Regular Session - June 10, 2021

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 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    June 10, 2021

11                     12:42 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR SHELLEY B. MAYER, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


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

 2                 ACTING PRESIDENT MAYER:   The Senate 

 3    will come to order.  

 4                 I ask everyone present to please 

 5    rise and recite the Pledge of Allegiance.

 6                 (Whereupon, the assemblage recited 

 7    the Pledge of Allegiance to the Flag.)

 8                 ACTING PRESIDENT MAYER:   In the 

 9    absence of clergy, let us bow our heads in a 

10    moment of silent reflection or prayer.

11                 (Whereupon, the assemblage respected 

12    a moment of silence.)

13                 ACTING PRESIDENT MAYER:   Reading of 

14    the Journal.

15                 THE SECRETARY:   In Senate, 

16    Wednesday, June 9, 2021, the Senate met pursuant 

17    to adjournment.  The Journal of Tuesday, June 8, 

18    2021, was read and approved.  On motion, the 

19    Senate adjourned.

20                 ACTING PRESIDENT MAYER:   Without 

21    objection, the Journal stands approved as read.

22                 Presentation of petitions.

23                 Messages from the Assembly.

24                 The Secretary will read.

25                 THE SECRETARY:   Senator Kaplan 


                                                               5033

 1    moves to discharge, from the Committee on Rules, 

 2    Assembly Bill Number 4010B and substitute it for 

 3    the identical Senate Bill 199B, Third Reading 

 4    Calendar 4020.

 5                 Senator Myrie moves to discharge, 

 6    from the Committee on Rules, Assembly Bill Number 

 7    2573A and substitute it for the identical Senate 

 8    Bill 294A, Third Reading Calendar 522.

 9                 Senator Bailey moves to discharge, 

10    from the Committee on Rules, Assembly Bill Number 

11    5707 and substitute it for the identical Senate 

12    Bill 2803, Third Reading Calendar 606.

13                 Senator Rivera moves to discharge, 

14    from the Committee on Rules, Assembly Bill Number 

15    2395 and substitute it for the identical Senate 

16    Bill 3332, Third Reading Calendar 826.

17                 Senator Hoylman moves to discharge, 

18    from the Committee on Judiciary, Assembly Bill 

19    Number 2505 and substitute it for the identical 

20    Senate Bill 997, Third Reading Calendar 838.

21                 Senator Breslin moves to discharge, 

22    from the Committee on Local Government, 

23    Assembly Bill Number 3201B and substitute it for 

24    the identical Senate Bill 5671B, Third Reading 

25    Calendar 950.


                                                               5034

 1                 Senator Parker moves to discharge, 

 2    from the Committee on Rules, Assembly Bill 

 3    Number 2530 and substitute it for the identical 

 4    Senate Bill 5468, Third Reading Calendar 988.

 5                 Senator Reichlin-Melnick moves to 

 6    discharge, from the Committee on Rules, 

 7    Assembly Bill Number 2111 and substitute it for 

 8    the identical Senate Bill 5952, Third Reading 

 9    Calendar 1203.

10                 Senator Ortt moves to discharge, 

11    from the Committee on Rules, Assembly Bill 

12    Number 7472 and substitute it for the identical 

13    Senate Bill 3638, Third Reading Calendar 1533.

14                 Senator Oberacker moves to 

15    discharge, from the Committee on Rules, 

16    Assembly Bill Number 7088A and substitute it for 

17    the identical Senate Bill 6240A, Third Reading 

18    Calendar 1557.

19                 Senator Kennedy moves to discharge, 

20    from the Committee on Rules, Assembly Bill 

21    Number 743A and substitute it for the identical 

22    Senate Bill 5517A, Third Reading Calendar 1644.

23                 Senator Ryan moves to discharge, 

24    from the Committee on Corporations, Authorities 

25    and Commissions, Assembly Bill Number 476 and 


                                                               5035

 1    substitute it for the identical Senate Bill 7145, 

 2    Third Reading Calendar 1677.

 3                 And Senator Kennedy moves to 

 4    discharge, from the Committee on Rules, 

 5    Assembly Bill Number 6247A and substitute it for 

 6    the identical Senate Bill 5246A, Third Reading 

 7    Calendar 1691.

 8                 ACTING PRESIDENT MAYER:    

 9    Substitutions so ordered.

10                 Messages from the Governor.

11                 Reports of standing committees.

12                 Reports of select committees.

13                 Communications and reports from 

14    state officers.

15                 Motions and resolutions.

16                 Senator Gianaris.

17                 SENATOR GIANARIS:   Good afternoon, 

18    Madam President.  I move to adopt the 

19    Resolution Calendar, with the exception of 

20    Resolution 1227.

21                 ACTING PRESIDENT MAYER:   All in 

22    favor of adopting the Resolution Calendar, with 

23    the exception of Resolution 1227, please signify 

24    by saying aye.

25                 (Response of "Aye.")


                                                               5036

 1                 ACTING PRESIDENT MAYER:   Opposed, 

 2    nay.  

 3                 (No response.)

 4                 ACTING PRESIDENT MAYER:   The 

 5    Resolution Calendar adopted.  

 6                 Senator Gianaris.

 7                 SENATOR GIANARIS:   Okay, let's 

 8    begin with previously adopted Resolution 1025, by 

 9    Senator Hoylman, read its title only and 

10    recognize Senator Hoylman.

11                 ACTING PRESIDENT MAYER:   The 

12    Secretary will read.

13                 THE SECRETARY:   Senate Resolution 

14    1025, by Senator Hoylman, memorializing 

15    Governor Andrew M. Cuomo to proclaim June 2021 as 

16    LGBTQ Pride Month in the State of New York.  

17                 ACTING PRESIDENT MAYER:   Senator 

18    Hoylman on the resolution.

19                 SENATOR HOYLMAN:   Thank you, 

20    Madam President.  Happy Pride!

21                 Pride always comes near the end of 

22    our session, so I think it brings us great joy 

23    and happiness for a multitude of reasons.

24                 Not long ago it would be somewhat 

25    unusual to hear the words "Happy Pride" in the 


                                                               5037

 1    Senate chamber.  Between June 2011, when New York 

 2    passed marriage equality, and January 2019, when 

 3    this conference took the majority, the body 

 4    passed zero LGBTQ-specific pieces of legislation.

 5                 That all changed under the current 

 6    leadership of Majority Leader Stewart-Cousins.  

 7    And here's what we've been able to get done for 

 8    the LGBTQ community in just the last three years:  

 9                 GENDA, the Gender Expression 

10    Non-Discrimination Act, finally giving civil 

11    rights to transgender New Yorkers and protections 

12    that they deserve.

13                 A ban on so-called gay conversion 

14    therapy, the cruel practice of trying to convert 

15    young LGBTQ kids from gay to straight -- which 

16    is, in effect, child abuse.

17                 Banning the gay and trans panic 

18    defense.  It's hard to believe that if you 

19    murdered someone, a defense to that murder would 

20    have been because they're LGBTQ.  

21                 Adoption protections for LGBTQ 

22    parents.  

23                 LGBTQ cultural competency training 

24    for runaway and homeless youth providers, which 

25    is so important because LGBTQ youth make up a 


                                                               5038

 1    significant proportion of our homeless youth 

 2    population.

 3                 Requiring gender-neutral restrooms 

 4    in state buildings.

 5                 The Restoration of Honor Act, 

 6    restoring eligibility for state veteran programs 

 7    for LGBTQ servicemembers who were discharged, 

 8    shamefully, under the federal policy of "Don't 

 9    ask, don't tell."  

10                 The Child-Parent Security Act, 

11    legalizing and regulating gestational surrogacy 

12    agreements so that LGBTQ New Yorkers and others 

13    can start families through in vitro fertilization 

14    and assisted reproductive technologies.  

15                 Repealing the so-called "walking 

16    while trans" ban, which we did this very session, 

17    which allowed law enforcement to profile, in 

18    particular, women of color just for hanging out 

19    on a certain street corner, just because they 

20    might be wearing a short skirt, cowboy boots and 

21    hoop earrings.  

22                 The Hate Crimes Analysis and Review 

23    Act, legislation we passed this session, which is 

24    going to finally take a deep dive into 

25    understanding who commits hate crimes, what is 


                                                               5039

 1    their background, how can we get at these root 

 2    causes of hate in our society.  And that, of 

 3    course, is not just for the benefit of the 

 4    LGBTQ community, but all communities, including 

 5    the AAPI community.  

 6                 And, just this week, the Gender 

 7    Recognition Act, legislation to give utility 

 8    customers the right to be addressed and 

 9    acknowledged by their preferred name and 

10    pronouns.  It's so important that as individuals, 

11    we are viewed who we want to be, what is our 

12    gender affiliation -- if we have one, or if we 

13    choose to be recognized as such.  And government 

14    needs to respond, and we've done that.  

15                 There's no question that as a 

16    country and as a state, we've made incredible 

17    progress.  I mean, I can't imagine 25 years ago, 

18    when I first met my husband, that I would be 

19    walking with him hand-in-hand on the street and 

20    be able to witness the birth of our two 

21    daughters, things we thought unthinkable at the 

22    time.

23                 Just this week a Gallup Poll found 

24    that 70 percent of Americans approved of same-sex 

25    marriage, including a majority of Republicans.  


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 1    This wouldn't have been possible if not for the 

 2    work of activists, protesters, disrupters 

 3    fighting seemingly impossible fights against 

 4    seemingly impossible odds, many of whom we have 

 5    witnessed outside of this chamber during the most 

 6    contentious debates -- for example, around 

 7    marriage equality -- fighting for progress they 

 8    knew they would not see, possibly, in their 

 9    lifetimes.  

10                 As New Yorkers, we can be so proud 

11    of the legacy of fighters like Marsha P. Johnson, 

12    Larry Kramer, Edith Windsor, Sylvia Rivera.  Our 

13    own former colleagues, like State Senator Tom 

14    Duane.  Assemblymembers who still serve with 

15    us -- the first openly LGBTQ state legislator, 

16    Deborah Glick, my Assemblymember.  Assemblymember 

17    Danny O'Donnell.  Assemblymember Harry Bronson.  

18    Of course our newest colleague, Senator Jabari 

19    Brisport.  I'm so glad he's here.

20                 This month we honor them and the 

21    generations before them who lived and fought and 

22    worked and suffered quietly in the shadows.  We 

23    remind ourselves of the rights that we enjoy 

24    today as a community that came at a great and 

25    terrible price.  Because we can't forget their 


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 1    protests, their activism -- that was too often 

 2    met with deaf ears in halls like this one, that 

 3    too often their protest, their activism was 

 4    directed against institutions like our own, which 

 5    failed to protect them from abuse at the hands of 

 6    police, from being fired from their jobs and 

 7    evicted from their homes because of who they 

 8    loved, and which stood callously silent as tens 

 9    of thousands, tens of thousands died from AIDS 

10    here in New York.  

11                 Yeah, I think it's fair to say few 

12    of them would have imagined that they would one 

13    day be celebrated here in the Capitol.  

14                 As we commemorate the giants who 

15    came before us, I'd be remiss to forget the 

16    quieter, personal moments of activism that have 

17    helped moved this country to a place of greater 

18    acceptance:  Young people coming out to their 

19    parents and friends, sometimes risking their 

20    homes or lives, in the hope of changing hearts 

21    and minds.  

22                 Their contributions also deserve 

23    recognition and celebration.  We are a living 

24    testament that their work was not in vain.  They 

25    fought so that we could celebrate joyously and 


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 1    openly who we are.  

 2                 But as we celebrate this June, we 

 3    are reminded how precious, how fragile this 

 4    progress has been.  Violence against transgender 

 5    people, especially transgender women, is rising.  

 6    In 2020 the number of trans people murdered 

 7    nationally surpassed the number of trans people 

 8    murdered in 2019 in just seven months.  In 2019 

 9    the number of hate crimes targeting LGBTQ+ people 

10    rose 20 percent over 2018 in New York City.  

11                 And in state legislatures across the 

12    country, lawmakers are introducing bill after 

13    bill targeting trans youth, endangering the lives 

14    of young people, all in the service, it seems, of 

15    scoring cheap political points.  Even now, the 

16    Supreme Court of the United States is hearing a 

17    case that could determine whether organizations 

18    can discriminate against same-sex parents seeking 

19    to foster children.

20                 So I'll close by saying this, 

21    Madam President.  This Pride, as we march, we 

22    have much to be proud of, even if we're doing it 

23    virtually.  But we have still more to do -- more 

24    hearts to open and more battles to win.  But I 

25    can tell you that today, I'm full of hope, thanks 


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 1    to the work of our colleagues here in this 

 2    chamber.  I have hope that we can win those 

 3    battles.  I have hope that there is a future 

 4    within our grasp when every New Yorker and every 

 5    American can attend school, walk down the street, 

 6    or apply for a job without fear of reprisal for 

 7    simply sharing who they are.  

 8                 Happy Pride, Madam President.

 9                 ACTING PRESIDENT MAYER:   Thank you, 

10    Senator Hoylman.

11                 Senator Brisport on the resolution.

12                 SENATOR BRISPORT:   Thank you, 

13    Madam President.  

14                 And thank you to my colleague 

15    Senator Hoylman for introducing this resolution.  

16                 Good afternoon, colleagues.  Happy 

17    Pride Month!  It's a gay and fabulous time.  I'd 

18    like to remind everyone that although Pride Month 

19    is associated now with floats and flags and the 

20    hashtag "LoveWins," the first pride was a 

21    protest, a protest against justice and 

22    discrimination.  A protest led by Black and Brown 

23    trans women like Marsha P. Johnson and Sylvia 

24    Rivera.  We stand on their shoulders.  

25                 And as anti-trans bills move through 


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 1    state legislature after state Legislature across 

 2    the country, let me say, as the first openly gay 

 3    person of color ever sent to Albany:  Hate has no 

 4    place here in New York.  Despite right wing 

 5    legislative attempts to suppress the queer 

 6    community, we continue to survive, we continue to 

 7    thrive.  

 8                 And to those who are scared, who 

 9    have been harmed or who have been silenced, we 

10    have a saying:  Be gay, do crime.  The crime of 

11    loving who you want.  The crime of expressing 

12    yourself to the fullest.  The crime of 

13    recognizing the difference between what is legal 

14    and what is just.  

15                 Pride was a protest, an 

16    anti-capitalist, anti-cop protest.  And as we 

17    head back to our districts after today, I 

18    encourage each of my colleagues to think about 

19    what you can do for Queer Liberation.  To all of 

20    you, I say:  Be gay, do crime, and stay fabulous.  

21                 Thank you.

22                 ACTING PRESIDENT MAYER:   The 

23    resolution was previously adopted on June 8th.

24                 Senator Gianaris.

25                 SENATOR GIANARIS:   Thank you, 


                                                               5045

 1    Madam President.  Let's move on now to previously 

 2    adopted Resolution 1131, by Senator Biaggi, read 

 3    that resolution's title and recognize 

 4    Senator Biaggi on the resolution.

 5                 ACTING PRESIDENT MAYER:   The 

 6    Secretary will read.

 7                 THE SECRETARY:   Senate Resolution 

 8    1131, by Senator Biaggi, mourning the death of 

 9    Jenna Ellen Melanson, distinguished educator and 

10    devoted member of her community.

11                 ACTING PRESIDENT MAYER:   Senator 

12    Biaggi on the resolution.

13                 SENATOR BIAGGI:   Thank you, 

14    Madam President.  

15                 I wish I didn't have to rise today 

16    to speak on this resolution because of the loss 

17    that is part of it.  But I'm very proud to be 

18    able to speak on this resolution nonetheless, in 

19    memory of Jenna Ellen Melanson, who tragically 

20    passed away at the age of 37 just this past March 

21    2021.  

22                 Jenna was an intern in my office and 

23    someone that all of us really, truly loved.  Her 

24    lifelong dream was to save the world, and you 

25    definitely felt that every time that you met her, 


                                                               5046

 1    with her can-do attitude and willingness, 

 2    frankly, to step up and take on any challenge 

 3    that came her way with a very bright and big 

 4    smile.

 5                 Anybody who knew her knew that she 

 6    had this sincerity and this dedication to her 

 7    community that was really relentless and 

 8    something to be, frankly, envied.  She had a 

 9    willingness to assist others.  She never said no 

10    to helping or lending a helping hand.  And her 

11    work is an inspiration to me today.

12                 She, also a fellow Ram, worked in 

13    education as a teacher's aide assisting students 

14    with special needs before she attended Fordham 

15    University for her master's in social work.  

16    While she pursued her degree, she was in my 

17    office and joined my team as an intern during the 

18    fall and the spring of 2020, but she never 

19    actually left the office and continued to help us 

20    volunteer in many different capacities.

21                 Her laugh was infectious.  Her love 

22    for public service was, again, inspiring.  She 

23    was armed with this spirit of humanity and this 

24    sense of compassion, of warmth, of kindness, 

25    things that I think all of us could definitely 


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 1    benefit from.

 2                 Her memory leaves behind a legacy 

 3    which will long endure the passage of time.  I 

 4    will make sure that it does.  In my office, we 

 5    have named the internship program after her -- it 

 6    is the Jenna Melanson Internship Program -- 

 7    because of just how special she was.

 8                 We hope that today, in honoring her 

 9    memory, it gives her family a sense of comfort, a 

10    sense of peace, but also a sense of inspiration, 

11    because her memory will live on with all of us 

12    and all of the young people who come through the 

13    door of this beautiful government to be able to 

14    continue her memory in service of the people of 

15    the State of New York.

16                 And so I extend my most sincere 

17    condolences to her family, to Jenna's family, to 

18    her friends, to her partner, and am very 

19    grateful to be able to have done this today.

20                 So thank you very much.

21                 ACTING PRESIDENT MAYER:   Thank you, 

22    Senator Biaggi.

23                 The resolution was previously 

24    adopted on June 8th.

25                 Senator Gianaris.


                                                               5048

 1                 SENATOR GIANARIS:   And now let's 

 2    take up Resolution 1227, by Senator Cooney, and 

 3    read that resolution's title and recognize 

 4    Senator Cooney.

 5                 ACTING PRESIDENT MAYER:   The 

 6    Secretary will read.

 7                 THE SECRETARY:   Senate Resolution 

 8    1227, by Senator Cooney, mourning the death of 

 9    Sandy Parker, longtime Rochester business 

10    community leader, distinguished citizen and 

11    devoted member of her community.

12                 ACTING PRESIDENT MAYER:   Senator 

13    Cooney on the resolution.

14                 SENATOR COONEY:   Thank you, 

15    Madam President.

16                 I rise to support today's resolution 

17    which mourns the death of Sandy Parker.  Sandy 

18    was a trailblazing business leader whose 

19    influence went and reached every corner of the 

20    Greater Rochester region.

21                 As the CEO of the Rochester Business 

22    Alliance, which is now known as the Greater 

23    Rochester Chamber of Commerce, Sandy was known as 

24    a community facilitator, a diplomat, skilled at 

25    navigating a range of businesses represented in 


                                                               5049

 1    the Rochester region, from large and small 

 2    manufacturing companies to healthcare companies, 

 3    educational institutions, nonprofit 

 4    organizations, and the like.  

 5                 She was also a fixture in our 

 6    philanthropic community in the Finger Lakes 

 7    region.  Sandy contributed her time, her 

 8    resources and expertise to many not-for-profit 

 9    and economic development initiatives.  

10                 Sandy was especially passionate 

11    about ensuring that young people had access to a 

12    quality education, something that we'll continue 

13    to work on in her name and her spirit for many 

14    years to come.

15                 Today the State of New York 

16    remembers Sandy Parker and offers our sympathy to 

17    her husband, Dutch Summers, her son Scott, and 

18    her two grandchildren.  God bless you, Sandy.

19                 Thank you, Madam President.

20                 ACTING PRESIDENT MAYER:   Thank you, 

21    Senator Cooney.

22                 The question is on the resolution.  

23    All in favor signify by saying aye.

24                 (Response of "Aye.")

25                 ACTING PRESIDENT MAYER:   Opposed?  


                                                               5050

 1                 (No response.)

 2                 ACTING PRESIDENT MAYER:   The 

 3    resolution is adopted.

 4                 Senator Gianaris.

 5                 SENATOR GIANARIS:   At the request 

 6    of the various sponsors, these resolutions are 

 7    open for cosponsorship.

 8                 ACTING PRESIDENT MAYER:   The 

 9    resolutions are open for cosponsorship.  Should 

10    you choose not to be a cosponsor of the 

11    resolutions, please notify the desk.

12                 Senator Gianaris.

13                 SENATOR GIANARIS:   Let's take up 

14    the calendar at this time, Madam President.

15                 ACTING PRESIDENT MAYER:   The 

16    Secretary will read.

17                 THE SECRETARY:   Calendar Number 

18    100, Senate Print 452A, by Senator Biaggi, an act 

19    to amend the Penal Law.

20                 ACTING PRESIDENT MAYER:   Read the 

21    last section.

22                 THE SECRETARY:   Section 3.  This 

23    act shall take effect immediately.  

24                 ACTING PRESIDENT MAYER:   Call the 

25    roll.


                                                               5051

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT MAYER:   Senator 

 3    Biaggi to explain her vote.

 4                 SENATOR BIAGGI:   Thank you, 

 5    Madam President.

 6                 In 2011, two New York City police 

 7    officers were acquitted of sexual assault charges 

 8    where they helped an intoxicated woman back to 

 9    her apartment and then returned to her apartment 

10    multiple times that night on false pretenses in 

11    order to have sex with the woman.  

12                 Although the woman was clearly 

13    intoxicated, the officers were not guilty of an 

14    offense because she chose -- she chose -- to 

15    consume the alcohol leading to her intoxication.  

16                 As our Penal Law currently reads, 

17    victims of sex crimes are treated differently in 

18    cases where the victim voluntarily consumed 

19    alcohol or drugs prior to their assault, versus a 

20    victim who was involuntarily intoxicated due to 

21    the actions of someone else.  The very definition 

22    of mental incapacitation in our law only 

23    recognizes cases where a substance was 

24    administered involuntarily.  

25                 And to be very clear, an 


                                                               5052

 1    individual's decision to drink alcohol does not 

 2    lessen the seriousness of the crime or diminish 

 3    the severity of their assault and the trauma that 

 4    follows.  

 5                 This loophole in our penal code 

 6    creates a barrier for so many survivors trying to 

 7    seek justice, and it perpetuates a dangerous 

 8    routine of victim blaming.  By closing this 

 9    loophole, we can make clear that an individual's 

10    decision to voluntarily drink alcohol or consume 

11    drugs is not an invitation for sexual assault.

12                 Critics of this bill and others have 

13    argued that perhaps this law will open the door 

14    to false accusations or give people who wake up 

15    with regret after a night out an opportunity for 

16    revenge.  I want to be very clear.  Our penal 

17    code addresses false accusations, and we have 

18    made every attempt in good faith, with supporters 

19    and critics, to add guardrails to this bill to 

20    account for those concerns.  

21                 Closing the voluntary intoxication 

22    loophole is about protecting survivors of rape, 

23    who purposely were preyed upon while they were 

24    intoxicated and vulnerable, which is a scenario 

25    that unfortunately happens all too often.


                                                               5053

 1                 In New York, every New Yorker should 

 2    understand that rape is rape and those who are 

 3    raped should be protected regardless of whether 

 4    they are voluntarily intoxicated or not.

 5                 We believe survivors in New York.  

 6    We support survivors in New York unequivocally, 

 7    and passing this bill today brings us one step 

 8    closer to survivor justice.  

 9                 I am very grateful to this 

10    Senate body and to our Majority Leader, 

11    Andrea Stewart-Cousins, for bringing this bill to 

12    the floor once again.  And I am very proud to 

13    vote in favor of closing the voluntary 

14    intoxication loophole.

15                 One final note.  We are only hours 

16    away from gaveling out, and so I urge the 

17    Assembly to stand with us in solidarity so that 

18    we can make sure that survivors and victims of 

19    rape are able to bring a case if they so choose.

20                 Thank you very much, 

21    Madam President.  I vote aye.

22                 ACTING PRESIDENT MAYER:   Senator 

23    Biaggi to be recorded in the affirmative.

24                 Announce the results.

25                 THE SECRETARY:   In relation to 


                                                               5054

 1    Calendar Number 100, voting in the negative:  

 2    Senator Savino.  

 3                 Ayes, 59.  Nays, 1.

 4                 ACTING PRESIDENT MAYER:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    256, Senate Print 3126B, by Senator Parker, an 

 8    act to amend the Public Service Law.

 9                 ACTING PRESIDENT MAYER:   Read the 

10    last section.

11                 THE SECRETARY:   Section 4.  This 

12    act shall take effect one year after it shall 

13    have become a law.

14                 ACTING PRESIDENT MAYER:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT MAYER:   Announce 

18    the results.

19                 THE SECRETARY:   In relation to 

20    Calendar 256, those Senators voting in the 

21    negative are Senators Borrello, Gallivan, Griffo, 

22    Jordan, Oberacker, Ortt, Rath and Ritchie.

23                 Ayes, 55.  Nays, 8.

24                 ACTING PRESIDENT MAYER:   The bill 

25    is passed.


                                                               5055

 1                 THE SECRETARY:   Calendar Number 

 2    374, Senate Print 534A, by Senator Kaplan, an act 

 3    to amend the Public Health Law.

 4                 ACTING PRESIDENT MAYER:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 2.  This 

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

 8    shall have become a law.

 9                 ACTING PRESIDENT MAYER:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT MAYER:   Announce 

13    the results.

14                 THE SECRETARY:   Ayes, 63.

15                 ACTING PRESIDENT MAYER:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    420, Assembly Print 4010B, substituted earlier by 

19    Assemblymember Thiele, an act to amend the 

20    Transportation Law.

21                 ACTING PRESIDENT MAYER:   Read the 

22    last section.

23                 THE SECRETARY:   Section 2.  This 

24    act shall take effect immediately.  

25                 ACTING PRESIDENT MAYER:   Call the 


                                                               5056

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT MAYER:   Announce 

 4    the results.  

 5                 THE SECRETARY:   Ayes, 63.

 6                 ACTING PRESIDENT MAYER:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    499, Senate Print 991C, by Senator Hoylman, an 

10    act directing the Commissioner of the Office of 

11    Parks, Recreation and Historic Preservation to 

12    conduct a legal review for the redesignation of 

13    Donald J. Trump State Park.

14                 ACTING PRESIDENT MAYER:   Read the 

15    last section.

16                 THE SECRETARY:   Section 2.  This 

17    act shall take effect immediately.

18                 ACTING PRESIDENT MAYER:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT MAYER:   Senator 

22    Hoylman to explain his vote.

23                 SENATOR HOYLMAN:   Thank you, 

24    Madam President.  

25                 This bill would start the process of 


                                                               5057

 1    renaming Donald Trump State Park, a 434-acre 

 2    state park that straddles the borders of 

 3    Westchester and Putnam counties.  It's currently 

 4    dilapidated, mostly undeveloped and untended.  

 5                 We're passing this bill today 

 6    because the names of our parks, which are 

 7    dedicated to the public trust, should embody the 

 8    goals of uplifting and unifying New Yorkers.  

 9                 Donald Trump has been credibly 

10    accused of sexual misconduct by over two dozen 

11    women and has bragged on tape about committing 

12    sexual assault.  He's used derogatory and racist 

13    language in describing the COVID-19 virus and its 

14    origins, contributing to an atmosphere spiking 

15    hate crimes against Asian-Americans.  He's 

16    repeatedly sought to undermine the foundations of 

17    our free and fair elections by amplifying 

18    conspiracy theories, lying about voter fraud, and 

19    trying to strong-arm state election officials 

20    into overturning the will of the people.  And 

21    he's been impeached twice, including for inciting 

22    an insurrection attempt at the U.S. Capitol that 

23    led to the death of five people, including a 

24    police officer.

25                 With the passage of this bill we can 


                                                               5058

 1    send a signal to all New Yorkers and all who 

 2    visit New York from around the world that our 

 3    state's public spaces reflect the best values of 

 4    decency, acceptance and civic pride.  

 5                 I vote aye.

 6                 ACTING PRESIDENT MAYER:   Senator 

 7    Hoylman to be recorded in the affirmative.

 8                 Announce the results.

 9                 THE SECRETARY:   In relation to 

10    Calendar 499, those Senators voting in the 

11    negative are Senators Akshar, Borrello, Boyle, 

12    Felder, Gallivan, Griffo, Helming, Jordan, Lanza, 

13    Martucci, Mattera, Oberacker, O'Mara, Ortt, 

14    Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and 

15    Weik.

16                 Ayes, 42.  Nays, 21.

17                 ACTING PRESIDENT MAYER:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    522, Assembly Print 2573A, substituted earlier by 

21    Assemblymember Fall, an act to amend the 

22    Surrogate's Court Procedure Act.

23                 ACTING PRESIDENT MAYER:   Read the 

24    last section.

