                               6104

 1    nine years old, but what he loved so much had so 

 2    much soul.  

 3                 And that's Black music in general, 

 4    Madam President.  It's not just hip-hop, which is 

 5    one of the greatest American art forms, along 

 6    with jazz.  It's gospel, it's R&B, it's reggae, 

 7    it's calypso and soca.  

 8                 It's Sunday morning listening to 

 9    Hal Jackson and BLS, cleaning your house when 

10    your mom's making you clean your house, to that 

11    cleaning music.  It is those driving songs that 

12    you had on your way to North Carolina in the 

13    summer for the family reunions.  

14                 We can talk about "Country Cousins," 

15    Kweli, for a little bit.  That's one of those 

16    songs that those of us from New York, we relate 

17    to that with that family down South.  

18                 But I'm just in awe of these legends 

19    in Black music, Madam President.  Bob Law, with 

20    being a Black talk show radio host.  We didn't 

21    have a lot of those.  And Mr. Langston and 

22    Ms. Brown, they are Black folks north of 

23    Mount Vernon, right?  It is really important to 

24    show that there's diversity in that the music 

25    experience and you're cultivating those 


                                                               6105

 1    experiences north.  

 2                 And DJ Beverly Bond, just thank you 

 3    for letting the world know that Black Girls Rock!  

 4    It's really important to not just speak about it, 

 5    but to say it.  

 6                 And to the family of John Coltrane, 

 7    I know Ms. Michelle Coltrane had to go, but we 

 8    had a resolution and we spoke about his legendary 

 9    impact.  

10                 But you know I'm hip-hop 366 days a 

11    year.  

12                 (Laughter.)

13                 SENATOR BAILEY:   And just to be in 

14    the presence of MC Lyte and Talib Kweli, I don't 

15    think you realize how big of a deal this is.

16                 We know about her storied career, 

17    but MC Lyte, my favorite verse from you ever was 

18    self-destruction.  That was my favorite verse.  

19    Because like I remember it, it's one of these 

20    core memories.  I'm in my grandparents' basement, 

21    and I told Uncle Ralph this the first time I met 

22    him.  I watched that video, and I saw the 

23    scrolling thing on the bottom.  "MC Lyte's on the 

24    microphone/Leave the knives and the guns at 

25    home."


                                                               6106

 1                 And that stuck with me.  Not only 

 2    were you one of the first female MCs to really do 

 3    it in a major way, you were on that track 

 4    spreading positivity.  And it was something that 

 5    me as a young man, like learning what hip-hop 

 6    was, it stuck with me.  

 7                 And look, there's so many great 

 8    songs.  "Poor Georgie," like give your flowers to 

 9    those before -- you know, you never know when 

10    you're going to lose somebody.  My mom didn't let 

11    me listen to "Ruffneck" because, I'm gonna tell 

12    you the story, she thought that when the song 

13    "gotta get a whatcho," she thought it was saying 

14    "got to get arrested."  So my mom was like, nah, 

15    you're not listening to that in this house.  

16                 (Laughter.)

17                 SENATOR BAILEY:   And then I told 

18    her what it was, she said, "Okay, you're still 

19    not listening to that."

20                 (Laughter.)

21                 SENATOR BAILEY:   But we talk a lot 

22    about great diss songs.  Ten Percent, diss songs, 

23    sometimes forgets -- sometimes people forget 

24    about it.  You know, there was a song that was in 

25    Quiet Storm that she got that from MC Lyte.  


                                                               6107

 1    Right?  Hit 'Em Up, they got that from MC Lyte.  

 2    Like that was one of the classic -- again, we're 

 3    not going to go into those lyrics here today, but 

 4    you should listen to that song.  

 5                 Brother Kweli, in this chamber we go 

 6    through episodes too, like Attack of the Clones.  

 7    Thank you for shaping what conscious hip-hop was, 

 8    along with Rawkus Records and independent labels 

 9    and showing that we as Black people, Black men, 

10    cannot just be constrained by labels, but go out 

11    on our own and make independent labels hot.  

12                 And "Country Cousins," I talked 

13    about that song that you did with UGK.  It was 

14    one of the songs that -- it was kind of before 

15    its time where people really weren't doing 

16    New York and down South tracks like that -- "Rest 

17    in Peace," KMC.  

18                 And it was really like you were 

19    talking about you're from Brooklyn and going down 

20    South and having that same vibe.  And the flow 

21    that you started out with at the top of the song 

22    was really important because it was sort of like 

23    when Biggie did it on "Notorious Thugs," to show 

24    that we can rap in different ways in New York.  

25    We're versatile.  


                                                               6108

 1                 Like I am really like a student of 

 2    this, and it's just -- it makes me feel so proud 

 3    that ambassadors of a culture that was born under 

 4    such conditions at 1520 Sedgwick Avenue on 

 5    August 11, 1973, in the Bronx -- there's no 

 6    dispute, Lea.  

 7                 And I just want to make sure, before 

 8    I forget, I want to make sure I shout out Lea.  I 

 9    mentioned at the press conference thank you for 

10    doing so much to uplift and extend what 

11    Black Music Month is in this chamber.  

12                 And Reflection Eternal, "Never Been 

13    in Love," one of the greatest hip-hop love songs 

14    of all time, people don't give you enough credit 

15    for that.

16                 But as I close, I just want to leave 

17    you with this.  Black Music Month is officially 

18    in June, but it's 365.  The music takes you to a 

19    certain place.  Any time I listen to a song in a 

20    shuffle, it takes me to a certain place where I 

21    remember that.  The mental download, the download 

22    of the music on Napster -- I'm sorry, I didn't 

23    have any money back then, I wasn't paying for the 

24    records.  

25                 (Laughter.)


                                                               6109

 1                 SENATOR BAILEY:   But Black music is 

 2    so critically important to my development as not 

 3    just a legislator, as a man, as a husband, as a 

 4    father.  And I have you all to thank for the 

 5    impact that you have made on my life.  

 6                 I'm glad I was able to get through 

 7    that because, again, this is a big deal.  I 

 8    proudly vote aye on this resolution, and 

 9    Black music forever!  

10                 ACTING PRESIDENT MAYER:   Thank you, 

11    Senator Bailey.  

12                 Senator Comrie on the resolution.

13                 SENATOR COMRIE:   Thank you, 

14    Madam President.  After all that history from 

15    Brother Bailey, I should just sit down.  

16                 (Laughter.)

17                 SENATOR COMRIE:   But I do need to 

18    stand up and thank Leader Cousins for allowing 

19    this to happen, this resolution.  

20                 And to Lea Webb for making sure that 

21    Black Music Month is truly a real celebration 

22    here in Albany, where we have an opportunity to 

23    celebrate artists and people and 

24    industry-makers -- not just artists, but 

25    entrepreneurs, businesspeople, songwriters and 


                                                               6110

 1    musicians.  

 2                 She's truly made this a memorable 

 3    event, and I want to thank her for all of her 

 4    efforts and the hundreds of hours that she put 

 5    into making this happen.  So thank you, 

 6    Sister Webb.  

 7                 I really want to thank the honorees.  

 8    You know, I represent Queens.  I don't want to be 

 9    in Brooklyn.  

10                 (Laughter.)

11                 SENATOR COMRIE:   But Queens, 

12    Southeast Queens has been a home to Black artists 

13    for centuries, going back to when James Brown 

14    lived in Addisleigh Park, Ella Fitzgerald, a lot 

15    of other artists.  

16                 But we have people here today that 

17    have truly impacted music -- Sheila Brown, as you 

18    heard from Senator Baskin, and Andre Langston, 

19    who I'm just meeting for the first time today -- 

20    but truly pioneers that have created 

21    opportunities for many people to listen and 

22    appreciate and enjoy Black music.  

23                 Bob Law, who I had the honor of 

24    meeting, was truly a renaissance man, truly 

25    someone that we all depended on to keep it real 


                                                               6111

 1    and to keep the truth.  

 2                 John Coltrane, truly, thank you to 

 3    his family for coming today.  There was so much 

 4    that he did to help us in music.  Brother Bailey 

 5    broke down Brother Kweli so deeply, I won't even 

 6    touch all of that.  But, you know, I don't have 

 7    that music history engrained in my soul as 

 8    Brother Bailey.  

 9                 But I do know it's music that moves 

10    us.  It's music that inspires us.  It's music 

11    that keeps us going in difficult times, and the 

12    Black musicians that are here as well.  

13                 Beverly Bond, I always say 

14    DJ Beverly Bond -- Black Girls Rock! -- thank you 

15    for your vision.  Thank you for your focus.  

16    Thank you for creating a national environment to 

17    empower all Black women.  

18                 And to MC Lyte, I had the honor of 

19    having a sitdown with you last year, just to find 

20    out that you're a deep sister.  You care about 

21    the world.  You care about issues.  You've 

22    utilized your music to empower women.  You're 

23    truly a special person.  

24                 Thank you all for coming today.  I 

25    really appreciate everything that's happening.  


                                                               6112

 1    I'm sorry that we weren't at the reception last 

 2    night, but we were here passing the budget.  But 

 3    we will be honoring you in every way possible.  

 4    Today is just a small token of our appreciation, 

 5    of our love and respect for all of you, for all 

 6    the things that you've done.  

 7                 Thank you, Senator Webb, for making 

 8    this happen.

 9                 Thank you, Madam President.

10                 ACTING PRESIDENT MAYER:   Thank you, 

11    Senator Comrie.

12                 Senator Myrie on the resolution.

13                 SENATOR MYRIE:   Thank you, 

14    Madam President.  

15                 Let me first thank Senator Lea Webb 

16    for all of her leadership in making this event 

17    and yesterday's event really I think a historic 

18    celebration of Black music during this month.  

19    And of course to our leader, Andrea 

20    Stewart-Cousins, for bringing this resolution.  

21                 We had a chance to meet a lot of the 

22    honorees at the press conference earlier today, 

23    so I won't go through everyone.  

24                 I just wanted to elevate two in 

25    particular, the first being DJ Beverly Bond, who, 


                                                               6113

 1    you know, I was thinking as we were going through 

 2    what might be the best thing to say about you 

 3    during this speech and at the press conference.  

 4    And, you know, I thought, Well, we have Senator 

 5    Lea Webb, a powerful and strong Black woman.  We 

 6    have Andrea Stewart-Cousins, the first Black 

 7    woman, the first woman to lead the Senate 

 8    Majority in the history of this state.  I of 

 9    course came from a Black woman.  I am married to 

10    a Black woman.  

11                 And what you have done with Black 

12    Girls Rock -- the affirmation that it gives for 

13    so many that look like you, that look like our 

14    families, our community.  It's bigger than the 

15    music.  

16                 And I want to publicly thank you for 

17    everything that you have done there and that you 

18    will continue to do, and what it has grown to be.

19                 And then of course to Talib, who as 

20    we all know is from Brooklyn.  But he also went 

21    to the best high school in the State of New York, 

22    Brooklyn Tech.  I have the honor of also 

23    representing Medgar Evers College, where another 

24    powerful Black woman, his mom, Dr. Greene, has 

25    been a professor and a scholar and someone who I 


                                                               6114

 1    take great humility and joy in working with to 

 2    achieve things for our community.  

 3                 Talib, what you did for young Black 

 4    men like me, who was listening to rap music and 

 5    reciting lyrics that I had no idea what -- like 

 6    what we -- I'm talking street stuff that I have 

 7    no idea what I'm talking about.  

 8                 (Laughter.)

 9                 SENATOR MYRIE:   I don't live that 

10    life.  I didn't grow up that way.  

11                 But then there came you, someone who 

12    was rapping about things that I did relate to and 

13    that I did know about, and teaching me things and 

14    saying, Look, you can do this and be cool, and 

15    you don't got to be all this over here.  

16                 That has stuck with me forever.  And 

17    I just wanted to say thank you for the example 

18    that you have set and continue to set for many 

19    Black boys and many Black men -- that you can 

20    stand in both spaces and be just as cool and just 

21    as powerful.  

22                 So as we celebrate Black Music 

23    Month, I want to thank all the honorees for 

24    taking the time to be with us here in the 

25    chamber.  Thank you for your patience as we've 


                                                               6115

 1    gone through the legislative process.  

 2                 I very, very, very proudly vote aye 

 3    on the resolution.  Thank you.

 4                 ACTING PRESIDENT MAYER:   Thank you, 

 5    Senator Myrie.  

 6                 Senator Fernandez on the resolution.

 7                 SENATOR FERNANDEZ:   Thank you, 

 8    Madam President.  

 9                 So I don't know if anybody or many 

10    people know this, but I grew up dancing.  I was 

11    always in dance class, jazz, ballet, tap, 

12    everything.  And one of my favorite things is -- 

13    was learning about the music.  Every time my 

14    teacher put on a different song, we're going to 

15    dance to this, she would give us -- he/she would 

16    give us a little history about who the artist was 

17    and when it was popular, when it came out.  

18                 And one of my most I guess favorite 

19    things about music in general is that 

20    Black artists originated every genre, almost.  

21    For those that don't know, again, I'm a big fan 

22    of Beyoncé and I do love her.  

23                 (Laughter.)

24                 SENATOR FERNANDEZ:   One of my 

25    favorite things to know and to share and to talk 


                                                               6116

 1    about is how she is using her position now to 

 2    elevate the history of Black music, from Act 1:  

 3    Renaissance, and giving credit to the Black LGBT 

 4    community and Donna Summer and DJ Frankie 

 5    Knuckles for how they inspired that genre of 

 6    music.  Country music was taken from 

 7    Black artists, and rock music.  I'm excited for 

 8    Act 3 coming out.  

 9                 But I have to stand up to thank the 

10    sponsor, Lea Webb, for bringing this resolution, 

11    because it is a moment that we should appreciate.  

12    It's a contribution to this country that we 

13    should appreciate and recognize every day.  

14                 And I'm truly grateful to all our 

15    guests here for sharing your -- my God, your 

16    spirit, your stardom, your influence, and for 

17    everything you've contributed to music in our 

18    country and society, and the love that we have 

19    celebrating as humans.

20                 So thank you.  I proudly vote aye 

21    too.

22                 ACTING PRESIDENT MAYER:   Thank you, 

23    Senator Fernandez.  

24                 Senator Hinchey on the resolution.

25                 SENATOR HINCHEY:   Thank you, 


                                                               6117

 1    Madam President.  

 2                 I rise, first and foremost, to thank 

 3    my seatmate, Senator Lea Webb, who has put so 

 4    much energy into this over the last few years.  

 5    Your passion and excitement is palpable, and it 

 6    just makes me so excited.  

 7                 But even larger, I rise to celebrate 

 8    Black music.  I represent and grew up in a 

 9    predominantly, almost exclusively white 

10    community, but Black music helped shape my way of 

11    thinking.  Listening to Black music as a kid 

12    opened my eyes to different cultures, opened my 

13    eyes to different ways of life.  Opened my eyes 

14    to some very good music.  

15                 And it's something that we would 

16    talk about with my friends all the time.  It was 

17    accessible.  We listened to it, we loved it.  And 

18    it was just a huge part of growing up.  

19                 I too grew up dancing, and it's some 

20    of the best music to dance to.  But being able to 

21    listen to some of the lyrics, you know, to 

22    understand where people are coming from, it 

23    shaped my life today.

24                 Talib Kweli, listening to you 

25    growing up in upstate New York, in the Catskills 


                                                               6118

 1    and the Hudson Valley -- thank you.  

 2                 Listening to Missy Elliott, blasting 

 3    her from my car down our rural roads, while 

 4    people are listening to God knows what, was so 

 5    much fun and important for people to be able to 

 6    hear and learn from.

 7                 Listening to Eve is just so -- was 

 8    so much fun and so, again, important for our 

 9    learning and way of life.  

10                 And so I want to say thank you for 

11    everything that all of you have done.  Thank you 

12    to the families, but thank you, more broadly, to 

13    the way that Black music has shaped our culture 

14    and really spoken to people in the more rural 

15    area and white communities, bringing us all 

16    together.  

17                 Thank you so much.

18                 ACTING PRESIDENT MAYER:   Thank you, 

19    Senator Hinchey.  

20                 Senator SepĂșlveda on the resolution.  

21                 SENATOR SEPÚLVEDA:   Thank you, 

22    Madam President, for allowing me to speak on this 

23    resolution now.  

24                 My colleague Jamaal Bailey speaks 

25    about hip-hop and the newer generation of music, 


                                                               6119

 1    but I grew up in Brooklyn, New York, with my 

 2    grandfather, and I grew up listening to Latin 

 3    music, salsa music, which has a large African 

 4    influence.  But also my grandfather was a revered 

 5    and loved jazz musician.  So while I listened to 

 6    all kinds of music, every -- almost every day I 

 7    had to listen to one of the probably greatest 

 8    jazz saxophonists ever, John Coltrane.  

 9                 We listened to Charlie Parker, Sonny 

10    Rollins, who passed away a couple of days ago, 

11    Miles Davis, Duke Ellington, Billie Holiday, 

12    Dizzy Gillespie, Charlie Parker -- Bill Evans was 

13    one of the greatest composers and jazz pianists 

14    to exist.  

15                 And of course the man who probably 

16    deserves the most credit for creating one of the 

17    only two American forms of music -- one is salsa 

18    music, which was formed in Harlem -- and jazz.  

19    These are the only two true forms of pure 

20    American music.  

21                 And the person who changed American 

22    music, the history of American music was none 

23    other than a man named Louie Armstrong.  Louie 

24    Armstrong changed music completely in this 

25    country and throughout the world.  The concept of 


                                                               6120

 1    syncopation he brought to music, where prior to 

 2    Louie Armstrong music was like a marching band.  

 3    You know, you'd listen to the marching band 

 4    music, and he brought in syncopation and changed 

 5    it completely.  

 6                 So to all the artists today, Black, 

 7    white, no matter where you're from, you all owe a 

 8    debt of gratitude to Louie Armstrong, because he 

 9    changed our music, he created everything today 

10    that's been used in creating hip-hop and other 

11    forms of music -- country music, rock and roll, 

12    all of that -- all of them owe a debt of 

13    gratitude to a Black man named Louie Armstrong.  

14                 I vote aye.  Thank you.

15                 ACTING PRESIDENT MAYER:   Thank you, 

16    Senator SepĂșlveda.

17                 Senator Cleare to close.

18                 SENATOR CLEARE:   Thank you, 

19    Madam President.  

20                 I rise to speak in support of the 

21    Black Music Month resolution, and I want to offer 

22    special thanks to our incredible collaborators on 

23    the Black Music Month program.  But the grandest 

24    shout-out of all to Senator Lea Webb, for her 

25    incredible vision and commitment.  


                                                               6121

 1                 I represent Harlem, the epicenter of 

 2    Black history, culture, thought, art, 

 3    scholarship, and music.  A significant part of 

 4    the history of Black music is rooted in my 

 5    district, including the quintessential venues of 

 6    the Harlem Renaissance, such as the Alhambra 

 7    Ballroom, the Cotton Club, Count Basie's Lounge, 

 8    the Lenox Lounge, the Renaissance Ballroom, the 

 9    Savoy, Monette's Supper Club, Bill's Place, 

10    Minton's Playhouse, the Apollo Theater, the 

11    original Red Rooster.  

12                 Moreover, many of the finest 

13    Black musicians lived in, played in, and 

14    frequented Harlem, including Louie Armstrong, 

15    Duke Ellington, Earl "Fatha" Hines, Cab Calloway, 

16    Thelonious Monk, Dizzy Gillespie, Count Basie, 

17    Jelly Roll Morton, Charlie Parker, Fats Waller, 

18    Ella Fitzgerald, Bessie Smith, Paul Robeson, 

19    Ethel Waters, Bill "Bojangles" Robinson, 

20    Lena Horne, Billie Holiday, and Josephine Baker, 

21    just to name a few.

22                 Black music has played a significant 

23    role in all areas of life globally.  Black 

24    musicians have historically been dispatched as 

25    cultural ambassadors to foster goodwill, bring 


                                                               6122

 1    people together, and represent American values, 

 2    using music to connect with global audiences in 

 3    ways that politics and traditional diplomacy 

 4    could not.  

 5                 Beginning in the 1950s and '60s, the 

 6    U.S. government, through the Department of State, 

 7    dispatched Black jazz icons such as Louie 

 8    Armstrong, Duke Ellington, Dizzy Gillespie and 

 9    others, to tour the world.  

10                 Blues, gospel, R&B evolved out of 

11    the African-American experience in the American 

12    South.  And as these genres migrated north, many 

13    were popularized and perfected in some ways 

14    during the Harlem Renaissance.  Ultimately these 

15    genres have become the pillars of rock and the 

16    pop industry.

17                 Black music dominates the global 

18    cultural economy and is one of the largest 

19    exports of the United States of America.  

20    Streaming data places rap and hip-hop on one of 

21    the most consumed genres globally.  Black music 

22    influences design, fashion, and various youth 

23    subcultures around the world.

24                 This year's ceremony honors 

25    Ms. Sheila Brown, of WUFO Radio in Buffalo.  And 


                                                               6123

 1    we have to thank each and every one of these 

 2    individuals.  Ms. Brown, we thank you for keeping 

 3    the music alive.  And not just the music -- the 

 4    history, the legacy, the opportunity.  Andre 

 5    Langston of WDKX Radio in Rochester, we thank you 

 6    too for elevating and continuing the legacy.

 7                 The family of Bob Law, Aisha 

 8    Patrice, thank you so much -- unknowingly -- for 

 9    sharing your family with all of us.  I feel like 

10    he was a part of my own family.  We waited to 

11    hear him come on.  That was our voice, and we 

12    felt like we knew him.

13                 The family of John Coltrane and 

14    Alice Coltrane -- Michelle, who was here 

15    earlier -- thank you so much for John's 

16    contributions.  John would have been 100 this 

17    year.  We're so excited about all the events.  

18                 And I have to lift up the names of 

19    so many others who would be 100 this year.  Very 

20    interestingly, Jimmy Heath, Randy Weston, 

21    Miles Davis, all would be 100 years old this 

22    year.  Makes you wonder what was going on in the 

23    20s, huh?

24                 Talib, we share a high school; your 

25    mother tells me all the time.  And, you know, 


                                                               6124

 1    what else should we expect, the son of 

 2    Dr. Greene, for you to touch a whole 'nother 

 3    generation with the same legacy and the same 

 4    originality.  