25                 THE SECRETARY:   Section 2.  This 


                                                               5059

 1    act shall take effect immediately.  

 2                 ACTING PRESIDENT MAYER:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT MAYER:   Announce 

 6    the results.

 7                 THE SECRETARY:   In relation to 

 8    Calendar 522 those Senators voting in the 

 9    negative are Senators Akshar, Borrello, Boyle, 

10    Gallivan, Griffo, Helming, Jordan, Lanza, 

11    Martucci, Mattera, Oberacker, O'Mara, Ortt, 

12    Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and 

13    Weik. 

14                 Ayes, 43.  Nays, 20.

15                 ACTING PRESIDENT MAYER:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    526, Senate Print 2929B, by Senator Parker, an 

19    act in relation to designating Kings County as a 

20    cease-and-desist zone.

21                 ACTING PRESIDENT MAYER:   Read the 

22    last section.

23                 THE SECRETARY:   Section 4.  This 

24    act shall take effect immediately.  

25                 ACTING PRESIDENT MAYER:   Call the 


                                                               5060

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT MAYER:   Announce 

 4    the results.

 5                 THE SECRETARY:   In relation to 

 6    Calendar 526, those Senators voting in the 

 7    negative are Senators Akshar, Borrello, Boyle, 

 8    Gallivan, Griffo, Helming, Hinchey, Jordan, 

 9    Kaplan, Lanza, Martucci, Mattera, Oberacker, 

10    O'Mara, Ortt, Palumbo, Rath, Reichlin-Melnick, 

11    Ritchie, Serino, Skoufis, Stec, Tedisco and Weik. 

12                 Ayes, 39.  Nays, 24.

13                 ACTING PRESIDENT MAYER:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    606, Assembly Print 5707, substituted earlier by 

17    Assemblymember Joyner, an act to amend the 

18    Criminal Procedure Law.  

19                 ACTING PRESIDENT MAYER:   Read the 

20    last section.

21                 THE SECRETARY:   Section 2.  This 

22    act shall take effect immediately.

23                 ACTING PRESIDENT MAYER:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               5061

 1                 ACTING PRESIDENT MAYER:   Senator  

 2    Bailey to explain his vote.

 3                 SENATOR BAILEY:   Thank you, 

 4    Madam President.  

 5                 And let me thank you again, 

 6    Madam President, for your great work up there 

 7    this session.

 8                 Under the leadership of Andrea 

 9    Stewart-Cousins, we have been a conference that 

10    has believed in second chances, that has believed 

11    in opportunity for individuals, and meaningful 

12    opportunity.  A mistake that an individual makes 

13    does not define them.

14                 So what happens to an individual 

15    when they get involved in something not so 

16    positive, but they are involved in a program of 

17    probation or terms of their release?  We're in a 

18    position right now in the State of New York that 

19    if you are on a construction job, if you're 

20    looking to get your life back together, if you 

21    are a reentry worker, that based upon the 

22    conditions of your release, you may not be able 

23    to engage in meaningful work.

24                 Well, we're going to change that 

25    today.  Under this bill, now you will not be 


                                                               5062

 1    violated for simply -- for bona fide work as a 

 2    result of the terms of your parole.  This is 

 3    going to be a critical step to make sure that the 

 4    women and men who are on our construction sites, 

 5    the women and men who are working in other fields 

 6    in our state are able to actually meaningfully 

 7    reenter the workforce, as we indicated.  

 8                 I'm grateful to the leadership of, 

 9    again, Andrea Stewart-Cousins, Assemblymember 

10    Latoya Joyner, who is my Assembly sponsor, and 

11    all of our colleagues in this chamber who truly 

12    believe that one mistake does not define an 

13    individual and second chances are legitimate and 

14    real, and we should provide individuals with an 

15    opportunity to be able to engage, again, in 

16    meaningful and important work to feed their 

17    families.  

18                 And so I will proudly be casting my 

19    vote in the affirmative, Madam President.  Thank 

20    you.

21                 ACTING PRESIDENT MAYER:   Senator  

22    Bailey to be recorded in the affirmative.

23                 Announce the results.

24                 THE SECRETARY:   In relation to 

25    Calendar 606, those Senators voting in the 


                                                               5063

 1    negative are Senators Akshar, Borrello, Jordan, 

 2    Lanza, Oberacker, O'Mara, Ortt, Rath, Serino, 

 3    Tedisco and Weik.

 4                 Ayes, 52.  Nays, 11.

 5                 ACTING PRESIDENT MAYER:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    793, Senate Print Number 5960, by Senator 

 9    Reichlin-Melnick, an act to amend the 

10    Executive Law.

11                 ACTING PRESIDENT MAYER:   Read the 

12    last section.

13                 THE SECRETARY:   Section 2.  This 

14    act shall take effect immediately.

15                 ACTING PRESIDENT MAYER:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT MAYER:   Senator 

19    Reichlin-Melnick to explain his vote.

20                 SENATOR REICHLIN-MELNICK:   Thank 

21    you, Madam President.  

22                 I can almost guarantee that everyone 

23    in this chamber has a connection to overdose.  It 

24    could have been a friend, a family member, it 

25    could have been the child of a neighbor, or even 


                                                               5064

 1    somebody might have struggled with addiction 

 2    themselves.  But overdose has touched so many 

 3    lives around New York State.  

 4                 More than 24,000 New Yorkers have 

 5    died from an opioid overdose related case between 

 6    2003 and 2018.  More than 24,000.  And that 

 7    number is certainly an undercount.  That's nearly 

 8    130 New Yorkers every month for most of the past 

 9    20 years.  And the problem is getting worse.  

10                 According to the CDC, New York is a 

11    state which consistently sees significant 

12    increases in emergency department visits for 

13    suspected opioid overdoses, meaning that we saw 

14    an over 100 percent increase in emergency room 

15    visits between 2019 and 2020 for these cases.  

16                 And still the stigma associated with 

17    overdose has led to victims and families and 

18    friends suffering in silence as the overdose 

19    public health crisis has continued to escalate.  

20                 International Overdose Awareness Day 

21    is recognized each year on August 31st as a way 

22    of commemorating the lives tragically lost to 

23    drug overdoses each year.  On this day, events 

24    around the world are held to raise awareness of 

25    overdose and reduce the stigma of drug-related 


                                                               5065

 1    deaths.  This day also acknowledges the grief 

 2    felt by family and friends remembering those who 

 3    have died or had a permanent injury as a result 

 4    of drug overdose.  

 5                 Recognizing August 31st as Overdose 

 6    Awareness Day is an important step that will help 

 7    fight the stigma around overdoses.  And I hope 

 8    that we can continue to find better and stronger 

 9    ways to fight back against the overdose epidemic 

10    and protect the health and the wellness of our  

11    constituents, including by passing my bill S3995 

12    in the next session to create a constitutional 

13    amendment to give a right to mental health care 

14    in the State of New York.

15                 And so in memory of the tens of 

16    thousands of New Yorkers who have lost their 

17    lives to the opioid epidemic, I vote yes on this 

18    bill and I thank Senate leadership for bringing 

19    it to a vote.

20                 ACTING PRESIDENT MAYER:   Senator 

21    Reichlin-Melnick to be recorded in the 

22    affirmative.

23                 Announce the results.

24                 THE SECRETARY:   In relation to 

25    Calendar 793:  Ayes, 63.  


                                                               5066

 1                 ACTING PRESIDENT MAYER:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    807, Senate Print 5759B, by Senator Brisport, an 

 5    act to amend the Social Services Law.

 6                 ACTING PRESIDENT MAYER:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 2.  This 

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

10    shall have become a law.

11                 ACTING PRESIDENT MAYER:   Call the 

12    roll.  

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT MAYER:   Announce 

15    the results.

16                 THE SECRETARY:   In relation to 

17    Calendar 807, those Senators voting in the 

18    negative are Senators Akshar, Borrello, Gallivan, 

19    Griffo, Helming, Jordan, Lanza, Martucci, 

20    Mattera, Oberacker, O'Mara, Ortt, Palumbo, Rath 

21    Ritchie, Serino, Stec and Weik. 

22                 Ayes, 45.  Nays, 18.

23                 ACTING PRESIDENT MAYER:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               5067

 1    826, Assembly Print 2395, substituted earlier by 

 2    Assemblymember Aubry, an act to amend the 

 3    Civil Service Law.

 4                 ACTING PRESIDENT MAYER:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 3.  This 

 7    act shall take effect on the 180th day.

 8                 ACTING PRESIDENT MAYER:  Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT MAYER:   Senator  

12    Rivera to explain his vote.

13                 SENATOR RIVERA:   Thank you, 

14    Madam President.

15                 Words matter.  How we speak about 

16    each other matters.  It matters in everyday 

17    conversation, and it certainly matters in policy.

18                 The bill before us, which I am 

19    incredibly proud to be passing today -- and which 

20    passed in the Assembly just a few days ago -- 

21    makes certain that in state law the word "inmate" 

22    is replaced with the term "incarcerated person."  

23                 Why is this important?  Because 

24    language like "inmate," language that has sadly 

25    been used by some of our colleagues on this 


                                                               5068

 1    floor, as "illegal" or "addict" -- all of these 

 2    type of words actually dehumanize people.  

 3    Because ultimately we're talking about people.  

 4    People who use drugs.  People who don't have 

 5    documents.  In this case, people who are 

 6    incarcerated.

 7                 So it was necessary to make this 

 8    change, which is -- it's a long bill, 

 9    Madam President, and it is a long bill because it 

10    changes it in every single instance.  In the 

11    entire state law, where the word "inmate" 

12    appears, it will now be replaced with 

13    "incarcerated person."  So in the future when we 

14    are making policy that relates to people who are 

15    incarcerated, we will stop referring to them both 

16    in law and hopefully in our everyday language as 

17    "these others."  As opposed to that, we're going 

18    to talk about them as people.  

19                 And hopefully, Madam President, this 

20    is one of the things that moves us in a direction 

21    to start changing the way that we interact with 

22    those individuals, who again are people just like 

23    us.  And in policy, we will make that change 

24    permanent.  So I'm incredibly proud to be able to 

25    pass this today.  


                                                               5069

 1                 And the last thing, Madam President, 

 2    I will thank every single person who I have met 

 3    in my 11 years in the Legislature -- it was early 

 4    on in my tenure when I was ranking member on the 

 5    Crime Victims, Crime and Corrections Committee, 

 6    and it was during those times meeting 

 7    individuals, formerly incarcerated individuals, 

 8    who made it very clear to me:  I'm a person, I'm 

 9    not an inmate, I'm not a convict, I'm not a 

10    prisoner.  Not when I was inside, and not while 

11    I'm here sitting in front of you.  

12                 That education actually led to this 

13    moment.  I want to thank each and every one of 

14    them for educating me on that subject.  Hopefully 

15    this is something that can help us change the way 

16    we talk and the way that we deal with these 

17    individuals.  

18                 Madam President, I vote in the 

19    affirmative.  Thank you.

20                 ACTING PRESIDENT MAYER:   Senator  

21    Rivera to be recorded in the affirmative.

22                 Announce the results.

23                 THE SECRETARY:   In relation to 

24    Calendar 826, those Senators voting in the 

25    negative are Senators Borrello, Griffo, Jordan, 


                                                               5070

 1    Martucci, Oberacker, O'Mara, Ortt, Palumbo, Rath, 

 2    Serino, Stec and Weik.

 3                 Ayes, 51.  Nays, 12.

 4                 ACTING PRESIDENT MAYER:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    838, Assembly Print 2505, substituted earlier by 

 8    Assemblymember Weinstein, an act to amend the 

 9    Civil Practice Law and Rules.

10                 ACTING PRESIDENT MAYER:   Read the 

11    last section.

12                 THE SECRETARY:   Section 3.  This 

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

14    shall have become a law.

15                 ACTING PRESIDENT MAYER:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT MAYER:   Announce 

19    the results.

20                 THE SECRETARY:   In relation to 

21    Calendar 838, those Senators voting in the 

22    negative are Senators Akshar, Borrello, Gallivan, 

23    Griffo, Helming, Jordan, Mattera, Oberacker, 

24    O'Mara, Ortt, Palumbo, Rath, Ritchie, Serino, 

25    Stec and Tedisco. 


                                                               5071

 1                 Ayes, 47.  Nays, 16.

 2                 ACTING PRESIDENT MAYER:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    896, Senate Print 784B, by Senator Gounardes, an 

 6    act to amend the Vehicle and Traffic Law.

 7                 ACTING PRESIDENT MAYER:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 5.  This 

10    act shall take effect on the first of April.

11                 ACTING PRESIDENT MAYER:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT MAYER:   Senator  

15    Gounardes to explain his vote.

16                 SENATOR GOUNARDES:   Thank you, 

17    Madam President.

18                 We're all familiar with this 

19    scenario; we're sitting out with our families in 

20    a park, or maybe on our stoop, or we're trying to 

21    get some sleep at night, and all of a sudden a 

22    car will drive past our house with what sounds 

23    like a jet engine attached to the back of it.  Or 

24    we'll be riding our bike through a park somewhere 

25    and we'll hear a car zooming on by with a muffler 


                                                               5072

 1    that sounds like shotgun shots.  

 2                 The fact is that modifying exhaust 

 3    and mufflers in this state has been illegal for a 

 4    very long time, but there has been zero 

 5    accountability on the use of these already 

 6    illegal devices.  The fines, in fact, were only 

 7    $150, the cost of doing business to buy one of 

 8    these things and terrorize your neighbors with 

 9    these modified parts.  

10                 So with this bill today that we are 

11    passing, and thankfully in both chambers, we are 

12    going to finally take a huge crack at cracking 

13    down on the loud, obnoxious, annoying and just 

14    plain old stupid behavior of people modifying 

15    their cars and changing their vehicles to sound 

16    like they are a jet engine at Kennedy Airport on 

17    a Sunday morning.

18                 This is a huge quality of life issue 

19    that we have heard about in every corner of this 

20    state from the moment that we introduced this 

21    legislation, because this affects every single 

22    neighborhood and every single block and every 

23    single community in New York State.  

24                 With the passage of the Sleep Act 

25    today, we are finally putting teeth into the law.  


                                                               5073

 1    We are raising the fines on those individuals who 

 2    improperly install these mufflers and exhausts in 

 3    the first place.  And we are holding accountable 

 4    the individuals who do these installations as 

 5    well, giving us finally the teeth to be able to 

 6    increase enforcement and get these vehicles off 

 7    the road to begin with.

 8                 This is not just about people 

 9    complaining about noise, this is actually a 

10    public health concern.  The World Health 

11    Organization has said that loud and excessive 

12    noise is an understated threat.  And in a country 

13    like the United States, where one in four 

14    Americans suffer from some form of hearing loss, 

15    this actually has a huge impact and will have a 

16    huge impact on the public health of our 

17    communities.  

18                 And I'm so grateful that we can 

19    finally take a crack at cracking down on these 

20    loud, illegal, obnoxious and just God-awful 

21    terrible mufflers and exhausts and finally bring 

22    some peace and sanity back to our roadways, and I 

23    proudly vote aye.  

24                 Thank you.

25                 ACTING PRESIDENT MAYER:   Senator  


                                                               5074

 1    Gounardes to be recorded in the affirmative.

 2                 Announce the results.

 3                 THE SECRETARY:   In relation to 

 4    Calendar 896, those Senators voting in the 

 5    negative are Senators Gallivan, Griffo, Helming, 

 6    Lanza, Mattera, Oberacker, O'Mara, Ortt, Palumbo, 

 7    Rath, Ritchie, Serino, Stec, Tedisco and Weik.

 8                 Ayes, 48.  Nays, 15.

 9                 ACTING PRESIDENT MAYER:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    901, Senate Print 2926, by Senator Kennedy, an 

13    act to amend the Highway Law.

14                 ACTING PRESIDENT MAYER:   There is a 

15    home-rule message at the desk.  

16                 Read the last section.

17                 THE SECRETARY:   Section 2.  This 

18    act shall take effect immediately.

19                 ACTING PRESIDENT MAYER:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT MAYER:  Announce 

23    the results.

24                 THE SECRETARY:  Ayes, 63.  

25                 ACTING PRESIDENT MAYER:   The bill 


                                                               5075

 1    is passed.  

 2                 THE SECRETARY:   Calendar Number 

 3    902, Senate Print 2927, by Senator Kennedy, an 

 4    act to amend the Highway Law.

 5                 ACTING PRESIDENT MAYER:   There is a 

 6    home-rule message at the desk.

 7                 Read the last section.

 8                 THE SECRETARY:   Section 2.  This 

 9    act shall take effect immediately.

10                 ACTING PRESIDENT MAYER:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT MAYER:   Announce 

14    the results.

15                 THE SECRETARY:   Ayes, 63.

16                 ACTING PRESIDENT MAYER:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    948, Senate Print 5115, by Senator Ryan, an act 

20    authorizing the Village of Angola and the City of 

21    Buffalo to correct a boundary line between 

22    certain properties in the Town of Evans in the 

23    County of Erie.

24                 ACTING PRESIDENT MAYER:   There is a 

25    home-rule message at the desk.


                                                               5076

 1                 Read the last section.

 2                 THE SECRETARY:   Section 2.  This 

 3    act shall take effect immediately.

 4                 ACTING PRESIDENT MAYER:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT MAYER:   Announce 

 8    the results.

 9                 THE SECRETARY:   Ayes, 63.  

10                 ACTING PRESIDENT MAYER:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    950, Assembly Print 3201B, substituted earlier by 

14    Assemblymember McDonald, an act to amend the 

15    General Municipal Law.

16                 ACTING PRESIDENT MAYER:   Read the 

17    last section.

18                 THE SECRETARY:   Section 2.  This 

19    act shall take effect immediately.  

20                 ACTING PRESIDENT MAYER:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT MAYER:   Announce 

24    the results.

25                 THE SECRETARY:   In relation to 


                                                               5077

 1    Calendar Number 950, voting in the negative:  

 2    Senator Rath.

 3                 Ayes, 62.  Nays, 1.

 4                 ACTING PRESIDENT MAYER:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    951, Senate Print 5953A, by Senator 

 8    Reichlin-Melnick, an act in relation to 

 9    authorizing the Town of Orangetown, County of 

10    Rockland, to discontinue the use of certain 

11    parkland.

12                 ACTING PRESIDENT MAYER:   There is a 

13    home-rule message at the desk.

14                 Read the last section.

15                 THE SECRETARY:   Section 7.  This 

16    act shall take effect immediately.  

17                 ACTING PRESIDENT MAYER:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT MAYER:   Announce 

21    the results.

22                 THE SECRETARY:  Ayes, 63.  

23                 ACTING PRESIDENT MAYER:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               5078

 1    988, Assembly Print 2530, substituted earlier by 

 2    Assemblymember Barrett, an act to amend the 

 3    Correction Law.

 4                 ACTING PRESIDENT MAYER:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 2.  This 

 7    act shall take effect immediately.

 8                 ACTING PRESIDENT MAYER:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT MAYER:   Announce 

12    the results.

13                 THE SECRETARY:   In relation to 

14    Calendar Number 988, voting in the negative:  

15    Senator Borrello.  

16                 Ayes, 62.  Nays, 1.

17                 ACTING PRESIDENT MAYER:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    1088, Senate Print 2012, by Senator Jackson, an 

21    act to amend the Administrative Code of the City 

22    of New York.

23                 ACTING PRESIDENT MAYER:   Read the 

24    last section.

25                 THE SECRETARY:   Section 5.  This 


                                                               5079

 1    act shall take effect immediately.

 2                 ACTING PRESIDENT MAYER:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT MAYER:   Announce 

 6    the results.

 7                 THE SECRETARY:   In relation to 

 8    Calendar 1088, those Senators voting in the 

 9    negative are Senators Akshar, Borrello, Boyle, 

10    Gallivan, Griffo, Jordan, Lanza, Martucci, 

11    Mattera, Oberacker, O'Mara, Ortt, Palumbo, Rath, 

12    Ritchie, Serino, Stec, Tedisco and Weik.

13                 Ayes, 44.  Nays, 19.

14                 ACTING PRESIDENT MAYER:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    1089, Senate Print 2013, by Senator Jackson, an 

18    act to amend the Administrative Code of the City 

19    of New York.

20                 ACTING PRESIDENT MAYER:   Read the 

21    last section.

22                 THE SECRETARY:   Section 2.  This 

23    act shall take effect immediately.

24                 ACTING PRESIDENT MAYER:   Call the 

25    roll.


                                                               5080

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT MAYER:   Announce 

 3    the results.

 4                 THE SECRETARY:   In relation to 

 5    Calendar 1089, those Senators voting in the 

 6    negative are Senators Akshar, Borrello, Boyle, 

 7    Gallivan, Griffo, Helming, Jordan, Lanza, 

 8    Martucci, Mattera, Oberacker, O'Mara, Ortt, 

 9    Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and 

10    Weik.

11                 Ayes, 43.  Nays, 20.

12                 ACTING PRESIDENT MAYER:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    1109, Senate Print 1997, by Senator Jackson, an 

16    act to amend the Labor Law.

17                 ACTING PRESIDENT MAYER:   Read the 

18    last section.

19                 THE SECRETARY:   Section 2.  This 

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

21    shall have become a law.

22                 ACTING PRESIDENT MAYER:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT MAYER:   Senator 


                                                               5081

 1    Jackson to explain his vote.

 2                 SENATOR JACKSON:   Thank you, 

 3    Madam President.

 4                 My colleagues, I rise to explain my 

 5    support for Bill S1997.  The passage of this bill 

 6    today will be a victory for patients, families 

 7    and the tens of thousands of hardworking nurses 

 8    across New York State who helped so many of us 

 9    survive this pandemic.

10                 Ten years ago, the Senate did the 

11    right thing and passed a well-intentioned law to 

12    limit mandatory overtime.  But there was no 

13    enforcement mechanism in it, and employers 

14    continued to work nurses far beyond their 

15    assigned hours.  So every day in every county in 

16    this state, exhausted nurses are still trying to 

17    provide the highest-quality patient care they can 

18    in very trying, understaffed situations -- even 

19    more so during COVID-19.  

20                 That's wrong for the nurses and 

21    wrong for every family who has worried about 

22    their loved one's quality of care.  No one 

23    benefited except healthcare tycoons who refused 

24    to properly staff their facilities.

25                 Now, Madam President, with the 


                                                               5082

 1    passage of this bill nurses, patients and their 

 2    families will have a way to turn the situation 

 3    around and to begin to address chronic 

 4    understaffing in all of our health settings.

 5                 This bill, Madam President, creates 

 6    fines between $1,000 and $10,000 for each 

 7    employer infraction, and also allows nurses an 

 8    additional 15 percent overtime pay as additional 

 9    compensation.

10                 This is justice after years of abuse 

11    to many nurses.  Forced overtime is bad for all 

12    of us, Madam President.  So I humbly ask my 

13    colleagues to join me in passing this bill that 

14    will mean better-quality care for patients and 

15    families and clearer, enforceable rights on the 

16    job for thousands of nurses.  And I hope you'll 

17    join me in voting aye.

18                 Thank you, Madam President.

19                 ACTING PRESIDENT MAYER:   Senator 

20    Jackson to be recorded in the affirmative.

21                 Announce the results.

22                 THE SECRETARY:   In relation to 

23    Calendar 1109, those Senators voting in the 

24    negative are Senators Akshar, Gallivan, Rath and 

25    Stec.


                                                               5083

 1                 Ayes, 59.  Nays, 4.

 2                 ACTING PRESIDENT MAYER:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    1150, Senate Print 2143A, by Senator Kavanagh, an 

 6    act to amend the Banking Law.

 7                 ACTING PRESIDENT MAYER:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 2.  This 

10    act shall take effect immediately.

11                 ACTING PRESIDENT MAYER:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT MAYER:   Announce 

15    the results.

16                 THE SECRETARY:   In relation to 

17    Calendar 1150, those Senators voting in the 

18    negative are Senators Akshar, Borrello, Boyle, 

19    Gallivan, Griffo, Helming, Jordan, Lanza, 

20    Martucci, Mattera, Oberacker, O'Mara, Ortt, 

21    Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and 

22    Weik.

23                 Ayes, 43.  Nays, 20.

24                 ACTING PRESIDENT MAYER:   The bill 

25    is passed.


                                                               5084

 1                 THE SECRETARY:   Calendar Number 

 2    1203, Assembly Print 2111, substituted earlier by 

 3    Assemblymember Simon, an act to amend the 

 4    Tax Law.

 5                 ACTING PRESIDENT MAYER:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 2.  This 

 8    act shall take effect immediately.

 9                 ACTING PRESIDENT MAYER:  Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT MAYER:   Senator 

13    Reichlin-Melnick to explain his vote.

14                 SENATOR REICHLIN-MELNICK:   Thank 

15    you very much, Madam President.  

16                 Around the country the gun violence 

17    epidemic is on the rise, and that includes here 

18    in New York State.  Over 900 New Yorkers a year 

19    are killed by guns.  Shootings in major cities in 

20    New York have increased by anywhere from 

21    70 percent to 110 percent, year over year, 

22    between 2019 and 2020, mirroring a national 

23    trend.  Fifty-four percent of gun deaths in New 

24    York State are suicides.  

25                 It's time that we begin to 


                                                               5085

 1    understand the gun violence epidemic for what it 

 2    is, and that is a public health crisis, 

 3    exacerbated by poverty, purposely ignored by 

 4    many.  It's time that we devote considerable 

 5    resources to understanding the factors that have 

 6    led to this increase in gun violence and consider 

 7    systemic changes to our laws that will help us 

 8    turn these horrifying statistics around and begin 

 9    to finally solve the underlying problems that 

10    cause the gun violence epidemic.  

11                 This bill will allow for state 

12    taxpayers who are concerned about gun violence to 

13    make an optional contribution to a new 

14    Gun Violence Research Fund when they pay their 

15    state taxes each year.  This fund will be 

16    maintained by the State Comptroller and managed 

17    by SUNY's Gun Violence Research Program, which 

18    will conduct research into the causes of gun 

19    violence and into effective strategies and 

20    solutions to mitigate those causes.  

21                 The Gun Violence Research Fund will 

22    also be able to receive gifts and donations from 

23    organizations and advocates or anyone who wants 

24    to support the fund, as well as from 

25    appropriations to the fund that may be included 


                                                               5086

 1    in future state budgets, which I hope this 

 2    chamber will strongly consider making in the 

 3    2022-2023 budget process.  

 4                 I thank my colleagues and the 

 5    leadership for helping bring this very important 

 6    bill to the floor today, and I look forward to 

 7    making strides towards finally solving the gun 

 8    violence epidemic in New York.  

 9                 I proudly vote aye.

10                 ACTING PRESIDENT MAYER:   Senator 

11    Reichlin-Melnick to be recorded in the 

12    affirmative.

13                 Announce the results.

14                 THE SECRETARY:   In relation to 

15    Calendar 1203, those Senators voting in the 

16    negative are Senators Borrello, Gallivan, Griffo, 

17    Jordan, Lanza, Oberacker, Ortt, Palumbo, Rath, 

18    Ritchie, Serino, Stec, Tedisco and Weik.

19                 Ayes, 49.  Nays, 14.

20                 ACTING PRESIDENT MAYER:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    1239, Senate Print 4943B, by Senator Biaggi, an 

24    act to amend the Public Authorities Law.

25                 ACTING PRESIDENT MAYER:   Read the 


                                                               5087

 1    last section.

 2                 THE SECRETARY:   Section 6.  This 

 3    act shall take effect immediately.

 4                 ACTING PRESIDENT MAYER:  Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT MAYER:   Senator 

 8    Biaggi to explain her vote.

 9                 SENATOR BIAGGI:   Thank you, 

10    Madam President.

11                 I rise today to proudly vote in 

12    favor of this bill, which requires the MTA to 

13    develop a strategic action plan that promotes 

14    cycling and pedestrian access on all MTA bridges 

15    and at commuter rail stations, something that I 

16    hear about all of the time from my constituents 

17    in my district.

18                 Despite the rapid growth of 

19    bicycling across all five boroughs in New York 

20    City over the last decade, which has really been 

21    incredible, unfortunately the MTA has not done 

22    enough to improve bicycle access at its stations 

23    and really make sure that we are connecting all 

24    five boroughs together.

25                 As more New Yorkers have turned to 


                                                               5088

 1    cycling, not only during this pandemic but really 

 2    over, again, this past decade, as well as to 

 3    outdoor spaces, it is really our responsibility 

 4    to do everything that we can to connect -- to be 

 5    the connecting force that really brings 

 6    communities together, that increases 

 7    accessibility for cyclists and pedestrians, and 

 8    also encourages residents to use clean forms of 

 9    transportation.