 5                 Ms. Beverly Bond, you're a writer, a 

 6    businesswoman, a philanthropist.  Thank you for 

 7    the give-back.  Thank you for showing us the way 

 8    to do it.  

 9                 And MC Lyte -- oof.  You showed us 

10    our place in hip-hop, in a powerful and dignified 

11    way.  I thank you for that.

12                 Today is a great day as we honor 

13    those who are here.  And I can't leave, I can't 

14    take my seat without of course lifting up the 

15    great, Harlem's own, cultural icon Rob Base, who 

16    we just lost this week.  It takes two to make a 

17    thing go right.  

18                 And also, as was mentioned before, 

19    the jazz great -- are you signing, John Liu?  

20                 (Laughter.)

21                 UNIDENTIFIED SENATOR:   

22    Internationally known.   

23                 SENATOR CLEARE:   Internationally 

24    known.  

25                 (Laughter.)


                                                               6125

 1                 SENATOR CLEARE:   -- the jazz great 

 2    Sonny Rollins, who resided in Senator Hinchey's 

 3    district but also had a great relationship with 

 4    Harlem.

 5                 You know, for hundreds of years 

 6    Black music has been the drumbeat and the 

 7    lifeblood of existence, of resistance, of 

 8    freedom, of storytelling, creativity and history.  

 9    Before we were allowed to read, before we were 

10    allowed to go to schools, before we were 

11    integrated, we brought music with us.  And music 

12    was how we communicated with each other.  And it 

13    is how we communicate with the world.  

14                 I am so proud to celebrate our music 

15    in Black Music Month.  Thank you, Leader 

16    Stewart-Cousins, for allowing this resolution to 

17    be brought to the floor.  It is so important.  

18                 Black music, long may it live.

19                 Thank you.

20                 ACTING PRESIDENT MAYER:   Thank you, 

21    Senator Cleare. 

22                 To our incredibly distinguished 

23    honorees who are here for Black Music Month, who 

24    have been named and celebrated on this floor here 

25    today, we welcome you on behalf of the Senate.  


                                                               6126

 1    We extend to you the privileges and cordialities 

 2    of the house.  We honor all you have contributed, 

 3    and in those whose memory we speak as well.

 4                 Congratulations.  Please rise and be 

 5    honored on the floor.

 6                 (Enthusiastic standing ovation.)

 7                 ACTING PRESIDENT MAYER:   The 

 8    resolution was previously adopted on May 27th.  

 9                 Senator Gianaris.

10                 SENATOR GIANARIS:   Please call on 

11    Senator Gonzalez for an introduction.

12                 ACTING PRESIDENT MAYER:   Senator 

13    Gonzalez for an introduction.

14                 SENATOR GONZALEZ:   Thank you, 

15    Madam President.  

16                 Today it is my honor to rise and 

17    welcome Ambassador Satoshi Katahira, of the 

18    Consulate General of Japan in New York, and the 

19    distinguished Japanese delegation alongside 

20    Senator Liu, to the New York State Senate.  

21                 Ambassador Katahira has a long 

22    history in international and economic affairs 

23    that has taken him across the world to places 

24    like Brazil and the United Kingdom.  He began his 

25    post here in October 2025, and is continuing to 


                                                               6127

 1    build on the deep and broad friendship between 

 2    Japan and the United States through cultural and 

 3    economic exchange, reinforcing the bond between 

 4    our two countries. 

 5                 As we celebrate Asian American and 

 6    Pacific Islander Heritage Month, we recognize his 

 7    leadership and the generations of AAPI 

 8    communities whose culture, advocacy, and public 

 9    service have shaped New York.  

10                 The Consulate General of Japan 

11    serves millions of people across our state, which 

12    is currently home to 61,000 Japanese residents.  

13    Myself and Senator Liu have the privilege of 

14    joining many of our Japanese neighbors at the 

15    Japan Day Parade, where Ambassador Katahira 

16    rolled out their new Mascot, Happi, a squirrel 

17    that represents the relationship between New York 

18    City and Japan.  And for those who may have 

19    missed it, he even dressed up as Happi the 

20    Squirrel.  

21                 I have also had the privilege of 

22    partnering with the Consulate General on a number 

23    of initiatives.  Every year we bring together a 

24    delegation of Japanese high school students to 

25    meet with students in my own district and 


                                                               6128

 1    understand their experiences.  

 2                 Watching younger people connect 

 3    across languages, cultures, and experiences is a 

 4    powerful reminder that diplomacy is not only 

 5    conducted between governments, it is built every 

 6    day through human connection, curiosity, and 

 7    shared learning.  

 8                 As many of you know, I have also had 

 9    a chance to do some of that learning.  I am 

10    marrying into a Japanese family and have yearly 

11    been able to visit my soon-to-be 

12    grandmother-in-law in Hyuga, a small surf town.  

13    And while Hyuga looks very different from Queens, 

14    where I grew up, I can say what feels so familiar 

15    are the shared values of family, of food, of art 

16    at the center of community.  

17                 At a time when division and 

18    isolation can feel all too common, these 

19    exchanges matter deeply.  They help foster a 

20    generation that understands the value of cultural 

21    appreciation and solidarity despite different 

22    backgrounds.  

23                 Learning from Japanese-American 

24    political history, organizing, and activism in 

25    the United States is so instructive to how we 


                                                               6129

 1    should view the world today.  

 2                 And we are also proudly joined today 

 3    by a World War II veteran.  Thank you so much for 

 4    your service.  

 5                 With Ambassador Katahira there is 

 6    also a delegation of Japanese business leaders.  

 7    Japanese businesses make over $800 billion in 

 8    investments into the American economy.  These 

 9    companies range from the financial and 

10    real estate sectors to manufacturing and 

11    entrepreneurs leading innovation and industries.

12                 So to Ambassador Katahira and the 

13    broader delegation, I want to say {in Japanese}, 

14    and I want to welcome you and thank you for your 

15    continued friendship with the people of New York.  

16                 Madam President, please join me in 

17    extending all the privileges of this chamber to 

18    our distinguished guests.  

19                 Thank you.

20                 ACTING PRESIDENT MAYER:   Thank you, 

21    Senator Gonzalez.  

22                 To Ambassador Katahira, to our 

23    distinguished delegation representing the 

24    business community of Japan, we welcome you to 

25    the Senate.  On behalf of our members, we extend 


                                                               6130

 1    to you the privileges and courtesies of the 

 2    house.  

 3                 Please rise, if you are able, and we 

 4    look to recognize you.

 5                 (Standing ovation.)

 6                 ACTING PRESIDENT MAYER:   Senator 

 7    Gianaris.

 8                 SENATOR GIANARIS:   All right, 

 9    Madam President, let's now begin the 

10    controversial calendar with Calendar 927, please.

11                 ACTING PRESIDENT MAYER:   The 

12    Secretary will ring the bell.  

13                 The secretary will read.

14                 THE SECRETARY:   Calendar Number 

15    927, Senate Print 5134, by Senator Harckham, an 

16    act to amend the Correction Law.

17                 ACTING PRESIDENT MAYER:   Senator 

18    Rhoads, why do you rise?

19                 SENATOR RHOADS:   I was hoping that 

20    Senator Harckham might yield to a few questions.

21                 ACTING PRESIDENT MAYER:   Senator 

22    Harckham, do you yield?  

23                 SENATOR HARCKHAM:   I do.

24                 ACTING PRESIDENT MAYER:   Senator 

25    Harckham yields.


                                                               6131

 1                 SENATOR RHOADS:   Thank you, 

 2    Senator Harckham.  

 3                 Through you, Madam President, of 

 4    course.  Am I correct in my understanding that 

 5    the purpose of this bill is to create a standard 

 6    electronic medical records database for 

 7    correctional centers?

 8                 SENATOR HARCKHAM:   Through you, 

 9    Madam President, that is correct.

10                 SENATOR RHOADS:   And will the 

11    sponsor continue to yield?  

12                 ACTING PRESIDENT MAYER:   Do you 

13    continue to yield? 

14                 SENATOR HARCKHAM:   Yes.

15                 ACTING PRESIDENT MAYER:   The 

16    sponsor yields.

17                 SENATOR RHOADS:   And am I also 

18    correct in my understanding that this piece of 

19    legislation was actually introduced and passed 

20    back in the '23-'24 session as well, correct?  

21                 SENATOR HARCKHAM:   Through you, 

22    Madam President, that is correct.

23                 SENATOR RHOADS:   And will the 

24    sponsor continue to yield?

25                 ACTING PRESIDENT MAYER:   Do you 


                                                               6132

 1    continue to yield?  

 2                 SENATOR HARCKHAM:   Yes.

 3                 ACTING PRESIDENT MAYER:   The 

 4    sponsor yields.

 5                 SENATOR RHOADS:   Were there any 

 6    revisions or modifications to the bill that 

 7    appears before us today in comparison to the bill 

 8    that was actually introduced and passed by this 

 9    body -- and by the Assembly, incidentally -- back 

10    in 2024?  

11                 SENATOR HARCKHAM:   Through you, 

12    Madam President, no, there have not been.

13                 SENATOR RHOADS:   Will the sponsor 

14    continue to yield?

15                 ACTING PRESIDENT MAYER:   Do you 

16    continue to yield? 

17                 SENATOR HARCKHAM:   Yes.

18                 ACTING PRESIDENT MAYER:   The 

19    sponsor yields.

20                 SENATOR RHOADS:   Am I also correct 

21    in my understanding that after being passed in 

22    2023, in the '23-'24 session, by the Senate and 

23    the Assembly, the Governor actually vetoed this 

24    piece of legislation?  

25                 SENATOR HARCKHAM:   Through you, 


                                                               6133

 1    Madam President, that is correct.

 2                 SENATOR RHOADS:   Why is it being -- 

 3    will the sponsor continue to yield?

 4                 ACTING PRESIDENT MAYER:   Do you 

 5    continue to yield?  Senator Harckham, do you 

 6    continue to yield? 

 7                 SENATOR HARCKHAM:   Yes.

 8                 ACTING PRESIDENT MAYER:   The 

 9    sponsor yields.

10                 SENATOR RHOADS:   Why is the bill 

11    being reintroduced?  

12                 SENATOR HARCKHAM:   I'm sorry, could 

13    you repeat that, please?  

14                 SENATOR RHOADS:   Sure.

15                 Why is the bill being reintroduced?  

16                 SENATOR HARCKHAM:   Through you, 

17    Madam President.  The bill is being reintroduced, 

18    one, because the need is still there.  

19                 And I would just share a brief aside 

20    on the way this legislation came about.  I have 

21    three correctional facilities in my district 

22    which I visit annually, and I was meeting with 

23    PEF and CSEA members who are on the medical staff 

24    through OMH.  And they were telling me of the 

25    problems of having paper files -- our entire 


                                                               6134

 1    medical system and medical economy decades ago 

 2    transferred to an electronic system -- and this 

 3    was an impediment both to care and efficient 

 4    staff work.  

 5                 You know, often in here we hear that 

 6    we're not being responsive to the needs of folks 

 7    working in correctional facilities.  Well, this 

 8    bill came as a suggestion from folks working in 

 9    correctional facilities.

10                 So the need is still there.  The 

11    difference is in the budget yesterday, in fact, 

12    we passed $35.8 million for this purpose; there 

13    was just no Article VII language accompanying it.  

14    So this is just a two-sentence bill that directs 

15    the commissioner to do it, in consultation with 

16    DOH and OMH, and to promulgate rules.

17                 SENATOR RHOADS:   Thank you, 

18    Senator.  

19                 Will the sponsor continue to yield?  

20                 ACTING PRESIDENT MAYER:   Do you 

21    continue to yield? 

22                 SENATOR HARCKHAM:   Yes.

23                 ACTING PRESIDENT MAYER:   The 

24    Senator yields.

25                 SENATOR RHOADS:   Well, I certainly 


                                                               6135

 1    understand the motivation behind the bill, no 

 2    question about that.  

 3                 The Governor's veto message spelled 

 4    out the reason why, however, the bill was vetoed 

 5    in the initial instance, in that DOCCS as well as 

 6    the Office of Mental Health is already putting 

 7    together an electronic medical records system for 

 8    use in correctional centers.  

 9                 And her concern was that since this 

10    process is up to the RFP stage already, through 

11    your legislation having to restart the process, 

12    would require significant reengineering, would 

13    render the already-completed work obsolete, and 

14    would undo the substantial time and cost to the 

15    state that they've already invested to get it to 

16    the RFP stage.

17                 With that being the case, why are we 

18    reintroducing the legislation if it's something 

19    that's already being created by the state and 

20    funded through our budget yesterday?  

21                 SENATOR HARCKHAM:   Through you, 

22    Madam President, I reject, respectfully, that 

23    that is the case, that they do have to go back 

24    and undo everything.  

25                 This codifies it.  I believe we in 


                                                               6136

 1    the Legislature have responsibility to proscribe 

 2    what our agencies do.  We have seen time and 

 3    again agencies go down a path only to walk away 

 4    from a project.  

 5                 They started this eight years ago.  

 6    In 2018 is when they started this, eight years 

 7    ago.  And so there was a feeling among us on the 

 8    Majority side that it was time to step in and 

 9    codify this legislatively so this gets done once 

10    and for all.

11                 SENATOR RHOADS:   Thank you, 

12    Senator Harckham.  

13                 On the bill.

14                 ACTING PRESIDENT MAYER:   Senator 

15    Rhoads on the bill.

16                 SENATOR RHOADS:   The Governor's 

17    veto message was very clear.  It's not something 

18    I made up.  The veto message, No. 73, issued in 

19    2024 on November 22nd, indicated:  "While I 

20    recognize the need to align medical records 

21    across state agencies, this bill would be 

22    duplicative of an existing effort from the Office 

23    of Information Technology, which is working on 

24    separate electronic health record projects with 

25    DOCCS and the Office of Mental Health, exactly 


                                                               6137

 1    that this bill prescribes.  

 2                 "This bill would render the work 

 3    already completed obsolete, require significant 

 4    reengineering, and delay implementation of this 

 5    important work, all at a substantial and 

 6    unnecessary cost to the state, which is the 

 7    reason I therefore am constrained to veto this 

 8    bill."

 9                 It's an interesting dynamic.  What 

10    apparently is happening between the majorities in 

11    the Assembly and the Senate and the Governor's 

12    office is that they seem incapable of getting on 

13    the same page.

14                 Yesterday we just approved 36 -- 

15    $35.8 million for the very project that the 

16    Governor was talking about, a project that is at 

17    the RFP stage.  Which means all the preliminary 

18    work behind putting together a plan in order to 

19    issue the RFP and actually have companies bid on 

20    the right to perform the work, has already been 

21    performed.  

22                 And so now the concern from the 

23    Governor -- and it's odd that I ever, on this 

24    side of the aisle, align myself with anything 

25    that the Governor says or does -- that the 


                                                               6138

 1    Governor has indicated is already far enough 

 2    along that the passage of this bill would 

 3    actually cost the state additional resources and 

 4    would require them to backtrack.  

 5                 And I know that my colleague 

 6    Senator Harckham mentioned that this has already 

 7    taken eight years to come to fruition.  We 

 8    certainly can't start back at square one by 

 9    passing this legislation today and delaying this 

10    project even further.  

11                 So I will be voting no, 

12    Madam President, and I would encourage my 

13    colleagues to do the same.

14                 ACTING PRESIDENT MAYER:   Thank you, 

15    Senator Rhoads.

16                 Senator Martins, why do you rise?

17                 SENATOR MARTINS:   Just wondering if 

18    the sponsor would yield for a few questions.

19                 ACTING PRESIDENT MAYER:   Will the 

20    Senator yield?  

21                 SENATOR HARCKHAM:   Absolutely.

22                 ACTING PRESIDENT MAYER:   The 

23    Senator yields.

24                 SENATOR MARTINS:   Thank you, 

25    Madam President.  Through you.  


                                                               6139

 1                 Senator Harckham, can you tell us, 

 2    if you know, how much money has already been 

 3    spent on this effort to create electronic medical 

 4    records for incarcerated persons?  

 5                 SENATOR HARCKHAM:   Through you, 

 6    Madam President, we do not have that information.

 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 HARCKHAM:   Yes.

13                 ACTING PRESIDENT MAYER:   The 

14    Senator yields.  

15                 SENATOR MARTINS:   And, Senator, do 

16    you know whether that will include all persons 

17    who are incarcerated in New York State or whether 

18    there will be an option for persons to opt out 

19    and to continue to use paper records?

20                 SENATOR HARCKHAM:   Through you, 

21    Madam President.  We are unaware of what DOCCS 

22    has been working on for the last eight years 

23    other than the report that they are working on 

24    it.  

25                 But a uniform medical system for 


                                                               6140

 1    everyone in the system does not contemplate 

 2    opting out.  It's a uniform system so that when 

 3    someone goes from provider to provider to 

 4    provider, just the way we do through NYSHIP, 

 5    those medical records are there for that 

 6    provider.

 7                 SENATOR MARTINS:   Through you, 

 8    Madam President, if the sponsor would continue to 

 9    yield.

10                 ACTING PRESIDENT MAYER:   Do you 

11    continue to yield?  

12                 SENATOR HARCKHAM:   Yes.

13                 ACTING PRESIDENT MAYER:   The 

14    Senator yields.

15                 SENATOR MARTINS:   And with regard 

16    to certain medical data and information in a 

17    person's file, would that incarcerated person be 

18    able to unilaterally decide that they wanted to 

19    exclude information from their electronic record 

20    and not make it uniformly available so that 

21    future providers would have the benefit of being 

22    able to access that information?

23                 SENATOR HARCKHAM:   Through you, 

24    Madam President, this bill is neutral on that 

25    subject.  


                                                               6141

 1                 This bill simply directs DOCCS, DOH, 

 2    and OMH to develop a system and promulgate rules.  

 3    So this bill is silent on that question.

 4                 SENATOR MARTINS:   Last question, 

 5    Madam President, if the sponsor would yield for 

 6    one more.

 7                 ACTING PRESIDENT MAYER:   Do you 

 8    continue to yield? 

 9                 SENATOR HARCKHAM:   Yes.

10                 ACTING PRESIDENT MAYER:   The 

11    Senator yields.

12                 SENATOR MARTINS:   Senator, do you 

13    believe that the system is better if everyone 

14    participates in the electronic system without 

15    carveouts and removing information from their 

16    medical records?

17                 SENATOR HARCKHAM:   Through you, 

18    Madam President.  As I mentioned to the Senator 

19    before, this bill is neutral on that.  It simply 

20    tells the commissioner of OMH and DOH to develop 

21    a system and promulgate rules.

22                 So as the sponsor of this, I am not 

23    asserting one way or the other whether folks 

24    should opt in, should opt out, whether the system 

25    is better with that.  We'll leave that to the 


                                                               6142

 1    medical record professionals to develop.

 2                 SENATOR MARTINS:   Thank you, 

 3    Madam President.  On the bill.

 4                 ACTING PRESIDENT MAYER:   Senator 

 5    Martins on the bill.

 6                 SENATOR MARTINS:   And I thank 

 7    Senator Harckham.  Because, you know, we had this 

 8    debate just a week ago, maybe two weeks ago here 

 9    on the floor dealing with the integrity of 

10    medical records, electronic medical records, and 

11    the transition from paper to medical records and 

12    the ability of people to carve out different 

13    elements of those records unilaterally.  

14                 And I think we had a disagreement, 

15    obviously, across the aisle between the Majority 

16    and those of us who felt that the integrity of 

17    the system and the protections that the integrity 

18    of the system would provide for the patient 

19    themselves in the event that there were a need 

20    for intervention in the future, should supercede.  

21                 And here we are again, spending -- I 

22    heard a figure of $38 million had been allocated 

23    in yesterday's budget for an effort.  And 

24    obviously spending that money without preserving 

25    the integrity of the system seems rather futile 


                                                               6143

 1    if people can just circumvent and decide not to 

 2    participate in the process.

 3                 There either is a purpose to doing 

 4    this or there is not a purpose to doing this.  

 5    Either those persons that Senator Harckham 

 6    referred to who suggested the benefits in doing 

 7    this and moving away from paper -- either they 

 8    are right or they are not.  

 9                 And so either from a policy 

10    standpoint we should go dive into the integrity 

11    of a process that actually provides a system that 

12    protects people and allows for those medical 

13    records to be readily accessible by healthcare 

14    professionals, or we don't.

15                 And so in light of debates we've had 

16    on the floor here where that has been eroded, I 

17    hope that this effort doesn't lead us down that 

18    same road, Madam President.  

19                 I am supporting this bill because I 

20    do believe in the integrity of electronic medical 

21    records and I believe that we have committed to 

22    that.  I hope we don't take further steps to 

23    erode that effort, because I do think we're doing 

24    New Yorkers and our residents a disservice when 

25    we do that.


                                                               6144

 1                 Madam President, I vote aye.

 2                 ACTING PRESIDENT MAYER:   Thank you, 

 3    Senator.

 4                 Are there any other Senators wishing 

 5    to be heard?

 6                 Seeing and hearing none, debate is 

 7    closed.  The Secretary will ring the bell.

 8                 Read the last section.

 9                 THE SECRETARY:   Section 2.  This 

10    act shall take effect on the 180th 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:   In relation to 

18    Calendar 927, voting in the negative are 

19    Senators Borrello, Ortt, Rhoads, Tedisco and 

20    Walczyk.

21                 Ayes, 54.  Nays, 5.

22                 ACTING PRESIDENT MAYER:   The bill 

23    is passed.

24                 Senator Gianaris.  

25                 SENATOR GIANARIS:   Madam President, 


                                                               6145

 1    before we continue on with the controversial 

 2    calendar, please recognize Senator Skoufis.  

 3                 ACTING PRESIDENT MAYER:   Senator 

 4    Skoufis.

 5                 SENATOR SKOUFIS:   Thank you, 

 6    Madam President.  

 7                 I'd like to formally request that 

 8    Calendar Number 1286, Senate Bill 2294, be 

 9    starred until formal further notice.

10                 ACTING PRESIDENT MAYER:   Calendar 

11    Number 1286, S2294, is starred.

12                 Senator Gianaris.

13                 SENATOR GIANARIS:   Thank you, 

14    Madam President.  

15                 Congratulations to Senator Skoufis 

16    for starring a bill.

17                 Let's move on to Calendar 874, 

18    please.  

19                 ACTING PRESIDENT MAYER:   The 

20    Secretary will read.

21                 THE SECRETARY:   Calendar Number 

22    874, Senate Print 1280B, by Senator Krueger, an 

23    act to amend the General Business Law.

24                 ACTING PRESIDENT MAYER:   Senator 

25    Borrello, why do you rise?


                                                               6146

 1                 SENATOR BORRELLO:   Madam President, 

 2    I know that the sponsor is not here, but can 

 3    someone answer questions on this bill?

 4                 ACTING PRESIDENT MAYER:   Senator 

 5    Rivera, do you yield?  

 6                 SENATOR RIVERA:   As long as my 

 7    colleague is sure about it, that he wants to do 

 8    it, then yes, I'll -- yes, I yield.

 9                 ACTING PRESIDENT MAYER:   The 

10    Senator yields.  

11                 SENATOR BORRELLO:   I've never been 

12    so sure about anything in my life, so -- 

13                 SENATOR RIVERA:   Go ahead, buddy.

14                 SENATOR BORRELLO:   So first of all, 

15    I guess the first question is -- I know a lot of 

16    you folks down in the city don't have natural 

17    gas -- do you have a gas stove?  

18                 SENATOR RIVERA:   Through you, 

19    Madam President, I certainly do.

20                 SENATOR BORRELLO:   All right.  

21    Madam President, will the sponsor continue to 

22    yield?

23                 ACTING PRESIDENT MAYER:   Do you 

24    continue to yield?

25                 SENATOR RIVERA:   Yes.


                                                               6147

 1                 ACTING PRESIDENT MAYER:   The 

 2    Senator yields.  

 3                 SENATOR BORRELLO:   I do as well, 

 4    and I love my gas stove.  There's really no way 

 5    to finish a steak any better than a gas stove.  

 6    Certainly not an electric stove.  So maybe we can 

 7    agree on that, at least.  

 8                 But my concern is -- is that this is 

 9    a label requirement for a gas stove, a warning 

10    label.  I know.  Be still your beating heart.  

11                 There's actually a Biden-appointed 

12    federal judge that has issued an injunction 

13    against a similar law in Colorado, basically 

14    saying it's a violation of the 1st Amendment.  

15                 So why would we move this forward?  

16    Why would we not wait to see how that's been 

17    adjudicated first?  

18                 SENATOR RIVERA:   Through you, 

19    Madam President, a couple of things.  

20                 First, I did gasp over here, 

21    Madam President.  I did.  I stopped myself.  

22    Because yes, all this bill does is add a warning, 

23    either in a sticker that can be removed or on a 

24    box -- actually, on both.  The bill requires it 

25    on both, Madam President.  A warning, a simple 


                                                               6148

 1    warning.  That's what it does.

 2                 Now, as it relates to my colleague's 

 3    question, we know that there has been -- that 

 4    there was a legal action that was brought against 

 5    the State of Colorado, I believe, that was -- 

 6    they have their version of the bill.  We feel 

 7    pretty confident that this, since it's only a 

 8    label, Madam President, we feel pretty confident 

 9    it's okay.

10                 SENATOR BORRELLO:   Madam President, 

11    will the sponsor continue to yield? 

12                 ACTING PRESIDENT MAYER:   Do you 

13    continue to yield?

14                 SENATOR RIVERA:   Sure will.

15                 ACTING PRESIDENT MAYER:   The 

16    Senator yields.

17                 SENATOR BORRELLO:   I see the 

18    facetiousness with which you see this.  

19                 But I can tell you as a small 

20    business owner that the burdens that happen on 

21    businesses large and small, in this chamber and 

22    in this state, in this city, have driven out a 

23    lot of businesses, raised the price of a lot of 

24    things.  

25                 So if anything requires a warning 


                                                               6149

 1    label, it should be the budget we just passed.  

 2                 With that being said, let me ask 

 3    this question, then.  Who's supposed to pay this 

 4    fine?  It's really not clear.  Is it the 

 5    manufacturer, is it the wholesaler, is it the 

 6    retailer?  Who is supposed to attach this label?  

 7    And if it's not there, who's responsible for 

 8    paying the fine?

 9                 SENATOR RIVERA:   Through you, 

10    Madam President, the manufacturer.  

11                 And certainly, while I'm very -- 

12    certainly as concerned as my colleague is with 

13    impositions on small business, I don't think that 

14    a small business that I know of makes gas stoves.  

15    It probably is made by big companies that can 

16    probably afford to put a warning label --

17                 SENATOR BORRELLO:   Madam President, 

18    will the --

19                 SENATOR RIVERA:   Unless it's a 

20    golden one, Madam President, in which case -- and 

21    I don't think the bill includes that.  

22                 Sorry, go ahead.

23                 SENATOR BORRELLO:   Madam President, 

24    will the sponsor continue to yield? 

25                 ACTING PRESIDENT MAYER:   Do you 


                                                               6150

 1    continue to yield?

 2                 SENATOR RIVERA:   Yup.

 3                 ACTING PRESIDENT MAYER:   The 

 4    Senator yields.

 5                 SENATOR BORRELLO:   So it's the 

 6    manufacturer that's required to put this on.  It 

 7    doesn't seem clear in the language that it's the 

 8    sole responsibility of the manufacturer.  

 9                 Because at the end of the day, if we 

10    want the consumer, the person that's buying the 

11    stove that's going to install it, to understand 

12    the danger of buying a gas stove, then shouldn't 

13    that -- we have to make sure that the wholesaler 

14    keeps that label on, doesn't take it off, that 

15    the retailer keeps that label on, doesn't take it 

16    off.  

17                 Wouldn't that be a liability for all 

18    of them, and a potential fine?  How is the 

19    manufacturer going to know if the label ends up 

20    at the final destination of the retail floor?

21                 (Pause.)

22                 SENATOR RIVERA:   Through you, 

23    Mr. President.  There were a few -- there were a 

24    few parts to that question.  Let's break it down.  

25    If my colleague could give me the first part of 


                                                               6151

 1    the question, I wanted to make sure that I could 

 2    answer the correct one.  

 3                 If I'm not mistaken, the first part 

 4    of the question had to do with the -- with who 

 5    was supposed to put the warning label on the 

 6    thing?

 7                 SENATOR BORRELLO:   Who is 

 8    responsible -- Madam President, through you, a 

 9    clarification.  Who is responsible for that 

10    warning label to make sure that it is affixed to 

11    the end -- when it ends up in the hands of the 

12    consumer?  In other words, who will pay the fine?

13                 (Pause.)

14                 SENATOR RIVERA:   Through you, 

15    Madam President.  It will be the responsibility 

16    of the manufacturer.  

17                 And certainly much like those pesky 

18    stickers on mattresses -- remember those? -- the 

19    manufacturer makes sure that they are -- in the 

20    factory, that they are affixed to it.  And then 

21    the person who sells it does not yank it off.  

22                 The consumer can do whatever they 

23    want with it.  But the responsibility to affix it 

24    and to make sure that it's on both the product 

25    itself and the box or, you know, whatever it 


                                                               6152

 1    comes in, is the manufacturer.  

 2                 SENATOR BORRELLO:   Madam President, 

 3    will the sponsor continue to yield?  

 4                 ACTING PRESIDENT MAYER:   Do you 

 5    continue to yield?  

 6                 SENATOR RIVERA:   Yes.

 7                 ACTING PRESIDENT MAYER:   The 

 8    sponsor yields.

 9                 SENATOR BORRELLO:   Okay.  So it's 

10    the manufacturer's responsibility.  So is it -- 

11    but at the end of the day, it's -- the goal is to 

12    warn of the hazards of a natural gas stove to the 

13    final consumer.  

14                 What happens if that label somehow 

15    disappears, accidentally or on purpose?  Because 

16    it goes from the manufacturer to a distribution 

17    warehouse to a wholesaler to a retailer and then 

18    finally to the consumer.  Somewhere along the way 

19    in that supply chain, and in the transition, the 

20    transportation, that label could come off.  

21                 At the end of the day I don't think 

22    we're sending, you know, our version of the 

23    mattress police, the gas stove police, to the 

24    manufacturing facility, you know, in China or 

25    wherever it might be.


                                                               6153

 1                 They're going to find out whether or 

 2    not this label is affixed at the store.  

 3                 So how are we going to make the 

 4    manufacturer responsible for the label that our 

 5    mattress police, slash, gas stove police are 

 6    going to -- they obviously have to find it in the 

 7    retail location, right?  So how are they going to 

 8    be responsible for that?

 9                 SENATOR RIVERA:   Madam President, 

10    through you.  Most products -- I'm not sure what 

11    my colleague purchases, but most products that I 

12    purchase come enclosed somewhere.  They come in 

13    boxes which are sealed from the factory.  

14                 And so, since the bill requires that 

15    the manufacturers are the ones who actually put 

16    the thing in the box, put it in the box all the 

17    way over wherever they produce it.  It is 

18    unlikely in most cases, now, Madam President -- 

19    it may be different in other places, but I know 

20    that when I go to a store, certainly when I'm 

21    looking, let's say, at a refrigerator, and I'm 

22    looking at a refrigerator, they're not going to 

23    sell me -- unless in very specific circumstances 

24    they might sell me the one that's right there.  

25                 But more than likely they're going 


                                                               6154

 1    to sell me something that's in a box, that's 

 2    self-contained.  So the thing is sealed in there.  

 3                 Since this -- and as far as the box 

 4    is concerned, well, the box doesn't even have to 

 5    have a sticker.  It could have words that can be 

 6    printed right onto the box; therefore, it's much 

 7    less likely that they'll fall off.  

 8                 It seems that my colleague is 

 9    looking for some obscure thing -- again, that 

10    we're trying to do something which is more than 

11    what the bill intends to do.  Which is, again, to 

12    inform people about the potential dangers.  

13    Because it is true, it is not non-factual, it is 

14    factual that studies have for decades documented 

15    the health hazards that are involved, 

16    potentially, in a gas stove.  

17                 Which by the way, Madam President, 

18    as I said, I have one, and I have no intention of 

19    changing it.  I like to cook on my gas stove.  

20    And guess what?  If this bill passes and is 

21    signed into law, it will do absolutely nothing to 

22    change that.  

23                 And when that gas stove -- which is 

24    a newer one, so hopefully it will last for a long 

25    time.  But when it goes away, I probably will get 


                                                               6155

 1    another gas stove.  And this one, egads, 

 2    hopefully will have a little sticker on it that 

 3    I'll remove as soon as I begin -- before I begin 

 4    cooking, that will document for anybody who 

 5    purchases it, that there is a potential danger, 

 6    that there's health-harming pollutants like 

 7    carbon monoxide, nitrogen dioxide, formaldehyde, 

 8    and benzene that could come from me cooking on 

 9    that.  

10                 Now that I know that, 

11    Madam President, I will take the thing off and 

12    will make some fresh carbonara for you, for my 

13    colleague, and for anybody else that wants it.  

14                 SENATOR BORRELLO:   Madam President, 

15    will the sponsor continue to yield?

16                 ACTING PRESIDENT MAYER:   Do you 

17    continue to yield?

18                 SENATOR RIVERA:   I certainly will.

19                 SENATOR BORRELLO:   I am certain 

20    your carbonara will be fantastic.  

21                 But that being said, we still 

22    haven't really addressed how this is actually 

23    going to work.  

24                 You just got done saying you could 

25    print it on the box.  But then again, you know, 


                                                               6156

 1    if an appliance is delivered and installed by a 

 2    professional -- you know, my father did that as a 

 3    plumber, he installed appliances as well -- what 

 4    happens if the sticker's not there?  How are 

 5    we -- we're not going to be able to warn these 

 6    people of the dangers of a gas stove if it was 

 7    taken out of the box that had the warning printed 

 8    on it, outside the sight of the consumer, and 

 9    installed.  

10                 So now how is that installer 

11    responsible for warning them of the dangers of 

12    gas stoves?

13                 (Pause.)

14                 SENATOR RIVERA:   So, 

15    Madam President, again, in the very unlikely 

16    situation that there is -- the words that are 

17    printed on the box are not there, or the thing 

18    that is affixed, the sticker that is affixed to 

19    the actual stove, if it should come off, there 

20    is -- there is no -- there wasn't any funding 

21    yesterday in the budget, nor will there ever be a 

22    gas stove police function here in the State of 

23    New York.

24                 The bill allows for, in a situation 

25    where somebody is alleging that there's a 


                                                               6157

 1    violation, whomever they -- the -- for example, 

 2    the distribution, the distributor or the person 

 3    who sells it could be -- could have the 

 4    opportunity to be heard to be able to make the 

 5    case that they were not responsible for its 

 6    removal.  

 7                 It just seems to me to be like an 

 8    overly complicated thing.  It's a sticker.  I'm 

 9    not done.  It's a sticker, Madam President.  

10    Or -- or words on the box, the both of those 

11    things.  It's a sticker.

12                 SENATOR BORRELLO:   Madam President, 

13    will the sponsor continue to yield?

14                 ACTING PRESIDENT MAYER:   Do you 

15    continue to yield?

16                 SENATOR RIVERA:   Yup.

17                 ACTING PRESIDENT MAYER:   The 

18    Senator yields.  

19                 SENATOR BORRELLO:   But are we sure 

20    it's a sticker?  I mean, we don't really have 

21    anything -- how is this going to work?  Is it a 

22    sticker, is it a label, is it something that's 

23    going to hang off of one of the knobs that the 

24    consumer should take off?  

25                 And then who's going to be enforcing 


                                                               6158

 1    this rule?  Who's going to be the ones going out 

 2    there, policing this and assessing fines and 

 3    going after the manufacturer?  

 4                 So you've described a lot of 

 5    potential scenarios.  What's the bill actually 

 6    say has to be done in order for this to be 

 7    compliant?

 8                 SENATOR RIVERA:   Through you, 

 9    Madam President.  This bill is not -- not that my 

10    colleague is suggesting this, but this bill is 

11    not a way to just catch people in the act of 

12    removing these labels or stickers or what have 

13    you and then charging them a whole bunch of 

14    money.

15                 We're instead saying that if you're 

16    a manufacturer, that you're making these 

17    things -- which, again, scientific evidence 

18    exists that you potentially could be harmed by 

19    something that happens to it, like -- I also make 

20    a mean pizza, Madam President, from scratch.  I 

21    do.  And put it right in my oven over there.  

22    Which is also a gas oven, Madam President.  

23                 So if we do that, if we have a 

24    manufacturer who makes it and there is -- at some 

25    point between it being manufactured and being 


                                                               6159

 1    delivered to the consumer, the thing is off, it 

 2    is not like somebody is going to go, Aha, we 

 3    gotcha, there it is, now you owe us five grand or 

 4    whatever it is that the fine is.  The warning, 

 5    I'm sorry.  Warning, and then the fine.  So 

 6    there's a warning first, Madam President.  

 7                 There is no obscure situation here 

 8    that we're looking for.  Ultimately what this 

 9    bill aims to do is to just provide information to 

10    the consumer.  That's it.  There is no conspiracy 

11    here.  There's nothing that we're trying to see 

12    if we can catch somebody in the act of doing 

13    something inappropriate.

14                 We're simply saying you as a 

15    manufacturer, you're making a product which is a 

16    good product, which makes some good steaks, but 

17    you should just let folks know perhaps you should 

18    open the window.  You should just know that there 

19    are side effects that might come from what you 

20    cook here.  There might be some health-harming 

21    pollutants that are possible with you continuing 

22    to cook on this.  

23                 So we just want you to be informed 

24    of it.  But after you're informed, purchase that, 

25    purchase that bad boy, hook it up, make steaks 


                                                               6160

 1    for everybody, and God bless America.

 2                 SENATOR BORRELLO:   Madam President, 

 3    will the sponsor continue to yield?

 4                 ACTING PRESIDENT MAYER:   Do you 

 5    continue to yield?

 6                 SENATOR RIVERA:   Yup.

 7                 ACTING PRESIDENT MAYER:   The 

 8    Senator yields.

 9                 SENATOR BORRELLO:   I guess I'm 

10    still not understanding who is responsible within 

11    New York State government for compliance.  How 

12    will they be doing this?  Because at the end of 

13    the day, most of these appliances are not 

14    manufactured here anymore in the United States, 

15    sadly.

16                 And by the way, we have online 

17    retailers that could deliver a stove to your 

18    house in a box, and that wholesaler, that online 

19    retailer, could be in another state, another 

20    country.  

21                 Who is going to be responsible for 

22    enforcing this, and how?

23                 (Pause.)

24                 SENATOR RIVERA:   So, 

25    Madam President, through you.  So if we're going 


                                                               6161

 1    to get to technicalities, it would be either the 

 2    Department of State or the Attorney General who 

 3    would be -- who would have potentially the 

 4    responsibility to do this.  

 5                 But let's just be clear; we are not 

 6    asking for some sort of dragnet from either one 

 7    of those agencies to go and look to make sure 

 8    that if this becomes law that every single one of 

 9    them has it.  

10                 We're just saying to manufacturers, 

11    consumers should be informed about the choices 

12    that they're making.  They can continue to make 

13    the choice.  Nobody's banning nothin'.  We're 

14    just saying you should know what you're putting 

15    into your home, that simple.  

16                 There's sometimes, for example, 

17    in -- and we know this in poor neighborhoods like 

18    the ones that I live in, sometimes when the 

19    heat's not working, people will open up their 

20    ovens and they would leave them open, without 

21    anything in it, just to warm the house.  And we 

22    warn people not to do that because of the CO2 

23    that they're putting into their apartment 

24    building.  And by locking the doors and 

25    everything to try to make it hot, it could 


                                                               6162

 1    actually make them poisoned -- it might poison 

 2    them because of what they're doing to keep their 

 3    house warm.

 4                 So this is the type of thing that 

 5    can happen with any type of appliance.  And all 

 6    that we're saying is that people should be 

 7    informed about it, that people should have the 

 8    information.  They're still going to make the 

 9    choice.  They will.  I know I will.

10                 SENATOR BORRELLO:   Madam President, 

11    will the sponsor continue to yield? 

12                 ACTING PRESIDENT MAYER:   Do you 

13    continue to yield?

14                 SENATOR RIVERA:   Yup.

15                 ACTING PRESIDENT MAYER:   The 

16    Senator yields.  

17                 SENATOR BORRELLO:   So I guess the 

18    answer you gave to my original question was it's 

19    going to be either the Department of State or the 

20    Attorney General's office.  

21                 So they are going to have to create 

22    like a gas stove division?  Otherwise, how is 

23    this going to be enforced?  I don't understand 

24    it.

25                 SENATOR RIVERA:   Madam President, 


                                                               6163

 1    through you, no.  

 2                 If somebody says to the Department 

 3    of State or to the Attorney General, Hey, we 

 4    believe that there is this vast conspiracy to 

 5    remove these stickers from these foreign hordes 

 6    of appliances that are coming into our country, 

 7    then I guess they'll investigate and they'll 

 8    be -- they'll do what they need to do in that 

 9    regard.  

10                 Ultimately this is not -- these are 

11    the agencies that will be responsible for 

12    potentially enforcing this.  But this is not 

13    something that we're looking to create some sort 

14    of gotcha situation.  It is simply, once again -- 

15    through you, Madam President -- just to provide 

16    information to the consumer about what they're 

17    putting into their homes.  Which they can still 

18    continue to choose to do.

19                 SENATOR BORRELLO:   Madam President, 

20    will the sponsor continue to yield?

21                 ACTING PRESIDENT MAYER:   Do you 

22    continue to yield?

23                 SENATOR RIVERA:   Yeah.

24                 ACTING PRESIDENT MAYER:   The 

25    Senator yields.


                                                               6164

 1                 SENATOR BORRELLO:   Okay, so I think 

 2    you mentioned "vast conspiracy," but I don't 

 3    think that's going to be the case.  I think 

 4    someone's going to buy a gas stove, maybe 

 5    somebody goes to a store who doesn't like gas 

 6    stoves, and checking all the stoves to see if 

 7    there's a sticker on it, and then they're going 

 8    to call the Attorney General's office, allegedly, 

 9    or the Department of State, and say, I saw a gas 

10    stove or I bought a gas stove without the warning 

11    label, what are you going to do about it?  

12                 What happens when that gets 

13    triggered?  What going to happen next?

14                 SENATOR RIVERA:   Well, through you, 

15    Madam President, first of all, whomever's on the 

16    other side of the phone will probably roll their 

17    eyes a little bit.  And after they get through 

18    that, they'll say, All right, tell me about the 

19    situation that you're trying to describe.  

20                 And then they might investigate it, 

21    and they find that there's evidence of it, then 

22    they'll go to the law and the law would say that 

23    they would potentially receive a warning and that 

24    eventually, if that warning is not heeded -- in 

25    other words, if there's other instances of the 


                                                               6165

 1    same thing being found -- then the manufacturer 

 2    would be held responsible for just -- for not 

 3    having -- for not having them.  

 4                 Oh, $250, I'm sorry.  Two hundred 

 5    and fifty bucks.  I'm not sure if Whirlpool can 

 6    actually manage the $250, Madam President, 

 7    but that's how it potentially would happen.

 8                 SENATOR BORRELLO:   Madam President, 

 9    will the sponsor continue to yield?

10                 ACTING PRESIDENT MAYER:   Do you 

11    continue to yield?

12                 SENATOR RIVERA:   Yup.

13                 ACTING PRESIDENT MAYER:   The 

14    Senator yields.

15                 SENATOR BORRELLO:   So what if it's 

16    a used stove that you bought, the stove had the 

17    label, and now you're turning around and you're 

18    selling the stove without the label.  Is that 

19    person selling the stove now responsible for that 

20    $250 fine without a label on it?  

21                 SENATOR RIVERA:   Through you, 

22    Madam President, the shortest answer I will give 

23    today.  No.

24                 SENATOR BORRELLO:   Glad to hear it.

25                 All right.  Madam President, on the 


                                                               6166

 1    bill.

 2                 ACTING PRESIDENT MAYER:   Senator 

 3    Borrello on the bill.

 4                 SENATOR BORRELLO:   And I know we 

 5    have others that want to ask questions here.  

 6                 Look, folks, this is silly.  We all 

 7    know this is silly.  And the true evidence is 

 8    that there's no infrastructure here.  There's no 

 9    plan.  I couldn't get answers to something as 

10    simple as who's really responsible for this.  

11                 The manufacturer, okay, great.  So 

12    Whirlpool, whoever it might be -- you know, some 

13    Italian or Japanese or Chinese or Korean, we're 

14    going to go after them, we're going to send, you 

15    know, a group to go exact a $250 fine from 

16    somebody in another country?  