10                 Passing this legislation today 

11    allows us to transform our connective pedestrian 

12    access system as well as to connect all five 

13    boroughs.  I am very proud to carry this bill 

14    with my Assembly sponsor, Assemblymember Jessica 

15    González-Rojas, and I really do look forward to 

16    this bill making it to the Governor's desk.

17                 Thank you very much.

18                 ACTING PRESIDENT MAYER:   Senator 

19    Biaggi to be recorded in the affirmative.

20                 Senator Gounardes to explain his 

21    vote.

22                 SENATOR GOUNARDES:   Thank you, 

23    Madam President.  

24                 I want to rise in support of this 

25    bill, and I want to thank Senator Biaggi for this 


                                                               5089

 1    really important piece of legislation.  

 2                 You know, I represent the southern 

 3    tip of Brooklyn, southwest corner of Brooklyn, 

 4    where you can start with your bike at the foot of 

 5    the Verrazzano Bridge and ride your bike through 

 6    all five boroughs into New Jersey, back down to 

 7    Staten Island, to the other side of the 

 8    Verrazzano Bridge, but you can't go across that 

 9    bridge.  It's one of the few bridges we have that 

10    you cannot get across in New York City.  

11                 So you can ride your bike a hundred 

12    miles in a circle but not be able to complete 

13    that trip, because we don't have full access to 

14    our MTA bridges.  

15                 And so I think this legislation is 

16    incredibly important.  There has been a 

17    grassroots movement of support to expand 

18    pedestrian and cyclist access to this bridge for 

19    many, many years.  I support that project, I 

20    support that cause.  

21                 And hopefully if we're able to pass 

22    this legislation, we'll finally be able to put 

23    together a plan to finally close that gap -- it's 

24    a two-mile distance to close that gap, close that 

25    harbor ring distance -- to finally give people 


                                                               5090

 1    access, true five-borough access throughout 

 2    New York City.

 3                 Thank you.

 4                 ACTING PRESIDENT MAYER:   Senator  

 5    Gounardes to be recorded in the affirmative.

 6                 Announce the results.

 7                 THE SECRETARY:   Ayes, 63.

 8                 ACTING PRESIDENT MAYER:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    1257, Senate Print 1335, by Senator Krueger, an 

12    act to amend the Racing, Pari-Mutuel Wagering and 

13    Breeding Law.

14                 ACTING PRESIDENT MAYER:   Read the 

15    last section.

16                 THE SECRETARY:   Section 5.  This 

17    act shall take effect immediately.

18                 ACTING PRESIDENT MAYER:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT MAYER:   Announce 

22    the results.

23                 THE SECRETARY:   In relation to 

24    Calendar 1257, those Senators voting in the 

25    negative are Senators Boyle, Mattera, O'Mara, 


                                                               5091

 1    Ritchie, Serino and Stec.

 2                 Ayes, 57.  Nays, 6.

 3                 ACTING PRESIDENT MAYER:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    1258, Senate Print 1443A, by Senator Addabbo, an 

 7    act to amend the Racing, Pari-Mutuel Wagering and 

 8    Breeding Law.

 9                 ACTING PRESIDENT MAYER:   Read the 

10    last section.

11                 THE SECRETARY:   Section 4.  This 

12    act shall take effect immediately.

13                 ACTING PRESIDENT MAYER:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT MAYER:   Announce 

17    the results.

18                 THE SECRETARY:   In relation to 

19    Calendar 1258, those Senators voting in the 

20    negative are Senators Griffo, Lanza, Oberacker, 

21    O'Mara, Palumbo, Serino and Stec.

22                 Ayes, 56.  Nays, 7.

23                 ACTING PRESIDENT MAYER:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               5092

 1    1281, Senate Print 4686, by Senator Helming, an 

 2    act granting retroactive membership in the 

 3    New York State and Local Employees' Retirement 

 4    System to Justin Whitmore.

 5                 SENATOR LANZA:   Lay it aside for 

 6    the day.

 7                 ACTING PRESIDENT MAYER:   The bill 

 8    is laid aside for the day.

 9                 THE SECRETARY:   Calendar Number 

10    1336, Senate Print 4516C, by Senator Kaplan, an 

11    act to amend the Penal Law.

12                 ACTING PRESIDENT MAYER:   Read the 

13    last section.

14                 THE SECRETARY:   Section 3.  This 

15    act shall take effect immediately.  

16                 ACTING PRESIDENT MAYER:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT MAYER:   Announce 

20    the results.

21                 THE SECRETARY:   In relation to 

22    Calendar 1336, those Senators voting in the 

23    negative are Senators Biagi, Borrello, Brisport, 

24    Gallivan, Griffo, Helming, Lanza, Myrie, 

25    Oberacker, O'Mara, Ortt, Ritchie, Rivera, Serino 


                                                               5093

 1    and Weik.

 2                 Ayes, 48.  Nays, 15.

 3                 ACTING PRESIDENT MAYER:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    1396, Senate Print 6565A, by Senator Borrello, an 

 7    act to amend Chapter 129 of the Laws of 2020.

 8                 ACTING PRESIDENT MAYER:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 2.  This 

11    act shall take effect immediately.  

12                 ACTING PRESIDENT MAYER:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT MAYER:   Announce 

16    the results.

17                 THE SECRETARY:   Ayes, 63.  

18                 ACTING PRESIDENT MAYER:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    1443, Senate Print 4104, by Senator Breslin, an 

22    act to amend the General Business Law.

23                 ACTING PRESIDENT MAYER:   Read the 

24    last section.

25                 THE SECRETARY:   Section 3.  This 


                                                               5094

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

 2    shall have become a law.

 3                 ACTING PRESIDENT MAYER:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT MAYER:   Senator 

 7    Boyle to explain his vote.

 8                 SENATOR BOYLE:   Thank you, 

 9    Madam President, to explain my vote.  

10                 It's a privilege to stand here to 

11    support this legislation by Senator Breslin, the 

12    Digital Fair Repair Act.  

13                 I was privileged to sponsor this 

14    bill myself for years.  I want to thank my former 

15    constituent, John Kamen, for bringing it to my 

16    attention, and to Gay Gordon-Byrne as a tireless 

17    advocate for this piece of legislation.  

18                 What does it do?  It protects 

19    consumers from monopolistic practices of digital 

20    electronics manufacturers.  It requires 

21    manufacturers to make non-trade-secret diagnostic 

22    and repair information available for sale to 

23    third-party repairers.  

24                 What does that mean?  Well, we all 

25    have computers, laptops, tablets, smart phones 


                                                               5095

 1    that need repair once in a while.  Many times we 

 2    have to ship them back to the manufacturers to 

 3    get repairs, simple repairs, which cost a lot 

 4    more.

 5                 There are -- this is -- very rarely 

 6    do we get a bill that we have a win/win/win 

 7    situation.  Now, individuals can repair their own 

 8    tablets and smart phones and computers -- and 

 9    farm equipment.  We don't have to send it back to 

10    the manufacturers.

11                 It also stops monopolistic 

12    practices.  The FTC said these practices are pure 

13    and simple monopolies.  So it will allow 

14    individuals and small business people to repair 

15    these products.

16                 Lastly, it's good for the 

17    environment.  Because people like me with no 

18    technical skills at all throw our things out, our 

19    electronic equipment out, and buy a new one, 

20    creating more e-waste.  Now we're going to be 

21    able to fix digital equipment.  

22                 And it also doesn't just go for 

23    computers and things like that.  Anything with a 

24    chip in it -- it could be a refrigerator, it 

25    could be your television set, whatever.  It's 


                                                               5096

 1    going to stop a lot of e-waste.  That's good for 

 2    the environment, good for our small business, and 

 3    good for New York.  

 4                 I vote in the affirmative.  

 5                 ACTING PRESIDENT MAYER:   Senator 

 6    Boyle to be recorded in the affirmative.

 7                 Announce the results.

 8                 THE SECRETARY:   In relation to 

 9    Calendar 1443, those Senators voting in the 

10    negative are Senators Akshar, Borrello, Griffo, 

11    Lanza, Mannion, Martucci, Ortt, Palumbo, Rath, 

12    Ritchie, Serino, Stec, Tedisco and Weik.

13                 Ayes, 49.  Nays, 14.

14                 ACTING PRESIDENT MAYER:   The bill 

15    is passed.  

16                 THE SECRETARY:   Calendar Number 

17    1498, Senate Print 6350A, by Senator Benjamin, an 

18    act to amend the Real Property Tax Law.

19                 ACTING PRESIDENT MAYER:   Read the 

20    last section.

21                 THE SECRETARY:   Section 7.  This 

22    act shall take effect immediately.

23                 ACTING PRESIDENT MAYER:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               5097

 1                 ACTING PRESIDENT MAYER:   Announce 

 2    the results.

 3                 THE SECRETARY:   In relation to 

 4    Calendar 1498, those Senators voting in the 

 5    negative are Senators Akshar, Borrello, Boyle, 

 6    Gallivan, Griffo, Helming, Jordan, Oberacker, 

 7    O'Mara, Ortt, Palumbo, Rath, Ritchie, Serino, 

 8    Stec and Tedisco.

 9                 Ayes, 47.  Nays, 16.

10                 ACTING PRESIDENT MAYER:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    1503, Senate Print 6758A, by Senator Griffo, an 

14    act to establish a wind energy systems tax 

15    stabilization reserve fund.

16                 ACTING PRESIDENT MAYER:   Read the 

17    last section.

18                 THE SECRETARY:   Section 4.  This 

19    act shall take effect immediately.  

20                 ACTING PRESIDENT MAYER:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT MAYER:   Announce 

24    the results.

25                 THE SECRETARY:   Ayes, 63.


                                                               5098

 1                 ACTING PRESIDENT MAYER:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    1505, Senate Print 6871, by Senator Harckham, an 

 5    act to amend the Tax Law and the State Finance 

 6    Law.

 7                 ACTING PRESIDENT MAYER:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 4.  This 

10    act shall take effect immediately.  

11                 ACTING PRESIDENT MAYER:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT MAYER:   Senator  

15    Serino to explain her vote.

16                 SENATOR SERINO:   Thank you very 

17    much, Madam President.  

18                 I want to thank Senator Harckham 

19    sincerely for not only bringing this bill to the 

20    floor today, but for joining me in tackling ticks 

21    and taking the issue of Lyme disease head on.

22                 I'm a firm believer that many of the 

23    issues we deal with in this chamber really 

24    transcend politics, and this is certainly one of 

25    them.  Lyme disease alone impacts almost 500,000 


                                                               5099

 1    Americans every year, and here in New York we are 

 2    at the epicenter of the epidemic.  

 3                 Combating the spread of Lyme and 

 4    tick-borne diseases will take committed partners 

 5    at every level, but most importantly it's really 

 6    going to take real resources.  This bill is an 

 7    opportunity for New Yorkers themselves to play a 

 8    role in supporting research, prevention and 

 9    education initiatives by donating voluntarily 

10    through a tax checkoff to a new fund that would 

11    be dedicated to bolstering research in this 

12    field.  

13                 This is an issue I think we can all 

14    agree has been underfunded for far too long.  But 

15    the COVID-19 pandemic and the record rates at 

16    which New Yorkers are taking to the outdoors have 

17    really shined a new light on the problem.  

18    Initiatives like this we hope will really make a 

19    real difference by ensuring New York is leading 

20    the way to protecting our residents against these 

21    devastating diseases.  

22                 I am incredibly proud to have 

23    drafted this bill and to vote in support of it 

24    today, and I thank Senator Harckham and 

25    Senator -- Leader Stewart-Cousins for bringing 


                                                               5100

 1    the bill before the house, and all of my 

 2    colleagues who are supporting this bill today.

 3                 Thank you, Madam President.

 4                 ACTING PRESIDENT MAYER:   Senator  

 5    Serino to be recorded in the affirmative.

 6                 Announce the results.

 7                 THE SECRETARY:   Ayes, 63.

 8                 ACTING PRESIDENT MAYER:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    1520, Senate Print 415A, by Senator Biaggi, an 

12    act to amend the Vehicle and Traffic Law.

13                 ACTING PRESIDENT MAYER:   There is a 

14    home-rule message at the desk.

15                 Read the last section.

16                 THE SECRETARY:   Section 14.  This 

17    act shall take effect immediately.

18                 ACTING PRESIDENT MAYER:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT MAYER:   Announce 

22    the results.

23                 THE SECRETARY:   In relation to 

24    Calendar Number 1520, voting in the negative:  

25    Senator Lanza.


                                                               5101

 1                 Ayes, 62.  Nays, 1.

 2                 ACTING PRESIDENT MAYER:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    1533, Assembly Print 7472, substituted earlier by 

 6    Assemblymember Stern, an act to amend the 

 7    Executive Law.

 8                 ACTING PRESIDENT MAYER:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 2.  This 

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

12    shall have become a law.

13                 ACTING PRESIDENT MAYER:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT MAYER:   Announce 

17    the results.

18                 THE SECRETARY:   Ayes, 63.

19                 ACTING PRESIDENT MAYER:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    1538, Senate Print 4271, by Senator Gallivan, an 

23    act to authorize Timothy Colling to receive 

24    certain credit under Section 384-d of the 

25    Retirement and Social Security Law.


                                                               5102

 1                 SENATOR LANZA:   Lay it aside for 

 2    the day.

 3                 ACTING PRESIDENT MAYER:   The bill 

 4    is laid aside for the day.

 5                 THE SECRETARY:   Calendar Number 

 6    1539, Senate Print 4323C, by Senator Comrie, an 

 7    act to establish a construction industry advisory 

 8    council on public contracting reform.

 9                 ACTING PRESIDENT MAYER:   Read the 

10    last section.

11                 THE SECRETARY:   Section 11.  This 

12    act shall take effect immediately.

13                 ACTING PRESIDENT MAYER:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT MAYER:   Announce 

17    the results.

18                 THE SECRETARY:   Ayes, 63.

19                 ACTING PRESIDENT MAYER:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    1545, Senate Print 4938C, by Senator Martucci, an 

23    act to authorize the Village of New Paltz, County 

24    of Ulster, to alienate and discontinue the use of 

25    certain parklands.


                                                               5103

 1                 ACTING PRESIDENT MAYER:   There is a 

 2    home-rule message at the desk.

 3                 Read the last section.

 4                 THE SECRETARY:   Section 8.  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, 63.

12                 ACTING PRESIDENT MAYER:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    1557, Assembly Print 7088A, substituted earlier 

16    by Assemblymember Kelles, an act to amend the 

17    Real Property Tax Law.

18                 ACTING PRESIDENT MAYER:   Read the 

19    last section.

20                 THE SECRETARY:   Section 2.  This 

21    act shall take effect immediately.

22                 ACTING PRESIDENT MAYER:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT MAYER:   Announce 


                                                               5104

 1    the results.  

 2                 THE SECRETARY:   In relation to 

 3    Calendar Number 1557, voting in the negative:  

 4    Senator Skoufis.

 5                 Ayes, 62.  Nays, 1.

 6                 ACTING PRESIDENT MAYER:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    1577, Senate Print 6847, by Senator Palumbo, an 

10    act to amend the Town Law.

11                 ACTING PRESIDENT MAYER:   Read the 

12    last section.

13                 THE SECRETARY:   Section 3.  This 

14    act shall take effect immediately.

15                 ACTING PRESIDENT MAYER:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT MAYER:   Announce 

19    the results.

20                 THE SECRETARY:   In relation to 

21    Calendar 1577, those Senators voting in the 

22    negative are Senators Gallivan and Skoufis.

23                 Ayes, 61.  Nays, 2.

24                 ACTING PRESIDENT MAYER:   The bill 

25    is passed.


                                                               5105

 1                 THE SECRETARY:   Calendar Number 

 2    1594, Senate Print 7135A, by Senator Ramos, an 

 3    act to amend the Labor Law.

 4                 ACTING PRESIDENT MAYER:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 2.  This 

 7    act shall take effect immediately.

 8                 ACTING PRESIDENT MAYER:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT MAYER:   Announce 

12    the results.

13                 THE SECRETARY:   In relation to 

14    Calendar 1594, those Senators voting in the 

15    negative are Senators Akshar, Borrello, Gallivan, 

16    Griffo, Jordan, Martucci, Oberacker, O'Mara, 

17    Ortt, Rath, Stec, Tedisco and Weik.

18                 Ayes, 50.  Nays, 13.

19                 ACTING PRESIDENT MAYER:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    1605, Senate Print 7176, by Senator Parker, an 

23    act to amend the Energy Law.

24                 ACTING PRESIDENT MAYER:   Read the 

25    last section.


                                                               5106

 1                 THE SECRETARY:   Section 23.  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 1605, those Senators voting in the 

10    negative are Senators Akshar, Borrello, Boyle, 

11    Gallivan, Griffo, Helming, Jordan, Lanza, 

12    Martucci, Mattera, Oberacker, O'Mara, Ortt, 

13    Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and 

14    Weik.

15                 Ayes, 43.  Nays, 20.

16                 ACTING PRESIDENT MAYER:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    1607, Senate Print 7184, by Senator Mayer, an act 

20    in relation to authorizing the City of 

21    New Rochelle, County of Westchester, to sell, 

22    convey and alienate certain land.

23                 ACTING PRESIDENT MAYER:   There is a 

24    home-rule message at the desk.

25                 Read the last section.


                                                               5107

 1                 THE SECRETARY:   Section 11.  This 

 2    act shall take effect immediately.

 3                 ACTING PRESIDENT MAYER:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT MAYER:   Announce 

 7    the results.

 8                 THE SECRETARY:   Ayes, 63.

 9                 ACTING PRESIDENT MAYER:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    1615, Senate Print 7195, by Senator 

13    Stewart-Cousins, an act to amend Chapter 50 of 

14    the Laws of 2021.

15                 SENATOR SERRANO:   Lay it aside for 

16    the day, please.  

17                 ACTING PRESIDENT MAYER:   The bill 

18    is laid aside for the day.

19                 THE SECRETARY:   Calendar Number 

20    1644, Assembly Print 743A, substituted earlier by 

21    Assemblymember Wallace, an act to amend the 

22    State Finance Law.

23                 ACTING PRESIDENT MAYER:   Read the 

24    last section.

25                 THE SECRETARY:   Section 2.  This 


                                                               5108

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

 2    shall have become a law.

 3                 ACTING PRESIDENT MAYER:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT MAYER:   Announce 

 7    the results.

 8                 THE SECRETARY:   Ayes, 63.

 9                 ACTING PRESIDENT MAYER:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    1658, Senate Print 6562A, by Senator Jordan, an 

13    act to amend the Highway Law.

14                 ACTING PRESIDENT MAYER:   Read the 

15    last section.

16                 THE SECRETARY:   Section 3.  This 

17    act shall take effect immediately.

18                 ACTING PRESIDENT MAYER:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT MAYER:   Announce 

22    the results.

23                 THE SECRETARY:   In relation to 

24    Calendar Number 1658, voting in the negative:  

25    Senator Brisport.  


                                                               5109

 1                 Ayes, 62.  Nays, 1.

 2                 ACTING PRESIDENT MAYER:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    1659, Senate Print 6617, by Senator Gounardes, an 

 6    act to amend the State Finance Law.

 7                 ACTING PRESIDENT MAYER:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 2.  This 

10    act shall take effect January 1, 2023.

11                 ACTING PRESIDENT MAYER:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT MAYER:   Announce 

15    the results.

16                 THE SECRETARY:   Ayes, 63.

17                 ACTING PRESIDENT MAYER:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    1671, Senate Print 7014, by Senator Addabbo, an 

21    act to amend the Racing, Pari-Mutuel Wagering and 

22    Breeding Law.

23                 ACTING PRESIDENT MAYER:   Read the 

24    last section.

25                 THE SECRETARY:   Section 3.  This 


                                                               5110

 1    act shall take effect immediately.

 2                 ACTING PRESIDENT MAYER:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT MAYER:   Announce 

 6    the results.

 7                 THE SECRETARY:   Ayes, 63.

 8                 ACTING PRESIDENT MAYER:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    1677, Assembly Print 476, substituted earlier by 

12    Assemblymember Rozic, an act to amend the 

13    Public Service Law.

14                 ACTING PRESIDENT MAYER:   Read the 

15    last section.

16                 THE SECRETARY:   Section 2.  This 

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

18    shall have become a law.

19                 ACTING PRESIDENT MAYER:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT MAYER:   Announce 

23    the results.

24                 THE SECRETARY:   In relation to 

25    Calendar 1677, those Senators voting in the 


                                                               5111

 1    negative are Senators Boyle, Helming, Lanza, Ortt 

 2    and Serino.

 3                 Ayes, 58.  Nays, 5.

 4                 ACTING PRESIDENT MAYER:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    1684, Senate Print 4306B, by Senator Gianaris --

 8                 SENATOR LANZA:   Lay it aside.

 9                 ACTING PRESIDENT MAYER:   The bill 

10    is laid aside.

11                 THE SECRETARY:   Calendar Number 

12    1685, Senate Print 1144A, by Senator Benjamin, an 

13    act to amend the Executive Law and the Penal Law.

14                 ACTING PRESIDENT MAYER:   Read the 

15    last section.

16                 THE SECRETARY:   Section 10.  This 

17    act shall take effect March 1, 2022.

18                 ACTING PRESIDENT MAYER:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT MAYER:   Senator 

22    Palumbo to explain his vote.

23                 SENATOR PALUMBO:   Thank you, 

24    Madam President.

25                 So I rise today to express my very 


                                                               5112

 1    serious concerns with this bill, but I'd like to 

 2    preface my comments with I think some areas where 

 3    we're all in agreement.

 4                 See, the criminal justice system is 

 5    supposed to be about rehabilitation.  I think we 

 6    can all agree that crimes against people, crimes 

 7    against property, crimes against society -- the 

 8    so-called victimless crimes, like drug sales and 

 9    so forth, driving while intoxicated if there are 

10    no injuries or accidents, those we all think are 

11    not good.  

12                 And we have a society of rules.  And 

13    we need to abide by those rules, which are 

14    codified in our criminal statutes.  And when you 

15    violate them, you pay a debt to society, and so 

16    you go through our criminal justice system.  And 

17    it is not perfect.  But that's our system of 

18    jurisprudence, is you go into a courthouse, you 

19    are adjudicated either by a plea or by a jury of 

20    your peers or a judge as a factfinder, and they 

21    mete out a fair and just sentence.

22                 And at the time of sentence, you 

23    consider all the appropriate factors as far as 

24    what the extent of that debt to society should 

25    be:  Your criminal history, the nature of the 


                                                               5113

 1    offense.  There are big differences between 

 2    crimes.  I mean, having been -- I've been on both 

 3    sides of the aisle, as many of you know, as a 

 4    prosecutor and as a defense attorney.  And more 

 5    as a prosecutor, where you're weighing these 

 6    factors, you think about does someone have a 

 7    prior felony history, was there prior violence.  

 8    Was this, for example, a drug sale versus someone 

 9    who's addicted, a lower-level drug sale versus a 

10    case -- ones that I've had where someone goes in 

11    to stick up a convenience store, forces the clerk 

12    into the staff room, rapes her and then finishes 

13    the robbery.  That's a very different type of 

14    crime.  And those factors are weighed, and the 

15    sentence is meted out.

16                 What this bill does is has 

17    absolutely no regard for the victims and the 

18    process, quite frankly.  And I'm going to tell 

19    you a few reasons why.

20                 The standard required at a parole 

21    hearing -- there are now two separate hearings.  

22    A preliminary hearing -- the standard was 

23    modified not really that much, that the initial 

24    hearing is, instead of a -- it's now a 

25    preponderance of evidence versus just probable 


                                                               5114

 1    cause to hold the individual.  Then you go to a 

 2    final hearing.  The standard has gone from 

 3    preponderance of evidence, like in a civil trial, 

 4    51 percent, to clear and convincing evidence.

 5                 So now there's a much higher 

 6    standard.  It's going to take more court 

 7    resources.  But ultimately, you cannot be -- you 

 8    cannot violate your parole under this bill for 

 9    what's called a technical violation.  And when 

10    you think about that, technical violations are 

11    considered use of alcohol or drugs, unless it was 

12    relative to your specific crime, not appearing.  

13    So you show up drunk, you show up high, you don't 

14    comply with your conditions, you just basically 

15    don't follow the rules.  

16                 The logic behind rehabilitation in 

17    our system is you have rules to prove that you 

18    certainly should be -- out back into liberty, 

19    you're going to comply with the bigger rules, 

20    being the criminal statutes, and you do that by 

21    your conduct.  So constantly violating any of 

22    these terms typically would have resulted in a 

23    revisiting of your incarceration.  Because 

24    technically your sentence -- and I'll give an 

25    example.  From 10 to 20 years, you're paroled at 


                                                               5115

 1    10, for example, you have another 10 years where 

 2    you're not on probation.  This isn't probation, 

 3    this is actually you're free and at liberty 

 4    because you've done good things, you're on your 

 5    way back to success and improvement.

 6                 And again, I understand the laudable 

 7    intent of this bill, and I think we are all in 

 8    agreement that there's a way to get to it.  But 

 9    quite frankly, Madam President, this is not the 

10    way to do it.  Particularly when crime is up, 

11    violent crime is up, shootings are up, property 

12    crimes are up, hate crimes are up.  

13                 Allowing more people to violate -- 

14    because that's what they're doing here -- violate 

15    their parole and not have any ramifications is 

16    the wrong message.  That is really -- and yes, it 

17    may seem strict that if you violate that, you 

18    violate your curfew, you do these other so-called 

19    technical violations under this bill, you go back 

20    in.  Because you need to prove to us that you 

21    should be at liberty, because what you did was 

22    very serious.  

23                 And one last point.  There is an 

24    earned time credit for every parolee.  Again, 

25    let's talk about an earned time credit, day for 


                                                               5116

 1    day.  If you're good for 30 days, we take 30 days 

 2    off the long end, up to two years.  You're good 

 3    for another 30 days, we continue to recalculate a 

 4    shorter and shorter sentence -- not considering a 

 5    single factor, not considering a victim or victim 

 6    impact statement, not considering a single factor 

 7    that you would otherwise weigh when you sentence 

 8    someone many years, months or even days ago.  

 9                 Usually obviously it will be years, 

10    because we're dealing primarily with parolees, 

11    meaning they served a state sentence, so it was 

12    in excess of one year.

13                 So, Madam President and colleagues, 

14    again, I understand, I think we can agree that 

15    rehabilitation is the point of our system.  

16    Nobody likes crime.  We want that to go away.  

17    But there is a balance, and the balance needs to 

18    be had the entire time that someone is involved 

19    in our system of justice.  They have a debt to 

20    society that was meted out at sentencing, usually 

21    by way of plea.  As we know, about 99 percent of 

22    cases are in agreement between everyone, where 

23    they all think it's fair and the subject 

24    defendant takes the plea and says, I'll take my 

25    medicine.  


                                                               5117

 1                 But when the goalposts continue to 

 2    be moved -- we have higher standards of proof, we 

 3    have a more onerous system now, on parole, on 

 4    parole officers -- our community as a whole is -- 

 5    will suffer.  And we're more dangerous.  Just 

 6    living in New York, unfortunately, is becoming 

 7    more and more dangerous.

 8                 So I urge a negative vote on this 

 9    because we have enacted so many criminal justice 

10    reforms, we haven't even seen -- and even the 

11    proponents, we have no idea what those overall 

12    long-term effects are going to be.  But we have 

13    seen, and it's -- I don't think it's convenience, 

14    it's just an anecdotal situation, where we now 

15    have crime, violence, all these other things.  

16    Pre-pandemic, this was happening when we enacted 

17    these reforms.  So we need to slow down and see 

18    where this is going to go for society, because 

19    this is dangerous.  

20                 I vote in the negative.

21                 Thank you, Madam President.

22                 ACTING PRESIDENT MAYER:   Senator 

23    Palumbo to be recorded in the negative.

24                 Senator Jackson to explain his vote.

25                 SENATOR JACKSON:   Thank you, 


                                                               5118

 1    Madam President.

 2                 My colleagues, I rise to explain my 

 3    support for Senator Benjamin's bill, 1144B, also 

 4    known as the Less is More Act.  

 5                 While the primary condition imposed 

 6    on people on parole in New York is that they do 

 7    not commit any new crimes, people on parole also 

 8    are required to abide by other conditions.  These 

 9    include curfews, travel restrictions -- I don't 

10    need to tell you about New York City -- drug 

11    testing and regular check-ins with their 

12    parole officer.  

13                 New York incarcerates more people on 

14    parole for missing an appointment with a parole 

15    officer, being late for curfew, or testing 

16    positive for alcohol than any other state in the 

17    country, other than Illinois.  Violation of these 

18    restrictions does not constitute a new crime and 

19    is referred to as a, quote, unquote, technical 

20    violation.  

21                 And as a Black man, I find the 

22    racial disparity to be glaring.  Black people are 

23    incarcerated in New York City jails for these 

24    technical violations at more than 12 times the 

25    rate of white people.  There are approximately 


                                                               5119

 1    35,000 people under active parole supervision in 

 2    New York State.  At almost any time, 

 3    Madam President, their efforts to successfully 

 4    rejoin the workforce and reintegrate into their 

 5    families and communities can be disrupted by 

 6    reincarceration for a technical violation.

 7                 It harms individual lives and 

 8    families without commensurate public safety 

 9    gains, and drives up the population in state 

10    prisons and local jails, wasting taxpayers' 

11    money.  And quite frankly, it destroys 

12    communities, specifically Black and brown 

13    communities.

14                 You have all heard me say that we 

15    are legislators of conscience.  Therefore, 

16    supporting this bill, which aims to help people 

17    successfully complete community supervision and 

18    avoid further return to prison, is the right 

19    thing to do.

20                 Therefore, Madam President, I 

21    proudly vote aye to give our fellow humans a real 

22    opportunity at a second chance at life and to 

23    contribute to society.

24                 Thank you.

25                 ACTING PRESIDENT MAYER:   Senator 


                                                               5120

 1    Jackson to be recorded in the affirmative.

 2                 Senator Weik to explain her vote.

 3                 SENATOR WEIK:   Thank you, 

 4    Madam President.  

 5                 This bill would make it more 

 6    difficult for parole officers to do their job and 

 7    ensure parolees that are in violation, and 

 8    potentially a high risk of reoffending, are put 

 9    back behind bars.  

10                 I'm voting no because this bill 

11    would make our communities less safe.  Right now 

12    we're in the midst of an alarming increase of 

13    violent crimes in our communities throughout this 

14    state.  

15                 Governor Cuomo continues to talk 

16    about the crime issue in this state without 

17    recognizing the role he himself has played by 

18    signing laws that have made our communities less 

19    safe.  He contributed to the anti-law 

20    enforcement, pro-criminal attitude.  Throughout 

21    this session, as scandals mounted against the 

22    Governor, we have seen him become increasingly 

23    out of touch and disengaged.  But yet he's still 

24    the sole person ruling the state via executive 

25    order and directives.  


                                                               5121

 1                 This is why we cannot end this 

 2    session without revoking the Governor's emergency 

 3    powers.  

 4                 Thank you.

 5                 ACTING PRESIDENT MAYER:   Senator 

 6    Weik to be recorded in the negative.

 7                 Senator Bailey to explain his vote.

 8                 SENATOR BAILEY:   Thank you, 

 9    Madam President.  

10                 Let me first thank Leader Andrea 

11    Stewart-Cousins for her commitment to justice 

12    once again, and my colleague and friend Senator 

13    Brian Benjamin for pushing this bill across 

14    the -- what is called the Less is More Act.  

15                 We're entitled to our own opinions, 

16    but we are not entitled to our own versions of 

17    the facts, so let me lay out a fact pattern as 

18    related to this piece of legislation.  

19                 It was indicated that this bill was 

20    not victim-centered.  The initial kick-off of 

21    this bill happened in the County of Kings, 

22    colloquially known as Brooklyn.  Right next to 

23    Senator Brian Benjamin was the district attorney 

24    of Kings County, Eric Gonzalez, who's been a 

25    long-standing supporter.  The Bronx's district 


                                                               5122

 1    attorney, Darcel Clark, is a supporter.  Albany 

 2    County's district attorney, David Soares, is a 

 3    strong supporter.  

 4                 These individuals are charged with 

 5    ensuring that victims' rights are taking place.  

 6    And we've had conversations in many other areas 

 7    related to victims.  So to say that there is a 

 8    lack of concern about victims is concerning.

 9                 Furthermore, when speaking about 

10    these violations, it was -- the incredibly 

11    negative ones were mentioned, but the other ones 

12    weren't mentioned such as being five minutes late 

13    for a hearing with your parole officer.  Missing 

14    curfew by five minutes.  Those -- those are 

15    things that people are technically violated and 

16    sent back to a life of incarceration for, because 

17    they made a mistake.  

18                 After complying with other terms of 

19    their condition, being late, in my opinion and 

20    the opinion of so many, should be no grounds to 

21    reincarcerate.  

22                 We talk about fiscal costs in this 

23    chamber often, and we're concerned about spending 

24    money in so many ways.  It costs way more to 

25    incarcerate an individual than it would be to put 


                                                               5123

 1    that individual back on a path towards 

 2    prosperity.

 3                 Madam President, this isn't just a 

 4    justice reform bill, this is a bill about real 

 5    people.  And again, if we are actually looking 

 6    towards rehabilitation, as opposed to punishment, 

 7    less is more.

 8                 The reality is this, Madam 

 9    President.  An individual should never be defined 

10    by the worst thing that they've done, especially 

11    when they are looking to get their life back on 

12    track and they have shown affirmative signs in 

13    that way.

14                 So I'm grateful to be a member of a 

15    body who stands up for people, for humans, for 

16    individuals.  And I want to thank so many people 

17    who made their voices heard on this.  It is a -- 

18    it is an incredible moment for us here in 

19    New York State.  

20                 I proudly vote in the affirmative.

21                 Thank you, Madam President.

22                 ACTING PRESIDENT MAYER:   Senator  

23    Bailey to be recorded in the affirmative.

24                 Senator Benjamin to explain his 

25    vote.


                                                               5124

 1                 SENATOR BENJAMIN:   Thank you so 

 2    much, Madam President.  

 3                 I want to thank my colleagues, the 

 4    Majority Leader, Andrea Stewart-Cousins, for 

 5    allowing this bill to come to the floor.

 6                 I want to thank anyone who has made 

 7    comments that have been constructive, so that we 

 8    have made a variety of changes.  We have 

 9    listened.  We've been very thoughtful on this 

10    bill.

11                 Let me start by thanking the 

12    Katal Center, Unchained, and A Little Piece of 

13    Light, who helped to lead a massive coalition -- 

14    and my good brother Jamaal Bailey, Senator 

15    Bailey, made some of those comments -- over eight 

16    district attorneys across the state; eight 

17    sheriffs and police chiefs across the state; four 

18    former correctional, parole and probation 

19    commissioners; three former attorney generals; a 

20    former chief justice of the Court of Appeals; 

21    19 New York County officials; and over 

22    269 organizations across the state have come 

23    together to say Less is More is the right bill.

24                 And why do I believe they've done 

25    so?  A few quick points.  You know, last year and 


                                                               5125

 1    since we've taken over the Majority, we've done 

 2    so many important pieces of legislation, 

 3    particularly on the front end, dealing with 

 4    issues of bail, dealing with issues of speedy 

 5    trial, discovery.  Senator Bailey led us in that 

 6    fight.

 7                 But it's also important to think 

 8    about the back end.  And in this case, parole and 

 9    how it is handled is a part of that process.  We 

10    have about 36,000 people who are under parole.  

11                 And one of the things that we wanted 

12    to do with this bill -- and I listened very 

13    closely and intently to the comments from my 

14    colleagues on the Republican side.  One of the 

15    things we wanted to do was to separate new crimes 

16    from technical violations.  Our argument was very 

17    simple:  There are too many people who are being 

18    reincarcerated -- possibly up to the extent of 

19    their sentence -- on issues like missing curfew, 

20    on issues like dirty urine, on issues like 

21    failure to pay surcharges.  And you might be 

22    poor, you can't pay it, and you can get 

23    reincarcerated for issues like that.  We thought 

24    that that was not an appropriate use for 

25    reincarceration.


                                                               5126

 1                 And so what we've tried to do is 

 2    something that we believe was very reasonable, 

 3    which is to create standards and to say for 

 4    technical parole violations, if someone has 

 5    violated curfew -- not that they don't have to 

 6    face some sort of penalty, some sort of 

 7    consequence, we just don't believe it should be 

 8    reincarceration, Madam President.  

 9                 There's judicial -- there's 

10    diversion programs, there are any range of 

11    community service scenarios.  You can possibly 

12    put more requirements where they have to be 

13    present more or they have to make written 

14    statements.  There are a variety of things that 

15    you can do.  

16                 We're just saying that if someone 

17    has violated curfew, that they shouldn't be 

18    reincarcerated at their expense, at their 

19    family's expense, at the emotional expense that 

20    that has caused, the trauma that that causes, 

21    Madam President, and at the fiscal cost to the 

22    State of New York.  

23                 This bill will save us millions of 

24    dollars.  This bill will save us a lot of 

25    heartbreak.  Because I'm telling you, the idea 


                                                               5127

 1    that someone could have missed curfew and then 

 2    possibly spent 105 days detained, waiting to find 

 3    out if they're going to get their actual 

 4    sanction, it just feels to be too much.  It's 

 5    overincarceration.  

 6                 And one of the things that we are 

 7    trying to do in this society is to have more 

 8    appropriate levels of incarceration.  I think 

 9    that's something we can all agree on.  I don't 

10    think anyone here wants people to be 

11    overincarcerated.

12                 I'm submitting to you that if 

13    someone forgot to tell their PO that they changed 

14    their employment location, that that shouldn't 

15    be a provision for them to possibly be 

16    reincarcerated for up to multiple years.  That's 

17    all we're trying to do here.

18                 So I think that it is important to 

19    note -- and I heard the comments around there's 

20    more -- crime is up, and this and that.  And 

21    those are important issues, don't get me wrong.  

22    But this bill doesn't touch any of that.  It 

23    doesn't at all.  It says with new crimes, whether 

24    felonies or misdemeanors -- misdemeanors, by the 

25    way -- that the present process stays in place.  


                                                               5128

 1                 So I don't want there to be 

 2    confusion.  I don't want people to try to use 

 3    this bill to make other points.  Let's just be 

 4    clear, we overincarcerate as is relevant for 

 5    public safety and we need to do a better job.

 6                 Now, let me say, in closing, you 

 7    know, one of the things that we want is a justice 

 8    system that works for everyone.  And I feel very 

 9    strongly that people, when they're out on 

10    parole -- and I've talked to so many parolees who 

11    believe it's almost like an obstacle course, 

12    trying to deal with parole.  And I don't think 

13    that's what the parole officer's job should be.  

14                 I think the parole officer's job 

15    should be rehabilitation.  They should be almost 

16    like a therapist, a counselor, someone who is 

17    really trying to encourage the parolee to do the 

18    right thing, stay on the right track, get that 

19    job.  You know, help them try to get their life 

20    on track.  That's what we're supposed to be about 

21    here.

22                 You know, the Parole Board, the 

23    Parole Board had decided, after they committed 

24    their crime, that they are able to serve out the 

25    rest of their sentence in public.  They decided 


                                                               5129

 1    that.  So that means obviously the Parole Board, 

 2    they felt very comfortable that this person would 

 3    not be a threat to public safety when they were 

 4    let out.  

 5                 Let's try to help them grow to be 

 6    something more.  And there's so many great 

 7    examples of people who are out on parole who have 

 8    done so many things, leading great organizations, 

 9    doing so much important work.  I think we should 

10    have more of that, not less.

11                 And I feel very strongly that when 

12    we think about mass supervision -- when we think 

13    about supervision, when we think about parole, 

14    our first order of business should be what can we 

15    do to help this person reintegrate into society, 

16    reconnect with their families.  

17                 And by the way, Senator Jackson made 

18    a great point.  This is largely Black and brown 

19    lives who we're talking about here.  These are my 

20    constituents.  These are your constituents.  

21    These are people who deserve to know that the 

22    State of New York cares about their future.  And 

23    we're going to do everything we can to try to 

24    help them live a productive and valuable life.  

25    That should be our intent.  


                                                               5130

 1                 And if somebody commits a new crime, 

 2    then they have to pay the consequences for that 

 3    new crime.  I'm not saying that that doesn't need 

 4    to be the case.  I'm just saying it shouldn't be 

 5    something that a technical -- this technical 

 6    thing doesn't make me feel good.  Curfew?  You 

 7    didn't tell your PO that you changed your job 

 8    location?  You know, I just think we can do 

 9    better than this.  We can do better than this.

10                 And, thankfully, today we are.  And 

11    so I feel good that we have this opportunity to 

12    pass an important piece of legislation that will 

13    change parole for generations to come.  There are 

14    a lot of young people who are going to say 

15    "thank you" to New York State for what we're 

16    doing here right now.  

17                 And so with that, I proudly vote 

18    aye, Madam President, and I thank you for your 

19    indulgence in letting me say a few words on this 

20    bill.  Thank you.

21                 ACTING PRESIDENT MAYER:   Senator 

22    Benjamin to be recorded in the affirmative.  

23                 Announce the results.

24                 THE SECRETARY:   In relation to 

25    Calendar 1685, those Senators voting in the 


                                                               5131

 1    negative are Senators Addabbo, Akshar, Borrello, 

 2    Boyle, Felder, Gallivan, Griffo, Harckham, 

 3    Helming, Jordan, Kaminsky, Lanza, Martucci, 

 4    Mattera, Oberacker, O'Mara, Ortt, Palumbo, Rath, 

 5    Ritchie, Savino, Serino, Stec, Tedisco and Weik.

 6                 Ayes, 38.  Nays, 25.

 7                 ACTING PRESIDENT MAYER:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    1691 -- 

11                 SENATOR LANZA:   Lay it aside.

12                 ACTING PRESIDENT MAYER:   The bill 

13    is laid aside.

14                 THE SECRETARY:   Calendar Number 

15    1694, Senate Print 5891C, by Senator Parker, an 

16    act to amend the Education Law.

17                 ACTING PRESIDENT MAYER:   Read the 

18    last section.

19                 THE SECRETARY:   Section 3.  This 

20    act shall take effect immediately.

21                 ACTING PRESIDENT MAYER:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT MAYER:   announce 

25    the results.


                                                               5132

 1                 THE SECRETARY:   In relation to 

 2    Calendar 1694, those Senators voting in the 

 3    negative are Senators Borrello, Gallivan, 

 4    Helming, Jordan, Lanza, Oberacker, O'Mara, 

 5    Palumbo, Rath, Stec and Tedisco.

 6                 Ayes, 52.  Nays, 11.

 7                 ACTING PRESIDENT MAYER:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    1697, Senate Print 6301A, by Senator Stavisky, an 

11    act to amend the Tax Law.

12                 ACTING PRESIDENT MAYER:   Read the 

13    last section.

14                 THE SECRETARY:   Section 2.  This 

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

16    tax quarterly period.

17                 ACTING PRESIDENT MAYER:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT MAYER:   Announce 

21    the results.

22                 THE SECRETARY:   Ayes, 63.

23                 ACTING PRESIDENT MAYER:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               5133

 1    1708, Senate Print 7053A, by Senator Kennedy, an 

 2    act to amend the Vehicle and Traffic Law.

 3                 ACTING PRESIDENT MAYER:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 5.  This 

 6    act shall take effect immediately.

 7                 ACTING PRESIDENT MAYER:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT MAYER:   Announce 

11    the results.

12                 THE SECRETARY:   In relation to 

13    Calendar 1708, those Senators voting in the 

14    negative are Senators Akshar, Borrello, Boyle, 

15    Gallivan, Griffo, Helming, Jordan, Lanza, 

16    Martucci, Mattera, Oberacker, O'Mara, Ortt, 

17    Serino, Stec, Tedisco and Weik.

18                 Ayes, 46.  Nays, 17.

19                 ACTING PRESIDENT MAYER:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    1719, Senate Print 7220, by Senator Savino, an 

23    act to amend the Judiciary Law.

24                 ACTING PRESIDENT MAYER:   Read the 

25    last section.


                                                               5134

 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 1719, those Senators voting in the 

10    negative are Senators Borrello, Helming, Ortt, 

11    Ritchie and Serino.

12                 Ayes, 58.  Nays, 5.

13                 ACTING PRESIDENT MAYER:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    1720, Senate Print 7227, by Senator Myrie, an act 

17    to amend the Public Officers Law.

18                 ACTING PRESIDENT MAYER:   Read the 

19    last section.

20                 THE SECRETARY:   Section 2.  This 

21    act shall take effect immediately.

22                 ACTING PRESIDENT MAYER:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT MAYER:   Announce 


                                                               5135

 1    the results.

 2                 THE SECRETARY:   Ayes, 63.

 3                 ACTING PRESIDENT MAYER:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    1721, Senate Print 7228, by Senator Bailey, an 

 7    act to amend the Criminal Procedure Law.

 8                 ACTING PRESIDENT MAYER:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 4.  This 

11    act shall take effect immediately.

12                 ACTING PRESIDENT MAYER:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT MAYER:   Announce 

16    the results.

17                 THE SECRETARY:   In relation to 

18    Calendar 1721, those Senators voting in the 

19    negative are Senators Borrello, Boyle, Gallivan, 

20    Griffo, Jordan, Lanza, Martucci, Mattera, 

21    Oberacker, O'Mara, Ortt, Rath, Ritchie, Stec and 

22    Weik.

23                 Ayes, 48.  Nays, 15.

24                 ACTING PRESIDENT MAYER:   The bill 

25    is passed.


                                                               5136

 1                 THE SECRETARY:   Calendar Number 

 2    1722, Senate Print 7230, by Senator Kaplan, an 

 3    act to amend the Tax Law.

 4                 ACTING PRESIDENT MAYER:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 3.  This 

 7    act shall take effect immediately.

 8                 ACTING PRESIDENT MAYER:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT MAYER:   Senator 

12    Borrello to explain his vote.

13                 SENATOR BORRELLO:   Thank you, 

14    Madam President.

15                 I rise to support this bill today 

16    because it will guarantee that the Pandemic Small 

17    Business Recovery Grant Program will not be 

18    considered income for the purpose of tax.

19                 You know, this is a small measure to 

20    help our small businesses, but certainly a 

21    necessary one, and I'm glad to support it.  But 

22    really our small businesses could really benefit 

23    from a lot of other measures, primarily to 

24    finally and completely remove the ridiculous 

25    restrictions that our Governor still has in place 


                                                               5137

 1    that have ruined our small businesses, 

 2    particularly in the hospitality industry, where 

 3    20 percent of New York's restaurants have closed 

 4    and will likely never reopen.  

 5                 And this is primarily and almost 

 6    exclusively because of the damage that has been 

 7    done by the tyrannical one-man rule that we have 

 8    here in Albany.

 9                 So despite the fact that we have 

10    declining rates of infection and rising 

11    vaccination rates, we've still given the Governor 

12    the ability to wield this authority to protect 

13    himself politically, and he's doing so quite 

14    masterfully.  That's why it's critically 

15    important that in addition to this measure, we 

16    cannot leave here -- today being the last day of 

17    session -- cannot leave here without truly and 

18    completely repealing the Governor's authority and 

19    ending this state of emergency.

20                 So I'll be voting aye on this, but I 

21    am still waiting for us to do the right thing and 

22    stop this ridiculous one-man rule here in 

23    New York State.

24                 Thank you.

25                 ACTING PRESIDENT MAYER:   Senator 


                                                               5138

 1    Borrello to be recorded in the affirmative.

 2                 Announce the results.

 3                 THE SECRETARY:   Ayes, 63.

 4                 ACTING PRESIDENT MAYER:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    1723, Senate Print 7231, by Senator Felder, an 

 8    act to amend the Tax Law.

 9                 ACTING PRESIDENT MAYER:   Read the 

10    last section.

11                 THE SECRETARY:   Section 2.  This 

12    act shall take effect immediately.

13                 ACTING PRESIDENT MAYER:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT MAYER:   Announce 

17    the results.

18                 THE SECRETARY:   Ayes, 63.

19                 ACTING PRESIDENT MAYER:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    1724, Senate Print 7232, by Senator Jackson, an 

23    act to amend the Civil Service Law.

24                 ACTING PRESIDENT MAYER:   Read the 

25    last section.


                                                               5139

 1                 THE SECRETARY:   Section 21.  This 

 2    act shall take effect immediately.

 3                 ACTING PRESIDENT MAYER:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT MAYER:   Announce 

 7    the results.

 8                 THE SECRETARY:   Ayes, 63.

 9                 ACTING PRESIDENT MAYER:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    1725, Senate Print 7234, Senate Budget Bill, an 

13    act to amend Chapter 53 of the Laws of 2021.

14                 ACTING PRESIDENT MAYER:   Read the 

15    last section.

16                 THE SECRETARY:   Section 3.  This 

17    act shall take effect immediately.  

18                 ACTING PRESIDENT MAYER:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT MAYER:   Announce 

22    the results.

23                 THE SECRETARY:   In relation to 

24    Calendar 1725, those Senators voting in the 

25    negative are Senators Akshar, Boyle, Griffo, 


                                                               5140

 1    Helming, Jordan, Martucci, Mattera, Oberacker, 

 2    Ortt, Palumbo, Rath, Ritchie, Stec and Weik.

 3                 Ayes, 49.  Nays, 14.

 4                 ACTING PRESIDENT MAYER:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    1726, Senate Print 7237, by 

 8    Senator Stewart-Cousins, an act to amend 

 9    Chapter 50 of the Laws of 2021.

10                 ACTING PRESIDENT MAYER:   Read the 

11    last section.

12                 THE SECRETARY:   Section 2.  This 

13    act shall take effect immediately.

14                 ACTING PRESIDENT MAYER:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT MAYER:   Senator 

18    Martucci to explain his vote.

19                 SENATOR MARTUCCI:   Thank you, 

20    Madam President.

21                 So I rise in support of this bill, 

22    but I also think there's no bill on the agenda 

23    today that more clearly shows our need to repeal 

24    the Governor's emergency powers.  

25                 We sit here right now in this 


                                                               5141

 1    chamber taking the necessary steps to impeach the 

 2    Governor and encumber the funds necessary to do 

 3    that, pending the results of countless -- at this 

 4    point, almost countless ongoing investigations.  

 5                 But what's absolutely baffling to me 

 6    is that every member of the Majority seems 

 7    completely content on allowing the Governor to 

 8    continue his unilateral powers, his absolute 

 9    death grip on nearly every aspect of the lives of 

10    New Yorkers.  The Governor is almost daily 

11    touting record low infection numbers and record 

12    high vaccination rates.  We're right on the cusp 

13    of hitting a 70 percent vaccination rate, at this 

14    time the Governor has pledged that he will lift 

15    the remaining restrictions on our state.  

16                 However, what the Governor hasn't 

17    done is made a single indication that he's 

18    willing to give up these expanded powers.  What's 

19    given him these expanded powers is a declaration 

20    of a disaster emergency that was declared more 

21    than 15 months ago.  This declaration gives him 

22    this unilateral authority to control almost every 

23    aspect of our lives.  So even as we stand here 

24    today on the last day of session, hours away from 

25    gaveling out, we still haven't addressed this 


                                                               5142

 1    really important issue.  

 2                 Here my colleagues and I, my 

 3    Republican colleagues, have brought an amendment 

 4    here 47 times to this house to repeal these 

 5    emergency powers.  

 6                 And I can tell you, Madam President, 

 7    the people I represent at home are sick of it.  

 8    They're ready for this to be over.  This is why 

 9    we absolutely cannot leave this session today 

10    without revoking the Governor's emergency powers.

11                 Thank you, Madam President.

12                 ACTING PRESIDENT MAYER:   Senator 

13    Martucci to be recorded in the affirmative.

14                 Announce the results.

15                 THE SECRETARY:   Ayes, 63.

16                 ACTING PRESIDENT MAYER:   The bill 

17    is passed.

18                 Senator Serrano, that completes the 

19    reading of today's calendar.

20                 SENATOR SERRANO:   Thank you, 

21    Madam President.  

22                 May we now take up the controversial 

23    calendar.  Let's start with Calendar 1691, 

24    Senator Kennedy's bill.

25                 ACTING PRESIDENT MAYER:   The 


                                                               5143

 1    Secretary will ring the bell.

 2                 The Secretary will read.

 3                 THE SECRETARY:   Calendar Number 

 4    1691, Assembly Print 6247A, by Assemblymember 

 5    Peoples-Stokes, an act to amend the Banking Law.

 6                 ACTING PRESIDENT MAYER:   Senator 

 7    Borrello.

 8                 SENATOR BORRELLO:   Will the sponsor 

 9    yield for some questions.

10                 ACTING PRESIDENT MAYER:   Senator 

11    Kennedy, do you yield?  

12                 SENATOR KENNEDY:   Thank you, 

13    Madam President.  I'd be happy to yield to some 

14    questions.

15                 ACTING PRESIDENT MAYER:   The 

16    Senator yields.

17                 SENATOR BORRELLO:   Thank you, 

18    Madam President.  Through you.  

19                 First of all, nice to see you, 

20    Senator Kennedy.  Fellow Western New Yorker, 

21    always good to see you.

22                 I do have some questions on this.  

23    And I understand the intent here.  But my first 

24    question is, if the premise of this community 

25    revitalization act is to make sure that the 


                                                               5144

 1    profits off of deposits that came from 

 2    communities that also benefited those 

 3    communities, why are we forcing businesses that 

 4    don't take deposits into that structure?  

 5                 You know, especially when you've got 

 6    lending institutions that are actually lending 

 7    into those communities right now but actually 

 8    aren't taking deposits and profiting off of those 

 9    deposits.

10                 SENATOR KENNEDY:   Thank you for 

11    that question.  

12                 Through you, Madam President, I want 

13    to thank my colleague for the question because it 

14    gives us an opportunity to talk about this 

15    important bill on an issue that has ramifications 

16    statewide and nationally and quite frankly is an 

17    extraordinarily necessary bill, given the issues 

18    we've seen on the ground in Buffalo, in New York, 

19    and across the nation as it pertains to housing 

20    discrimination.  

21                 Which is not a new issue, it's an 

22    age-old issue.  It's a historic issue here in the 

23    United States that has manifested and raised its 

24    ugly head to show itself in the community that 

25    not only that I represent and that I live in, but 


                                                               5145

 1    that I love.

 2                 And what we've seen from data 

 3    presented to us from the Department of Financial 

 4    Services is unfortunate, sad, and needs to 

 5    change.  And that is that the redlining problem 

 6    from decades ago that started very clearly in the 

 7    1930s when the federal government got involved 

 8    with supportive housing across the nation and 

 9    resulted in the Community Reinvestment Act at the 

10    federal level, and ultimately here in New York 

11    State in 1978, has done a remarkable job at 

12    shifting the numbers for those depository lenders 

13    that provide loans for mortgages in our community 

14    in Buffalo and across New York State, but the 

15    non-depository lenders haven't done so well.

16                 And so what this bill does is it 

17    levels the playing field between non-depository 

18    lenders and depository lenders, banks, to ensure 

19    that there is transparency in the marketplace 

20    and that there are consumer protections and that 

21    the discrimination that we have seen in the 

22    unfortunate data that has been provided by DFS 

23    can be negated and bettered in the community that 

24    we are trying to serve.

25                 SENATOR BORRELLO:   Thank you.


                                                               5146

 1                 Madam President, will the sponsor 

 2    continue to yield.

 3                 ACTING PRESIDENT MAYER:   Senator 

 4    Kennedy, do you yield?  

 5                 SENATOR KENNEDY:   Yes, I will.

 6                 ACTING PRESIDENT MAYER:   The 

 7    Senator yields.

 8                 SENATOR BORRELLO:   So we talked 

 9    about this.  And many of my concerns when it 

10    comes to -- and being the ranker on the Banks 

11    Committee is the fact that we often, you know, 

12    target certain institutions in New York State 

13    that now put them on an unlevel playing field 

14    with other institutions.  

15                 And particularly when you're talking 

16    about nondepository lending institutions that 

17    many of them could be outside of New York State, 

18    you know, I'm concerned about reducing the number 

19    of choices.  

20                 So I guess are we certain that this 

21    burden that we're putting on those institutions 

22    that don't have the ability to take deposits and 

23    get a profit from those deposits to fund this, 

24    are we really certain this is going to actually 

25    fix the redlining situation by doing this?


                                                               5147

 1                 SENATOR KENNEDY:   Through you, 

 2    Madam President.  Again, I appreciate my 

 3    colleague's interest in this issue and his 

 4    question and his concern for the community that I 

 5    represent and the unfortunate discrimination 

 6    practices that have happened over the decades in 

 7    particularly communities of color and poorer 

 8    communities that have been redlined, the illegal 

 9    practice of cutting communities out based on 

10    those demographics.