17                 I don't understand how this is going 

18    to work, because I don't think it's actually 

19    going to work.  And we've passed this bill 

20    before.  It's just ridiculous to think that this 

21    is actually going to do anything other than make 

22    some people feel good that we're allegedly 

23    warning people about a device that has been 

24    around for, I don't know, 70 years now, that now 

25    we're going to let them know that maybe you 


                                                               6167

 1    shouldn't buy one because it might cause a 

 2    problem.

 3                 So this is just a feel-good, 

 4    do-nothing bill that in the end isn't going to 

 5    warn anybody about anything they probably don't 

 6    already know.  But most importantly, it's going 

 7    to create, I think, a potential for this to go to 

 8    the next level, where they're going to start 

 9    fining people -- you know, retail stores.  

10                 It's very easy to buy something 

11    online and have it delivered to your house, have 

12    it installed.  But you know what?  Our 

13    brick-and-mortar retailers, they're the ones that 

14    are paying property taxes and employing people.  

15    They're the ones that keep our small communities 

16    alive and actually having, you know, economic 

17    activity, and this problem is going to be a 

18    burden on them at some point.  Because I don't 

19    think we really know who it's going to.  

20                 We even read through this bill, and 

21    it appears that we don't know who's actually 

22    supposed to pay this fine.  It makes the most 

23    sense that at the final point of sale, the retail 

24    location, they're the ones who are going to be 

25    held responsible for this.  That's really what's 


                                                               6168

 1    going to happen.  

 2                 Because if I was the manufacturer, I 

 3    would just simply say, Hey, that sticker was on 

 4    there when it left our facility.  I don't know  

 5    why it's not on at the retail level.  Because 

 6    that's the only place you're going to be able to 

 7    go and see whether or not there's a sticker on 

 8    there.  

 9                 And we don't know if it's a sticker.  

10    We don't know if it's printing on a box.  We 

11    don't know if it's some kind of like, you know, 

12    whatever, hermetically sealed -- if you broke 

13    this seal, don't buy this stove, because it might 

14    not have the warning label on it.  

15                 It's just absolutely ridiculous.  

16    But unfortunately, all too often, all too common, 

17    the things that come out of Albany are pretty 

18    ridiculous to the average commonsense person.  

19                 So I'll be voting no, like we did 

20    last time on this.  But I would certainly love to 

21    see some real, genuine answers to this.  I don't 

22    know, it's just a sticker -- if you knew the 

23    amount of burdens that we put on businesses in 

24    this state that pile up one after another after 

25    another, it's death by a thousand cuts.  And this 


                                                               6169

 1    is another one.  

 2                 So I'll be voting no.  Thank you.

 3                 ACTING PRESIDENT MAYER:   Senator 

 4    Murray, why do you rise?

 5                 SENATOR MURRAY:   Thank you, 

 6    Madam President.  Would the sponsor yield for a 

 7    few questions?  

 8                 SENATOR RIVERA:   Sure.

 9                 ACTING PRESIDENT MAYER:   Senator 

10    Rivera yields.

11                 SENATOR MURRAY:   Thank you, 

12    Madam President.  Through you.  

13                 So a similar bill was put in place, 

14    I believe -- or passed by the legislature out in 

15    California.  But the governor, Gavin Newsom, 

16    vetoed that legislation.  Are you familiar with 

17    that?  Do you know why he vetoed it?  

18                 SENATOR RIVERA:   Through you, 

19    Madam President.  This was in California?  I'm 

20    not Newsom, so no.

21                 SENATOR MURRAY:   Through you, 

22    Madam President, will the sponsor continue to 

23    yield?

24                 ACTING PRESIDENT MAYER:   Do you 

25    continue to yield?


                                                               6170

 1                 SENATOR RIVERA:   Yup.

 2                 ACTING PRESIDENT MAYER:   The 

 3    Senator yields.  

 4                 SENATOR MURRAY:   So let me move on 

 5    to the reason for targeting gas stoves.  So the 

 6    World Health Organization funded a 2024 study 

 7    that found that compared with electric stoves, 

 8    using electricity as opposed to using gas for 

 9    cooking or heating, it did not result in any 

10    higher risk estimate for asthma in children or in 

11    adults.  So --

12                 ACTING PRESIDENT MAYER:   Can I just 

13    clarify?  Are you asking a question?  

14                 SENATOR MURRAY:   No, I'm asking a 

15    question.

16                 ACTING PRESIDENT MAYER:   Yes, a 

17    question is being asked.  Thank you.  

18                 SENATOR MURRAY:   Based on that, why 

19    are we not requiring all stoves, not just gas but 

20    electric as well, to have this warning label if, 

21    according to the World Health Organization, it's 

22    equally at risk?

23                 SENATOR RIVERA:   Through you, 

24    Madam President.  First of all, that study did 

25    identify -- although I'm not familiar with it, 


                                                               6171

 1    this is why you surround yourself with smarter 

 2    people than yourself.  And in this case some of 

 3    these smart folks here have -- are familiar with 

 4    that study.  And in it, it does identify a lower 

 5    risk for electrical stoves.

 6                 But I certainly welcome my 

 7    colleague's introduction of a bill to do just 

 8    that for electric stoves as well.

 9                 SENATOR MURRAY:   Madam President, 

10    would the sponsor continue to yield.

11                 ACTING PRESIDENT MAYER:   Do you 

12    continue to yield?

13                 SENATOR RIVERA:   Yup.

14                 ACTING PRESIDENT MAYER:   The 

15    Senator yields.  

16                 SENATOR MURRAY:   Thank you.  

17    Through you, Madam President.  

18                 Well, the Lawrence Berkeley National 

19    Laboratory found that to eliminate risk, whether 

20    it be an electric or gas stove, the best way to 

21    do that would be through ventilation, just using 

22    the fan, the vent to do it, to remove basically 

23    all of the risk.  

24                 So why wouldn't we just educate the 

25    public on ventilating?


                                                               6172

 1                 SENATOR RIVERA:   Through you, 

 2    Madam President.  Funny that my colleague should 

 3    ask, because -- since, as the bill is written, 

 4    the actual wording on it, part of it is certainly 

 5    in the bill, but there could actually be a 

 6    determination made by the Department of State 

 7    when the actual label requirements are being 

 8    created that could add that language as well.  

 9                 So we could actually say to people, 

10    Hey, if you're going to, as I said earlier, 

11    continue to cook on a gas stove, then you should 

12    make sure that you open up that window, if you 

13    can, because that will make it a little bit less 

14    likely that you will have some of the concerns 

15    that exist with this type of stove.

16                 SENATOR MURRAY:   Madam President, 

17    will the sponsor continue to yield?

18                 ACTING PRESIDENT MAYER:   Do you 

19    continue to yield?

20                 SENATOR RIVERA:   Yup.

21                 ACTING PRESIDENT MAYER:   The 

22    sponsor yields.  

23                 SENATOR MURRAY:   Thank you.  

24                 Through you, Madam President.  So 

25    I'm glad we agree on the ventilation aspect.  


                                                               6173

 1                 So it goes back to begging the 

 2    question, then, why are we not requiring it for 

 3    all stoves?  The risk is virtually the same, 

 4    according to most of the studies.  So why aren't 

 5    we requiring it on every stove?

 6                 SENATOR RIVERA:   Through you, 

 7    Madam President.  Well, the bill is not mine.  It 

 8    is through our great and phenomenal colleague who 

 9    I hope is watching.  I'm not sure if it's this 

10    one or that one.  Liz, wherever you at, love ya!  

11                 So our colleague chose to introduce 

12    the bill related to gas stoves, but we certainly 

13    could in the future look at expanding it also to 

14    electrical stoves.  Because ultimately, 

15    Madam President, as I made clear earlier, this is 

16    not about stopping anybody from doing anything.  

17    This is just about making sure that people have 

18    information, that as consumers they're better 

19    educated.  And certainly ventilation is one of 

20    them.  

21                 But even when that is not the case, 

22    even when there is ventilation, there is still a 

23    risk, so people should just know it.  And, like 

24    myself, keep on cooking that steak on that gas 

25    stove.


                                                               6174

 1                 SENATOR MURRAY:   Madam President, 

 2    will the sponsor continue to yield?  

 3                 ACTING PRESIDENT MAYER:   Do you 

 4    continue to yield?

 5                 SENATOR RIVERA:   Yup.

 6                 ACTING PRESIDENT MAYER:   The 

 7    Senator yields.

 8                 SENATOR MURRAY:   Thank you.  

 9    Through you, Madam President.  

10                 So why not gas dryers?  There are 

11    many, many gas dryers where we dry our clothing.  

12    And usually they're in an enclosed laundry room 

13    or something that doesn't really  have great 

14    ventilation.  So are we requiring labels on those 

15    as well?

16                 (Pause.)

17                 SENATOR RIVERA:   Through you, 

18    Madam President, a couple of things.  

19                 Number one, it is not open 

20    combustion, so it is a different type of thing.  

21                 But second, I believe -- he's not in 

22    the room, but Senator Kavanagh has a bill related 

23    to those types of dryers, so you should ask -- 

24    our colleague should ask Senator Kavanagh.

25                 SENATOR MURRAY:   Madam President, 


                                                               6175

 1    would the sponsor continue to yield.  

 2                 ACTING PRESIDENT MAYER:   Do you 

 3    continue to yield?  

 4                 SENATOR RIVERA:   Yup.

 5                 ACTING PRESIDENT MAYER:   The 

 6    Senator yields.  

 7                 SENATOR MURRAY:   Thank you.  

 8                 Through you, Madam President.  How 

 9    about vacuum cleaners?  We're worried about 

10    breathing and asthma and problems like that.  A 

11    little known fact, I used to sell vacuum 

12    cleaners, believe it or not, going door to door.  

13                 I went to sell the vacuum cleaners 

14    and during my demonstration, I used to show every 

15    time you turn on that vacuum cleaner, the dust 

16    and everything that emits out of those bags, it 

17    would make you gag.  

18                 I will guarantee you, it's a lot 

19    more than anything emitting from a gas stove or 

20    dryer or electric -- why not warning labels on 

21    vacuum cleaners?  

22                 SENATOR RIVERA:   Through you, 

23    Mr. President.  My colleague is going to continue 

24    going down the list of things --

25                 SENATOR MURRAY:   Mm-hmm.


                                                               6176

 1                 SENATOR RIVERA:   -- that we might 

 2    need to put a warning on.  And I would say very 

 3    likely, if there is a danger in those things, 

 4    then we should put a warning on them.  

 5                 Because again, a warning label, 

 6    which is a piece of plastic or a piece of -- 

 7    even, in some cases, not even a piece of plastic, 

 8    because as I stated earlier, it could be written 

 9    on the box.  In this case it has to be on the box 

10    and in an actual sticker.  

11                 But say that my colleague introduces 

12    something related to safety -- you know, 

13    precautions that are to be not on a sticker 

14    but -- not even on a sticker, but on the box.  

15    Great, they're on the box.  So they're in the 

16    instruction booklet or whatever.  

17                 It is not meant to do anything but 

18    inform the consumer about what they're getting 

19    themselves into.  And it is in the interest of 

20    the consumer to have -- it should be in the 

21    interest of us, who care about our constituents, 

22    to have them have the most information possible.  

23                 It doesn't stop them from doing 

24    anything.  This will not stop anybody from buying 

25    a gas stove.  I don't know what my colleagues are 


                                                               6177

 1    having a conniption fit about.  I really don't.  

 2                 So, again, they can be a warning 

 3    label just to inform consumers about whether 

 4    there's a danger to this, a danger -- I don't 

 5    know that much about, you know, vacuum cleaners 

 6    myself, but if my colleague, as a former purveyor 

 7    of such accoutrement, knows about the dangers of 

 8    them, then they should put a bill together to put 

 9    a warning on them so that folks have the 

10    information increase to make better choices about 

11    what they purchase.

12                 SENATOR MURRAY:   Madam President, 

13    would the sponsor continue to yield.  

14                 ACTING PRESIDENT MAYER:   Do you 

15    continue to yield? 

16                 SENATOR RIVERA:   Yup.

17                 ACTING PRESIDENT MAYER:   The 

18    Senator yields.  

19                 SENATOR MURRAY:   Thank you.  

20                 Through you, Madam President.  Are 

21    you familiar with the process for manufacturing a 

22    gas stove?

23                 SENATOR RIVERA:   Through you, 

24    Madam President, I am not.

25                 SENATOR MURRAY:   Thank you.  


                                                               6178

 1                 Madam President, on the bill.

 2                 ACTING PRESIDENT MAYER:   Senator 

 3    Murray on the bill.

 4                 SENATOR MURRAY:   Thank you.  

 5                 And thank you, Senator Rivera.

 6                 So through this conversation with 

 7    myself and Senator Borrello, we've heard the 

 8    sponsor say how simple it is, it's so -- it's 

 9    just a sticker.  Yet he doesn't know the process 

10    for manufacturing stoves.  I'm guessing he 

11    doesn't know the process for distributing large 

12    appliances as well.  

13                 See, we live in a tri-state area, so 

14    when we do things like this and we require a 

15    specific thing for a product, whereas other 

16    states in the tri-state do not, it makes 

17    distribution extremely difficult.  

18                 So it's not simple.  It's not just a 

19    label.  The label doesn't magically jump onto the 

20    product or onto the box either.  There is cost 

21    involved in putting it together and in getting 

22    into the assembly line and putting a process in 

23    place, usually with machinery.  So again, not as 

24    simple as it seems.  

25                 I always find that the people that 


                                                               6179

 1    don't know are the ones that tell everyone else 

 2    how simple it is.  So it isn't simple.  But the 

 3    problem is this.  And the reason I was going down 

 4    the line of different products is because we can 

 5    do this all day, and unfortunately New York does.  

 6    There's a reason we have the nickname of the 

 7    nanny state.  It's because this is what we do.  

 8                 You know, 62 percent of the 

 9    households in New York have gas stoves.  They've 

10    been around for years and years and years and 

11    years.  If we're really worried about the health, 

12    then let's target some of the things, like the 

13    vacuum cleaners, like electric stoves, gas 

14    dryers.  I could go on and on and on.  

15                 I could, but I'm afraid because, if 

16    I do, we'll have a litany of bills that again 

17    will, as my colleague put it, basically make 

18    these small businesses or the big businesses die 

19    a death of a thousand cuts, because there will be 

20    bill after bill requiring all of these 

21    nanny-state things.  

22                 You know, it's funny, we talk about 

23    when we pick up a product -- you know, you'll 

24    pick up a hemorrhoid product and it has a warning 

25    that it's not to be taken orally.  And people 


                                                               6180

 1    laugh and say, Why would you even think that?  

 2    Well, because somebody made a bill requiring them 

 3    to do it.  

 4                 Now, you keep saying it's real 

 5    simple and everything, and yet there's a warning 

 6    the first time, then a civil penalty of $250 and 

 7    subject to a penalty of up to a thousand dollars.  

 8    We'll have the Department of State involved, 

 9    we'll have the Attorney General involved -- I'm 

10    telling you, it doesn't sound simple to me.  It 

11    sounds like quite a process.  

12                 So for that reason, Madam President, 

13    I think we need to just take a step back and -- 

14    you know, we're all adults.  We understand, when 

15    we're buying something, maybe do a little 

16    research -- is it dangerous, is it not.  

17                 But for the 62 percent of households 

18    in New York that have gas stoves, I haven't 

19    quaked in my boots.  I have one, so I feel pretty 

20    safe.  

21                 So I'll be voting no.  Thank you. 

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.


                                                               6181

 1                 Read the last section.

 2                 THE SECRETARY:   Section 4.  This 

 3    act shall take effect one year after it shall 

 4    have become a law.

 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, 

11    Madam President.

12                 So it is true, Madam President, and 

13    for my colleagues, it is true that maybe I was a 

14    little flippant as it relates to the simplicity 

15    of this.  

16                 But I would think that the idea that 

17    basically every product that you get already has 

18    things that are attached to it, already has words 

19    that are printed on it, already has stickers that 

20    we require on there because of all sorts of 

21    issues that have occurred in the past where 

22    private companies, for the sake of pursuing their 

23    own benefit and their own -- as they do, to 

24    pursue their own benefit and to pursue the most, 

25    you know, bang for their buck, they would cut 


                                                               6182

 1    corners if it wasn't for the fact that 

 2    government, whether it's the State of New York or 

 3    the federal government, actually curtails some of 

 4    the worst actions of the private sector and the 

 5    worst actions of private companies that just want 

 6    to make a buck.  

 7                 It means that there's a whole slew 

 8    of safety standards that would not exist -- that 

 9    is a fact.  That is a reality.  So it is true, it 

10    would add a step or two.

11                 Now, I would say to a company that 

12    is selling, you know, Whirlpool or whatever other 

13    company is selling, they're probably selling 

14    certainly all over the world and all over the 

15    country.  New York is probably a big market.  So 

16    there probably would be a way for them to say 

17    like if we're going to sell a hell of a lot of, 

18    you know, stoves or what have you, that we could 

19    probably, as they already probably do, have a 

20    process that's strictly for those so that they 

21    can add something that might not be necessary in 

22    other states or might not be necessary in other 

23    countries.  

24                 These are things that I think can 

25    certainly be achieved.  And ultimately, this is 


                                                               6183

 1    the thing.  This is -- as we have said in the 

 2    past, there's scientific studies that for decades 

 3    have established that there's health hazards in 

 4    gas stoves that can release harming pollutants 

 5    like carbon monoxide, nitrogen dioxide, 

 6    formaldehyde, benzene, et cetera.  And still it 

 7    makes a hell of a steak.  

 8                 And still, and saying it as somebody 

 9    who has a gas stove at home -- and I will not get 

10    an induction one, even if that one breaks, 

11    because it's a better cook for me.  So I'm going 

12    to continue to do that, whether this is the law 

13    or not.  

14                 And I would urge my colleagues to do 

15    the same thing, to keep getting it.  No problem 

16    whatsoever.  But ultimately this, as in many 

17    other pieces of legislation that we have approved 

18    in the State of New York and we will consider in 

19    the future, have to do with informing people so 

20    that just a consumer is prepared, they know what 

21    is good, what is bad, and they make the best 

22    choice possible for themselves and their 

23    families.  

24                 So yes, I will cook up some steak, I 

25    will cook up some carbonara, and I will continue 


                                                               6184

 1    to do it in a gas stove and hopefully, if mine 

 2    ever breaks, one that will have a sticker on it 

 3    that says, Hey, just so you know the risks 

 4    involved.  And I'll say I know the risks 

 5    involved, rip, let's cook up some carbonara, why 

 6    don't we.

 7                 I will vote in the affirmative.

 8                 Thank you, Madam President.  

 9                 ACTING PRESIDENT MAYER:   Senator 

10    Rivera to be recorded in the affirmative.

11                 Senator May to explain her vote.

12                 SENATOR MAY:   Thank you, 

13    Madam President.  

14                 I want to say, as Consumer 

15    Protection chair, I want to reassure my 

16    colleagues on the other side of the aisle, we 

17    know how to do labels in New York State.  

18                 If you buy packaged food that you 

19    want to cook on your gas stove, that package has 

20    to be labeled with the ingredients and the 

21    sell-by date of that food.  If you buy a vacuum 

22    cleaner that claims to meet the HEPA standards, 

23    which stands for high efficiency particulate air 

24    standards, it has to be labeled that it does 

25    that.


                                                               6185

 1                 So we know how to do this.  It's not 

 2    that hard.  You generally only buy one stove 

 3    in -- for your home at, you know, over many, many 

 4    years.  So one label isn't a huge deal.

 5                 I do want to say, though, we are 

 6    joined here by firefighter and actor and 

 7    all-round Renaissance man Tim Guinee.  Tim came 

 8    to my home last winter and he measured the 

 9    nitrogen dioxide emissions from my stove.  After 

10    10 minutes of the stove being on in my kitchen, 

11    the emissions had gone up by 13 times the 

12    baseline.  And they reached two and-a-half times 

13    the -- what was the safe limit set by the EPA for 

14    short-term exposure.

15                 Nitrogen dioxide is associated with 

16    13 percent of all childhood asthma cases in this 

17    country, as well as cardiovascular problems in 

18    adults, older people, and increased mortality 

19    from diabetes.

20                 Tim did not measure benzene, carbon 

21    monoxide, formaldehyde or particulate matter.  If 

22    he had, I might have been alarmed even more.  

23                 But I will say that electric stoves 

24    do not emit benzene, carbon monoxide, nitrogen 

25    dioxide or formaldehyde.  And so labeling them 


                                                               6186

 1    for these things wouldn't make any sense at all.

 2                 Many people enjoy cooking with 

 3    gas --

 4                 ACTING PRESIDENT PERSAUD:   Senator, 

 5    how do you vote?  

 6                 SENATOR MAY:   I was trying to speak 

 7    on the bill before, and Senator Gianaris said I 

 8    could have a little bit of extra time.  

 9                 Sorry.  I'm almost done.

10                 ACTING PRESIDENT PERSAUD:   Okay.

11                 SENATOR MAY:   Many people, 

12    including me, enjoy cooking with gas, but we 

13    should have full disclosure of the risks, 

14    especially with the health of children in the 

15    household or elderly folks.

16                 This is a minor requirement, and I 

17    want to thank Senator Rivera for his spirited 

18    defense of just putting stickers on a gas stove.  

19    It makes eminent sense.  It could save lives.  

20                 I vote aye.

21                 ACTING PRESIDENT PERSAUD:   Senator 

22    May to be recorded in the affirmative.  

23                 Announce the results.  No, hold on 

24    one sec.  

25                 Senator Weik to explain her vote.


                                                               6187

 1                 SENATOR WEIK:   Thank you, 

 2    Madam President.  

 3                 I recently bought a thing of 

 4    beauty -- it's an eight-burner, two-oven gas 

 5    unit.  And I'm a terrible cook, so of course it's 

 6    got the vent above it because I set everything on 

 7    fire.  

 8                 So when I bought this thing, of 

 9    course it's difficult to use, it comes with an 

10    instruction booklet.  So in the instruction 

11    booklet the warning you're talking about is 

12    already in that instruction booklet.  

13                 I also have the misfortune of having 

14    another place that I visit where I cook.  It's 

15    got an electric stove that I had to replace.  