11                 And this bill, when I say it levels 

12    the playing field, it creates transparency in the 

13    marketplace for nondepository lenders for 

14    mortgages to the same level as banks, depository 

15    lenders, have to provide to the Department of 

16    Financial Services.  And it is with that data 

17    that we'll be able to ensure that all of these 

18    companies, all of these lenders are held to the 

19    same standards and we're providing a level of 

20    service that is equitable regardless of your 

21    socioeconomic status, regardless of your race, 

22    and regardless of any other demographic that may 

23    have historically precluded you from getting a 

24    loan.

25                 SENATOR BORRELLO:   Thank you.


                                                               5148

 1                 Madam President, will the sponsor 

 2    continue to yield.

 3                 ACTING PRESIDENT MAYER:   Do you 

 4    continue to yield?

 5                 SENATOR KENNEDY:   Yes.

 6                 ACTING PRESIDENT MAYER:   The 

 7    Senator yields.

 8                 SENATOR BORRELLO:   Thank you.  

 9    Through you, Madam President.  

10                 You know, when you start talking 

11    about lending, it's obviously a -- not only is it 

12    a supply and demand issue, oftentimes.  It's also 

13    a matter of what are the costs involved.  

14                 So when you have this piece of 

15    legislation that's ultimately going to increase 

16    costs on these nondepository mortgage lenders, is 

17    this going to increase costs -- is that increased 

18    cost now going to be transferred on to these 

19    communities that we're trying to help here?  So, 

20    you know, increased cost of a home loan as a 

21    result of this legislation?  

22                 SENATOR KENNEDY:   Through you, 

23    Madam President.  Through all of our research and 

24    all of our work, we are yet to hear any of these 

25    lending agencies bring up costs.


                                                               5149

 1                 Now, while my colleague brings up 

 2    costs, none of the agencies that he is 

 3    representing here today talk about costs.

 4                 That being said, if in fact there 

 5    happens to be a minuscule cost to DFS due to the 

 6    fact that their documentation has to be 

 7    transparent for nondepository lenders, equitable 

 8    to depository lenders and banks, then, most 

 9    importantly, the community will be better served 

10    for whatever minuscule costs will be necessary 

11    for that bureaucratic process to take place.

12                 SENATOR BORRELLO:   Thank you.  

13                 Madam President, will the sponsor 

14    continue to yield.

15                 ACTING PRESIDENT MAYER:  Senator 

16    Kennedy, do you continue to yield?  

17                 SENATOR KENNEDY:   I will, yes. 

18                 ACTING PRESIDENT MAYER:   The 

19    Senator yields.

20                 SENATOR BORRELLO:   Through you, 

21    Madam President, last question.  It's kind of a 

22    two-part question.  

23                 You know, the Legislature 

24    essentially is now expanding the regulatory power 

25    of the Division of Financial Services, so -- but 


                                                               5150

 1    my concern is, do we really need to do this?  You 

 2    know, doesn't the superintendent already have the 

 3    power to do this now?  I mean, I guess I'm a 

 4    little unclear on what his -- how are we 

 5    expanding his authority, and isn't it already 

 6    possible for him to do this without this 

 7    regulation?  Without this bill, excuse me.

 8                 SENATOR KENNEDY:   Through you, 

 9    Madam President.  At this moment the Department 

10    of Financial Services is able to look at the data 

11    very holistically provided by depository lenders, 

12    banks, when they're providing that due to the 

13    Community Reinvestment Act of New York State back 

14    in 1978.  

15                 But nondepository lenders were not a 

16    part of that act in 1978.  So today we close that 

17    loophole, create that level playing field, and 

18    make sure there is transparency in the process to 

19    give the superintendent of DFS the tools she 

20    needs -- or he may need in the future -- to do 

21    their job.

22                 SENATOR BORRELLO:   Thank you.

23                 Madam President, on the bill.

24                 ACTING PRESIDENT MAYER:   Senator 

25    Borrello on the bill.


                                                               5151

 1                 SENATOR BORRELLO:   Thank you, 

 2    Madam President.  

 3                 First of all, Senator Kennedy, thank 

 4    you very much for the debate here to clear up 

 5    some of these questions that I had.  I appreciate 

 6    that.

 7                 Also, thank you for your commitment 

 8    to reducing housing discrimination.  I agree, 

 9    it's a -- especially in lending, I think it's 

10    important that we address that issue.  I think 

11    we've made great strides in New York State, as 

12    you've mentioned.  And I understand the idea of 

13    trying to level the playing field.

14                 My concern with this bill is that it 

15    really isn't leveling the playing field, in the 

16    sense that we are now going to burden, you know, 

17    these independent mortgage bankers with an 

18    additional cost that their banks, the banks that 

19    also lend, have an ability to cover through the 

20    money they make on those deposits.  So we're 

21    really not leveling the playing field so much as 

22    we are now giving them an additional cost which 

23    may end up being eventually transferred to the 

24    consumer.  And particularly in areas of concern 

25    that we might have where there's discrimination, 


                                                               5152

 1    now we're going to raise those costs as a result.

 2                 And I had mentioned before -- and 

 3    this is the primary reason why I'm a no on this 

 4    bill today, is because so much of what we do in 

 5    the Banks Committee and in this Legislature is 

 6    only -- only impacts those folks doing business 

 7    based in New York State, state-chartered banks, 

 8    for example.  So I always -- and you can get a 

 9    mortgage pretty much anywhere now, you know.  So 

10    it's difficult for me to want to burden some of 

11    our New York businesses with this.

12                 So while I understand the sponsor's 

13    intent, my concerns and the reason I vote no is 

14    the fact that I don't think we're really leveling 

15    the playing field.  

16                 That being said, the whole idea of 

17    trying to reduce discrimination in lending is an 

18    absolutely important priority for New York State, 

19    and I certainly support that.

20                 So thank you.

21                 ACTING PRESIDENT MAYER:   Are there 

22    any other Senators wishing to be heard?

23                 Seeing and hearing none, debate is 

24    closed.  The Secretary will ring the bell.

25                 Read the last section.


                                                               5153

 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:   Senator 

 7    Kennedy to explain his vote.

 8                 SENATOR KENNEDY:   Thank you very 

 9    much, Madam President.  

10                 And I appreciate the questions from 

11    my colleague.  And I would ask that my colleagues 

12    on both sides of the aisle support this in 

13    unanimous fashion, because I believe that this is 

14    the type of bill that really tells who we are as 

15    a state and where our values lie.

16                 And if you look at the underlying 

17    issue that we are dealing with here today, the 

18    remnants of housing discrimination on a national 

19    level, but also particularly here in New York 

20    State and in the Buffalo area, the metro area 

21    that I represent and live in, we have a lot of 

22    work to do.  We are digging ourselves out of the 

23    remnants of a racist, segregated society.  

24                 And what we are doing here today is 

25    providing individuals with the ability ultimately 


                                                               5154

 1    to provide for themselves and their families and 

 2    make investments into their own selves and into 

 3    their future and being a part of society and 

 4    gaining wealth.

 5                 You know, this bill was really 

 6    manifested from a very difficult issue that was 

 7    studied by the Department of Financial Services.  

 8    And in February of this year, the Department of 

 9    Financial Services released this report.  And 

10    this report, which is just 23 pages long, is one 

11    that really pulls at your heartstrings.  It talks 

12    about where we've come from nationally and again 

13    here in the state, but particularly in Buffalo.  

14    It talks about redlining in the 20th century, in 

15    the 1930s.  It talks about how the federal 

16    government came around and then New York State 

17    helped to lead.  It talks about the issues that 

18    are still left over, the remnants of redlining 

19    that exist today.  It talks about the fact that 

20    the depository lenders, the banks that are on the 

21    ground in the community, communicating with folks 

22    on a regular basis, have lended at a 

23    proportionally higher level to majority-minority 

24    communities than those nondepository lenders 

25    have.


                                                               5155

 1                 And there's a reason for that.  And 

 2    it articulates it very clearly in this report.  

 3    And what it says is a main reason why the 

 4    nondepository lenders aren't lending in 

 5    majority-minority communities to the level that 

 6    depository lenders, banks, are because they don't 

 7    have the community engagement and outreach and 

 8    marketing and quite frankly, apparently 

 9    historically, the desire to engage in 

10    majority-minority communities, Black and brown 

11    communities, poorer communities, communities that 

12    in the past those same lenders have been told 

13    it's hazardous to do business in those 

14    communities, which is illegal and wrong.  

15                 And so the Department of Financial 

16    Services very clearly said that this simple piece 

17    of legislation that we're discussing here and 

18    ultimately passing today will help to resolve 

19    this age-old discriminatory process.  This is 

20    clearly a major step in the right direction.  

21                 And it's not unprecedented.  In 

22    Massachusetts and in Illinois, they have both 

23    enacted similar legislation.  And what those 

24    states have proven is that the legislation that 

25    they enacted in those states actually results in 


                                                               5156

 1    better lending practices for those nondepository 

 2    lenders in those historically 

 3    discriminated-against communities.

 4                 And so it also shows that this bill 

 5    will work here in New York because of that.  It 

 6    is a data-driven analysis that will also allow 

 7    for businesses not only to lend at a better rate 

 8    in majority-minority communities, but give them 

 9    better business.  The results prove that those 

10    companies that are doing business in these 

11    communities have bettered themselves 

12    economically.  It's good for business.  It's good 

13    for the community.  And again, it helps to 

14    resolve an age-old disgusting problem of 

15    redlining, not only that is rearing its ugly head 

16    in Buffalo but also all across New York State in 

17    very similar communities.  

18                 So with that, Madam President, I 

19    want to thank Majority Leader Andrea 

20    Stewart-Cousins for bringing this important bill 

21    to the floor here today.  

22                 I want to thank my colleague in the 

23    Assembly, Majority Leader Crystal Peoples-Stokes, 

24    for carrying and passing this legislation through 

25    the Assembly.  


                                                               5157

 1                 And we look forward to this getting 

 2    to the Governor's desk for his signature and 

 3    righting an age-old historic wrong in Buffalo and 

 4    in New York State.

 5                 Thank you, Madam President.  I vote 

 6    aye.

 7                 ACTING PRESIDENT MAYER:   Senator 

 8    Kennedy to be recorded in the affirmative.

 9                 Announce the results.

10                 THE SECRETARY:   In relation to 

11    Calendar 1691, those Senators voting in the 

12    negative are Senators Akshar, Borrello, Boyle, 

13    Gallivan, Griffo, Helming, Jordan, Lanza, 

14    Martucci, Mattera, Oberacker, O'Mara, Ortt, 

15    Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and 

16    Weik.

17                 Ayes, 43.  Nays, 20.

18                 ACTING PRESIDENT MAYER:   The bill 

19    is passed.

20                 Senator Gianaris.

21                 SENATOR GIANARIS:   Let's move on to 

22    Calendar 1684, please.

23                 ACTING PRESIDENT MAYER:   The 

24    Secretary will read.

25                 THE SECRETARY:   Calendar Number 


                                                               5158

 1    1684, Senate Print 4306B, by Senator Gianaris, an 

 2    act to amend the Election Law.

 3                 ACTING PRESIDENT MAYER:   Senator 

 4    Rath.

 5                 SENATOR RATH:   Thank you, 

 6    Madam President.  Will the sponsor yield for some 

 7    questions.

 8                 ACTING PRESIDENT MAYER:   Senator 

 9    Gianaris, do you yield?  

10                 SENATOR GIANARIS:   Definitely.

11                 SENATOR RATH:   Thank you.

12                 This legislation would substantially 

13    alter the siting of early voting locations 

14    throughout New York State.

15                 My first question is this.  Can the 

16    sponsor elaborate on why the threshold for an 

17    early voting site was reduced from one per 50,000 

18    votes to one per 30,000 voters for those counties 

19    with less than 500,000 registered voters?  

20                 SENATOR GIANARIS:   Yes.  The answer 

21    is because we saw, in our first attempt at early 

22    voting last year, that the demand was high and 

23    the lines were long.  And so we thought that 

24    adding additional sites would help alleviate 

25    that.  And as the title of the bill says, it 


                                                               5159

 1    would make voting easy.

 2                 SENATOR RATH:   Madam President, 

 3    would the sponsor continue to yield.

 4                 ACTING PRESIDENT MAYER:   Senator 

 5    Gianaris, do you yield?

 6                 SENATOR GIANARIS:   Yes.

 7                 ACTING PRESIDENT MAYER:   The 

 8    Senator yields.  

 9                 SENATOR RATH:   Do you know, based 

10    on this legislation, how many additional sites 

11    will be required because of this mandate in 

12    New York State?  

13                 SENATOR GIANARIS:   I do.  I guess 

14    let me ask the question back to Senator Rath, 

15    just so I can clarify.  

16                 Are you asking what the increase is 

17    over the minimum required by law or over what was 

18    actually implemented last year?  Because some 

19    counties did in excess of what was required.

20                 SENATOR RATH:   Can you repeat that 

21    question again?

22                 SENATOR GIANARIS:   Yeah.  There was 

23    a minimum amount of sites required throughout the 

24    state by law.  Many counties provided more sites 

25    than they were required as a minimum.  


                                                               5160

 1                 And so I can give you the answer any 

 2    which way.  But are you asking me how much more 

 3    than is currently required will be required, or 

 4    how much more than were actually in place will be 

 5    required?

 6                 SENATOR RATH:   How many more that 

 7    were actually in place that will now be required.

 8                 SENATOR GIANARIS:   Okay.  So 

 9    actually -- there were actually 281 sites 

10    throughout the state in place.  And the minimum 

11    required under this proposed law would be 349.  

12    So it would add 68 sites.

13                 SENATOR RATH:   Thank you.  

14                 Madam President, will the sponsor 

15    continue to yield.  

16                 ACTING PRESIDENT MAYER:   Senator 

17    Gianaris, do you continue to yield?  

18                 SENATOR GIANARIS:   Yes.

19                 ACTING PRESIDENT MAYER:   The 

20    Senator yields.

21                 SENATOR RATH:   Is the sponsor 

22    confident that funding will be made available for 

23    these additional sites in the coming fiscal year?  

24                 SENATOR GIANARIS:   Yes.

25                 SENATOR RATH:   Thank you.


                                                               5161

 1                 Madam President, will the sponsor 

 2    continue to yield.

 3                 ACTING PRESIDENT MAYER:   Do you 

 4    continue to yield, Senator Gianaris?  

 5                 SENATOR GIANARIS:   Yes.

 6                 ACTING PRESIDENT MAYER:   The 

 7    Senator yields.

 8                 SENATOR RATH:   Can the sponsor 

 9    please elaborate on why the designated site for 

10    an early location is changed from the largest 

11    municipality to now the largest city?  

12                 SENATOR GIANARIS:   That was in 

13    response to specific concerns from some 

14    localities throughout the state where people in 

15    the largest cities in particular counties did not 

16    have any sites made available to them.

17                 SENATOR RATH:   Madam President, 

18    will the sponsor continue to yield.

19                 ACTING PRESIDENT MAYER:   Senator 

20    Gianaris, do you continue to yield?  

21                 SENATOR GIANARIS:   Yes.

22                 ACTING PRESIDENT MAYER:   The 

23    Senator yields.

24                 SENATOR RATH:   I believe you may 

25    have started to answer this next question.  Is 


                                                               5162

 1    there a definition for a large city?

 2                 SENATOR GIANARIS:   I'm sorry, 

 3    Senator, I was --  

 4                 SENATOR RATH:   Yes, I said I think 

 5    you may have started to answer this next 

 6    question, which is, is there a definition for a 

 7    large city?  

 8                 SENATOR GIANARIS:   Is there a 

 9    definition for a large city?  Well, it's -- we 

10    know what the cities are in the state, and the 

11    largest one is the one with the most population.

12                 SENATOR RATH:   There are small 

13    cities and there are large cities.  Is it 

14    geographic, is it registered population?  

15                 SENATOR GIANARIS:   Oh, I see.  I'm 

16    told it's by population.

17                 SENATOR RATH:   Thank you.

18                 Madam President, will the sponsor 

19    continue to yield.  

20                 ACTING PRESIDENT MAYER:   Senator 

21    Gianaris, do you continue to yield?  

22                 SENATOR GIANARIS:   Yes.

23                 ACTING PRESIDENT MAYER:   The 

24    Senator yields.

25                 SENATOR RATH:   In some upstate 


                                                               5163

 1    counties the largest municipalities are not 

 2    cities.  Nonetheless, the language in this bill 

 3    mandates that the largest city in a county needs 

 4    to host an early voting location.

 5                 For those counties with 

 6    municipalities where the towns or villages are 

 7    larger than the cities, will the location still 

 8    be required for the largest city or will it be 

 9    the largest municipality within that county?

10                 SENATOR GIANARIS:   Senator Rath, 

11    the bill says that the largest city in a county 

12    will host a site.  Of course there's nothing 

13    stopping the Board of Elections from adding sites 

14    in other locations.  

15                 And then in locations where there is 

16    no city in a county, the largest municipality 

17    would be required to host a site.

18                 SENATOR RATH:   Madam President, 

19    will the sponsor continue to yield.

20                 ACTING PRESIDENT MAYER:   Do you 

21    continue to yield, Senator Gianaris?  

22                 SENATOR GIANARIS:   Yes.

23                 ACTING PRESIDENT MAYER:   The 

24    Senator yields.

25                 SENATOR RATH:   For example, in the 


                                                               5164

 1    question I just asked, in Herkimer County the 

 2    City of Little Falls is the fourth largest 

 3    municipality within Herkimer County, 

 4    significantly smaller than many towns and 

 5    villages within Herkimer County.  Would you 

 6    consider amending this piece of legislation to 

 7    clarify this?  

 8                 SENATOR GIANARIS:   Certainly.  I 

 9    mean, we're going to pass this bill as it is, but 

10    if you're interested in subsequent legislation to 

11    add even more sites in the state, I'm all in 

12    favor of that.

13                 SENATOR RATH:   Perhaps 

14    clarification.  I'm not sure about more sites, 

15    but clarification.

16                 SENATOR GIANARIS:   I'm sorry, 

17    Senator?  

18                 SENATOR RATH:   Would the sponsor 

19    continue to yield.

20                 ACTING PRESIDENT MAYER:   Do you 

21    continue to yield?

22                 SENATOR GIANARIS:   Yes.

23                 ACTING PRESIDENT MAYER:   The 

24    Senator yields.

25                 SENATOR RATH:   My comment and 


                                                               5165

 1    question is perhaps clarification in the 

 2    amendment is what I'd be considering.

 3                 Madam President, will the sponsor 

 4    continue to yield.

 5                 ACTING PRESIDENT MAYER:   Senator 

 6    Gianaris, do you continue to yield?  

 7                 SENATOR GIANARIS:   Yes.

 8                 ACTING PRESIDENT MAYER:   The 

 9    Senator yields.

10                 SENATOR RATH:   Lastly, can the 

11    sponsor please indicate whether or not 

12    stakeholders such as the New York State Election 

13    Commissioners Association or board of elections 

14    commissioners from any number of small counties 

15    were ever consulted in this legislation?

16                 SENATOR GIANARIS:   The answer is 

17    yes, we spoke to numerous elections commissioners 

18    and boards of elections throughout the state.  So 

19    we certainly cast a wide net in seeking opinions 

20    on this proposal.

21                 SENATOR RATH:   Thank you.

22                 Madam President, on the bill.

23                 ACTING PRESIDENT MAYER:   Senator 

24    Rath on the bill.

25                 SENATOR RATH:   This legislation, I 


                                                               5166

 1    believe, is another example of a solution in 

 2    search of a problem.  It is flawed.  It is a 

 3    one-size-fits-all approach that dismisses the 

 4    practical needs of our rural and agricultural 

 5    upstate counties.  

 6                 The revised siting mandates present 

 7    potential barriers for rural voter participation 

 8    in early voting, which is counterintuitive to the 

 9    democratic principles that this bill claims to 

10    champion.  In fact, I have been made aware that 

11    in some counties the proposed changes would 

12    create a three-hour round trip for residents to 

13    participate in early voting.  

14                 Additionally, without funding 

15    commitments, this legislation will exacerbate 

16    already limited financial resources and staffing 

17    at upstate boards of elections.

18                 The current model already threatens 

19    the viability of some rural boards of elections, 

20    and increasing costs is a further tone-deaf 

21    measure upon them.

22                 For these reasons, Madam President, 

23    I will be voting in the negative on this bill and 

24    I urge my colleagues to all do the same.

25                 Thank you.


                                                               5167

 1                 ACTING PRESIDENT MAYER:   Thank you, 

 2    Senator Rath.

 3                 Are there any other Senators wishing 

 4    to be heard?

 5                 Seeing and hearing none, debate is 

 6    closed.  The Secretary will ring the bell.

 7                 Read the last section.

 8                 THE SECRETARY:   Section 4.  This 

 9    act shall take effect April 1, 2022.

10                 ACTING PRESIDENT MAYER:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT MAYER:   Senator 

14    Martucci to explain his vote.

15                 SENATOR MARTUCCI:   Thank you, 

16    Madam President.

17                 So the bill before the house is the 

18    "Make Voting Easy Act."  But the problem is 

19    voting isn't that easy -- early voting isn't that 

20    easy in Delaware County, where I represent.  And 

21    unfortunately this bill, which is looking to 

22    apply New York City standards to rural counties, 

23    doesn't solve the problem.  

24                 I, however, have a bill that I 

25    brought here before the house, S6061, which does 


                                                               5168

 1    fix this problem.  This bill, which is supported 

 2    by both Democrat and Republican commissioners in 

 3    Delaware County, would actually make voting 

 4    easier there, early voting easier specifically.  

 5                 What it would do is it would allow 

 6    the early voting site to move from Sidney to 

 7    Delhi, which is the county seat.  There's a 

 8    primary just days away, and this is something 

 9    that I brought here months and months ago, but 

10    the Majority has blocked my bill, despite the 

11    fact it's advanced others.  

12                 At the end of the day, 

13    Madam President, my constituents in 

14    Delaware County deserve to be treated the same as 

15    voters in New York City.  Which is why I'll be 

16    voting no on the bill before us here today, and I 

17    urge the Majority, in the few hours that are 

18    left, to please bring this important bill for the 

19    voters of Delaware County to the floor.  

20                 Thank you, Madam President.

21                 ACTING PRESIDENT MAYER:   Senator 

22    Martucci to be recorded in the negative.

23                 Senator Gianaris to explain his 

24    vote.

25                 SENATOR GIANARIS:   Thank you, 


                                                               5169

 1    Madam President.  

 2                 This is a very simple bill.  It's 

 3    called "Make Voting Easy" because that's exactly 

 4    what we're trying to do.  

 5                 And Senator Martucci was right about 

 6    one thing:  Voting wasn't as easy it should have 

 7    been last year.  We saw lines that stretched for 

 8    hours.  We're glad we got early voting done, 

 9    we're glad we made it easier to vote by absentee, 

10    especially during the pandemic, and yet people 

11    were willing to stand on line four or five hours 

12    at a time for early voting because there weren't 

13    enough sites made available to them.  

14                 So this bill does a simple thing.  

15    It says we need more sites for early voting to 

16    make it easier for people to go out, cast their 

17    votes, and not have to spend half their day doing 

18    it.  

19                 The whole idea of early voting was 

20    to give people options so that they wouldn't have 

21    to wait on line on Election Day itself, and then 

22    it turned into waiting on line for early voting.  

23    So with more sites, that problem will be greatly 

24    alleviated.  And I'm glad we're passing this bill 

25    today, which will dramatically increase the 


                                                               5170

 1    number of locations made available for early 

 2    voting, starting with next year's elections.  

 3                 And I do also want to point out, 

 4    because of some of the comments from my 

 5    colleagues about funding, the effective date of 

 6    this legislation is intentionally slated for 

 7    after next year's budget is enacted, so we will 

 8    have the ability to provide additional funding as 

 9    necessary to the boards of elections.  

10                 I vote yes.  Thank you, 

11    Madam President.  

12                 ACTING PRESIDENT MAYER:   Senator 

13    Gianaris to be recorded in the affirmative.

14                 Announce the results.

15                 THE SECRETARY:   In relation to 

16    Calendar 1684, those Senators voting in the 

17    negative are Senators Akshar, Borrello, Boyle, 

18    Gallivan, Griffo, Helming, Jordan, Mattera, 

19    Oberacker, O'Mara, Ortt, Palumbo, Rath, Ritchie, 

20    Serino, Stec, Tedisco and Weik.

21                 Ayes, 45.  Nays, 18.

22                 ACTING PRESIDENT MAYER:   The bill 

23    is passed.

24                 Senator Gianaris, that completes the 

25    reading of the controversial calendar.


                                                               5171

 1                 SENATOR GIANARIS:   There will be an 

 2    immediate meeting of the Rules Committee in 

 3    Room 332.

 4                 ACTING PRESIDENT MAYER:   There will 

 5    be an immediate meeting of the Rules Committee in 

 6    Room 332.

 7                 SENATOR GIANARIS:   The Senate 

 8    stands at ease.

 9                 ACTING PRESIDENT MAYER:   The Senate 

10    will stand at ease.

11                 (Whereupon, the Senate stood at ease 

12    at 2:52 p.m.)

13                 (Whereupon, the Senate reconvened at 

14    3:09 p.m.)

15                 ACTING PRESIDENT MAYER:   The Senate 

16    will return to order.

17                 Senator Gianaris.

18                 SENATOR GIANARIS:   Madam President, 

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

20    desk.  Let's take that up, please.

21                 ACTING PRESIDENT MAYER:   The 

22    Secretary will read.

23                 THE SECRETARY:   Senator  

24    Stewart-Cousins, from the Committee on Rules, 

25    reports the following bills:  


                                                               5172

 1                 Senate Print 661, by 

 2    Senator Sanders, an act to amend the 

 3    Workers' Compensation Law; 

 4                 Senate Print 922A, by Senator May, 

 5    an act to amend the Highway Law; 

 6                 Senate Print 1411A, by 

 7    Senator Rivera, an act to amend the 

 8    Social Services Law; 

 9                 Senate Print 2288, by 

10    Senator Jordan, an act to amend the 

11    Public Officers Law; 

12                 Senate Print 2801A, by 

13    Senator Bailey, an act to amend the 

14    Correction Law and the Executive Law; 

15                 Senate Print 3280B, by 

16    Senator Cooney, an act in relation to enacting 

17    the Rochester Housing Court Act; 

18                 Senate Print 3926, by 

19    Senator Kennedy, an act to amend the Tax Law; 

20                 Senate Print 4106B, by 

21    Senator Breslin, an act to amend the 

22    Public Authorities Law; 

23                 Senate Print 4186A, by 

24    Senator Comrie, an act directing the 

25    Public Service Commission to study the 


                                                               5173

 1    feasibility and the costs of burying all or most 

 2    of the electrical, telephone and internet 

 3    transmission lines in New York State; 

 4                 Senate Print 4823, by 

 5    Senator Comrie, an act to amend the 

 6    Public Service Law;

 7                 Senate Print 4824A, by 

 8    Senator Comrie, an act to amend the 

 9    Public Service Law; 

10                 Senate Print 4868, by 

11    Senator Kennedy, an act to amend the 

12    Public Authorities Law; 

13                 Senate Print 5105C, by Senator Liu, 

14    an act to amend the General Obligations Law;

15                 Senate Print 5486A, by 

16    Senator Kennedy, an act to amend the Vehicle and 

17    Traffic Law and the Transportation Law; 

18                 Senate Print 5882A, by 

19    Senator Persaud, an act to amend the 

20    Real Property Tax Law; 

21                 Senate Print 5979, by 

22    Senator Skoufis, an act to amend the 

23    Alcoholic Beverage Control Law; 

24                 Senate Print 6092, by 

25    Senator Gounardes, an act to amend the 


                                                               5174

 1    Retirement and Social Security Law; 

 2                 Senate Print 6375, by 

 3    Senator Savino, an act in relation to directing 

 4    the Commissioner of Health to conduct a study on 

 5    the delivery of ambulatory and other medical 

 6    care; 

 7                 Senate Print 6452, by 

 8    Senator Reichlin-Melnick, an act to amend the 

 9    Vehicle and Traffic Law; 

10                 Senate Print 6550A, by Senator 

11    Gallivan, an act to amend the Highway Law; 

12                 Senate Print 6634, by Senator Boyle, 

13    an act in relation to permitting Brentwood Fire 

14    District to file an application for a retroactive 

15    real property tax exemption; 

16                 Senate Print 6653A, by 

17    Senator Mannion, an act to amend the 

18    Real Property Tax Law; 

19                 Senate Print 6655A, by 

20    Senator Brisport, an act to amend the 

21    Social Services Law; 

22                 Senate Print 6656A, by 

23    Senator Sanders, an act to amend the 

24    Civil Practice Law and Rules; 

25                 Senate Print 6729, by Senator Boyle, 


                                                               5175

 1    an act authorizing the Good Samaritan Hospital 

 2    Medical Center to file an application for 

 3    exemption from real property taxes; 

 4                 Senate Print 6950, by 

 5    Senator Salazar, an act to amend the 

 6    Multiple Dwelling Law; 

 7                 Senate Print 6995A, by 

 8    Senator Comrie, an act to amend the 

 9    Public Authorities Law; 

10                 Senate Print 7024, by 

11    Senator Mannion, an act in relation to the 

12    provision of records upon the receipt of a 

13    complaint of an incident of abuse or neglect of 

14    an individual with a disability; 

15                 Senate Print 7052, by 

16    Senator Gounardes, an act to amend the 

17    Civil Practice Law and Rules;

18                 Senate Print 7079, by 

19    Senator Kavanagh, an act to amend the 

20    Private Housing Finance Law; 

21                 Senate Print 7093, by 

22    Senator Hoylman, an act to amend the 

23    Civil Practice Law and Rules; 

24                 Senate Print 7137, by 

25    Senator Gianaris, an act to amend the 


                                                               5176

 1    Public Health Law; 

 2                 Senate Print 7153, by 

 3    Senator Krueger, an act to amend the 

 4    Social Services Law and the Abandoned Property 

 5    Law; 

 6                 Senate Print 7180, by 

 7    Senator Savino, an act to amend the Penal Law; 

 8                 Senate Print 7182, by 

 9    Senator Palumbo, an act authorizing the County of 

10    Suffolk to alienate and discontinue the use of 

11    certain parklands;

12                 Senate Print 7192, by 

13    Senator Harckham, an act providing that a student 

14    enrolled in an individualized education plan 

15    during certain school years may continue to 

16    receive educational services; and 

17                 Senate Print 7236, by 

18    Senator Stewart-Cousins, an act to amend the 

19    Public Authorities Law.  

20                 All bills reported direct to third 

21    reading.