16    Brand new electric stove, the only good part of 

17    it is it also acts as an air fryer.  

18                 Again, in that booklet it tells you 

19    all of the warnings of using an electric unit, 

20    just like when you buy a hair dryer or a curling 

21    iron.  It basically says don't stand in a full 

22    bathtub when you operate this item.  Not a joke, 

23    it's serious.  

24                 But yes, we have to put these 

25    things -- it's already in the instruction 


                                                               6188

 1    booklet.  I hope you take a look at the 

 2    instruction booklet, because this is a 

 3    duplicative requirement.  It's kind of an 

 4    anti-business thing that we're asking of -- 

 5    again, these warnings are already in the 

 6    instruction booklet for these units.  

 7                 And for that reason I'll be voting 

 8    no.

 9                 ACTING PRESIDENT PERSAUD:   Senator 

10    Weik to be recorded in the negative.

11                 Senator Murray to explain his vote.

12                 SENATOR MURRAY:   Thank you, 

13    Madam President.  

14                 First, let me say thank God 

15    Senator Rivera is okay.  You've cooked a lot of 

16    steaks on that dangerous, dangerous gas stove 

17    without any warning, but you managed to survive.  

18    So thank God you're with us.

19                 With that said, I'll also say this.  

20    Listen, we sit here and we hear how simple 

21    everything is, and then the suggestions by the 

22    Senator on how to distribute these products.  It 

23    isn't that simple.  

24                 When you're distributing, especially 

25    to a large market like New York, it's not just 


                                                               6189

 1    the New York market, it is the tri-state market.  

 2    When they bring these things in, they usually go 

 3    to a distribution center, which now the liability 

 4    is out of the hands of the manufacturer, it's now 

 5    to the distribution center.  

 6                 If they happen to bring a stove -- 

 7    that was supposed to go to Jersey -- by mistake 

 8    on their route to New York, they're now -- the 

 9    manufacturer is now going to be subjected to 

10    possible fines.

11                 What I'm saying here is it's not as 

12    simple as everyone likes to make it sound.  It is 

13    a process, and once again a process we're 

14    imposing on businesses over and over and over 

15    again.  And we wonder why these businesses are 

16    leaving the state.  This is why.  This is why.  

17    Because we are such a nanny state.  

18                 With that said, I know my time is 

19    almost up.  I'll also say Tim is a great guy.  I 

20    know he means well, and I appreciate all of his 

21    hard work.  

22                 With that said, I'm still a no.  

23                 ACTING PRESIDENT PERSAUD:   Senator 

24    Murray to be recorded in the negative.

25                 Announce the results.  


                                                               6190

 1                 THE SECRETARY:   In relation to 

 2    Calendar 874, voting in the negative are 

 3    Senators Borrello, Canzoneri-Fitzpatrick, Chan, 

 4    Gallivan, Griffo, Helming, Lanza, Martins, 

 5    Mattera, Murray, Ortt, Rhoads, Rolison, Ryan, 

 6    Scarcella-Spanton, Skoufis, Stec, Tedisco, 

 7    Walczyk, Weber and Weik.

 8                 Ayes, 38.  Nays, 21.

 9                 ACTING PRESIDENT PERSAUD:   The bill 

10    is passed.

11                 Senator Gianaris.

12                 SENATOR GIANARIS:   Okay, let's move 

13    on to Calendar 1072, please.

14                 ACTING PRESIDENT PERSAUD:   The 

15    Secretary will read.

16                 THE SECRETARY:   Calendar Number 

17    1072, Senate Print 9273, by Senator Krueger, an 

18    act to amend the Alcoholic Beverage Control Law.  

19                 ACTING PRESIDENT PERSAUD:   Senator 

20    Martins, why do you rise?

21                 SENATOR MARTINS:   Thank you, 

22    Madam President.  I was hoping that the sponsor 

23    would yield for a few questions.

24                 ACTING PRESIDENT PERSAUD:   Will the 

25    sponsor yield?


                                                               6191

 1                 SENATOR SKOUFIS:   I'm not the 

 2    sponsor, but on behalf of the sponsor, I'm 

 3    delighted to yield.

 4                 SENATOR MARTINS:   Filling in 

 5    today --

 6                 SENATOR SKOUFIS:   Yes.

 7                 ACTING PRESIDENT PERSAUD:   The 

 8    surrogate yields.

 9                 SENATOR MARTINS:   Thank you.  

10                 Madam President, through you.  

11    Senator, are you familiar with the "tied-house" 

12    laws in New York State?  

13                 SENATOR SKOUFIS:   Through you, 

14    Madam President, yes.

15                 SENATOR MARTINS:   Madam President, 

16    through you, if the sponsor would continue to 

17    yield.  

18                 ACTING PRESIDENT PERSAUD:   Will the 

19    Senator yield?

20                 SENATOR SKOUFIS:   Yes.

21                 ACTING PRESIDENT PERSAUD:   The 

22    Senator yields.

23                 SENATOR MARTINS:   So as I 

24    understand it, it's to prevent different layers 

25    or tiers from having undue influence with each 


                                                               6192

 1    other -- in this case, manufacturers, wholesalers 

 2    and retailers, to keep them separate.  

 3                 In this particular case we're being 

 4    asked to pass a law specific to a location, and 

 5    there isn't the necessary detail in the bill or 

 6    in the memo to express why we should be doing 

 7    that.  

 8                 And I was hoping you'd be able to 

 9    give us some details with regard to this 

10    location, the level of interaction between these 

11    tiers, so that we could have an informed vote.

12                 SENATOR SKOUFIS:   Through you, 

13    Madam President, I appreciate the question and 

14    I'll do my best to provide those details you're 

15    looking for.

16                 Basically, the specific property and 

17    company that we are looking to provide an 

18    exemption to here in this bill is Christie's 

19    Auction House at 20 Rockefeller Plaza, which I 

20    assume is in Senator Krueger's district.  

21                 They actually have a tied-house 

22    exemption that as part of this bill we are 

23    repealing and replacing with a different 

24    tied-house exemption.  And the purpose of this 

25    exemption is to allow for this auction house to 


                                                               6193

 1    sell wines.  

 2                 And the reason why this is needed is 

 3    because some of the ownership of Christie's 

 4    Auction House has partial ownership in vineyards 

 5    I believe overseas.

 6                 SENATOR MARTINS:   Thank you, 

 7    Madam President.  Thank you, Senator.  I 

 8    appreciate it.  

 9                 On the bill.

10                 ACTING PRESIDENT PERSAUD:   Senator 

11    Martins on the bill.

12                 SENATOR MARTINS:   So I -- again, 

13    I'm not opposed to this.  I just find it 

14    important that when we do receive a bill and we 

15    are making an exception -- and for those who 

16    aren't aware, in state law there is no 

17    discretion.  The SLA can't grant exemptions.  The 

18    only way that they can get it is to come here.  

19                 So it's important that we ask the 

20    questions.  What is the level of interference, 

21    what is the level of I guess co-mixing between 

22    the different tiers to make sure that there isn't 

23    going to be undue influence and we're not just 

24    agreeing to something without, quite frankly, 

25    understanding what it is we're being asked to do.  


                                                               6194

 1                 In this case, as I understand it, 

 2    there is a large international entity.  Part of 

 3    its ownership may own some portions of a vineyard 

 4    overseas, and as a result that would trigger the 

 5    tied laws here in New York State, not allowing 

 6    them to have an interest in a retail sales of 

 7    alcohol, wine, and the like.

 8                 So understanding this more 

 9    completely, Madam President, I'll be voting aye.

10                 Thank you, Senator Skoufis.

11                 ACTING PRESIDENT PERSAUD:   Thank 

12    you, Senator.

13                 Are there any other Senators wishing 

14    to be heard?  

15                 Seeing and hearing none, debate is 

16    closed.  Read the last section.

17                 THE SECRETARY:   Section 3.  This 

18    act shall take effect immediately.

19                 ACTING PRESIDENT PERSAUD:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT PERSAUD:   Announce 

23    the results.

24                 THE SECRETARY:   In relation to 

25    Calendar Number 1072, voting in the negative:  


                                                               6195

 1    Senator Martinez.

 2                 Ayes, 58.  Nays, 1.

 3                 ACTING PRESIDENT PERSAUD:   The bill 

 4    is passed.

 5                 Senator Gianaris.  

 6                 SENATOR GIANARIS:   Next up, 

 7    Calendar 1132, please.  

 8                 ACTING PRESIDENT PERSAUD:   The 

 9    Secretary will read.

10                 THE SECRETARY:   Calendar Number 

11    1132, Senate Print 9839, by Senator Baskin, an 

12    act to amend the Local Finance Law.

13                 ACTING PRESIDENT PERSAUD:   Senator 

14    Martins, why do you rise?

15                 SENATOR MARTINS:   Thank you, 

16    Madam President.  If the sponsor would yield for 

17    a few questions.

18                 ACTING PRESIDENT PERSAUD:   Will the 

19    sponsor yield?

20                 SENATOR BASKIN:   Yes, 

21    Madam President, I yield.  

22                 ACTING PRESIDENT PERSAUD:   The 

23    sponsor yields.  

24                 SENATOR MARTINS:   Thank you, 

25    Senator.


                                                               6196

 1                 In the budget that was voted on 

 2    yesterday, there was an amount that was included 

 3    in appropriations, that was included specifically 

 4    for the City of Buffalo.  Do you recall how much 

 5    that was?

 6                 SENATOR BASKIN:   I believe it was 

 7    25 million.  

 8                 (Pause.)

 9                 SENATOR BASKIN:   But 55 million in 

10    additional funding.  Through you, 

11    Madam President, 55 million in additional 

12    funding.

13                 SENATOR MARTINS:   Thank you.  

14                 Madam President, through you, if the 

15    sponsor would continue to yield.  

16                 ACTING PRESIDENT PERSAUD:   Will the 

17    sponsor yield?

18                 SENATOR BASKIN:   Yes, I yield.

19                 ACTING PRESIDENT PERSAUD:   The 

20    sponsor yields.  

21                 SENATOR MARTINS:   And, Senator, are 

22    you familiar with the Buffalo Fiscal Stability 

23    Authority?

24                 SENATOR BASKIN:   Through you, 

25    Madam President, yes, I am.


                                                               6197

 1                 SENATOR MARTINS:   Thank you.  

 2                 Through you, Madam President, if the 

 3    sponsor would continue to yield.

 4                 ACTING PRESIDENT PERSAUD:   Will the 

 5    sponsor yield? 

 6                 SENATOR BASKIN:   Yes.

 7                 ACTING PRESIDENT PERSAUD:   The 

 8    sponsor yields.

 9                 SENATOR MARTINS:   So can you tell 

10    us, what's the makeup of the fiscal authority?  

11    How long has it been in place?  How are those 

12    appointments made, if you know?  Just some 

13    background on this particular fiscal authority.

14                 SENATOR BASKIN:   Through you, 

15    Madam President.  The Buffalo Fiscal Stability 

16    Board has been enacted for decades.  It's made up 

17    of a variety of members that are appointed 

18    through recommendations to the Governor's office 

19    in the City of Buffalo.  And their primary 

20    purpose is to have oversight of the city's 

21    finances, mostly in the event of a fiscal crisis.

22                 SENATOR MARTINS:   Thank you.  

23                 Madam President, if the sponsor 

24    would continue to yield.  

25                 ACTING PRESIDENT PERSAUD:   Does the 


                                                               6198

 1    sponsor yield? 

 2                 SENATOR BASKIN:   Yes, I yield, 

 3    Madam President.  

 4                 ACTING PRESIDENT PERSAUD:  The 

 5    sponsor yields.

 6                 SENATOR MARTINS:   Thank you.  

 7                 In dealing with the Buffalo Fiscal 

 8    Stability Authority, there are times when it is 

 9    under a control period, and there are times when 

10    it is dormant.  Right now, can you tell us 

11    whether the authority is under a control period 

12    or whether it is in fact dormant?

13                 SENATOR BASKIN:   Through you, 

14    Madam President.  Currently the Buffalo Fiscal 

15    Stability Board members are not a -- what we call 

16    a hard board, where they are making complete 

17    decisions about the city's finances at this time.

18                 SENATOR MARTINS:   Thank you.  

19                 Madam President, through you, if the 

20    sponsor would continue to yield.  

21                 ACTING PRESIDENT PERSAUD:   Does the 

22    sponsor yield?

23                 SENATOR BASKIN:   Yes, 

24    Madam President.

25                 ACTING PRESIDENT PERSAUD:   The 


                                                               6199

 1    sponsor yields.  

 2                 SENATOR MARTINS:   So as I 

 3    understand it, there are a couple of instances in 

 4    which the board would go into a control period 

 5    and become active and take over the finances of 

 6    the city, I guess when they are in financial 

 7    distress or something of the like.

 8                 Are you familiar with what the 

 9    triggers are that would require the control board 

10    to take control of the city's finances?

11                 (Pause.)

12                 SENATOR BASKIN:   Through you, 

13    Madam President.  In order for the Fiscal 

14    Stability Board to be completely in control, the 

15    city has to carry and be in a deficit.  

16                 At this time, the city may have a 

17    projected deficit, but they do not have a current 

18    deficit.  The City of Buffalo's budget is 

19    balanced at the moment, which would explain why 

20    the Fiscal Stability Board is not currently 

21    enacted.

22                 SENATOR MARTINS:   Through you, 

23    Madam President, if the sponsor would continue to 

24    yield.  

25                 ACTING PRESIDENT PERSAUD:   Will the 


                                                               6200

 1    sponsor yield?

 2                 SENATOR BASKIN:   Yes, 

 3    Madam President.

 4                 ACTING PRESIDENT PERSAUD:   The 

 5    sponsor yields.

 6                 SENATOR MARTINS:   So as I 

 7    understand it, the control period can be declared 

 8    if the city is projected, projected, to incur a 

 9    substantial operating funds deficit and other 

10    things as well.

11                 Given the fact that yesterday the 

12    budget included, you know, 50 million-plus for 

13    the City of Buffalo for just that reason, do 

14    you -- are you saying that the control board has 

15    not declared a control period for the City of 

16    Buffalo?

17                 SENATOR BASKIN:   Currently the -- 

18    through you, Madam President, currently the 

19    City of Buffalo's budget is balanced.

20                 SENATOR MARTINS:   Okay.  

21    Madam President, through you, if the sponsor 

22    would continue to yield.

23                 ACTING PRESIDENT PERSAUD:   Does the 

24    sponsor yield?

25                 SENATOR BASKIN:   Yes.


                                                               6201

 1                 ACTING PRESIDENT PERSAUD:   The 

 2    sponsor yields.

 3                 SENATOR MARTINS:   So the city's 

 4    budget is balanced, but we just shelled out 

 5    $50 million to help them.

 6                 How about -- how many people sit on 

 7    the Buffalo Fiscal Stability Authority?

 8                 SENATOR BASKIN:   Through you, 

 9    Madam President, the board is made up of nine 

10    members.

11                 SENATOR MARTINS:   Thank you.  

12                 Madam President, through you, if the 

13    sponsor would continue to yield.  

14                 ACTING PRESIDENT PERSAUD:   Does the 

15    sponsor yield?

16                 SENATOR BASKIN:   Yes, 

17    Madam President, I yield.  

18                 ACTING PRESIDENT PERSAUD:   The 

19    sponsor yields.

20                 SENATOR MARTINS:   So the board has 

21    seven voting members, two ex officio members, 

22    which includes the mayor of the city and the 

23    county executive of the County of Erie.  

24                 The seven actual voting members are 

25    appointed by the Governor, three of them upon the 


                                                               6202

 1    recommendation each of the Senate Majority 

 2    Leader, the Speaker of the Assembly, and the 

 3    Comptroller, four being appointed by the 

 4    Governor, including the chair and the vice chair.

 5                 Can you tell me, of the seven 

 6    members who are appointed, how many of them -- 

 7    how many of those appointments are vacant right 

 8    now?

 9                 SENATOR BASKIN:   Through you, 

10    Madam President.  I don't have the number of 

11    vacancies currently on the Buffalo Fiscal 

12    Stability Board with me at the moment.

13                 SENATOR MARTINS:   Through you, 

14    Madam President, if the sponsor would continue to 

15    yield.

16                 ACTING PRESIDENT PERSAUD:   Does the 

17    sponsor yield?

18                 SENATOR BASKIN:   Yes, 

19    Madam President, I yield.

20                 ACTING PRESIDENT PERSAUD:   The 

21    sponsor yields.

22                 SENATOR MARTINS:   Senator, are you 

23    aware that the chair of the fiscal authority 

24    is -- that spot is vacant and has been vacant now 

25    for months, if not over a year?  


                                                               6203

 1                 SENATOR BASKIN:   Through you, 

 2    Madam President.  There may be an official 

 3    vacancy, but there has been an acting chair who 

 4    has been presiding over the Fiscal Stability 

 5    Board to date.

 6                 SENATOR MARTINS:   Madam President, 

 7    through you, if the sponsor would continue to 

 8    yield.

 9                 ACTING PRESIDENT PERSAUD:   Does the 

10    sponsor yield?

11                 SENATOR BASKIN:   Yes, 

12    Madam President.

13                 ACTING PRESIDENT PERSAUD:   The 

14    sponsor yields. 

15                 SENATOR MARTINS:   Are you familiar 

16    or aware that the vice chair of the authority is 

17    also vacant at this point?  Not only the chair 

18    but the vice chair as well, that spot is vacant 

19    and has not been appointed.

20                 SENATOR BASKIN:   Through you, 

21    Madam President.  It is not uncommon for 

22    government oversight boards that are voluntary to 

23    have vacancies.  Just because there is a vacancy 

24    in a particular seat, it does not mean that the 

25    board does not have leadership.


                                                               6204

 1                 SENATOR MARTINS:   Through you, 

 2    Madam President, if the sponsor would continue to 

 3    yield.

 4                 ACTING PRESIDENT PERSAUD:   Does the 

 5    sponsor yield?

 6                 SENATOR BASKIN:   Yes, Madam 

 7    President, I yield.

 8                 ACTING PRESIDENT PERSAUD:   The 

 9    sponsor yields.  

10                 SENATOR MARTINS:   To your 

11    knowledge, has the board or the authority met to 

12    address the request for the $50 million that was 

13    provided, as well as for this piece of 

14    legislation that we're being asked to vote on 

15    today, has -- have you received or has the Senate 

16    received any request on behalf of the Buffalo 

17    Fiscal Stability Authority for the authority that 

18    we're being asked to provide them, which is to 

19    borrow money?

20                 (Pause.)

21                 SENATOR BASKIN:   Through you, 

22    Madam President.  The bill before us is focused 

23    on a period of extension for the board to be able 

24    to do borrowing.  So a lot of my colleague's 

25    questions are really not focused on the bill that 


                                                               6205

 1    are before us.  

 2                 I will, through you, answer that the 

 3    Fiscal Stability Board did have a public meeting.  

 4    I believe that meeting was between 30 and 60 days 

 5    ago.  And in order for there to be business 

 6    before the board where they have to actually take 

 7    control of the city's finances or vote, the city 

 8    has to be in an official deficit.  And the city 

 9    currently has a balanced budget.

10                 SENATOR MARTINS:   We heard that.  

11                 Madam President, through you, if the 

12    sponsor would continue to yield.  

13                 ACTING PRESIDENT PERSAUD:   Will the 

14    sponsor yield? 

15                 SENATOR BASKIN:   Yes, 

16    Madam President, I yield.  

17                 ACTING PRESIDENT PERSAUD:   The 

18    sponsor yields.  

19                 SENATOR MARTINS:   So, Senator, who 

20    asked for this bill?  Who requested the bill?

21                 SENATOR BASKIN:   This bill came to 

22    be through conversations with the current mayor 

23    of the City of Buffalo.  

24                 SENATOR MARTINS:   Through you, 

25    Madam President, if the sponsor would continue to 


                                                               6206

 1    yield.  

 2                 ACTING PRESIDENT PERSAUD:   Does the 

 3    sponsor yield? 

 4                 SENATOR BASKIN:   Yes, 

 5    Madam President, I yield.

 6                 ACTING PRESIDENT PERSAUD:   The 

 7    sponsor yields.  

 8                 SENATOR MARTINS:   Aside from a 

 9    discussion with Mayor Ryan, were there any 

10    discussions with anyone on the Buffalo Fiscal 

11    Stability Authority with regard to what we're 

12    being asked to vote on here today?  

13                 Which is, by the way, to authorize 

14    the Buffalo Fiscal Stability Authority to 

15    borrow -- to not only extend their term, but to 

16    borrow up to $150 million.

17                 SENATOR BASKIN:   Through you, 

18    Madam President.  Just again for a point of 

19    clarity, the bill before us is a bill that 

20    extends the City of Buffalo's authority to bond 

21    for more than one year.  And this agreement has 

22    been in place for 40 years.  

23                 Could my colleague repeat his 

24    question?

25                 SENATOR MARTINS:   I will.  


                                                               6207

 1                 Madam President, through you, if the 

 2    sponsor would continue to yield.

 3                 ACTING PRESIDENT PERSAUD:   Does the 

 4    sponsor yield?

 5                 SENATOR BASKIN:   Yes, I yield.

 6                 ACTING PRESIDENT PERSAUD:   The 

 7    sponsor yields.

 8                 SENATOR MARTINS:   So if I do 

 9    understand correctly, and I may be wrong, but 

10    this bill authorizes the authority -- that is, 

11    the Buffalo Fiscal Stability Authority -- to 

12    borrow money, not the City of Buffalo itself, 

13    correct?

14                 SENATOR BASKIN:   No.  Through you, 

15    Madam President, my colleague is incorrect.

16                 (Pause.)

17                 SENATOR BASKIN:   The bill before 

18    us -- through you, Madam President, the bill 

19    before us allows for the City of Buffalo to 

20    extend their ability to bond in private sales for 

21    an additional year.  That is the bill before us.  

22                 There is a separate bill about 

23    deficit borrowing that has been introduced, but 

24    that is not the bill before us.  And my 

25    colleague's line of questioning is not germane to 


                                                               6208

 1    the topic of the bill before us.

 2                 SENATOR MARTINS:   So 

 3    Madam President, through you, if the sponsor 

 4    would continue to yield.

 5                 ACTING PRESIDENT PERSAUD:   Does the 

 6    sponsor yield?

 7                 SENATOR BASKIN:   Yes, 

 8    Madam President.

 9                 ACTING PRESIDENT PERSAUD:   The 

10    sponsor yields.

11                 SENATOR MARTINS:   So if a city has 

12    distress and requested $50 million in a grant 

13    from the State of New York and is now 

14    requiring -- or requesting the ability to borrow, 

15    while they have a fiscal control board, are you 

16    suggesting that we should ignore the 

17    fiscal control board and allow the city to 

18    continue to borrow without having a plan or 

19    oversight?  

20                 (Pause.)

21                 SENATOR BASKIN:   Through you, 

22    Madam President.  The bill before us is subject 

23    to oversight by the State Comptroller.

24                 SENATOR MARTINS:   Madam President, 

25    on the bill.


                                                               6209

 1                 ACTING PRESIDENT PERSAUD:   Senator 

 2    Martins on the bill.

 3                 SENATOR MARTINS:   You know, 

 4    Madam President, I'm sitting here reading the 

 5    bill.  I have it right here.  So I'm going to 

 6    take the opportunity to read the bill number, 

 7    Section 9839, which is the calendar number we 

 8    have here tonight, or this afternoon, 9839, which 

 9    is Calendar Number 1132, which is the bill we are 

10    debating here today.

11                 And it's an act to amend the 

12    Local Finance Law in relation to facilitating the 

13    marketing of any issue of serial bonds or notes 

14    of the City of Buffalo issued on or before a 

15    certain date, with the purpose being to authorize 

16    the Buffalo Fiscal Stability Authority to issue 

17    bonds between July 1, 2025, and June 30, 2029.  

18                 Right from the memo that's 

19    associated with the bill.

20                 So I would hope that I'd be able to 

21    get some answers to some questions about the 

22    Fiscal Stability Authority, because it is that 

23    which we are being asked to vote on today by the 

24    bill and the memo itself.  Not the City of 

25    Buffalo, but the Stability Authority.  


                                                               6210

 1                 And just think about what we're 

 2    going through here and the exercise we're going 

 3    through.  I have no issue whatsoever with 

 4    assisting a city in this state that is going 

 5    through a fiscal crisis and allowing the city the 

 6    opportunity to get its act together and to pay 

 7    its bills and to continue to provide services for 

 8    its residents, to continue to pay its public 

 9    employees, to continue to honor its contracts.  

10    None.  And I'm happy to support your efforts when 

11    that is in fact the case.

12                 But as I mentioned yesterday, if 

13    we're going to hand $50 million to a city and 

14    then we're going to say here on the floor of the 

15    Senate that they are -- they have a balanced 

16    budget and that they're not going through fiscal 

17    distress and somehow their fiscal board, which is 

18    a seven-member voting board where three of the 

19    members aren't there and haven't been reappointed 

20    by the Governor -- so you only have four people 

21    there -- they're asking for $50 million.  They're 

22    asking for the ability to borrow $150 million.  

23    The memo itself should serve as proof to this 

24    body that they are in fiscal distress, because it 

25    speaks to the need to get their fiscal house in 


                                                               6211

 1    order and be able to borrow so that they can put 

 2    a plan in place and to be able to phase in that 

 3    plan over several years.

 4                 So as we've done in the past, it 

 5    requires a plan.  If the state is going to come 

 6    in and provide money, going to come in and 

 7    provide the authority to borrow, it requires a 

 8    plan.  There has to be a restructuring plan.  

 9                 The idea that we have a request that 

10    comes before us and says, No, we're fine, we have 

11    a balanced budget, we're okay.  No, no, no, 

12    nobody can claim that we're in deficit or that 

13    we're in distress, just give us the $50 million.  

14    We're going to ignore -- we're going to ignore 

15    this fiscal stability board that was created by 

16    this body, and we're just going to allow that 

17    board, even though they haven't asked us for it, 

18    to borrow $150 million, is just odd.  

19                 The request came from the mayor of 

20    the city, a former colleague of ours, and I wish 

21    him well.  But that's not how this works.  You 

22    want to come in, declare the fact that you have 

23    an emergency, declare the fact that you need 

24    help, declare the fact that you're asking the 

25    rest of the state, the taxpayers of the rest of 


                                                               6212

 1    the estate to come up with the revenue to get you 

 2    over this hurdle.  That's fine.  

 3                 But show us what that plan looks 

 4    like.  Show us that you're serious about actually 

 5    refinancing or reworking your finances so that 

 6    you're able to make ends meet.

 7                 So what do we have?  We have a 

 8    $50 million ask.  You voted for that yesterday.  

 9    It's done.  The City of Buffalo will be getting 

10    their money.  Gap filled.

11                 But now we're being asked to let the 

12    city borrow up to $150 million, and not include 

13    the very board that this body, the Assembly and 

14    the Governor, this state placed on Buffalo to 

15    make sure that they had those safeguards in 

16    place.

17                 So as the city has been going 

18    through periods of distress over the course of we 

19    know years -- and again, I wish the mayor all the 

20    luck in the world, and we're here to support his 

21    efforts and the fiscal board's efforts in helping 

22    Buffalo meet their obligations.  

23                 But to come in here and to tell us 

24    the budget is balanced, they're not disastrous 

25    distressed, and there hasn't been a trigger for 


                                                               6213

 1    the Buffalo Fiscal Stability Authority to enter a 

 2    control period is a joke.

 3                 Madam President, we have other 

 4    control boards in this state, other control 

 5    boards that are in place, other control boards 

 6    that are active and are doing their job.  Before 

 7    we are asked to vote on whether or not to 

 8    authorize $150 million, we should have an idea of 

 9    what that plan looks like, what the 

10    responsibility is of that board, and help.  

11                 We should at least know that the 

12    board is fully constituted and meeting and 

13    engaged and actually working with the City of 

14    Buffalo, its mayor, its comptroller, in terms of 

15    coming up with solutions and alternatives to make 

16    sure that they get through this fiscal crisis.

17                 Madam President, if the sponsor 

18    would yield for a question.

19                 ACTING PRESIDENT MAYER:   Does the 

20    sponsor yield?

21                 SENATOR BASKIN:   Yes, 

22    Madam President, I yield.  

23                 ACTING PRESIDENT MAYER:   The 

24    sponsor yields.  

25                 SENATOR MARTINS:   Thank you.  


                                                               6214

 1                 Do you know how much debt the City 

 2    of Buffalo has currently?

 3                 SENATOR BASKIN:   As of a week ago, 

 4    the city comptroller has a projected deficit of 

 5    $103 million.  

 6                 SENATOR MARTINS:   Deficit of 

 7    103 million --

 8                 ACTING PRESIDENT MAYER:   Are you 

 9    asking if the Senator will yield?

10                 SENATOR MARTINS:   I'm just 

11    repeating the words, Madam President.  

12                 If the Senator will yield for 

13    further questions?

14                 ACTING PRESIDENT MAYER:   Will you 

15    yield for a further question?

16                 SENATOR BASKIN:   Yes, I yield.  

17                 ACTING PRESIDENT MAYER:   The 

18    Senator yields.

19                 SENATOR BASKIN:   Yes, I yield.  

20                 SENATOR MARTINS:   So the projected 

21    deficit is $103 million.  Do you know how much 

22    outstanding debt the city has currently for which 

23    it has outstanding bond obligations --

24                 SENATOR BASKIN:   Through you --

25                 SENATOR MARTINS:   Excuse me.  I'll 


                                                               6215

 1    leave it at that.

 2                 SENATOR BASKIN:   Through you, 

 3    Madam President.  The bill before us is about 

 4    capital borrowing.  And this chamber allows for 

 5    extensions on -- for authorities to be able to do 

 6    bonding and be able to have the powers to be able 

 7    to bond when the city will be in need, all the 

 8    time.  

 9                 And my colleague's line of 

10    questioning just does not align with what it is 

11    that we are actually voting on today, which is 

12    allowing the City of Buffalo to just extend for 

13    one year their ability to be able to go to the 

14    bond market should they so choose to do so.

15                 SENATOR MARTINS:   Thank you, 

16    Madam President.  

17                 And thank you, Senator Baskin.

18                 ACTING PRESIDENT MAYER:   Senator 

19    Martins, are you on the bill?  

20                 SENATOR MARTINS:   I am on the bill.

21                 ACTING PRESIDENT MAYER:   Senator 

22    Martins on the bill.

23                 SENATOR MARTINS:   So we're being 

24    asked to allow the city, I guess, under these 

25    circumstances -- there's a 100-plus-million 


                                                               6216

 1    dollar-projected deficit, Madam President.  There 

 2    is a request that the city be able to borrow 

 3    money directly.  The Fiscal Stability Authority 

 4    has not been engaged even though they have the 

 5    ability and, frankly, I would say the obligation 

 6    to engage when they find that there's a 

 7    substantial operating funds deficit or one that 

 8    exists or one that is projected.  

 9                 This body has already provided the 

10    City of Buffalo with $50 million through its 

11    budget voted on just yesterday.  And yet rather 

12    than go through the fiscal stability board that 

13    exists and that exists for the purpose of 

14    extending oversight over the city specifically 

15    for instances such as this, we're now giving 

16    the -- we're ignoring the fiscal stability board, 

17    which, by the way, is still there, and through 

18    legislative act giving the city the opportunity 

19    to go out and borrow that money themselves.

20                 Madam President, thank you for your  

21    time.  Senator Baskin, thank you for yours.  

22                 I wish, Madam President, that the 

23    memo reflected the bill itself.  Thank you.

24                 ACTING PRESIDENT MAYER:   Are there 

25    any other Senators wishing to be heard?  


                                                               6217

 1                 Seeing and hearing none, debate is 

 2    closed.  The Secretary will ring the bell.

 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                 Senator Gianaris.

15                 SENATOR GIANARIS:   Next up is 

16    Calendar 305.

17                 ACTING PRESIDENT MAYER:   The 

18    Secretary will ring the bell.

19                 The Secretary will read.  

20                 THE SECRETARY:   Calendar Number 

21    305, Senate Print 5939C, by Senator Skoufis, an 

22    act to amend the Public Health Law.

23                 ACTING PRESIDENT MAYER:   

24    Senator Ashby, why do you rise? 

25                 SENATOR ASHBY:   Madam President, 


                                                               6218

 1    would the sponsor yield?  

 2                 ACTING PRESIDENT MAYER:   Senator 

 3    Skoufis, do you yield?

 4                 SENATOR SKOUFIS:   Yes.

 5                 ACTING PRESIDENT MAYER:   The 

 6    Senator yields.

 7                 SENATOR ASHBY:   Through you, 

 8    Madam President.  Can you tell me how this bill 

 9    will impact the Essential Plan?

10                 (Pause.)

11                 SENATOR SKOUFIS:   While staff looks 

12    over their notes, I understand you have another 

13    question.  Would you like to go to that one?

14                 SENATOR ASHBY:   Through you, 

15    Madam President.  Can you tell me how this bill 

16    would impact Child Health Plus?  

17                 SENATOR SKOUFIS:   So let me answer 

18    both of those questions this way.  The bill 

19    before us is focused on commercial health plans.  

20    And we look to provide for the same floor as 

21    exists for Medicaid reimbursement.  

22                 Typically providers want way more 

23    than a Medicaid level of reimbursement.  If you 

24    go ask any hospital, any FQHC, any solo 

25    practitioner, the gold standard is commercial 


                                                               6219

 1    reimbursement amongst the payer mix, with 

 2    Medicare usually being second and Medicaid being 

 3    well below cost.  

 4                 In this case, what we've seen is 

 5    PBMs actually reimbursing pharmacies, and 

 6    especially those pharmacies that they do not have 

 7    vertical integration with -- because I remind my 

 8    colleagues that there are some PBMs that also own 

 9    pharmacies.  And what this bill looks to do is to 

10    simply set a floor at the Medicaid level of 

11    reimbursement, because many of these PBMs to many 

12    of these pharmacies are actually reimbursing 

13    below Medicaid and below the at-cost value of 

14    dispensing certain drugs, including lifesaving 

15    drugs like children's inhalers for asthma.

16                 And so to the extent that 

17    Child Health Plus or the Essential Plan is 

18    captured by what I just described, which again 

19    affects commercial plans, then that same impact 

20    would extend to those programs.

21                 SENATOR ASHBY:   Will the sponsor 

22    continue to yield?

23                 ACTING PRESIDENT MAYER:   Senator 

24    Skoufis, do you continue to yield?

25                 SENATOR SKOUFIS:   Yes.


                                                               6220

 1                 ACTING PRESIDENT MAYER:   The 

 2    Senator yields.  

 3                 SENATOR ASHBY:   Through you, 

 4    Madam President.  So what impact and cost would 

 5    it have on those two programs?

 6                 SENATOR SKOUFIS:   Through you, 

 7    Madam President.  In other states that have 

 8    advanced a proposal identical if not similar to 

 9    what we are debating right now, we have not seen 

10    premiums increase.  We have not seen an impact on 

11    costs in programs like the ones that we are 

12    talking about.  

13                 And I think that could be for a 

14    variety of reasons.  First, PBMs make their money 

15    predominantly in the reimbursements sort of side 

16    of their ledger, not through undercutting 

17    reimbursements below Medicaid levels to 

18    independent pharmacies.

19                 And furthermore, plans can tell 

20    PBMs -- if a PBM, after we pass this, comes to a 

21    health plan and says, Well, we want to charge 

22    this now to you, the health plan can simply say 

23    no.  And I suspect that health plans will have 

24    very little if any interest in making upwards 

25    adjustments so that PBMs can accommodate their 


                                                               6221

 1    profits despite only offering Medicaid-level 

 2    reimbursements.  

 3                 SENATOR ASHBY:   Thank you, 

 4    Senator Skoufis.

 5                 Thank you, Madam President.

 6                 ACTING PRESIDENT MAYER:   Thank you, 

 7    Senator.  

 8                 Are there any other Senators wishing 

 9    to be heard? 

10                 Seeing and hearing none, debate is 

11    closed.  The Secretary will ring the bell.  

12                 Read the last section.

13                 THE SECRETARY:   Section 5.  This 

14    act shall take effect January 1, 2027.

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 305, voting in the negative are 

22    Senators Ashby and Walczyk.

23                 Ayes, 57.  Nays, 2.

24                 ACTING PRESIDENT MAYER:   The bill 

25    is passed.


                                                               6222

 1                 Senator Gianaris.

 2                 SENATOR GIANARIS:   Next up, 

 3    Madam President, is Calendar 1312, once 

 4    Senator Kavanagh walks through that door.

 5                 ACTING PRESIDENT MAYER:   The 

 6    Secretary will read.

 7                 THE SECRETARY:   Calendar Number 

 8    1312, Senate Print 3233A, by Senator Kavanagh, an 

 9    act to amend the Election Law.

10                 SENATOR GIANARIS:   There he is.

11                 ACTING PRESIDENT MAYER:   Senator 

12    Borrello, why do you rise? 

13                 SENATOR BORRELLO:   Madam President, 

14    would the sponsor yield for some questions?  

15                 ACTING PRESIDENT MAYER:   Senator 

16    Kavanagh, do you yield?  

17                 SENATOR KAVANAGH:   Through you, 

18    Madam President, yes. 

19                 ACTING PRESIDENT MAYER:   The 

20    Senator yields.  

21                 SENATOR BORRELLO:   Thank you.  

22                 Through you, Madam President.  You 

23    know, as I read through this -- the modifications 

24    to this, it appears that this is going to 

25    severely limit who can challenge, you know, an 


                                                               6223

 1    absentee ballot or an affidavit ballot.  

 2                 So my concern is -- my first 

 3    question is, you know, if a candidate wants to 

 4    challenge the validity of an absentee ballot in 

 5    their race -- which is a standard practice, we 

 6    all know that -- how will this bill impact that?

 7                 SENATOR KAVANAGH:   Through you, 

 8    Madam President.  This bill will not meaningfully 

 9    restrict the ability of people to challenge.  

10                 It has several different provisions.  

11    It mostly addresses the circumstances in which 

12    people are doing challenges on the spot where the 

13    voters are present.  And it amends a portion of 

14    the law that lays out a very detailed process 

15    when somebody is asserting that someone is 

16    ineligible to vote and they're issuing a 

17    challenge.  

18                 And it first of all adds a very -- 

19    there's a thing called the preliminary -- there's 

20    a thing called the preliminary -- there's a 

21    preliminary portion of that process that adds a 

22    specific question about citizenship if that is 

23    the basis for the challenge.  And it allows then 

24    a series of questions to go through.

25                 It does create a much more formal 


                                                               6224

 1    process for a specific kind of challenge, which 

 2    is when people use -- there's a practice 

 3    sometimes people do where they send a large 

 4    volume of mail to people and then they get the 

 5    mail that's returned.  And then they say, well, 

 6    given that this piece of mail is returned, we're 

 7    going to challenge whether you live at that 

 8    address.  So it's a formal structure for that 

 9    process.

10                 But it does not change the fact that 

11    at a poll site, at any poll site, under current 

12    law unchanged by this, there is an inspector from 

13    each party, there's -- there are up to three 

14    poll watchers for any candidate.  And all those 

15    people will still be available and they'll still 

16    be able to issue challenges to voters that they 

17    have reason to believe are ineligible to vote.

18                 SENATOR BORRELLO:   Madam President, 

19    will the sponsor continue to yield?

20                 ACTING PRESIDENT MAYER:   Do you 

21    continue to yield?

22                 SENATOR KAVANAGH:   Yes, 

23    Madam President.  

24                 ACTING PRESIDENT MAYER:   The 

25    Senator yields.  


                                                               6225

 1                 SENATOR BORRELLO:   Section 8 here 

 2    reads:  "Information concerning the citizenship 

 3    status of individuals, when collected and 

 4    transmitted pursuant to this section, shall not 

 5    be retained, used or shared for any other purpose 

 6    except as may be required by law."

 7                 So -- and it also essentially says 

 8    that if someone fails to certify that they're an 

 9    actual citizen, which is what the qualification 

10    is to vote in New York State, that that shall be 

11    considered an innocent error.  And "Such person 

12    failing to certify United States citizenship 

13    shall not be considered as attempting to register 

14    to vote."

15                 So how can you -- how is this law 

16    assuming that someone who is not being truthful 

17    about their citizenship did so in error?

18                 SENATOR KAVANAGH:   First of all, 

19    just for those -- I'm sure there are many people 

20    following along at home, we're talking about 

21    Section 5 of the bill, which adds a new 

22    subdivision 8 to Section 8.504 -- 

23                 SENATOR BORRELLO:   Sorry, yes.

24                 SENATOR KAVANAGH:   Just to clarify.

25                 SENATOR BORRELLO:   I stand 


                                                               6226

 1    corrected.

 2                 SENATOR KAVANAGH:   No, just 

 3    clarifying where we are.

 4                 So yeah, there are a couple of very 

 5    distinct provisions here.  Actually, yes, this 

 6    bill provides -- in the first sentence of that 

 7    provision provides the information about 

 8    citizenship shouldn't be shared with other 

 9    authorities.  It doesn't mean the Board of 

10    Elections cannot use that information for the 

11    purpose for which it's collected, which is to 

12    determine the citizenship status of folks.  

13                 And there have been -- you know, 

14    we've had a number of initiatives recently that 

15    are intended not to make particular -- to make 

16    information about citizenship or suspicions of 

17    citizenship something that is broadly shared for 

18    purposes other than the reason it's collected.

19                 Just to be clear, information 

20    concerning citizenship status of individuals, 

21    when collected and transmitted pursuant to this 

22    section, this section is the section about 

23    developing challenges to voters.  There's nothing 

24    in this law that changes the fact that it 

25    continues to be a crime to -- attempt to -- to 


                                                               6227

 1    vote if you're not eligible to vote because of 

 2    citizenship.  

 3                 This is about the information that's 

 4    concerning citizenship collected pursuant to 

 5    8-504.  And it says to the extent that it's 

 6    collected by boards, they can retain it for their 

 7    -- they can use it for the purpose of verifying 

 8    eligibility to vote, but not for other purposes.  

 9    And not share it with other agencies, for 

10    example.

11                 The innocent-error thing -- again, 

12    there are three sentences.  The second sentence 

13    is about a poll worker or an inspector -- who, 

14    again, might be an inspector of either party, who 

15    generally do them as joint -- this process 

16    jointly.  But it's the failure to certify that an 

17    individual is a citizen of the United States 

18    shall be considered an innocent error.  

19                 And again, this is embedded in 

20    Section 8-504, which lists a series of 

21    specifically phrased -- there's actually 

22    statutory language that lists all the things that 

23    you're supposed to say to a voter before they 

24    certify they're eligible to vote.  And what we're 

25    saying is if the election worker doesn't say this 


                                                               6228

 1    out loud, that shall be considered an innocent 

 2    error.  

 3                 It does not, again, suggest that if 

 4    somebody willfully or intentionally permits 

 5    somebody to vote who's not eligible to vote -- 

 6    but this is like -- sort of like a sin of 

 7    omission.  If you fail to read those exact words, 

 8    from the perspective of the election worker, 

 9    that's an innocent mistake that isn't going to 

10    get the election worker in trouble.  

11                 The third sentence there is about 

12    the person failing to certify their citizenship.  

13    And again, that shall not be considered an 

14    attempt to register to vote.  

15                 And that is a reference to the fact 

16    that if I -- if I show up at a poll site and I 

17    believe I'm eligible to vote and I am challenged 

18    and they say "You're not on the voting rolls," I 

19    am sometimes given an affidavit ballot.  

20                 And we changed the law, an 

21    enterprising young Assemblymember named Kavanagh 

22    many years ago changed the law such that when 

23    you're given an affidavit ballot -- envelope, you 

24    can say "If I'm not on the list, I will use this 

25    affidavit envelope to register."  


                                                               6229

 1                 So what this is saying is if you 

 2    fail to certify that you're a citizen, then you 

 3    are ineligible -- then this -- that shall not be 

 4    construed as an attempt to vote if you say -- you 

 5    say you're not a citizen.  You don't say that 

 6    you're a citizen.  

 7                 SENATOR BORRELLO:   Madam President, 

 8    will the sponsor continue to yield?

 9                 ACTING PRESIDENT MAYER:   Do you 

10    continue to yield?

11                 SENATOR KAVANAGH:   Yes.

12                 ACTING PRESIDENT MAYER:   The 

13    Senator yields.  

14                 SENATOR BORRELLO:   Okay, I want to 

15    go back to what you said like 10 minutes ago -- 

16                 (Laughter.)