22                 SENATOR GIANARIS:   Move to accept 

23    the report of the Rules Committee.

24                 ACTING PRESIDENT MAYER:   All those 

25    in favor of accepting the report of the 


                                                               5177

 1    Rules Committee signify by saying aye.

 2                 (Response of "Aye.")

 3                 ACTING PRESIDENT MAYER:  Opposed, 

 4    nay.

 5                 (No response.)

 6                 ACTING PRESIDENT MAYER:   The Rules 

 7    Committee report is accepted.

 8                 Senator Gianaris.

 9                 SENATOR GIANARIS:   Please take up 

10    the supplemental calendar.

11                 (Pause.)

12                 ACTING PRESIDENT MAYER:   Senator 

13    Gianaris.

14                 SENATOR GIANARIS:   Thank you, 

15    Madam President.  Let's do the substitutions 

16    first and then move to the calendar from there.

17                 ACTING PRESIDENT MAYER:   The 

18    Secretary will read the substitutions.

19                 THE SECRETARY:   Senator Jordan 

20    moves to discharge, from the Committee on 

21    Investigations and Government Operations, 

22    Assembly Bill Number 2575 and substitute it for 

23    the identical Senate Bill 2288, Third Reading 

24    Calendar 1705.

25                 Senator Kennedy moves to discharge, 


                                                               5178

 1    from the Committee on Finance, Assembly Bill 

 2    Number 5401 and substitute it for the identical 

 3    Senate Bill 3926, Third Reading Calendar 1708.

 4                 Senator Comrie moves to discharge, 

 5    from the Committee on Energy and 

 6    Telecommunications, Assembly Bill Number 2330A 

 7    and substitute it for the identical Senate 

 8    Bill 4186A, Third Reading Calendar 1710.

 9                 Senator Comrie moves to discharge, 

10    from the Committee on Energy and 

11    Telecommunications, Assembly Bill Number 3359 and 

12    substitute it for the identical Senate Bill 4823, 

13    Third Reading Calendar 1711.

14                 Senator Kennedy moves to discharge, 

15    from the Committee on Finance, Assembly Bill 

16    Number 333 and substitute it for the identical 

17    Senate Bill 4868, Third Reading Calendar 1715.

18                 Senator Kennedy moves to discharge, 

19    from the Committee on Rules, Assembly Bill Number 

20    6295A and substitute it for the identical Senate 

21    Bill 5486A, Third Reading Calendar 1715.

22                 Senator Skoufis moves to discharge, 

23    from the Committee on Codes, Assembly Bill 

24    Number 5972 and substitute it for the identical 

25    Senate Bill 5979, Third Reading Calendar 1717.


                                                               5179

 1                 Senator Gounardes moves to 

 2    discharge, from the Committee on Rules, 

 3    Assembly Bill Number 4392 and substitute it for 

 4    the identical Senate Bill 6092, Third Reading 

 5    Calendar 1718.

 6                 Senator Savino moves to discharge, 

 7    from the Committee on Rules, Assembly Bill Number 

 8    5713 and substitute it for the identical 

 9    Senate Bill 6375, Third Reading Calendar 1719.

10                 Senator Reichlin-Melnick moves to 

11    discharge, from the Committee on Transportation, 

12    Assembly Bill Number 3920 and substitute it for 

13    the identical Senate Bill 6452, Third Reading 

14    Calendar 1720.

15                 Senator Gallivan moves to discharge, 

16    from the Committee on Rules, Assembly Bill Number 

17    6707A and substitute it for the identical Senate 

18    Bill 6550A, Third Reading Calendar 1721.

19                 Senator Boyle moves to discharge, 

20    from the Committee on Rules, Assembly Bill 

21    Number 7896 and substitute it for the identical 

22    Senate Bill 6634, Third Reading Calendar 1722.

23                 Senator Mannion moves to discharge, 

24    from the Committee on Rules, Assembly Bill 

25    Number 6489A and substitute it for the identical 


                                                               5180

 1    Senate Bill 6653A, Third Reading Calendar 1723.

 2                 Senator Sanders moves to discharge, 

 3    from the Committee on Rules, Assembly Bill 

 4    Number 4474A and substitute it for the identical 

 5    Senate Bill 6656A, Third Reading Calendar 1725.

 6                 Senator Boyle moves to discharge, 

 7    from the Committee on Rules, Assembly Bill 

 8    Number 7263 and substitute it for the identical 

 9    Senate Bill 6729, Third Reading Calendar 1726.

10                 Senator Salazar moves to discharge, 

11    from the Committee on Rules, Assembly Bill 

12    Number 7667 and substitute it for the identical 

13    Senate Bill 6950, Third Reading Calendar 1727.

14                 Senator Comrie moves to discharge, 

15    from the Committee on Rules, Assembly Bill 

16    Number 7707A and substitute it for the identical 

17    Senate Bill 6995A, Third Reading Calendar 1728.

18                 Senator Mannion moves to discharge, 

19    from the Committee on Rules, Assembly Bill 

20    Number 7731 and substitute it for the identical 

21    Senate Bill 7024, Third Reading Calendar 1729.

22                 Senator Kavanagh moves to discharge, 

23    from the Committee on Rules, Assembly Bill 

24    Number 7637 and substitute it for the identical 

25    Senate Bill 7079, Third Reading Calendar 1731.


                                                               5181

 1                 Senator Krueger moves to discharge, 

 2    from the Committee on Rules, Assembly Bill 

 3    Number 7942 and substitute it for the identical 

 4    Senate Bill 7153, Third Reading Calendar 1734.

 5                 And Senator Harckham moves to 

 6    discharge, from the Committee on Rules, 

 7    Assembly Bill Number 8021 and substitute it for 

 8    the identical Senate Bill 7192, Third Reading 

 9    Calendar 1737.

10                 ACTING PRESIDENT MAYER:   The  

11    substitutions are so ordered.

12                 The Secretary will read.

13                 THE SECRETARY:   Calendar Number 

14    1687, Senate Print 661, by Senator Sanders, an 

15    act to amend the Workers' Compensation Law.

16                 ACTING PRESIDENT MAYER:   Read the 

17    last section.

18                 THE SECRETARY:   Section 3.  This 

19    act shall take effect immediately.

20                 ACTING PRESIDENT MAYER:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT MAYER:   Announce 

24    the results.

25                 THE SECRETARY:   In relation to 


                                                               5182

 1    Calendar 1687, those Senators voting in the 

 2    negative are Senators Akshar, Borrello, Boyle, 

 3    Gallivan, Griffo, Helming, Jordan, Martucci, 

 4    Mattera, Oberacker, O'Mara, Ortt, Rath and Stec.

 5                 Ayes, 49.  Nays, 14.

 6                 ACTING PRESIDENT MAYER:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    1703, Senate Print 922A, by Senator May, an act 

10    to amend the Highway Law.

11                 ACTING PRESIDENT MAYER:   Read the 

12    last section.

13                 THE SECRETARY:   Section 12.  This 

14    act shall take effect on the first of April.

15                 ACTING PRESIDENT MAYER:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT MAYER:   Senator 

19    May to explain her vote.

20                 SENATOR MAY:   Thank you, 

21    Madam President.

22                 This is the SIGH Act, S-I-G-H, 

23    Schools Impacted by Gross Highways.  

24                 All across this state children are 

25    attending schools in close proximity to major 


                                                               5183

 1    roadways.  We know that such exposure to 

 2    air pollution and noise pollution is harmful to 

 3    children's health and to their ability to learn.  

 4    It drives up asthma rates, it affects brain 

 5    development, it makes it harder for kids to 

 6    concentrate.  It even makes it hard for them to 

 7    hear their teachers.  

 8                 Most of these schools are in Black 

 9    and brown communities, so this is an 

10    environmental justice issue.

11                 All of our children deserve to 

12    attend healthy schools, schools that are designed 

13    to help them succeed, not to place barriers on 

14    their physical development and educational 

15    attainment.

16                 The SIGH Act prohibits development 

17    and construction of new schools within 600 feet 

18    of a major roadway or of roadways in close 

19    proximity to existing schools, with certain 

20    limited exceptions.  It requires environmental 

21    impact statements to take into account that 

22    proximity, as well as any environmental justice 

23    concerns.

24                 SIGH, S-I-G-H.  The South Side 

25    community in Syracuse sighed with discouragement 


                                                               5184

 1    when the draft plan for replacing I-81 through 

 2    the city actually included a major off-ramp very 

 3    close to Dr. King School, an elementary school 

 4    with 96 percent minority enrollment.  

 5                 With the passage of this bill, I 

 6    hope the children, teachers and parents of that 

 7    school and schools across the state can *sigh* 

 8    with relief.  I vote aye.

 9                 Thank you.

10                 ACTING PRESIDENT MAYER:   Senator 

11    May to be recorded in the affirmative.

12                 Announce the results.

13                 THE SECRETARY:   In relation to 

14    Calendar 1703, those Senators voting in the 

15    negative are Senators Akshar, Borrello, Boyle, 

16    Gallivan, Griffo, Helming, Jordan, Lanza, 

17    Martucci, Mattera, Oberacker, O'Mara, Ortt, 

18    Palumbo, Rath, Serino, Stec, Tedisco and Weik.

19                 Ayes, 44.  Nays, 19.

20                 ACTING PRESIDENT MAYER:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    1704, Senate Print 1411A, by Senator Rivera, an 

24    act to amend the Social Services Law.

25                 ACTING PRESIDENT MAYER:   Read the 


                                                               5185

 1    last section.

 2                 THE SECRETARY:   Section 3.  This 

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

 4    shall have become a law.

 5                 ACTING PRESIDENT MAYER:   Call the 

 6    roll.  

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT MAYER:   Senator  

 9    Rivera to explain his vote.

10                 SENATOR RIVERA:   Thank you, 

11    Madam President.

12                 There is a maternal mortality and 

13    morbidity crisis in the State of New York.  The 

14    reality is it happens around the country, 

15    Madam President, but certainly in the State of 

16    New York and particularly among women of color, 

17    and Black women specifically, there is a great 

18    crisis.  

19                 And so we have to do, as we've done 

20    in the State of New York, a lot to make sure that 

21    we can better inform our patients, better equip 

22    our hospitals and our doctors to be able to keep 

23    birthing people alive and healthy so that they 

24    can see their children grow up.

25                 This bill is a very basic bill, but 


                                                               5186

 1    I think it's a very essential one.  It is 

 2    referred to in some instances as the "Fourth 

 3    Trimester" bill.  And what this bill would do, 

 4    Madam President, is it will allow -- it will say 

 5    to the state, Go and get some federal money so 

 6    that we can extend Medicaid coverage for women or 

 7    for people who give birth for an extended year 

 8    after they give birth.  

 9                 So we could have Medicaid patients, 

10    Madam President, who under normal circumstances 

11    would only have this extended for a period of a 

12    couple of months, for an entire year, so we can 

13    make sure that they have the access to the care 

14    that's necessary so that they can keep healthy -- 

15    and again, not only their children healthy, but 

16    be able to see them grow up.

17                 It is a small thing, because we 

18    still have much to do in this crisis, 

19    Madam President.  And there's much that we are 

20    going to be doing legislatively in the years to 

21    come.  We have done so in the past.  But this 

22    here is a basic tool that will allow the state -- 

23    will mandate to the state that they have to go, 

24    we have to go and get that federal money so we 

25    can secure the health and well-being of these 


                                                               5187

 1    people who have given birth so that they can, 

 2    again, be healthy, have their children be 

 3    healthy, and see them growing up.

 4                 I'm incredibly proud to pass this 

 5    today, Madam President.  I vote in the 

 6    affirmative.

 7                 ACTING PRESIDENT MAYER:   Senator  

 8    Rivera to be recorded in the affirmative.

 9                 Announce the results.

10                 THE SECRETARY:   In relation to 

11    Calendar Number 1704, voting in the negative:  

12    Senator Borrello.

13                 Ayes, 62.  Nays, 1. 

14                 ACTING PRESIDENT MAYER:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    1705, Assembly Print 2575, substituted earlier by 

18    Assemblymember Woerner, an act to amend the 

19    Public Officers Law.

20                 ACTING PRESIDENT MAYER:   Read the 

21    last section.

22                 THE SECRETARY:   Section 2.  This 

23    act shall take effect immediately.

24                 ACTING PRESIDENT MAYER:   Call the 

25    roll.


                                                               5188

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT MAYER:   Announce 

 3    the results.

 4                 THE SECRETARY:   Ayes, 63.

 5                 ACTING PRESIDENT MAYER:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    1706, Senate Print 2801A, by Senator Bailey, an 

 9    act to amend the Correction Law and the 

10    Executive Law.

11                 ACTING PRESIDENT MAYER:   Read the 

12    last section.

13                 THE SECRETARY:   Section 4.  This 

14    act shall take effect immediately.

15                 ACTING PRESIDENT MAYER:   Call the 

16    roll.  

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT MAYER:   Announce 

19    the results.

20                 THE SECRETARY:   In relation to 

21    Calendar 1706, those Senators voting in the 

22    negative are Senators Akshar, Borrello, Boyle, 

23    Griffo, Helming, Jordan, Lanza, Oberacker, 

24    O'Mara, Ortt, Palumbo, Rath, Ritchie, Serino, 

25    Stec, Tedisco and Weik.


                                                               5189

 1                 Ayes, 46.  Nays, 17.

 2                 ACTING PRESIDENT MAYER:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    1707, Senate Print 3280B, by Senator Cooney, an 

 6    act in relation to enacting the Rochester Housing 

 7    Court Act.

 8                 ACTING PRESIDENT MAYER:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 13.  This 

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

12    shall have become a law.

13                 ACTING PRESIDENT MAYER:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT MAYER:   Announce 

17    the results.

18                 THE SECRETARY:   In relation to 

19    Calendar 1707, those Senators voting in the 

20    negative are Senators Griffo, Jordan, Martucci 

21    and Serino.

22                 Ayes, 59.  Nays, 4.

23                 ACTING PRESIDENT MAYER:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               5190

 1    1708, Assembly Print 5401, substituted earlier by 

 2    Assemblymember McDonald, an act to amend the 

 3    Tax Law.

 4                 ACTING PRESIDENT MAYER:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 2.  This 

 7    act shall take effect immediately.

 8                 ACTING PRESIDENT MAYER:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT MAYER:   Announce 

12    the results.

13                 THE SECRETARY:   Ayes, 63.

14                 ACTING PRESIDENT MAYER:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    1709, Senate Print 4106B, by Senator Breslin, an 

18    act to amend the Public Authorities Law.

19                 SENATOR GIANARIS:   Lay that aside 

20    temporarily, please.

21                 ACTING PRESIDENT MAYER:   The bill 

22    is laid aside temporarily.

23                 THE SECRETARY:   Calendar Number 

24    1710, Assembly Print 2330A, substituted earlier 

25    by Assemblymember Jacobson, an act directing the 


                                                               5191

 1    Public Service Commission to study the 

 2    feasibility and the costs of burying all or most 

 3    of the electrical, telephone and internet 

 4    transmission lines in New York State.

 5                 ACTING PRESIDENT MAYER:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 2.  This 

 8    act shall take effect immediately.  

 9                 ACTING PRESIDENT MAYER:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT MAYER:   Announce 

13    the results.

14                 THE SECRETARY:   In relation to 

15    Calendar 1710, those Senators voting in the 

16    negative are Senators Oberacker and Stec.

17                 Ayes, 61.  Nays, 2.

18                 ACTING PRESIDENT MAYER:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    1711, Assembly Print 3359, substituted earlier by 

22    Assemblymember Paulin, an act to amend the 

23    Public Service Law.

24                 ACTING PRESIDENT MAYER:   Read the 

25    last section.


                                                               5192

 1                 THE SECRETARY:   Section 2.  This 

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

 3    shall have become a law.

 4                 ACTING PRESIDENT MAYER:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT MAYER:   Announce 

 8    the results.

 9                 THE SECRETARY:   In relation to 

10    Calendar Number 1711, voting in the negative:  

11    Senator Borrello.

12                 Ayes, 62.  Nays, 1.

13                 ACTING PRESIDENT MAYER:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    1712, Senate Print 4824A, by Senator Comrie, an 

17    act to amend the Public Service Law.

18                 ACTING PRESIDENT MAYER:   Read the 

19    last section.

20                 THE SECRETARY:   Section 3.  This 

21    act shall take effect immediately.

22                 ACTING PRESIDENT MAYER:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT MAYER:   Announce 


                                                               5193

 1    the results.

 2                 THE SECRETARY:   In relation to 

 3    Calendar 1712, those Senators voting in the 

 4    negative are Senators Akshar, Borrello, Gallivan, 

 5    Griffo, Jordan, Lanza, Oberacker, O'Mara, Ortt, 

 6    Rath, Ritchie, Serino, Stec, Tedisco and Weik.

 7                 Ayes, 48.  Nays, 15.

 8                 ACTING PRESIDENT MAYER:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    1713, Assembly Print 333, substituted earlier by 

12    Assemblymember Rosenthal, an act to amend the 

13    Public Authorities Law.

14                 ACTING PRESIDENT MAYER:   Read the 

15    last section.

16                 THE SECRETARY:   Section 2.  This 

17    act shall take effect immediately.

18                 ACTING PRESIDENT MAYER:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT MAYER:   Announce 

22    the results.

23                 THE SECRETARY:   Ayes, 63.

24                 ACTING PRESIDENT MAYER:   The bill 

25    is passed.


                                                               5194

 1                 THE SECRETARY:   Calendar Number 

 2    1714, Senate Print 5105C, by Senator Liu, an act 

 3    to amend the General Obligations Law.

 4                 ACTING PRESIDENT MAYER:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 7.  This 

 7    act shall take effect immediately.

 8                 ACTING PRESIDENT MAYER:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT MAYER:   Announce 

12    the results.

13                 THE SECRETARY:   Ayes, 63.

14                 ACTING PRESIDENT MAYER:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    1715, Assembly Print 6295A, substituted earlier 

18    by Assemblymember Lupardo, an act to amend the 

19    Vehicle and Traffic Law.

20                 ACTING PRESIDENT MAYER:   Read the 

21    last section.

22                 THE SECRETARY:   Section 6.  This 

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

24    shall have become a law.

25                 ACTING PRESIDENT MAYER:   Call the 


                                                               5195

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT MAYER:   Announce 

 4    the results.

 5                 THE SECRETARY:   Ayes, 63.

 6                 ACTING PRESIDENT MAYER:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    1716, Senate Print 5882A, by Senator Persaud, an 

10    act to amend the Real Property Tax Law.

11                 ACTING PRESIDENT MAYER:   Read the 

12    last section.

13                 THE SECRETARY:   Section 3.  This 

14    act shall take effect immediately.

15                 ACTING PRESIDENT MAYER:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT MAYER:   Announce 

19    the results.

20                 THE SECRETARY:   Ayes, 63.

21                 ACTING PRESIDENT MAYER:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    1717, Assembly Print 5972, substituted earlier by 

25    Assemblymember Bronson, an act to amend the 


                                                               5196

 1    Alcoholic Beverage Control Law.

 2                 ACTING PRESIDENT MAYER:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 3.  This 

 5    act shall take effect on the 45th day after it 

 6    shall have become a law.

 7                 ACTING PRESIDENT MAYER:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT MAYER:   Announce 

11    the results.

12                 THE SECRETARY:   Ayes, 63.

13                 ACTING PRESIDENT MAYER:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    1718, Assembly Print 4392, substituted earlier by 

17    Assemblymember Abbate, an act to amend the 

18    Retirement and Social Security Law.

19                 ACTING PRESIDENT MAYER:   Read the 

20    last section.

21                 THE SECRETARY:   Section 2.  This 

22    act shall take effect immediately.  

23                 ACTING PRESIDENT MAYER:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               5197

 1                 ACTING PRESIDENT MAYER:   Announce 

 2    the results.

 3                 THE SECRETARY:   Ayes, 63.

 4                 ACTING PRESIDENT MAYER:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    1719, Assembly Print 5713, substituted earlier by 

 8    Assemblymember Fall, an act in relation to 

 9    directing the Commissioner of Health to conduct a 

10    study of the delivery of ambulatory and other 

11    medical care in response to the COVID-19 

12    pandemic.  

13                 ACTING PRESIDENT MAYER:   Read the 

14    last section.

15                 THE SECRETARY:   Section 2.  This 

16    act shall take effect immediately.  

17                 ACTING PRESIDENT MAYER:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT MAYER:   Senator 

21    O'Mara to explain his vote.

22                 SENATOR O'MARA:   Thank you, 

23    Madam President.  

24                 I rise to reluctantly support this 

25    bill.  While I believe we should be conducting 


                                                               5198

 1    studies and investigations of how medical care 

 2    was provided throughout the COVID pandemic and 

 3    how we can improve upon that for situations in 

 4    the future, this falls far short of what we 

 5    should be doing in this chamber.  

 6                 We should be fully investigating the 

 7    actions of the Executive throughout the pandemic, 

 8    including the nursing home cover-up, including 

 9    terminating the Governor's executive powers 

10    that -- this is our last day of session, and it 

11    is still apparent that the Majority of this body 

12    refuses to take action to terminate the 

13    Governor's executive powers that were 

14    unilaterally extended a few months ago.  They 

15    would have expired by now, yet the Governor still 

16    is issuing edicts, still complicating the process 

17    and confusing New Yorkers.

18                 Just last weekend, with the back and 

19    forth ping-pong-style eleventh-hour decrees 

20    regarding masks in schools and summer camps.  

21    It's chaotic.

22                 This Legislature needs to get back 

23    engaged in the oversight of government and to 

24    actually exercising our oversight powers through 

25    the Senate Investigations and Government 


                                                               5199

 1    Operations Committee.  We should be looking into 

 2    the nursing home order, the nursing home numbers 

 3    cover-up, the book deal that Governor Cuomo lined 

 4    his pockets with $5.1 million -- that he wrote 

 5    during a pandemic when he didn't have the time to 

 6    respond to legislative inquiries during that 

 7    period.

 8                 Yes, there's other investigations.  

 9    That does not preclude us from conducting 

10    investigations and passing legislation like this.  

11    But we should be doing the study called for in 

12    this bill ourselves, through the Investigations 

13    Committee.  

14                 This is another study we're 

15    directing the Commissioner of Health to review 

16    his own practices.  We've been through that 

17    before, on the nursing home order and we saw 

18    where that led us -- to cover up, to deceit, to 

19    misrepresentation to this legislative body.  Yet 

20    we're doing nothing in the Legislature.  The 

21    Majorities are doing nothing in the Legislature.  

22    We have moved over 50 times to terminate the 

23    Governor's executive powers, with unanimous 

24    support of the Republican side and unanimous 

25    opposition those 50 times by the Democrat side of 


                                                               5200

 1    this house.

 2                 And yet we're going to leave here 

 3    today, the last day of session, and keep the 

 4    Governor's executive powers -- emergency powers 

 5    in place indefinitely until he decides to end 

 6    them.  We need to end them, and we should be 

 7    doing it today before we leave.

 8                 Thank you, Madam President.

 9                 ACTING PRESIDENT MAYER:   Senator 

10    O'Mara to be recorded in the affirmative.

11                 Announce the results.

12                 THE SECRETARY:   Ayes, 63.

13                 ACTING PRESIDENT MAYER:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    1720, Assembly Print 3920, substituted earlier by 

17    Assemblymember Dinowitz, an act to amend the 

18    Vehicle and Traffic Law.

19                 ACTING PRESIDENT MAYER:   Read the 

20    last section.

21                 THE SECRETARY:   Section 3.  This 

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

23    shall have become a law.

24                 ACTING PRESIDENT MAYER:   Call the 

25    roll.


                                                               5201

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT MAYER:   Announce 

 3    the results.

 4                 THE SECRETARY:   Ayes, 63.

 5                 ACTING PRESIDENT MAYER:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    1721, Assembly Print 6707A, substituted earlier 

 9    by Assemblymember DiPietro, an act to amend the 

10    Highway Law.

11                 ACTING PRESIDENT MAYER:   Read the 

12    last section.

13                 THE SECRETARY:   Section 2.  This 

14    act shall take effect immediately.  

15                 ACTING PRESIDENT MAYER:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT MAYER:   Announce 

19    the results.

20                 THE SECRETARY:   Ayes, 63.

21                 ACTING PRESIDENT MAYER:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    1722, Assembly Print 7896, substituted earlier 

25    Assemblymember Brown, an act in relation to 


                                                               5202

 1    permitting the Brentwood Fire District to file an 

 2    application for a retroactive real property tax 

 3    exemption.

 4                 ACTING PRESIDENT MAYER:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 2.  This 

 7    act shall take effect immediately.

 8                 ACTING PRESIDENT MAYER:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT MAYER:   Announce 

12    the results.

13                 THE SECRETARY:   In relation to 

14    Calendar 1722, those Senators voting in the 

15    negative are Senators Akshar and O'Mara.

16                 Ayes, 61.  Nays, 2.

17                 ACTING PRESIDENT MAYER:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    1723, Assembly Print 6489A, substituted earlier 

21    by Assemblymember Stirpe, an act to amend the 

22    Real Property Tax Law.

23                 ACTING PRESIDENT MAYER:   Read the 

24    last section.

25                 THE SECRETARY:   Section 2.  This 


                                                               5203

 1    act shall take effect immediately.

 2                 ACTING PRESIDENT MAYER:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT MAYER:   Announce 

 6    the results.

 7                 THE SECRETARY:   In relation to 

 8    Calendar 1723, those Senators voting in the 

 9    negative are Senators Jordan, O'Mara and Ortt.

10                 Ayes, 60.  Nays, 3.

11                 ACTING PRESIDENT MAYER:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 

14    1724, Senate Print 6655A, by Senator Brisport, an 

15    act to amend the Social Services Law.

16                 ACTING PRESIDENT MAYER:   Read the 

17    last section.

18                 THE SECRETARY:   Section 2.  This 

19    act shall take effect immediately.  

20                 ACTING PRESIDENT MAYER:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT MAYER:   Announce 

24    the results.

25                 THE SECRETARY:   In relation to 


                                                               5204

 1    Calendar 1724, those Senators voting in the 

 2    negative are Senators Gallivan, Griffo, Jordan, 

 3    Lanza, Martucci, Oberacker, O'Mara, Ortt, 

 4    Palumbo, Rath, Stec, Tedisco and Weik.

 5                 Ayes, 50.  Nays, 13.

 6                 ACTING PRESIDENT MAYER:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    1725, Assembly Print 4474A, substituted earlier 

10    by Assemblymember Hunter, an act to amend the 

11    Civil Practice Law and Rules.

12                 ACTING PRESIDENT MAYER:   Read the 

13    last section.

14                 THE SECRETARY:   Section 2.  This 

15    act shall take effect immediately.

16                 ACTING PRESIDENT MAYER:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT MAYER:   Announce 

20    the results.

21                 THE SECRETARY:   Ayes, 63.

22                 ACTING PRESIDENT MAYER:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 

25    1726, Assembly Print 7263, substituted earlier by 


                                                               5205

 1    Assemblymember D'Urso, an act authorizing the 

 2    Good Samaritan Hospital Medical Center to file an 

 3    application for exemption from real property 

 4    taxes.

 5                 ACTING PRESIDENT MAYER:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 2.  This 

 8    act shall take effect immediately.  

 9                 ACTING PRESIDENT MAYER:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT MAYER:   Announce 

13    the results.

14                 THE SECRETARY:   In relation to 

15    Calendar Number 1726, those Senators voting in 

16    the negative are Senators Akshar and O'Mara.

17                 Ayes, 61.  Nays, 2.

18                 ACTING PRESIDENT MAYER:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    1727, Assembly Print 7667, substituted earlier by 

22    Assemblymember Glick, an act to amend the 

23    Multiple Dwelling Law.

24                 ACTING PRESIDENT MAYER:   Read the 

25    last section.


                                                               5206

 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 1727, those Senators voting in the 

10    negative are Senators Akshar, Borrello, Boyle, 

11    Gallivan, Griffo, Helming, Jordan, Lanza, 

12    Martucci, Mattera, Oberacker, O'Mara, Ortt, 

13    Palumbo, Rath, Serino, Stec, Tedisco and Weik.

14                 Ayes, 44.  Nays, 19.

15                 ACTING PRESIDENT MAYER:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    1728, Assembly Print 7707A, substituted earlier 

19    by Assemblymember Paulin, an act to amend the 

20    Public Authorities Law.

21                 ACTING PRESIDENT MAYER:   Read the 

22    last section.

23                 THE SECRETARY:   Section 2.  This 

24    act shall take effect immediately.

25                 ACTING PRESIDENT MAYER:   Call the 


                                                               5207

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT MAYER:   Senator 

 4    Stec to explain his vote.

 5                 SENATOR STEC:   Thank you, 

 6    Madam President.  

 7                 I rise in support of this bill on 

 8    our last scheduled day of session here in Albany, 

 9    here in June.  I'm honored, this is my first 

10    session, to be part of our chamber serving in the 

11    Capitol on behalf of my constituents in the North 

12    Country.  

13                 This Capitol has been closed to all 

14    my constituents.  They've been unable to visit, 

15    they've been unable to come here and advocate in 

16    person, you know, unable to come and enjoy the 

17    splendor of their Capitol that they pay for.  And 

18    even as we're slowly moving back towards normalcy 

19    and a full economic reopening, the Governor is 

20    continuing to keep our Capitol on lockdown.  

21    There's chain-link fence everywhere, we're all 

22    here behind locked doors and security, and the 

23    public is not allowed to come visit the Capitol 

24    and advocate and tell us how to spend a 

25    $212 billion budget.  


                                                               5208

 1                 But people can visit crowded arenas, 

 2    we can shop at the malls, we can go everywhere -- 

 3    but they can't come to visit the State Capitol 

 4    and their lawmakers that are deciding how to 

 5    spend their tax dollars and what we're doing with 

 6    their public safety.

 7                 What's resulted in that has 

 8    contributed to what's been undoubtedly the least 

 9    transparent and least accountable state budget 

10    process and legislative sessions in the history 

11    of our state.  The closure of the Capitol is bad 

12    government.  It's bad for the people of New York.  

13    It's certainly very convenient for the Governor, 

14    who continues to dodge the press and try his best 

15    to pretend that everything is business as normal, 

16    even as he faces multiple investigations and 

17    scandals.  

18                 The Capitol should be reopened.  But 

19    unfortunately, you've all allowed just one man to 

20    control, to make those decisions.  And that is 

21    why we absolutely cannot end the session without 

22    revoking the Governor's emergency powers.  

23                 Thank you.

24                 ACTING PRESIDENT MAYER:   Senator 

25    Stec to be recorded in the affirmative.


                                                               5209

 1                 Announce the results.

 2                 THE SECRETARY:   Ayes, 63.

 3                 ACTING PRESIDENT MAYER:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    1729, Assembly Print 7731, substituted earlier by 

 7    Assemblymember Gunther, an act in relation to the 

 8    provision of records upon the receipt of a 

 9    complaint of an incident of abuse or neglect of 

10    an individual with a disability.

11                 ACTING PRESIDENT MAYER:   Read the 

12    last section.

13                 THE SECRETARY:   Section 2.  This 

14    act shall take effect immediately.

15                 ACTING PRESIDENT MAYER:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT MAYER:   Senator 

19    Palumbo to explain his vote.

20                 SENATOR PALUMBO:   Thank you, 

21    Madam President.

22                 I rise in support of this bill.  It 

23    protects some of the most vulnerable members, 

24    people with disabilities, in our communities.  

25    And it's important, obviously, to protect those 


                                                               5210

 1    individuals.

 2                 I think it's also important to 

 3    protect victims of sexual harassment.  As I stand 

 4    here today, we have not one, not two, not three, 

 5    ten credible allegations against this Governor of 

 6    sexual harassment and assault.

 7                 And yet he still has emergency 

 8    powers.  He still rules however he sees fit.  He 

 9    sets an edict saying, well, we don't need to wear 

10    masks in schools, based upon, quote, unquote, 

11    data -- and then now we have to wear them again.  

12    Because he said so.

13                 Those allegations and investigations 

14    and everything that's circling around that man 

15    unfortunately has affected his ability to govern.

16                 We need to get back to business as a 

17    coequal branch of government.  We sit here with 

18    nothing even emergent regarding COVID, I would 

19    say, or exigent.  Emergency powers are needed for 

20    just that, an emergency.  But we don't have 

21    anything that's emergent, thank God, right now.  

22    Record numbers of vaccinations, record low 

23    numbers of perspective cases.  

24                 It's time to get back to work, my 

25    friends.  We need to act now.  This is our last 


                                                               5211

 1    day of session.  I know we've heard this several 

 2    times today, but we've done this over 50 times.  

 3    And unfortunately, it's been ignored by the 

 4    Majorities in both houses.  Let's get back to 

 5    business, let's do what we've been elected to do, 

 6    and that's govern as a coequal branch in the 

 7    State of New York.

 8                 Thank you, Madam President.

 9                 ACTING PRESIDENT MAYER:   Senator 

10    Palumbo to be recorded in the affirmative.

11                 Announce the results.

12                 THE SECRETARY:   Ayes, 63.

13                 ACTING PRESIDENT MAYER:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    1730, Senate Print 7052, by Senator Gounardes, an 

17    act to amend the Civil Practice Law and Rules.

18                 ACTING PRESIDENT MAYER:   Read the 

19    last section.

20                 THE SECRETARY:   Section 4.  This 

21    act shall take effect immediately.

22                 ACTING PRESIDENT MAYER:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT MAYER:   Announce 


                                                               5212

 1    the results.

 2                 THE SECRETARY:   In relation to 

 3    Calendar 1730, those Senators voting in the 

 4    negative are Senators Akshar, Borrello, Gallivan, 

 5    Helming, Jordan, Stec and Tedisco.

 6                 Ayes, 56.  Nays, 7.

 7                 ACTING PRESIDENT MAYER:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    1731, Assembly Print 7637, substituted earlier by 

11    Assemblymember Cymbrowitz, an act to amend the 

12    Private Housing Finance Law.

13                 ACTING PRESIDENT MAYER:   Read the 

14    last section.

15                 THE SECRETARY:   Section 2.  This 

16    act shall take effect January 1, 2022.

17                 ACTING PRESIDENT MAYER:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT MAYER:   Announce 

21    the results.

22                 THE SECRETARY:   In relation to 

23    Calendar 1731, those Senators voting in the 

24    negative are Senators Akshar, Borrello, Boyle, 

25    Gallivan, Griffo, Helming, Jordan, Lanza, 


                                                               5213

 1    Martucci, Mattera, Oberacker, O'Mara, Ortt, 

 2    Palumbo, Rath, Serino, Stec, Tedisco and Weik.

 3                 Ayes, 44.  Nays, 19.

 4                 ACTING PRESIDENT MAYER:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    1732, Senate Print 7093, by Senator Hoylman, an 

 8    act to amend the Civil Practice Law and Rules.

 9                 ACTING PRESIDENT MAYER:   Read the 

10    last section.

11                 THE SECRETARY:   Section 2.  This 

12    act shall take effect immediately.  

13                 ACTING PRESIDENT MAYER:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT MAYER:   Announce 

17    the results.

18                 THE SECRETARY:   In relation to 

19    Calendar 1732, those Senators voting in the 

20    negative are Senators Akshar, Borrello, Boyle, 

21    Gallivan, Griffo, Helming, Jordan, Lanza, 

22    Oberacker, Ortt, Rath, Serino, Stec, Tedisco and 

23    Weik.  Also Senator O'Mara.

24                 Ayes, 47.  Nays, 16.

25                 ACTING PRESIDENT MAYER:   The bill 


                                                               5214

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    1733, Senate Print 7137, by Senator Gianaris, an 

 4    act to amend the Public Health Law.

 5                 ACTING PRESIDENT MAYER:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 2.  This 

 8    act shall take effect immediately.

 9                 ACTING PRESIDENT MAYER:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT MAYER:   Announce 

13    the results.

14                 THE SECRETARY:   Ayes, 63.

15                 ACTING PRESIDENT MAYER:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    1734, Assembly Print 7942, substituted earlier by 

19    Assemblymember Weinstein, an act to amend the 

20    Social Services Law.

21                 ACTING PRESIDENT MAYER:   Read the 

22    last section.

23                 THE SECRETARY:   Section 2.  This 

24    act shall take effect immediately.

25                 ACTING PRESIDENT MAYER:   Call the 


                                                               5215

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT MAYER:   Announce 

 4    the results.

 5                 THE SECRETARY:   In relation to 

 6    Calendar 1734, those Senators voting in the 

 7    negative are Senators Gallivan and Oberacker.  

 8                 Ayes, 61.  Nays, 2.

 9                 ACTING PRESIDENT MAYER:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    1735, Senate Print 7180, by Senator Savino, an 

13    act to amend the Penal Law.

14                 ACTING PRESIDENT MAYER:   Read the 

15    last section.

16                 THE SECRETARY:   Section 3.  This 

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

18    shall have become a law.

19                 ACTING PRESIDENT MAYER:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT MAYER:   Announce 

23    the results.

24                 THE SECRETARY:   Ayes, 63.

25                 ACTING PRESIDENT MAYER:   The bill 


                                                               5216

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    1736, Senate Print 7182, by Senator Palumbo, an 

 4    act authorizing the County of Suffolk to alienate 

 5    and discontinue the use of certain parklands.

 6                 ACTING PRESIDENT MAYER:   There is a 

 7    home-rule message at the desk.

 8                 Read the last section.

 9                 THE SECRETARY:   Section 8.  This 

10    act shall take effect immediately.  

11                 ACTING PRESIDENT MAYER:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT MAYER:   Announce 

15    the results.

16                 THE SECRETARY:   Ayes, 63.

17                 ACTING PRESIDENT MAYER:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    1737, Assembly Print 8021, substituted earlier by 

21    Assemblymember Abinanti, an act providing that a 

22    student enrolled in an individualized education 

23    plan during certain school years may continue to 

24    receive educational services.

25                 ACTING PRESIDENT MAYER:   Read the 


                                                               5217

 1    last section.

 2                 THE SECRETARY:   Section 2.  This 

 3    act shall take effect immediately.

 4                 ACTING PRESIDENT MAYER:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT MAYER:   Senator 

 8    Harckham to explain his vote.

 9                 SENATOR HARCKHAM:   Thank you, 

10    Madam President.  

11                 Since this is the last time I'll be 

12    speaking on the floor this session, I'd like to 

13    just preface my remarks first by thanking our 

14    Majority Leader Andrea Stewart-Cousins for her 

15    leadership during a really extraordinary year.  

16                 I also want to take a moment to 

17    thank all of the professional men and women from 

18    the staff of the Senate, whether they be our 

19    individual offices, whether it be here on the 

20    floor teams, or whether it be central staff, for 

21    their professionalism, their hard work and their 

22    intellect; it really makes our jobs as Senators 

23    much easier.

24                 And with that, on the bill.  I want 

25    to thank the leader, the Majority Leader, for 


                                                               5218

 1    bringing this to the floor.  I want to thank you, 

 2    Madam President, for your role as Education chair 

 3    and your work on this bill.  We know how hard the 

 4    pandemic was on all of our students, but it 

 5    disproportionately impacted our students with 

 6    differing needs and differing abilities who learn 

 7    differently and may need enhanced services.  And 

 8    that those services and that structure are so 

 9    critical for some students, and they lost that 

10    due to COVID.

11                 And this bill will allow them to get 

12    that back, up until the age of 23, so that they 

13    won't lose that personalized and individualized 

14    education plan that is so critical to their 

15    success.  They will have that opportunity up 

16    until the age of 23, for the next two years, to 

17    get those services back and to complete those 

18    individualized learning programs to give them the 

19    structure and the supports that they need to 

20    thrive and that they deserve.

21                 I vote aye, Madam President.  

22    Thank you.

23                 ACTING PRESIDENT MAYER:   Thank you, 

24    Senator Harckham.

25                 Senator Harckham to be recorded in 


                                                               5219

 1    the affirmative.

 2                 Announce the results.

 3                 THE SECRETARY:   Ayes, 63.

 4                 ACTING PRESIDENT MAYER:   The bill 

 5    is passed.  

 6                 THE SECRETARY:   Calendar Number 

 7    1738, Senate Print 7236, by 

 8    Senator Stewart-Cousins, an act to amend the 

 9    Public Authorities Law.

10                 ACTING PRESIDENT MAYER:   There is a 

11    home-rule message at the desk.

12                 Read the last section.

13                 THE SECRETARY:   Section 2.  This 

14    act shall take effect immediately.

15                 ACTING PRESIDENT MAYER:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT MAYER:   Announce 

19    the results.

20                 THE SECRETARY:   Ayes, 63.

21                 ACTING PRESIDENT MAYER:   The bill 

22    is passed.

23                 Senator Gianaris, that completes the 

24    reading of today's supplemental calendar.

25                 SENATOR GIANARIS:   Okay, 


                                                               5220

 1    Madam President.  At this time we're going to 

 2    break for respective party conferences.  

 3                 So please recognize Senator Lanza 

 4    for an announcement.

 5                 ACTING PRESIDENT MAYER:   Senator 

 6    Lanza for an announcement.

 7                 SENATOR LANZA:   Thank you, 

 8    Senator Gianaris.

 9                 Madam President, there will be an 

10    immediate meeting of the Republican Conference in 

11    Room 315 of the Capitol.

12                 ACTING PRESIDENT MAYER:   There will 

13    be an immediate meeting of the Senate Republican 

14    Conference in Room 315 of the Capitol.

15                 SENATOR GIANARIS:   Majority members 

16    should check their emails.  There is a Zoom link 

17    for a virtual conference in their inboxes, which 

18    will begin as soon as we go at ease.  

19                 And we will call a meeting of the 

20    Committee on Rules in Room 332 for 4:45, followed 

21    by session thereafter.  So session at 4:46 here 

22    in the chamber.

23                 (Laughter.)

24                 SENATOR GIANARIS:   The Senate 

25    stands at ease.


                                                               5221

 1                 ACTING PRESIDENT MAYER:   The Senate 

 2    stands at ease.

 3                 (Whereupon, the Senate stood at ease 

 4    at 3:48 p.m.)

 5                 (Whereupon, the Senate reconvened at 

 6    5:24 p.m.)

 7                 ACTING PRESIDENT MAYER:   The Senate 

 8    will come to order.

 9                 Senator Gianaris.

10                 SENATOR GIANARIS:   Madam President, 

11    I believe there's a report of the Rules Committee 

12    at the desk.  Can we take that up.

13                 ACTING PRESIDENT MAYER:   The 

14    Secretary will read.

15                 THE SECRETARY:   Senator  

16    Stewart-Cousins, from the Committee on Rules, 

17    reports the following bills:  

18                 Senate Print 2031, by 

19    Senator Akshar, an act to amend the County Law 

20    and the Tax Law; 

21                 Senate Print 2988, by 

22    Senator Harckham, an act in relation to ordering 

23    a study and report on improvements of 

24    State Route 9A; 

25                 Senate Print 524A, by Senator 


                                                               5222

 1    Hoylman, an act to amend the Vehicle and 

 2    Traffic Law; 

 3                 Senate Print 4379, by 

 4    Senator Hoylman, an act to amend the 

 5    Judiciary Law;

 6                 Senate Print 4523, by 

 7    Senator Gounardes, an act to amend the Retirement 

 8    and Social Security Law; 

 9                 Senate Print 5022, by 

10    Senator Gaughran, an act to amend the 

11    Environmental Conservation Law; 

12                 Senate Print 5673, by 

13    Senator Ritchie, an act to amend the Tax Law; 

14                 Senate Print 6185A, by 

15    Senator Lanza, an act to amend the Executive Law; 

16                 Senate Print 6492, by 

17    Senator Palumbo, an act to amend the Town Law and 

18    the Tax Law; 

19                 Senate Print 6573, by 

20    Senator Kavanagh, an act to amend the 

21    Social Services Law; 

22                 Senate Print 6603, by 

23    Senator Skoufis, an act to amend the 

24    Social Services Law and the Public Health Law; 

25                 Senate Print 6706B, by 


                                                               5223

 1    Senator Brisport, an act to amend the 

 2    Social Services Law; 

 3                 Senate Print 6796, by 

 4    Senator Brooks, an act to amend the Retirement 

 5    and Social Security Law; 

 6                 Senate Print 6925, by Senator May, 

 7    an act to repeal Section 5 of Chapter 254 of the 

 8    Laws of 2013;

 9                 Senate Print 6927, by 

10    Senator Serino, an act to amend the 

11    Alcoholic Beverage Control Law; 

12                 Senate Print 6990, by Senator Brouk, 

13    an act to amend subpart A of Part BB of 

14    Chapter 56 of the Laws of 2021; 

15                 Senate Print 7087A, by 

16    Senator Parker, an act to amend the 

17    Insurance Law; 

18                 Senate Print 7117, by 

19    Senator Helming, an act to amend the Tax Law; 

20                 Senate Print 7142A, by 

21    Senator Kennedy, an act to amend the 

22    General Business Law; 

23                 Senate Print 7209, by 

24    Senator Kennedy, an act granting a retroactive 

25    retirement date of August 5, 2010, from the 


                                                               5224

 1    New York State and Local Police and 

 2    Fire Retirement System for Cariol Horne;

 3                 Senate Print 7225, by 

 4    Senator Salazar, an act to amend the 

 5    Environmental Conservation Law; 

 6                 Senate Print 2890, by Senator May, 

 7    an act to amend the General Business Law; 

 8                 Senate Print 1634, by 

 9    Senator Skoufis, an act to amend the 

10    General Municipal Law; 

11                 Senate Print 6571, by 

12    Senator Hinchey, an act to amend the 

13    Public Health Law; 

14                 Senate Print 6712A, by 

15    Senator Comrie, an act to amend the 

16    Public Authorities Law; 

17                 Senate Print 6722, by 

18    Senator Salazar, an act to amend the 

19    Social Services Law; 

20                 Senate Print 6899, by 

21    Senator Palumbo, an act authorizing the Town of 

22    East Hampton, County of Suffolk, upon the 

23    dissolution of the East Hampton Wastewater 

24    Disposal District; 

25                 Senate Print 7096A, by 


                                                               5225

 1    Senator Cooney, an act to amend the 

 2    Education Law; and

 3                 Senate Print 7253, by 

 4    Senator Gianaris, an act to amend the 

 5    Civil Practice Law and Rules.

 6                 All bills reported direct to third 

 7    reading.

 8                 SENATOR GIANARIS:   Move to accept 

 9    the report of the Rules Committee.

10                 ACTING PRESIDENT MAYER:   All in 

11    favor of accepting the report of the 

12    Rules Committee signify by saying aye.

13                 (Response of "Aye.")

14                 ACTING PRESIDENT MAYER:   Opposed, 

15    nay.

16                 (No response.)

17                 ACTING PRESIDENT MAYER:   The 

18    Rules Committee report is accepted.

19                 Senator Gianaris.

20                 SENATOR GIANARIS:   Madam President, 

21    before we move to the supplemental calendar, can 

22    we go back to Calendar 1709, by Senator Breslin, 

23    remove the temporary lay-aside, and take that 

24    bill up.

25                 ACTING PRESIDENT MAYER:   There is a 


                                                               5226

 1    substitution at the desk.

 2                 The Secretary will read.

 3                 THE SECRETARY:   Senator Breslin 

 4    moves to discharge, from the Committee on Rules, 

 5    Assembly Bill Number 3370B and substitute it for 

 6    the identical Senate Bill 4106B, Third Reading 

 7    Calendar 1774.

 8                 ACTING PRESIDENT MAYER:   The 

 9    substitution is so ordered.

10                 The Secretary will read.

11                 THE SECRETARY:   Calendar Number 

12    1774, Assembly Print 3370B, by 

13    Assemblymember McDonald, an act to amend the 

14    Public Authorities Law.

15                 ACTING PRESIDENT MAYER:   Read the 

16    last section.

17                 THE SECRETARY:   Section 2.  This 

18    act shall take effect immediately.

19                 ACTING PRESIDENT MAYER:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT MAYER:   Announce 

23    the results.

24                 THE SECRETARY:   Ayes, 63.

25                 ACTING PRESIDENT MAYER:   The bill 


                                                               5227

 1    is passed.

 2                 Senator Gianaris.

 3                 SENATOR GIANARIS:   Thank you, 

 4    Madam President.  Now let's take up the 

 5    supplemental calendar, Supplemental Calendar B.

 6                 (Pause.)

 7                 SENATOR GIANARIS:   Madam President, 

 8    can we just stand at ease for a brief moment.

 9                 ACTING PRESIDENT MAYER:   The Senate 

10    will stand at ease.

11                 (Whereupon, the Senate stood at ease 

12    at 5:28 p.m.)

13                 (Whereupon, the Senate reconvened at 

14    5:29 p.m.)

15                 ACTING PRESIDENT MAYER:   The Senate 

16    will come to order.

17                 SENATOR GIANARIS:   Okay, 

18    Madam President, we're going to come back to the 

19    supplemental calendar in a moment, but first 

20    we're going to take up the nominations that are 

21    pending.  

22                 There's a report of the 

23    Finance Committee at the desk with those 

24    nominations.  Please take them up and recognize 

25    Senator Krueger on the Finance Committee report.


                                                               5228

 1                 ACTING PRESIDENT MAYER:   The 

 2    Secretary will read.

 3                 THE SECRETARY:   Senator Krueger, 

 4    from the Committee on Finance, reports the 

 5    following nominations.  

 6                 As chief enforcement counsel of the 

 7    State Board of Elections:  Michael L. Johnson.  

 8                 As members of the New York State 

 9    Energy Research and Development Authority:  

10    Richard L. Kauffman; Sarah McKeown Singman; 

11    Sherburne B. Abbott; Frances Ann Resheske; 

12    Arturo Garcia-Costas; Jay L. Koh. 

13                 As commissioners of the 

14    Public Service Commission:  James E. Alesi; 

15    Roy M. Christian; David J. Valesky; and 

16    John Maggiore.

17                 ACTING PRESIDENT MAYER:    

18    Senator Krueger.

19                 SENATOR KRUEGER:   Good afternoon, 

20    Madam President.  Nice to see you up there.

21                 On behalf of the Senate Finance 

22    Committee, and on behalf of now the entire 

23    Senate, I would just like to applaud each person 

24    being confirmed today.  

25                 These are very important jobs for 


                                                               5229

 1    the State of New York.  One will be joining the 

 2    Board of Elections to be ensuring the legitimacy 

 3    of the campaign funds system.  

 4                 Then six will be joining the 

 5    New York State Energy Research and Development 

 6    Authority, NYSERDA, responsible for so much of 

 7    what happens in energy and sustainability and our 

 8    future.  

 9                 And then four who will join the 

10    Public Service Commission, which of course has 

11    regulatory authority over our utilities, our 

12    phones, our wifi, our electricity, and in fact 

13    the challenges for the 21st century of seeing how 

14    quickly we can move New York State into the 

15    leader in the country, as our legislation 

16    instructs, so that we have met the highest 

17    standards of energy efficiency and green energy 

18    and conversion of an antiquated system, including 

19    an improved electric grid.

20                 So these candidates that we are 

21    nominating to positions today have an enormous 

22    amount of work to do on the behalf of 20 million 

23    New Yorkers.  And on behalf of our leader, Andrea 

24    Stewart-Cousins, and my colleagues in the Senate, 

25    I wish them all well.  I wish them all enormous 


                                                               5230

 1    luck in accomplishing the very challenging 

 2    positions they are taking on.  And I do urge my 

 3    colleagues to support them through votes this 

 4    afternoon.

 5                 Thank you, Madam President.

 6                 ACTING PRESIDENT MAYER:   Thank you, 

 7    Senator Krueger.

 8                 Senator Ryan on the nominations.

 9                 SENATOR RYAN:   Good evening, 

10    Madam President.  Great to see you today.

11                 Senator Krueger, thanks for all the 

12    work you've done getting these items through 

13    these committees.  A lot of work over the last 

14    few days.  

15                 I rise to speak on behalf of 

16    John Maggiore, who's in front of us as a nominee 

17    to the Public Service Commission.  

18                 I've known John for over 25 years.  

19    Before he moved his residence to Albany, he was a 

20    constituent of mine.  His mom and dad, Sal and 

21    Susan Maggiore, still live in the same house in 

22    the neighborhood.  

23                 And John is a professional in 

24    government and public policy.  He's not new to 

25    it.  He actually interned here while he was in 


                                                               5231

 1    college, went on to work for Governor Mario Cuomo 

 2    right after college.  He spent almost a decade as 

 3    the chief of staff for an Assemblymember.  He was 

 4    also the chief of staff for the president of 

 5    Buffalo State College.  He's got a really broad 

 6    background.  He's really a skilled professional 

 7    in the field of government and public policy.  

 8                 And one of the highlights that I had 

 9    working with John Maggiore when he was a 

10    representative on the Public Bridge Authority -- 

11    it's the Peace Bridge Authority in Buffalo.  And 

12    they had this plan to build a new bridge which 

13    also would have knocked down hundreds of 

14    low-income houses on the West Side of Buffalo.  

15                 And that plan was trying to be 

16    jammed through until John got on the board, and 

17    he did a data analysis of will this bridge really 

18    even be able to pay for itself without even 

19    having to balance the harm to the neighborhoods?  

20    And the data showed the bridge could not pay for 

21    itself.  

22                 So we still have our lovely 

23    100-year-old bridge, we still have an intact 

24    neighborhood of 100 people, and it was because of 

25    the professional and the analytical skills that 


                                                               5232

 1    John Maggiore brought to his position as a board 

 2    member.

 3                 As you know, New York State has 

 4    adopted an ambitious climate change policy and 

 5    plan, but now is the hard part, and the hard part 

 6    is executing it.  But I am confident that 

 7    John Maggiore has the skills to get it done.  

 8    He's got the experience, he's got the brain 

 9    power, he's got the analytical ability.  

10                 And I look forward to working with 

11    him in his new role at the Public Service 

12    Commission.  And it's my pleasure to support his 

13    nomination and to cast my vote in the 

14    affirmative.

15                 Thank you so much.

16                 ACTING PRESIDENT MAYER:   Thank you, 

17    Senator Ryan.

18                 Senator Jackson on the nominations.

19                 SENATOR JACKSON:   Thank you, 

20    Madam President.  

21                 Good afternoon, my colleagues.  I 

22    rise to explain my vote on the nomination of 

23    David Valesky as a Public Service commissioner.

24                 The Public Service Commission 

25    regulates and oversees the electric, gas, water 


                                                               5233

 1    and telecommunication industries in New York 

 2    State.  Indeed, it is a body that demands great 

 3    integrity to lead.  And it directly affects many 

 4    lives daily.  

 5                 Integrity is a quality I find 

 6    lacking in this nominee, a registered Democrat 

 7    who was one of the founding members of the 

 8    so-called Independent Democratic Conference, a 

 9    group of turncoat Democrats.  The fundamental 

10    lack of integrity that the IDC members 

11    demonstrated in betraying their constituents 

12    should be of deep concern to us and should weigh 

13    heavily in our decision to vote on this 

14    nomination.  

15                 While I may disagree with my 

16    colleagues on the other side of the aisle, we 

17    know where the others stand, and there is value 

18    in that honesty and transparency.  Based on this 

19    nominee's decision to run repeatedly as a 

20    Democrat but caucus with the Republicans, I do 

21    not see the firm adherence to a moral code that 

22    should be baseline for public service.  