17                 SENATOR BORRELLO:   -- that -- that 

18    the information concerning citizenship, that they 

19    can retain that for the purposes of verifying 

20    citizenship.  

21                 But the -- specifically that 

22    subsection 8 says that if they -- once that 

23    information is collected, it cannot be retained.  

24    The word "retained" is right in line 12.  

25                 Isn't that a conflict with what you 


                                                               6230

 1    said?

 2                 SENATOR KAVANAGH:   Not be retained 

 3    for any other purpose --

 4                 SENATOR BORRELLO:   No, no, no.  No, 

 5    cannot be retained -- 

 6                 SENATOR KAVANAGH:   -- except as 

 7    required by law.

 8                 SENATOR BORRELLO:   It says "shall 

 9    not be retained, used or shared," but it starts 

10    with "retained."

11                 SENATOR KAVANAGH:   Right, it can't 

12    be --

13                 SENATOR BORRELLO:   So how do you --

14                 SENATOR KAVANAGH:   If it's 

15    collected -- sorry.  Through you, 

16    Madam President.  If it's collected for the 

17    purpose of complying with this law, which is all 

18    about determining whether people are eligible to 

19    vote, it can't be retained or transmitted -- it 

20    cannot be retained, used or shared for any other 

21    purpose.  

22                 But it's collected -- the "other" 

23    refers to not this section, which is the section 

24    of Election Law that's about determining whether 

25    you're eligible to vote.


                                                               6231

 1                 SENATOR BORRELLO:   Thank you.  

 2                 Madam President, will the sponsor 

 3    continue to yield? 

 4                 ACTING PRESIDENT MAYER:   Do you 

 5    continue to yield?

 6                 SENATOR KAVANAGH:   Yes, 

 7    Madam President.

 8                 ACTING PRESIDENT MAYER:   The 

 9    Senator yields.

10                 SENATOR BORRELLO:   So last 

11    question, based on your previous answer.  So if 

12    someone -- if an election worker fails to ask the 

13    necessary questions to verify the citizenship of 

14    a voter, this will automatically be considered an 

15    innocent error.  

16                 How are we knowing the intent is an 

17    innocent error?  How -- how is that assumption 

18    made for the purpose of this change to the law?  

19    Why are we making that assumption?  Shouldn't 

20    there be a level of fear of consequence if 

21    someone does have nefarious intentions?

22                 SENATOR KAVANAGH:   And we -- this 

23    is -- this provision deals with the situation at 

24    a poll site where the election officials who have 

25    to administer a lengthy oath that is in statute 


                                                               6232

 1    fail to affirmatively say the words about 

 2    citizenship.  

 3                 And we're saying that is an innocent 

 4    error.  Because we don't want our harried 

 5    election workers, who have to read the words that 

 6    are in this statute, to get in trouble if they 

 7    fail to certify that.

 8                 If they -- if there was some 

 9    evidence that they intentionally invited people 

10    to vote or they snuck the person in, 

11    notwithstanding the fact that there are both 

12    parties represented, that would be a different 

13    matter.

14                 This is just saying -- again, in a 

15    provision of law, Section 8-504, that has 

16    multiple oaths that you might have to administer 

17    in different circumstances, we're actually adding 

18    an extra oath about citizenship to that law right 

19    now in this bill.  

20                 So we're not trying to skirt the 

21    need to confirm citizenship.  We're in fact 

22    enhancing that.  But if they fail to 

23    affirmatively certify that, they are not presumed 

24    to have made an error merely by failing to 

25    certify that.  Not to make a pernicious error, 


                                                               6233

 1    it's an -- it's considered an innocent mistake.

 2                 SENATOR BORRELLO:   Madam President, 

 3    on the bill.

 4                 ACTING PRESIDENT MAYER:   Senator 

 5    Borrello on the bill.

 6                 SENATOR BORRELLO:   Thank you, 

 7    Senator Kavanagh.  I'm always impressed with the 

 8    level of knowledge you have on all of these 

 9    things.  

10                 And so that being said, this was 

11    brought to the attention -- to us by some 

12    elections professionals that have concerns about 

13    this.  So I bring it up to say that the 

14    perception is this is going to loosen and not 

15    tighten the process here to ensure integrity in 

16    that election.  

17                 So if that's the case, then I really 

18    think this should be looked at again.  Because it 

19    sounds like my impression and Senator Kavanagh's 

20    impression were diametrically opposed.  

21                 Therefore, I think that this -- 

22    whether it was intentional or not needs to be 

23    tightened up and strengthened so people have that 

24    confidence that this is indeed going to 

25    strengthen and not weaken our election integrity.  


                                                               6234

 1                 So with that, I will be voting no.  

 2                 Thank you, Madam President.

 3                 ACTING PRESIDENT MAYER:   Senator 

 4    Martins, why do you rise?

 5                 SENATOR MARTINS:   Thank you, 

 6    Madam President.  If the sponsor would yield for 

 7    a few questions.

 8                 ACTING PRESIDENT MAYER:   Senator 

 9    Kavanagh, do you yield?

10                 SENATOR KAVANAGH:   Yes, succinctly, 

11    Madam Speaker -- or Madam President, I will 

12    yield.  

13                 ACTING PRESIDENT MAYER:   The 

14    Senator yields.

15                 SENATOR MARTINS:   Thank you, 

16    Senator.

17                 You know, I feel pretty strongly -- 

18    extremely strongly that for every person who 

19    votes who shouldn't vote, they are diluting a 

20    vote from someone who had a right to vote, and 

21    therefore stealing that person's voice.  

22                 I know oftentimes in this house 

23    the -- the -- that it's expressed frankly the 

24    same sentiment, but in an opposite view.  But I 

25    believe that we need to protect the ability of 


                                                               6235

 1    people who shouldn't vote not to vote.  That is, 

 2    prevent them from voting and -- in order not to 

 3    dilute the rights of people who have a right to 

 4    vote.  

 5                 And my concern with this -- well, 

 6    first of all, do you agree?

 7                 SENATOR KAVANAGH:   Through you, 

 8    Madam President, I agree.

 9                 SENATOR MARTINS:   Thank you.  

10                 Madam President, through you, if the 

11    sponsor would continue to yield.  

12                 ACTING PRESIDENT MAYER:   Do you 

13    continue to yield?  

14                 SENATOR KAVANAGH:   Yes, 

15    Madam President.

16                 ACTING PRESIDENT MAYER:   Senator 

17    Kavanagh yields.

18                 SENATOR MARTINS:   And so, you know, 

19    we've all been to polling places in the past.  

20    It's part of, I guess, an occupational hazard for 

21    all of us that we spend a bit of time there.  

22                 And I find that oftentimes it's 

23    those very people that are there in the polling 

24    place that have a sense of their community and 

25    know if so-and-so shows up to vote and says that 


                                                               6236

 1    they live at 123 Main Street and you live a 

 2    couple of houses away and you know that that 

 3    person isn't familiar to you, you have an 

 4    obligation, I would think, to challenge that 

 5    person as to whether or not they actually in fact 

 6    live in that location.  

 7                 Don't you agree?

 8                 SENATOR KAVANAGH:   I generally 

 9    agree that that is an appropriate thing for 

10    somebody with information that they think -- I'm 

11    not sure I'd call it an obligation, but I think 

12    that is a part of the process.  And this bill 

13    doesn't change that.  And I think that's a fine 

14    part of the process.

15                 SENATOR MARTINS:   Through you, 

16    Madam President, if the sponsor would continue to 

17    yield.  

18                 ACTING PRESIDENT MAYER:   Do you 

19    continue to yield?

20                 SENATOR KAVANAGH:   Yes, 

21    Madam President.

22                 ACTING PRESIDENT MAYER:   The 

23    sponsor yields.

24                 SENATOR MARTINS:   And yet if this 

25    bill is to proceed, it would limit the types of 


                                                               6237

 1    questions that can be asked, the form that it can 

 2    be asked, and limit the ability of that person to 

 3    intervene in order to prevent someone who they 

 4    believe should not be voting from voting.

 5                 SENATOR KAVANAGH:   Through you, 

 6    Madam President, there we disagree.

 7                 This bill limits a particular manner 

 8    of challenging people's address, which is sending 

 9    a large volume of mail out into the world and 

10    then sort of brandishing a returned piece of 

11    mail.  It is not about having personal knowledge, 

12    because you live on the street, that that person 

13    doesn't live there.  

14                 And it creates a structure so that 

15    that information can be properly reviewed and 

16    used.  Just as, for example, we don't allow 

17    people to challenge people's petition signatures 

18    on the spot, there's a process.  

19                 And I think this is similar to that, 

20    but it does not limit the ability for somebody to 

21    point out evidence that somebody doesn't live on 

22    the street or to ask that question, or the 

23    current process where people have oaths 

24    administered and if there's a doubt, they can be 

25    given an absentee ballot -- an affidavit ballot 


                                                               6238

 1    so it can be decided later.

 2                 SENATOR MARTINS:   Madam President, 

 3    through you, if the sponsor would continue to 

 4    yield.  

 5                 ACTING PRESIDENT MAYER:   Do you 

 6    continue to yield?

 7                 SENATOR KAVANAGH:   Yes, 

 8    Madam President.

 9                 ACTING PRESIDENT MAYER:   The 

10    Senator yields.  

11                 SENATOR MARTINS:   So if a mailing 

12    goes out, a political mailing is sent out and a 

13    piece of mail is returned as undeliverable or 

14    that the person no longer lives at that address, 

15    would that trigger a requirement under this 

16    statute -- under this bill?

17                 SENATOR KAVANAGH:   Through you, 

18    Madam President.  This bill deals with 

19    circumstances where somebody sends a mailing with 

20    the intent of using it for challenges or with a 

21    reasonable expectation that that's the purpose of 

22    the mailing.

23                 So if you -- if someone comes into 

24    possession of information that demonstrates that 

25    that somebody doesn't live at a particular 


                                                               6239

 1    address -- not through this particular practice, 

 2    which has become something that, you know, people 

 3    have used in recent years -- then that 

 4    information can still be presented.

 5                 SENATOR MARTINS:   I'm sorry, 

 6    that --

 7                 SENATOR KAVANAGH:   The 

 8    information -- if you have information that 

 9    indicates I live on Main Street and they say they 

10    live on Main Street but I know they don't live on 

11    Main Street because Mrs. Jones moved into that 

12    house last week, that information can be still 

13    presented.  

14                 If I have a piece of mail that's 

15    been returned, this bill does not necessarily 

16    deal with an individual piece of mail.  But 

17    there's a presumption that if you're sending 

18    large volumes of mail for the purpose of 

19    generating challenges, then you notify -- you 

20    provide a copy of the mail and you provide the 

21    list of people you send it to in advance so all 

22    parties can review that and determine how it's 

23    being used.

24                 SENATOR MARTINS:   Through you, 

25    Madam President, if the sponsor would continue to 


                                                               6240

 1    yield.

 2                 ACTING PRESIDENT MAYER:   Do you 

 3    continue to yield?

 4                 SENATOR KAVANAGH:   Yes, 

 5    Madam President.

 6                 ACTING PRESIDENT MAYER:   The 

 7    sponsor yields.

 8                 SENATOR MARTINS:   But just to be 

 9    clear, if you do send out mail, political mail, 

10    and it is returned and you collect those returned 

11    pieces, then with the intent of pursuing it, but 

12    it wasn't your intent when you sent out the mail, 

13    but it is your intent once you get those pieces 

14    back, you would not have to comply with the 

15    requirements of this bill, right?

16                 SENATOR KAVANAGH:   You would -- 

17    there might be a question of fact whether you 

18    knew or whether you intended that or reasonably 

19    knew that that mail would be used.  Somebody 

20    might be skeptical if your campaign is using 

21    returns, you presumably knew you'd get returns 

22    and now you're using them to challenge.

23                 But the bill deals with the 

24    situation where you either expressly intended the 

25    mail to be used in that way or reasonably 


                                                               6241

 1    anticipated that it would be used in that way.

 2                 I would suggest that if I'm a 

 3    campaign that intends to use that mail, it would 

 4    be logical to -- and this statute passes, it 

 5    would be logical to comply with this statute and 

 6    say, Here's a copy of a piece of mail and here's 

 7    who we sent it to, and we intend to use it as 

 8    challenges.  And then the process would proceed.

 9                 ACTING PRESIDENT MAYER:   Through 

10    you, Madam President, if the sponsor would 

11    continue to yield.  Do you continue to yield?

12                 SENATOR KAVANAGH:   Yes, 

13    Madam President.

14                 ACTING PRESIDENT MAYER:   The 

15    sponsor yields.  

16                 SENATOR MARTINS:   So just -- so 

17    every campaign in New York State for every level 

18    of state government, local government, or federal 

19    government that sends out a piece of mail and -- 

20    and -- for campaign purposes, and then expects 

21    there may be, because there invariably is, as we 

22    all know, pieces of mail that come back, in order 

23    to be safe, are you suggesting that every 

24    campaign send every campaign piece to the Board 

25    of Elections with a list of who they sent it to, 


                                                               6242

 1    in the off chance that some of those pieces may 

 2    come back and they may want to challenge whether 

 3    or not something actually lives where they say 

 4    they live?  

 5                 SENATOR KAVANAGH:   They may.  And 

 6    if they want to be challenging that voter's right 

 7    to vote on Election Day at the poll site by 

 8    telling a voter who is presenting themselves as 

 9    eligible to vote, that they're not going to be 

10    allowed to vote today -- if they want to use the 

11    mail for that purpose, then yes, a good practice 

12    would be for them to indicate that they intend 

13    to -- they intend to do that.

14                 SENATOR MARTINS:   Madam President, 

15    through you -- you know what?  I appreciate it.  

16    Thank you very much to the sponsor.  

17                 Thank you, Madam President.  On the 

18    bill.

19                 ACTING PRESIDENT MAYER:   Senator 

20    Martins on the bill.

21                 SENATOR MARTINS:   So we started out 

22    our discussion with a very simple premise.  By 

23    allowing somebody who shouldn't have a right to 

24    vote, whether because they don't live there or 

25    because of citizenship they don't have a right to 


                                                               6243

 1    vote -- those are the primary characteristics 

 2    eliminating a person's ability to vote currently.  

 3    There are others; we'll focus on those.

 4                 If we can identify that someone 

 5    should not be voting, what this bill does is it 

 6    handcuffs us and it handcuffs the local community 

 7    members, boards of elections, parties, 

 8    candidates, from being able to say, Stop, you 

 9    can't vote.  You don't have a right to vote.

10                 Requiring the off-chance erring on 

11    the side of providing layers of bureaucracy, 

12    providing details to the Board of Elections for a 

13    condition of being able to safeguard what 

14    everyone in this body has always regarded as 

15    being a sacrosanct right, the right to vote, also 

16    means making sure that those who shouldn't be 

17    voting don't.

18                 So I question why it is that we 

19    would put those obligations on this process.  

20    Because it should be everyone's responsibility -- 

21    all of us, certainly everyone back home, and 

22    those who care -- to ensure that only people who 

23    are entitled to vote actually do vote.  Whoever 

24    they happen to be.  

25                 So the idea that we're going to 


                                                               6244

 1    require, frankly, all of us and everyone else out 

 2    there who's engaged in this process to go through 

 3    this process of sending mailings to the Board of 

 4    Elections, along with lists of people they mailed 

 5    to, along with lists of returned mail in the 

 6    off chance that that person who happens to not 

 7    have received a mail because they have moved, if 

 8    they happen to show up on Election Day at the 

 9    polls asking to vote and you received that piece 

10    of mail back and you didn't send it to the 

11    Board of Elections, somehow you did something 

12    wrong.

13                 Why does it default against those 

14    who are trying to ensure the integrity of the 

15    system?  Madam President, I'm at a loss as to why 

16    we would possibly support a bill like this and 

17    create these kinds of hurdles in order to do what 

18    each and every one of us should do as a matter of 

19    course.  

20                 I will tell you this.  If that piece 

21    of mail is returned, my expectation, and everyone 

22    in this room's expectation, is that person isn't 

23    showing up at the polling place.  But if they do, 

24    I'll be holding that piece of mail -- hopefully 

25    someone will -- in order to challenge that person 


                                                               6245

 1    and why they took the opportunity to vote.

 2                 And it may be innocent.  It may be.  

 3    But they have every right to question that 

 4    person's vote on that day and ask that person for 

 5    clarification.  This bill would prevent that, and 

 6    that's why I'm voting no.

 7                 Thank you, Madam President.

 8                 ACTING PRESIDENT MAYER:   Are there 

 9    any other Senators wishing to be heard?

10                 Seeing and hearing none, debate is 

11    closed.  The Secretary will ring the bell.

12                 Read the last section.

13                 THE SECRETARY:   Section 9.  This 

14    act shall take effect on the 30th 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:   In relation to 

22    Calendar 1312, voting in the negative are 

23    Senators Ashby, Borrello, Canzoneri-Fitzpatrick, 

24    Chan, Gallivan, Griffo, Helming, Lanza, Martins, 

25    Mattera, Murray, Ortt, Palumbo, Rhoads, Rolison, 


                                                               6246

 1    Stec, Tedisco, Walczyk, Weber and Weik.

 2                 Ayes, 39.  Nays, 20.

 3                 ACTING PRESIDENT MAYER:   The bill 

 4    is passed.

 5                 Senator Gianaris.

 6                 SENATOR GIANARIS:   Next up, 

 7    Madam President, is Calendar 968.

 8                 ACTING PRESIDENT MAYER:   Senator 

 9    Rhoads, why do you rise?

10                 SENATOR RHOADS:   I was hoping that 

11    the sponsor would yield to a couple of questions.

12                 ACTING PRESIDENT MAYER:   Senator 

13    Rivera -- 

14                 SENATOR RIVERA:   Yes.

15                 ACTING PRESIDENT MAYER:   Senator -- 

16    I'm sorry.  Oh, the Secretary will read.  I 

17    jumped over, I apologize.  

18                 THE SECRETARY:   Calendar Number 

19    968, Senate Print 1634A, by Senator Rivera, an 

20    act to amend the Insurance Law.

21                 SENATOR RHOADS:   Now I'm hoping 

22    that the Senator will yield to a few questions.

23                 ACTING PRESIDENT MAYER:   Now.  That 

24    was my mistake.  Thank you, Senator Rhoads.

25                 SENATOR RIVERA:   Yes.


                                                               6247

 1                 SENATOR RHOADS:   Thank you, 

 2    Madam President.  And thank you, Senator Rivera.  

 3                 Madam President, through you.  The 

 4    bill focuses on creating a healthcare -- health 

 5    plan allocation of 12.5 percent of spending for 

 6    primary care, is that correct?

 7                 SENATOR RIVERA:   Through you, 

 8    Madam President.  With the recognition that 

 9    primary care being the first point of contact 

10    with individuals -- should be the first point of 

11    contact with individuals, the place where people 

12    can get their routine medical care, this bill -- 

13    what this bill would do is over a period of years 

14    it would establish a 1 percent per year increase 

15    up to 12.5 percent of the Medicaid spend so that 

16    it goes to primary care.

17                 But it would not be an immediate 

18    thing.  That would be the ultimate goal.  But it 

19    would not be an immediate thing.

20                 SENATOR RHOADS:   Will the sponsor 

21    continue to yield?

22                 ACTING PRESIDENT MAYER:   Do you 

23    continue to yield?

24                 SENATOR RIVERA:   Yes.

25                 ACTING PRESIDENT MAYER:   The 


                                                               6248

 1    Senator yields.

 2                 SENATOR RHOADS:   Thank you.  

 3    Through you, Madam President.  

 4                 My understanding is that the 

 5    immediate threshold is 12.5 percent.  That is 

 6    intended to be the max.  If they are under 

 7    12.5 percent, then there's a 1 percent per year 

 8    plan -- they have to develop a plan for a 

 9    1 percent increase until they get to 

10    12.5 percent.  Is that not correct?

11                 SENATOR RIVERA:   Through you, 

12    Madam President, the ultimate goal would be to 

13    get to 12.5 percent.  It would be -- I am -- we 

14    are not -- we don't have -- that is not being met 

15    now.  We don't know exactly where the percentage 

16    is, but it is below 12.5 percent.  

17                 The goal ultimately, 

18    Madam President, is to make sure that we have 

19    more folks in the Medicaid program who have 

20    access to primary care -- therefore, being able 

21    to identify chronic conditions earlier, being 

22    able to take care of -- to focus on wellness as 

23    opposed to sick care.  

24                 And it is -- I believe it is a good 

25    way not only to spend money more wisely, but to 


                                                               6249

 1    make sure that people have better and healthier 

 2    lives.

 3                 SENATOR RHOADS:   Will the sponsor 

 4    continue to yield?

 5                 ACTING PRESIDENT MAYER:   Do you 

 6    continue to yield? 

 7                 SENATOR RIVERA:   Yes.

 8                 ACTING PRESIDENT MAYER:   The 

 9    Senator yields.  

10                 SENATOR RHOADS:   Through you, 

11    Madam President.  I know you said you don't know 

12    what the percentage is now, but you think it's 

13    less than 12.5 percent.  

14                 Milbank Memorial Fund's Primary Care 

15    Scorecard says that spending on primary care as a 

16    total share of healthcare spending in New York is 

17    actually 13.3 percent in the commercial market 

18    and 10.1 percent for Medicaid.  

19                 So if the commercial market is 

20    already meeting its threshold but the state is 

21    not, in terms of Medicaid spending, why aren't we 

22    focusing just on the state's portion of Medicaid?  

23                 (Pause.)

24                 SENATOR RIVERA:   Through you, 

25    Madam President.  So the -- the national average 


                                                               6250

 1    as far as -- is about 5 percent, is what we know.  

 2                 But if the bill were to become law, 

 3    then we would actually get reports from both 

 4    Medicaid spending as well as private plans and 

 5    would then -- we would make -- we would make a 

 6    plan to hit the 12.5 eventually.  

 7                 If there is -- if that number is 

 8    exceeded already, then God bless America -- we're 

 9    done.  But if it's not, which is what we believe, 

10    then it would be -- the goal would be to go 

11    1 percent a year until we get to 12.5.

12                 SENATOR RHOADS:   And will the 

13    sponsor continue to yield?

14                 ACTING PRESIDENT MAYER:   Do you 

15    continue to yield?

16                 SENATOR RIVERA:   Yes.

17                 ACTING PRESIDENT MAYER:   The 

18    Senator yields.

19                 SENATOR RHOADS:   So with the 

20    understanding that if in fact healthcare spending 

21    in the commercial market, competitive 

22    marketplace, is 13.3 percent, they would have 

23    already met the goals, the legislation authorizes 

24    the commissioner to promulgate rules and 

25    regulations.  Do these rules and regulations 


                                                               6251

 1    include penalties at some point if in fact 

 2    private health plans -- if in fact health plans 

 3    do not meet these goals?  

 4                 (Pause.)

 5                 SENATOR RIVERA:   Through you, 

 6    Madam President.  First of all, the -- we would 

 7    have to see plan by plan what percentage we're 

 8    talking about.  There might be some plans that 

 9    actually exceeded; there might be some that don't 

10    meet it.  And so we would look towards -- to get 

11    there.  

12                 And if there is -- and if it's -- if 

13    the -- if it's not met, then the fines would 

14    correspond to Public Health Law that already 

15    exists that would be up to -- the fines would be 

16    up to $2,000.

17                 SENATOR RHOADS:   Will the sponsor 

18    continue to yield?

19                 ACTING PRESIDENT MAYER:   Do you 

20    continue to yield?  

21                 SENATOR RIVERA:   Yes.

22                 ACTING PRESIDENT MAYER:   The 

23    sponsor yields.  

24                 SENATOR RHOADS:   So there is no 

25    provision for -- through you, Madam President, 


                                                               6252

 1    there is no provision for fines in the 

 2    legislation itself other than the reference to 

 3    the Public Health Law, which lays out the fine 

 4    schedule?  

 5                 SENATOR RIVERA:   Through you, 

 6    Madam President, that is correct.

 7                 SENATOR RHOADS:   Okay.  And will 

 8    the sponsor continue to yield.

 9                 ACTING PRESIDENT MAYER:   Do you 

10    continue to yield?  

11                 SENATOR RIVERA:   Yes.

12                 ACTING PRESIDENT MAYER:   The 

13    Senator yields.

14                 SENATOR RHOADS:   The bill focuses 

15    on health plans meeting these targets.  Oh, 

16    actually I'll withdraw that question for a moment 

17    and I'll switch to another question, the state 

18    and its administration of Medicaid.  

19                 Are there sanctions against the 

20    state if it fails to meet these primary care 

21    goals?

22                 SENATOR RIVERA:   Through you, 

23    Madam President.  The majority of Medicare -- 

24    Medicaid, pardon me, in the State of New York 

25    is -- currently operates through managed care 


                                                               6253

 1    organizations.  Therefore, there are middlemen 

 2    and so therefore the fine, if it were to be 

 3    assessed, probably would be assessed on those 

 4    plans, not on the state itself.

 5                 SENATOR RHOADS:   Thank you.

 6                 Will the sponsor continue to yield?  

 7                 ACTING PRESIDENT MAYER:   Will you 

 8    continue to yield?  

 9                 SENATOR RIVERA:   Yes.

10                 ACTING PRESIDENT MAYER:   The 

11    Senator yields.

12                 SENATOR RHOADS:   The focus is on 

13    health plans meeting these targets.  But why 

14    weren't provider systems factored into this 

15    equation?  

16                 Because my understanding of the way 

17    that this works -- obviously I'm a consumer, I 

18    decide that I'm going to go to my primary care 

19    physician for whatever preventative care that I 

20    need.  I make the choice to go to a specific 

21    physician.  The services that are provided to me 

22    are services that are provided by the physician.  

23    The health plan only gets involved in the 

24    equation when they receive the bill.  

25                 Do we have an issue where they're 


                                                               6254

 1    denying primary care services?  Are people not 

 2    being provided primary care services because the 

 3    health plans themselves aren't providing it?  How 

 4    does this help encourage people to seek primary 

 5    care, if that's the ultimate goal?  

 6                 SENATOR RIVERA:   Through you, 

 7    Madam President.  The reality is that we find 

 8    that most folks do not avail themselves of 

 9    primary care if it is available to them.  And 

10    this would be a way to kind of encourage the 

11    spend so that it goes in that direction, with the 

12    understanding that providing -- that spending 

13    more money in routine medicine, in the first 

14    point of contact, it would actually be -- it 

15    would be better for the system.

16                 As I said, as I stated earlier, 

17    having folks be able to identify chronic 

18    conditions earlier means that folks who have 

19    asthma, diabetes, or any other chronic condition 

20    could focus on making sure that that condition 

21    gets better, as opposed to just focusing on 

22    episodes where they have either had an asthma 

23    attack or have to be hospitalized for low blood 

24    sugar, et cetera, et cetera.  

25                 So ultimately this is about trying 


                                                               6255

 1    to switch up the total spend.  It's about 

 2    encouraging more -- have it be available more.  

 3    It is not about -- you know, it's not about 

 4    finding more places to fine people.  Instead, it 

 5    is about trying to focus our total healthcare 

 6    expenditures in places where it would cause 

 7    people to be healthier and to lead better lives.

 8                 SENATOR RHOADS:   Will the sponsor 

 9    continue to yield?

10                 ACTING PRESIDENT MAYER:   Do you 

11    continue to yield?

12                 SENATOR RIVERA:   Yes.

13                 ACTING PRESIDENT MAYER:   The 

14    sponsor yields.  

15                 SENATOR RHOADS:   Through you, 

16    Madam President, I get all that.  I mean, I get 

17    what the goal of the legislation is.  

18                 But by putting the burden on the 

19    health plan, I'm trying to understand what it is 

20    that that the health plan is supposed to do to 

21    actually encourage people to seek primary care 

22    more frequently.  

23                 How does this actually -- you're 

24    focusing on the percentage of spend, but the 

25    health plan is actually paying the bills that 


                                                               6256

 1    come to them.  Right?  It's not -- it's 

 2    apparently not the case that you have health 

 3    plans that are denying coverage for primary care; 

 4    people aren't seeking primary care.

 5                 So how does this actually encourage 

 6    people to seek primary care, which is the 

 7    ultimate goal?

 8                 (Pause.)

 9                 SENATOR RIVERA:   Through you, 

10    Madam President.  First of all, it is 

11    certainly -- as we've said many times, insurance 

12    companies kind of live for the instances in which 

13    they can deny care.  

14                 So I can't tell in every single 

15    instance, but certainly there are many instances, 

16    as many as they can muster, where they will deny 

17    care to an individual, whether it be primary or 

18    otherwise.  

19                 But, second, the bill actually 

20    speaks to creating a set of incentives that 

21    actually would work to increase the amount of 

22    spending, particularly since we have -- there are 

23    definitely visits to primary care providers, but 

24    it doesn't necessarily show in the spend.

25                 Now, it is true that we would have 


                                                               6257

 1    to get -- if the bill were to pass and be made 

 2    into law, we would get more exact percentages.  

 3    At this point we're operating with analysis that 

 4    doesn't have all the information.  There would 

 5    have to be a study done to determine how close or 

 6    how far away we are from the 12.5.  

 7                 But also in Section (2) and 

 8    Section (2)(d) and throughout all of it, there 

 9    are a set of different actions that would be -- 

10    that are suggested for the Department of Health 

11    and the commissioner to encourage the -- the -- 

12    more folks utilizing primary care.

13                 So it's all in the bill already, all 

14    the different methods that can be utilized to get 

15    more folks to be -- to avail themselves of 

16    primary care.

17                 SENATOR RHOADS:   Will the sponsor 

18    continue to yield?  

19                 ACTING PRESIDENT MAYER:   Do you 

20    continue to yield? 

21                 SENATOR RIVERA:   Yes.   

22                 ACTING PRESIDENT MAYER:   The 

23    sponsor yields.

24                 SENATOR RHOADS:   You brought up the 

25    issue of a study, and I just want to briefly 


                                                               6258

 1    touch on that.  This version of the bill has 

 2    passed in prior years.  And the version in prior 

 3    years that was vetoed by the Governor included a 

 4    commission for DOH and DFS to study the delivery 

 5    of primary care.  So it's exactly the study that 

 6    you were talking about, but in this particular 

 7    version it's removed. 

 8                 Wouldn't the study portion of it, to 

 9    study how we can encourage more people to make 

10    use of primary care, be the important precursor 

11    to putting policy in place, law in place, where 

12    there are actual penalties?  

13                 SENATOR RIVERA:   Through you, 

14    Madam President, not to bring up bad memories, 

15    but that was known kindly among some of us as the 

16    Thanksgiving Day massacre, in which a whole host 

17    of bills, every study bill under the sun, was 

18    vetoed at the same time by the Governor, whether 

19    it had to do with healthcare, whether it had to 

20    do with transportation, whether it had to do with 

21    anything under the sun.  

22                 So that bill was actually a more 

23    curtailed version of this one.  This one would 

24    actually require -- if it were to be signed into 

25    law, would require a study to make the 


                                                               6259

 1    determination as far as where we are as far as 

 2    percentages, and then it would create -- and 

 3    there would be set, as we've discussed before, 

 4    the goals on a yearly basis to go up to 12.5.

 5                 SENATOR RHOADS:   Would the sponsor 

 6    yield for one final question?  

 7                 ACTING PRESIDENT MAYER:   Do you 

 8    continue to yield?

 9                 SENATOR RIVERA:   Yes.

10                 ACTING PRESIDENT MAYER:   The 

11    Senator yields.

12                 SENATOR RHOADS:   That massacre was 

13    because there was a budgetary impact to these -- 

14    to those studies that were to be conducted.  So 

15    perhaps this bill should have been included as 

16    part of the budget, along with the study.

17                 But the last point is I notice that 

18    urgent cares are exempted from this particular 

19    legislation, which in many portions of the state 

20    you may not have an abundance of primary care 

21    providers, so primary care is provided by urgent 

22    cares or by hospitals.  

23                 Why would we remove that?  And then 

24    doesn't that impact the overall number?  If 

25    people are seeking primary care from their 


                                                               6260

 1    urgent-care provider but we're not counting those 

 2    numbers in our statistics to determine whether a 

 3    health plan has met that 12.5 percent, isn't that 

 4    artificially making it more difficult for health 

 5    plans to meet the goals that are set forth in the 

 6    legislation?  

 7                 (Pause.)

 8                 SENATOR RIVERA:   Through you, 

 9    Madam President.  Recognizing certainly that 

10    there are limits -- and we've talked about 

11    workforce, healthcare workforce shortages.  This 

12    is certainly an issue that I care deeply about 

13    and we have spoken about in the past.  

14                 This is in recognition, this 

15    exclusion is in recognition, Madam President, of 

16    the fact that urgent cares are for -- are more, 

17    at least in their design, although they're not 

18    totally defined in state law in the State of 

19    New York, it does actually -- is therefore other 

20    types of episodes that are not necessarily having 

21    to do with routine medicine and first point of 

22    contact, which is ultimately what we want to 

23    focus on.  

24                 But it's certainly something worth 

25    looking at in the future.  


                                                               6261

 1                 SENATOR RHOADS:   Thank you, 

 2    Senator Rivera.  

 3                 Briefly on the bill.

 4                 ACTING PRESIDENT MAYER:   Senator 

 5    Rhoads on the bill.

 6                 SENATOR RHOADS:   I understand the 

 7    motivations and I agree with the motivations.  We 

 8    should be increasing primary care usage if we 

 9    can.  

10                 I just think we're putting the cart 

11    before the horse.  Let's get the data and come up 

12    with a constructive solution on how to do that 

13    before we actually put policy in place.

14                 I'll be voting no, Madam President.

15                 ACTING PRESIDENT MAYER:   Are there 

16    any other Senators wishing to be heard?

17                 Seeing and hearing none, debate is 

18    closed.   The Secretary will ring the bell.  

19                 Read the 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:   Senator 


                                                               6262

 1    Rivera to explain his vote.

 2                 SENATOR RIVERA:   Thank you, 

 3    Madam President.  

 4                 And I thank my colleague for some of 

 5    the questions here.

 6                 Ultimately, there is -- it is 

 7    clear -- not only is it common sense, but there's 

 8    data that demonstrates that having primary care 

 9    more accessible, spending more on that means that 

10    people will avail themselves of it, which means 

11    that they'll be able to identify chronic 

12    conditions earlier, they would lead better lives, 

13    and it would make the system as a whole less 

14    expensive.  

15                 So ultimately what this bill means 

16    to do -- and by the way, Madam President, 

17    20 other states have enacted similar laws and 

18    regulations to report on an increase in 

19    primary-care spending, anything from 

20    West Virginia to Colorado to Connecticut to 

21    Maine, et cetera, et cetera, et cetera.  

22                 So it is -- we believe that this is 

23    an important measure that, if it becomes a law, 

24    would actually move us towards the place where we 

25    could have people avail themselves of primary 


                                                               6263

 1    care earlier in their lives, be able to have 

 2    better lives for themselves and their family, to 

 3    have the system as a whole be cheaper.  

 4                 So I certainly hope that we can get 

 5    it passed this year, and I'll be voting in the 

 6    affirmative.  

 7                 Thank you, Madam President.  

 8                 PRESIDENT MAYER:   Senator Rivera to 

 9    be recorded in the affirmative.

10                 Announce the results.

11                 THE SECRETARY:   In relation to 

12    Calendar 968, voting in the negative are 

13    Senators Ashby, Borrello, Canzoneri-Fitzpatrick, 

14    Chan, Gallivan, Griffo, Lanza, Martins, Mattera, 

15    Murray, Ortt, Palumbo, Rhoads, Stec, Tedisco, 

16    Walczyk and Weik.

17                 Ayes, 42.  Nays, 17.

18                 ACTING PRESIDENT MAYER:   The bill 

19    is passed.

20                 Senator Gianaris.

21                 SENATOR GIANARIS:   Calendar 866 up 

22    next, please.

23                 ACTING PRESIDENT MAYER:   The 

24    Secretary will read.

25                 THE SECRETARY:   Calendar Number 


                                                               6264

 1    866, Senate Print 6882, by Senator Harckham, an 

 2    act to amend the General Municipal Law.

 3                 ACTING PRESIDENT MAYER:   Senator 

 4    Martins, why do you rise? 

 5                 SENATOR MARTINS:   Madam President, 

 6    on the bill.

 7                 ACTING PRESIDENT MAYER:   Senator 

 8    Martins on the bill.

 9                 SENATOR MARTINS:   So this bill 

10    would allow a preemption of local zoning across 

11    New York State for solar panels on carports.  

12    Sounds like a straightforward bill.  

13                 Obviously there are a lot of 

14    concerns in our chamber historically amongst many 

15    of us about preempting local control, especially 

16    when it comes to zoning.  And so the idea of a 

17    carport -- when I think of a carport I think of a 

18    house and I think of, you know, that piece next 

19    to the house, maybe, you know, sort of a 

20    shed-like enclosure where you park your car, 

21    Madam President.  

22                 And, you know, if that's the case, 

23    if you're looking at it, probably 10 feet by 

24    20 feet or so, that itself would probably take 

25    about 10 to 12 panels and would produce about 5 


                                                               6265

 1    kilowatts of electricity.  Something as small as 

 2    that, about that, a small shed over a car.

 3                 But that's not we're talking about, 

 4    Madam President.  We're talking about preempting 

 5    local zoning to allow for 5 megawatts.  And so to 

 6    talk about 5 megawatts, five megawatts is defined 

 7    or at least described as a small-to-medium 

 8    utility-scale installation which covers about 

 9    20 acres or so.

10                 In order for solar panels to produce 

11    about 5 megawatts of electricity, you're talking 

12    about a small-to-medium-scale utility-type 

13    installation.  In order to create 5 megawatts of 

14    electricity, you'd have to provide coverage for 

15    literally 20, 25 acres.  

16                 And so in the context of preempting 

17    local zoning for our villages, our towns and our 

18    cities, the idea of someone just being able to 

19    put that much or that kind of structure up for 

20    20 acres or more, to reach that 5 megahertz -- 

21    megawatts, excuse me -- threshold, 

22    Madam President, is a real concern.  

23                 Now, obviously I would be concerned 

24    if it were just a carport on the side of a house.  

25    I would be.  Because local communities should be 


                                                               6266

 1    able to make those decisions for themselves, and 

 2    we should be loath to preempt local communities 

 3    and their home rule.  

 4                 But when it's 5 megawatts, what 

 5    we're talking about here is on a scale that if it 

 6    were to be imposed on our local communities, 

 7    every supermarket parking lot, every school 

 8    parking lot, can go out and just put these 

 9    carports.  And frankly, some people may like it.  

10    Some people may not.  But that's a local zoning 

11    decision that each local community should be able 

12    to make for themselves without preempting zoning 

13    on that scale.

14                 And so although I appreciate the 

15    intent and the effort behind the bill and the 

16    idea to promote solar and renewable energy as an 

17    alternative, I would certainly prefer to see it 

18    more as a collaborative effort allowing our local 

19    communities to opt in and not preempting their 

20    local zoning prerogative.  

21                 Because obviously depending on where 

22    it is, depending on its proximity to homes, 

23    depending on its proximity to parks and to other 

24    decisions that are typically made by our local 

25    communities because they're there, something on 


                                                               6267

 1    this size and this scale frankly is just too 

 2    much.

 3                 And so, Madam President, I can't 

 4    support this bill.  I'll be voting no.  Although 

 5    I again want to thank Senator Harckham because I 

 6    do understand it's coming from a good place.  

 7                 I just can't get there on this bill, 

 8    so I'll be voting no.  And I thank you for your 

 9    time.

10                 ACTING PRESIDENT MAYER:   Thank you.  

11                 Are there any other Senators wishing 

12    to be heard? 

13                 Seeing and hearing none, debate is 

14    closed.  The Secretary will ring the bell.

15                 Read the last section.  

16                 THE SECRETARY:   Section 2.  This 

17    act shall take effect on the first of January.

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 866, voting in the negative are 

25    Senators Ashby, Borrello, Canzoneri-Fitzpatrick, 


                                                               6268

 1    Chan, Gallivan, Griffo, Helming, Lanza, Martinez, 

 2    Martins, Mattera, Murray, Ortt, Palumbo, Rhoads, 

 3    Rolison, Ryan, Stec, Tedisco, Walczyk and Weber.

 4                 Ayes, 38.  Nays, 21.

 5                 ACTING PRESIDENT MAYER:   The bill 

 6    is passed.

 7                 Senator Gianaris.  

 8                 SENATOR GIANARIS:   Madam President, 

 9    by consent with the Minority, we are removing the 

10    lay-asides on Calendars 1207, 698, and 1058.  

11                 Can we please take those up on the 

12    noncontroversial calendar.

13                 ACTING PRESIDENT MAYER:   Pursuant 

14    to agreement, on Calendars 1207, 698 and 1058 the 

15    lay-asides are removed and the bills will retain 

16    their place on the noncontroversial calendar.

17                 There is a substitution at the desk.

18                 The Secretary will read.

19                 THE SECRETARY:   Senator Krueger 

20    moves to discharge, from the Committee on Rules, 

21    Assembly Bill Number 9111C and substitute it for 

22    the identical Senate Bill 8512C, Third Reading 

23    Calendar 698.

24                 ACTING PRESIDENT MAYER:   The 

25    Secretary will read.


                                                               6269

 1                 THE SECRETARY:   Calendar Number 

 2    698, Assembly Bill Number 9111C, by 

 3    Assemblymember Gallagher, an act to amend the 

 4    Public Service Law.

 5                 ACTING PRESIDENT MAYER:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 5.  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:   Announce 

14    the results.

15                 THE SECRETARY:   In relation to 

16    Calendar 698, voting in the negative:  

17    Senator Walczyk.

18                 Ayes, 58.  Nays, 1.

19                 ACTING PRESIDENT MAYER:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    1058, Senate Print 4887B, by Senator Walczyk, an 

23    act to amend the Tax Law.

24                 ACTING PRESIDENT MAYER:   Read the 

25    last section.


                                                               6270

 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 1058, voting in the negative are 

10    Senators Canzoneri-Fitzpatrick, Harckham, 

11    Helming, Lanza, Martinez, Ortt, Palumbo, Rhoads, 

12    Ryan, Scarcella-Spanton, Skoufis and Webb.

13                 Ayes, 47.  Nays, 12.

14                 ACTING PRESIDENT MAYER:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    1207, Senate Print 6025, by Senator Brouk, an act 

18    to amend the Social Services Law.

19                 ACTING PRESIDENT MAYER:   Read the 

20    last section.  

21                 THE SECRETARY:   Section 2.  This 

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

23    shall have become a law.

24                 ACTING PRESIDENT MAYER:   Call the 

25    roll.


                                                               6271

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT MAYER:   Announce 

 3    the results.

 4                 THE SECRETARY:   In relation to 

 5    Calendar 1207, voting in the negative are 

 6    Senators Borrello, Lanza, Murray, Ortt, Rhoads 

 7    and Walczyk.

 8                 Ayes, 53.  Nays, 6.

 9                 ACTING PRESIDENT MAYER:   The bill 

10    is passed.

11                 Senator Gianaris.

12                 SENATOR GIANARIS:   Madam President, 

13    returning to motions for a second, on behalf of 

14    Senator Fahy, on page 61 I offer the following 

15    amendments to Calendar Number 1294, Senate Print 

16    4500A, and ask that said bill retain its place on 

17    Third Reading Calendar.

18                 ACTING PRESIDENT MAYER:   The 

19    amendments are received, and the bill will retain 

20    its place on the Third Reading Calendar.

21                 Senator Gianaris.

22                 SENATOR GIANARIS:   The sponsors of 

23    the resolutions we took up earlier today would 

24    like to open them for cosponsorship.

25                 ACTING PRESIDENT MAYER:   The 


                                                               6272

 1    resolutions we took up today are open for 

 2    cosponsorship.  Should you choose not to be a 

 3    cosponsor, please notify the desk.

 4                 Senator Gianaris.

 5                 SENATOR GIANARIS:   Is there any 

 6    further business at the desk?

 7                 ACTING PRESIDENT MAYER:   There is 

 8    no further business at the desk.

 9                 SENATOR GIANARIS:   I move to 

10    adjourn until tomorrow, Friday, May 29th, at 

11    11:00 a.m.

12                 ACTING PRESIDENT MAYER:   On motion, 

13    the Senate stands adjourned until Friday, 

14    May 29th, at 11:00 a.m.

15                 (Whereupon, at 5:35 p.m., the Senate 

16    adjourned.)

17

18

19

20

21

22

23

24

25