23                 And as a member of the IDC, 

24    Mr. Valesky participated in blocking numerous 

25    bills that would have improved the lives of 


                                                               5234

 1    millions of New Yorkers -- millions.  

 2                 Fortunately, today, we count on a 

 3    Senate Majority that has upheld our mandate to 

 4    legislate with the interests of our constituents' 

 5    well-being.  As a legislator of conscience, I 

 6    cannot ignore Mr. Valesky's record of harm to 

 7    communities like those I represent, nor can I 

 8    condone his lack of integrity as a founding IDC 

 9    member.

10                 Therefore, Madam President, I vote 

11    no on Mr. Valesky's nomination.  I do not believe 

12    he is fit to serve as a Public Service 

13    commissioner.

14                 Thank you.

15                 ACTING PRESIDENT MAYER:   The 

16    question is on the nominations.

17                 All in favor say aye.

18                 (Response of "Aye.")

19                 ACTING PRESIDENT MAYER:   Opposed?

20                 (Response of "Nay.")

21                 ACTING PRESIDENT MAYER:   The 

22    nominees are confirmed.

23                 Senator Gianaris.

24                 SENATOR GIANARIS:   Madam President, 

25    on receiving the request of more than five 


                                                               5235

 1    members, the votes on these nominations will be 

 2    recorded in the Journal.  

 3                 Any Senator wishing to be recorded 

 4    in the negative please inform the Majority or 

 5    Minority counsel staff with your votes.  

 6                 And as with any noncontroversial 

 7    matter on the calendar, whoever is in the vote 

 8    bank and does not contact the desk will be 

 9    recorded in the affirmative.

10                 ACTING PRESIDENT MAYER:   It is so 

11    ordered.

12                 SENATOR GIANARIS:   At this point 

13    we're going to stand at ease just for a minute or 

14    two while we get ready for the supplemental 

15    calendar.

16                 ACTING PRESIDENT MAYER:   The Senate 

17    will stand at ease.

18                 (Whereupon, the Senate stood at ease 

19    at 5:38 p.m.)

20                 (Whereupon, the Senate reconvened at 

21    5:39 p.m.)

22                 ACTING PRESIDENT MAYER:   The Senate 

23    will come to order.

24                 Senator Gianaris.

25                 SENATOR GIANARIS:   Madam President, 


                                                               5236

 1    while we're waiting for some technical aspects of 

 2    the supplemental calendar to get resolved, can we 

 3    allow members who still want to speak on the 

 4    nominations to have their say.

 5                 ACTING PRESIDENT MAYER:   Without 

 6    objection, so ordered.

 7                 Senator Borrello on the nominations.

 8                 SENATOR BORRELLO:   Thank you, 

 9    Madam President.  I rise today to explain my 

10    votes on the nominations.  

11                 As I did before, I voted no on all 

12    the nominations.  Not because these folks are not 

13    qualified, but because I simply don't have enough 

14    information to make a truly informed decision on 

15    most if not all of them, quite frankly, as a 

16    relatively new legislator.

17                 So I've heard a lot of things about 

18    how important these jobs are, and they are, these 

19    nominations, what they're doing here in New York 

20    State and the impact, the long-term impact of 

21    these appointments.  And yet I don't think most 

22    of my colleagues really have a full understanding 

23    of who these folks are and the job -- if they are 

24    qualified for the job that they are being 

25    appointed to.


                                                               5237

 1                 I've introduced legislation, Senate 

 2    Bill 7242, which would give us 60 days from when 

 3    a nominee is presented to do our due diligence 

 4    before we actually have to vote on them.  Not in 

 5    the matter of days or even hours, but 60 days and 

 6    financing for the Majority and the Minority to do 

 7    our own independent investigation.

 8                 I think that's appropriate.  When we 

 9    start hearing about judicial nominees to the 

10    highest court in New York State, to people that 

11    are going to be making decisions about the future 

12    of important things like our electrical grid and 

13    the future of New York in general, to sit here 

14    and review it in, quite frankly, less time than I 

15    review an applicant who's going to serve drinks 

16    at one of my bars, I think it's rather shameful, 

17    quite frankly, that we don't have more time to 

18    review and vet these folks.

19                 So I'm voting no on principle, but 

20    also urging my colleagues to bring this bill 

21    forward so we have the time and the funding to 

22    do the proper due diligence and truly vet these 

23    nominees.

24                 Thank you.

25                 ACTING PRESIDENT MAYER:   Thank you, 


                                                               5238

 1    Senator Borrello. 

 2                 Senator Gianaris.

 3                 SENATOR GIANARIS:   Okay, 

 4    Madam President, now we'll go back to -- assuming 

 5    no one else wants to explain votes on the 

 6    nominations, we'll go back to at ease for just a 

 7    brief moment.

 8                 I take it back.  

 9                 (Laughter.)

10                 SENATOR GIANARIS:   Madam President, 

11    we do have some procedural work for the desk to 

12    do, so why don't we take this opportunity to 

13    allow the substitutions to be read on the bills 

14    that are coming.

15                 ACTING PRESIDENT MAYER:   There are 

16    substitutions at the desk.

17                 The Secretary will read.

18                 THE SECRETARY:   Senator Akshar 

19    moves to discharge, from the Committee on Rules, 

20    Assembly Bill Number 4044 and substitute it for 

21    the identical Senate Bill 2031, Third Reading 

22    Calendar 1739.

23                 Senator Gaughran moves to discharge, 

24    from the Committee on Rules, Assembly Bill Number 

25    4637 and substitute it for the identical Senate 


                                                               5239

 1    Bill 5022, Third Reading Calendar 1744.

 2                 Senator Lanza moves to discharge, 

 3    from the Committee on Rules, Assembly Bill 

 4    Number 118B and substitute it for the identical 

 5    Senate Bill 6185A, Third Reading Calendar 1746.

 6                 Senator Palumbo moves to discharge, 

 7    from the Committee on Local Government, 

 8    Assembly Bill Number 2633 and substitute it for 

 9    the identical Senate Bill 6492, Third Reading 

10    Calendar 1747.

11                 Senator Kavanagh moves to discharge, 

12    from the Committee on Rules, Assembly Bill 

13    Number 8009 and substitute it for the identical 

14    Senate Bill 6573, Third Reading Calendar 1748.

15                 Senator Kennedy moves to discharge, 

16    from the Committee on Rules, Assembly Bill 

17    Number 7960A and substitute it for the identical 

18    Senate Bill 7142A, Third Reading Calendar 1757.

19                 Senator Salazar moves to discharge, 

20    from the Committee on Rules, Assembly Bill 

21    Number 2435 and substitute it for the identical 

22    Senate Bill 7225, Third Reading Calendar 1759.

23                 Senator May moves to discharge, from 

24    the Committee on Rules, Assembly Bill Number 

25    5837B and substitute it for the identical Senate 


                                                               5240

 1    Bill 2890, Third Reading Calendar 1760.

 2                 Senator Palumbo moves to discharge, 

 3    from the Committee on Local Government, 

 4    Assembly Bill Number 4216 and substitute it for 

 5    the identical Senate Bill 4024, Third Reading 

 6    Calendar 1328.

 7                 Senator Skoufis moves to discharge, 

 8    from the Committee on Rules, Assembly Bill 

 9    Number 795 and substitute it for the identical 

10    Senate Bill 1634, Third Reading Calendar 1761.

11                 Senator Hinchey moves to discharge, 

12    from the Committee on Rules, Assembly Bill 

13    Number 6166A and substitute it for the identical 

14    Senate Bill 6571, Third Reading Calendar 1763.  

15                 Senator Comrie moves to discharge, 

16    from the Committee on Rules, Assembly Bill 

17    Number 7578A and substitute it for the identical 

18    Senate Bill 6712, Third Reading Calendar 1764.

19                 Senator Palumbo moves to discharge, 

20    from the Committee on Rules, Assembly Bill 

21    Number 7708 and substitute it for the identical 

22    Senate Bill 6899, Third Reading Calendar 1766.

23                 Senator Cooney moves to discharge, 

24    from the Committee on Rules, Assembly Bill 

25    Number 7755A and substitute it for the identical 


                                                               5241

 1    Senate Bill 7096A, Third Reading Calendar 1767.

 2                 Senator Gianaris moves to discharge, 

 3    from the Committee on Rules, Assembly Bill 

 4    Number 7769 and substitute it for the identical 

 5    Senate Bill 7253, Third Reading Calendar 1768.

 6                 ACTING PRESIDENT MAYER:   All 

 7    substitutions so ordered.

 8                 Senator Gianaris.

 9                 SENATOR GIANARIS:   Okay, 

10    Madam President, I'm told we are ready to proceed 

11    at this point with the supplemental calendar, so 

12    let's take that up.

13                 ACTING PRESIDENT MAYER:   The 

14    Secretary will read.

15                 THE SECRETARY:   Calendar Number 

16    930, Senate Print 399A, by Senator Biaggi, an act 

17    to amend the Correction Law.

18                 ACTING PRESIDENT MAYER:   Read the 

19    last section.

20                 THE SECRETARY:   Section 2.  This 

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

22    shall have become a law.

23                 ACTING PRESIDENT MAYER:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               5242

 1                 ACTING PRESIDENT MAYER:   Senator 

 2    Biaggi to explain her vote.

 3                 SENATOR BIAGGI:   Thank you, 

 4    Madam President.  

 5                 I rise today to proudly vote in 

 6    favor of S399A, which protects the rights of 

 7    pregnant incarcerated New Yorkers.

 8                 Pregnant people in our jails and 

 9    prisons are among some of the most marginalized 

10    and overlooked individuals, and this legislation 

11    will advance the health and the well-being of 

12    pregnant New Yorkers who are incarcerated by 

13    allowing them to have a support person with them 

14    while giving birth and ensuring that they have 

15    access to information about the prison nursery 

16    program and available abortion services.  

17                 A survey of formerly incarcerated 

18    women conducted by the Correctional Association 

19    of New York City has found that many respondents 

20    classified their healthcare experiences in prison 

21    as uncomfortable and traumatic, especially if 

22    they were victims of sexual and domestic 

23    violence.  

24                 Any poor access to healthcare in 

25    prisons can have lifelong consequences, most 


                                                               5243

 1    especially for pregnant people and their 

 2    children.  And pregnant people who are 

 3    incarcerated face heightened risk of 

 4    complications during childbirth.  

 5                 All people deserve dignity and 

 6    respect, regardless of whether they are 

 7    incarcerated.  This bill takes key steps to 

 8    safeguard the rights of pregnant incarcerated 

 9    New Yorkers, and I really want to thank my 

10    partner on this bill in the Assembly, 

11    Assemblymember Rosenthal, and the directly 

12    impacted women who shared their experiences with 

13    us and helped us to strengthen this bill and to 

14    make it as excellent as possible.

15                 I also, finally, want to extend my 

16    gratitude to the Majority Leader for bringing 

17    this important bill to the floor to protect the 

18    dignity and the health of pregnant incarcerated 

19    New Yorkers.  

20                 I vote aye, Madam President.

21                 ACTING PRESIDENT MAYER:   Senator 

22    Biaggi to be recorded in the affirmative.

23                 Announce the results.

24                 THE SECRETARY:   In relation to 

25    Calendar 930, those Senators voting in the 


                                                               5244

 1    negative are Senators Akshar, Borrello, Gallivan, 

 2    Helming, Jordan, Oberacker, Ortt, Palumbo, 

 3    Ritchie and Tedisco.

 4                 Ayes, 53.  Nays, 10.

 5                 ACTING PRESIDENT MAYER:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    1328, Assembly Print 4216, substituted earlier by 

 9    Assemblymember Thiele, an act in relation to the 

10    enforcement by the Village of Sagaponack of 

11    interests in real property acquired for the 

12    purposes of open space or open areas.

13                 ACTING PRESIDENT MAYER:   There is a 

14    home-rule message at the desk.

15                 Read the last section.

16                 THE SECRETARY:   Section 2.  This 

17    act shall take effect immediately.

18                 ACTING PRESIDENT MAYER:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT MAYER:   Announce 

22    the results.

23                 THE SECRETARY:   Ayes, 63.

24                 ACTING PRESIDENT MAYER:   The bill 

25    is passed.


                                                               5245

 1                 THE SECRETARY:   Calendar Number 

 2    1739, Assembly Print 4044, substituted earlier by 

 3    Assemblymember Friend, an act to amend the 

 4    County Law and the Tax Law.

 5                 ACTING PRESIDENT MAYER:   There is a 

 6    home-rule message at the desk.

 7                 Read the last section.

 8                 THE SECRETARY:   Section 2.  This 

 9    act shall take effect immediately.

10                 ACTING PRESIDENT MAYER:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT MAYER:   Announce 

14    the results.

15                 THE SECRETARY:   In relation to 

16    Calendar 1739, those Senators voting in the 

17    negative are Senators Brooks, Gaughran and 

18    O'Mara.

19                 Ayes, 60.  Nays, 3.

20                 ACTING PRESIDENT MAYER:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    1740, Senate Print 2988, by Senator Harckham, an 

24    act in relation to ordering a study and report on 

25    improvements of State Route 9A.


                                                               5246

 1                 ACTING PRESIDENT MAYER:   Read the 

 2    last section.  

 3                 THE SECRETARY:   Section 2.  This 

 4    act shall take effect immediately.

 5                 ACTING PRESIDENT MAYER:   Call the 

 6    roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT MAYER:   Senator 

 9    Reichlin-Melnick to explain his vote.  

10                 SENATOR REICHLIN-MELNICK:   Thank 

11    you so much, Madam President.  

12                 And thank you, Senator Harckham, for 

13    introducing this important bill which will 

14    require the State Department of Transportation to 

15    finally do a study and recommend improvements to 

16    State Route 9A in the Towns of Ossining and 

17    Mount Pleasant, which crosses between both of our 

18    districts.  

19                 This is a dangerous 90-year-old 

20    roadway that cannot handle the traffic it 

21    currently receives -- over 40,000 vehicles a day, 

22    including large commercial traffic.  It is a -- 

23    sharp curves, narrow shoulders, the guardrails 

24    are falling down, the bridges are low.  This is a 

25    roadway that has a fatal accident waiting to 


                                                               5247

 1    happen.  

 2                 In 2018 there were 120 accidents 

 3    along Route 9A in the Towns of Ossining and 

 4    Mount Pleasant.  That's one every three days.  We 

 5    can't wait any longer to have state action to 

 6    address the problems with this roadway.  I've 

 7    spoken with local government officials, with fire 

 8    officials, with emergency responders; they all 

 9    say that we need action now.  

10                 I am really happy that we are 

11    passing this bill in the Senate.  I wish the 

12    Assembly was doing the same.  And we're going to 

13    have to keep up and keep the pressure on this 

14    issue, because I don't want to have to go back to 

15    my district -- and I know Senator Harckham 

16    doesn't want to have to go back to his district 

17    and answer for why there is a deadly accident, 

18    which I deeply fear may happen if we don't take 

19    action soon.  

20                 So thank you for bringing this bill 

21    to a vote.  I'm proud to vote yes.

22                 ACTING PRESIDENT MAYER:   Senator 

23    Reichlin-Melnick to be recorded in the 

24    affirmative.

25                 Announce the results.


                                                               5248

 1                 THE SECRETARY:   Ayes, 63.

 2                 ACTING PRESIDENT MAYER:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    1741, Senate Print 524A, by Senator Hoylman, an 

 6    act to amend the Vehicle and Traffic Law.

 7                 ACTING PRESIDENT MAYER:   There is a 

 8    home-rule message at the desk.

 9                 Read the last section.

10                 THE SECRETARY:   Section 3.  This 

11    act shall take effect immediately.

12                 ACTING PRESIDENT MAYER:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT MAYER:   Senator 

16    Jackson to explain his vote.

17                 SENATOR JACKSON:   Thank you, 

18    Madam President.

19                 My colleagues, I rise to explain my 

20    vote on Senator Hoylman's bill S524A.  And that 

21    is an act to amend the Vehicle and Traffic Law in 

22    relation to establishing speed limits in cities 

23    with populations in excess of 1 million people.  

24    And as you know, in New York State the only city 

25    is New York City.


                                                               5249

 1                 So speed limits frame expectations 

 2    for drivers and other roadway users.  Speed 

 3    limits provide a safe, consistent and reasonable 

 4    speed to protect drivers, pedestrians and 

 5    bicyclists along our roadways.

 6                 The Legislature years ago passed a 

 7    law authorizing the City of New York to establish 

 8    a 25-mile-per-hour speed limit throughout the 

 9    city.  This proved to be an effective change 

10    compared to what the law had established before.  

11    The data is there to justify the change.  

12    However, new data also suggests that reducing the 

13    speed limit from 25 to 20 miles per hour will 

14    further reduce injuries and deaths.  

15                 And I say, as someone who's lived in 

16    New York City all my entire life, I agree with 

17    this bill.  With so much vehicle, bicycle and 

18    pedestrian traffic in New York City, to support 

19    this bill is not only a no-brainer, it is another 

20    step towards preventing more injuries and saving 

21    many more lives in very dense, mostly mid-rise 

22    districts like the one that I represent, which is 

23    13 miles of Manhattan.

24                 We can all agree that what we want 

25    are safer roadways for families and neighbors.  


                                                               5250

 1    Let's all honor the memory of 12-year-old Sammy, 

 2    who lost his life by a speeding driver while 

 3    playing in a park in Brooklyn.

 4                 And I vote aye for the safety of all 

 5    of the people of our great state, 

 6    Madam President.

 7                 ACTING PRESIDENT MAYER:   Senator 

 8    Jackson to be recorded in the affirmative.

 9                 Senator Gounardes to explain his 

10    vote.

11                 SENATOR GOUNARDES:   Thank you, 

12    Madam President.  

13                 I too rise in strong support of 

14    passing Sammy's Law in this chamber.  

15                 There is no reason why 224 people up 

16    here in Albany should be able to dictate the 

17    speed limit on the streets of Bay Ridge, of 

18    Bensonhurst, of Inwood, of the Village, of any 

19    neighborhood in New York City.  There's 

20    absolutely no reason for it.  It doesn't make any 

21    sense.

22                 This is a commonsense bill that will 

23    let the City of New York make its own 

24    determination as to what is the appropriate and 

25    safe speed limit on its own streets.


                                                               5251

 1                 We know that when we reduce 

 2    speeding, we reduce serious injuries and we 

 3    reduce fatalities.  It's a proven science.  When 

 4    New York City last had its speed limit lowered 

 5    from 30 miles per hour to 25 miles per hour, 

 6    serious injuries and fatalities dropped by 

 7    22 percent.  Twenty-two percent.  

 8                 And yet we know that we still have 

 9    more work to do to realize the true goal of 

10    Vision Zero, a world in which no parent, senior 

11    or pedestrian of any age needs to live in fear of 

12    crossing the street because of speeding cars -- 

13    people that wanted to save three seconds on their 

14    commute.  People that want to take a turn too 

15    fast because it's more important for them to get 

16    to where they're going than for someone else to 

17    get to where they're going safely.

18                 This is common sense.  There is no 

19    reason why this should have taken us so long.  

20    I'm incredibly thankful for Senator Hoylman in 

21    carrying this bill through, and I earnestly hope 

22    and pray that we can get this bill across the 

23    finish line in both chambers and to the 

24    Governor's desk as soon as possible, because 

25    lives will be saved by passing Sammy's Law today.


                                                               5252

 1                 Thank you.

 2                 ACTING PRESIDENT MAYER:   Senator 

 3    Gounardes to be recorded in the affirmative.

 4                 Senator Lanza to explain his vote.

 5                 SENATOR LANZA:   Thank you, 

 6    Madam President.

 7                 First let me say I understand the 

 8    goal here and what Senator Hoylman is trying to 

 9    accomplish.  To his mind, he's trying to increase 

10    safety on our roads.

11                 But I want to disagree with 

12    something that was just said in terms of who 

13    ought to decide this.  I would rather the people 

14    in this room, Democrat and Republican, decide on 

15    this issue than Bill de Blasio, and let me tell 

16    you why.

17                 Once upon a time in this chamber, 

18    not too long ago, there was a bill on speed 

19    cameras.  There were those of us like myself who 

20    believed it had much more to do with money than 

21    safety, and I said as much on this floor.  And 

22    the test going forward, I thought, would be where 

23    and how they sited these cameras.  

24                 I spoke to the then-commissioner of 

25    the Department of Transportation in New York 


                                                               5253

 1    City, Commissioner Trottenberg, a good person.  

 2    We sat there and we looked at the map on 

 3    Staten Island, and she asked me where I thought 

 4    that speed cameras would be wasted and would only 

 5    be appropriate if it was about money and not 

 6    safety.  And we found agreement.  

 7                 One stretch that we both agreed upon 

 8    was a stretch of Hylan Boulevard.  It's a main 

 9    road, one of the few arterials on Staten Island.  

10    It cuts from the one end of Staten Island to the 

11    southern tip of Staten Island -- which is, by the 

12    way, the most southern tip and point of New York 

13    State.  The people who live in the southern 

14    portion of Staten Island have the longest commute 

15    in the State of New York.  To even get from their 

16    community, their homes within their own city to 

17    jobs in Manhattan is a two, two and a half, close 

18    to three-hour commute.

19                 I worked in New York City, in 

20    Manhattan, for a long time, and I will tell you 

21    my commute to Albany is a better commute than my 

22    constituents have from Staten Island to 

23    Manhattan.  There's a lack of transportation.  We 

24    don't have a subway.  There are hardly any buses.  

25    We've got one Mary Poppins train line.  


                                                               5254

 1                 And so this stretch, this arterial 

 2    is two lanes each way, there's a shoulder.  It's 

 3    as big or bigger than most state highways.  For a 

 4    long time the speed limit has been 40 miles an 

 5    hour.  It is in the most sparsely developed 

 6    portion of all of New York City.  This is the 

 7    portion that people depend upon to get on a bus, 

 8    if one comes or shows up, or get in their car and 

 9    get to work.  There are not that many residents 

10    there, but as I said, it's an arterial.  

11                 Forty miles an hour, they put a 

12    couple of speed cameras up -- even though 

13    then-Commissioner Trottenberg and I agreed this 

14    would not be the place to put a speed camera but, 

15    if you did it, was a proof that it was about 

16    money and not safety.  Because the police records 

17    show this is one of the safest roads in all of 

18    New York City, this portion of Hylan Boulevard.  

19                 So what happened?  Bill de Blasio 

20    figured out that they were not making enough 

21    money on these speed camera at 40 miles an hour.  

22    If this road were anywhere else in New York, the 

23    speed limit would be 50 or 55.  And it would be 

24    safe.  

25                 So what did he do a couple of weeks 


                                                               5255

 1    ago?  He decided, without input from the 

 2    community -- which, by the way, I believe is a 

 3    violation of law.  Because in Senator Hoylman's 

 4    bill, he appropriately and accurately says there 

 5    ought to be community board input, there ought to 

 6    be a notice, a 60-day notice requirement if 

 7    you're going to change the speed limit by more 

 8    than five miles an hour.  

 9                 Well, that didn't happen on 

10    Staten Island.  And he went from 40 to 30 so he 

11    can make more money, so he can pick the pockets 

12    of the people of Staten Island without increasing 

13    safety.  

14                 And so while I know what Senator 

15    Hoylman is doing and I support him, I'm going to 

16    have to vote in the negative here, 

17    Madam President.

18                 ACTING PRESIDENT MAYER:   Senator 

19    Lanza to be recorded in the negative.

20                 Senator Hoylman to explain his vote.

21                 SENATOR HOYLMAN:   Thank you, 

22    Madam President.

23                 And thank you to my colleagues for 

24    their words.

25                 The bill we're voting on, Sammy's 


                                                               5256

 1    Law, would give New York City the authorization 

 2    and flexibility, finally, finally, to tailor its 

 3    speed limits to meet the needs of neighborhoods 

 4    within the five boroughs.  

 5                 The truth is streets and sidewalks 

 6    make up the largest public space in New York 

 7    City, but our streets are not safe enough right 

 8    now to be truly enjoyed by New Yorkers.  Instead, 

 9    they've been turned into an open-air graveyard 

10    thanks to reckless drivers who have stricken fear 

11    into our communities.  

12                 Last year was the deadliest year in 

13    traffic fatalities since 2014, the year that the 

14    city implemented Vision Zero, with over 240 

15    fatalities on our city streets.  In 2021, well, 

16    it's already shaping up to be even worse, with 

17    nearly 100 traffic fatalities recorded up to 

18    May 31st of this year.  We're on pace to eclipse 

19    last year's record and see the most deaths, the 

20    most deaths since 2013.

21                 But there are more than just numbers 

22    here.  We're talking about family members, 

23    teachers, our friends, community members.  There 

24    are too many stories to tell here today.  But my 

25    heart is with them all and with the loved ones 


                                                               5257

 1    they have left behind.  

 2                 There's one story, though, that I 

 3    need to tell.  In 2013, 12-year-old Sammy Cohen 

 4    Eckstein was killed by a speeding driver in 

 5    Brooklyn, New York, while crossing the street in 

 6    front of his home on his way to soccer 

 7    practice -- just a few months before his bar 

 8    mitzvah. 

 9                 Sammy's mother Amy lost her beloved 

10    son that day, as did Joan Dean, my constituent 

11    and Sammy's grandmother.  But they took that 

12    horrible grief and turned it into action.  

13    Despite the pain of having lost Sammy, Amy didn't 

14    want to come to that same street and it happen to 

15    someone else's child.  She helped cofound 

16    Families for Safe Streets and has successfully 

17    fought for lower speed limits and other critical 

18    street safety reforms, many of which we've voted 

19    in this chamber on.

20                 The bill is named in Sammy's memory, 

21    and we introduced it on what would have been 

22    Sammy's 20th birthday.

23                 We know that lower speed limits save 

24    lives.  We've seen it work before, and we must 

25    make it work again.  Studies show that one mile 


                                                               5258

 1    per hour reduction, a 1-mile-per-hour reduction 

 2    in driving speed has been shown to result in a 

 3    17 percent decrease in fatal crashes.  Lower 

 4    speeds would also protect our senior population, 

 5    who make up almost half of the city's pedestrian 

 6    fatalities, despite comprising only about 13 

 7    percent of the population.

 8                 I, for one, am tired of worrying 

 9    about my own daughters' safety when we go for a 

10    walk.  I'm tired of worrying about my own safety 

11    when I bike around the city.  I'm tired of 

12    worrying who in the community we might lose next 

13    or who will be seriously injured.  

14                 This is what is at stake when we 

15    allow the status quo to continue.  And this is 

16    what we lose when we allow vehicular violence to 

17    go unchecked and ravage our community.  

18                 Sammy's Law is about prioritizing 

19    safety and allowing the city the ability to lower 

20    speed limits to protect all of us.

21                 I want to thank all the advocates 

22    who have fought so hard for this legislation and 

23    made it possible, especially Transportation 

24    Alternatives and Families for Safe Streets.

25                 I also want to thank my colleagues 


                                                               5259

 1    for supporting this bill, in particular 

 2    Senator Gounardes and Senator Jackson, who have 

 3    been real champions alongside the advocates, and 

 4    with my support.

 5                 My Assembly colleague Dick Gottfried 

 6    has been leading this legislation in the other 

 7    house.  I hope we can get it across the finish 

 8    line in the next few hours.  And Senate 

 9    Transportation Chair Tim Kennedy and Senate 

10    Majority Leader Andrea Stewart-Cousins deserve 

11    our indebtedness for their leadership in bringing 

12    this bill to the floor for a vote.

13                 I also want to give a special thanks 

14    to my colleagues Sam Vasquez and Burton Phillips 

15    for their work on negotiating this bill.  

16                 We have no time to wait.  I urge my 

17    colleagues in the Assembly to do what we're 

18    doing, take this bill up.  Let's make New York 

19    City streets safer for everyone.  

20                 I proudly vote aye.

21                 ACTING PRESIDENT MAYER:   Senator 

22    Hoylman to be recorded in the affirmative.

23                 Announce the results.

24                 THE SECRETARY:   In relation to 

25    Calendar 1741, those Senators voting in the 


                                                               5260

 1    negative are Senators Akshar, Borrello, Felder, 

 2    Helming, Jordan, Lanza, Mattera, O'Mara, Palumbo 

 3    and Rath.  

 4                 Ayes, 53.  Nays, 10.

 5                 ACTING PRESIDENT MAYER:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    1742, Senate Print 4379, by Senator Hoylman, an 

 9    act to amend the Judiciary Law.

10                 ACTING PRESIDENT MAYER:   Read the 

11    last section.

12                 THE SECRETARY:   Section 3.  This 

13    act shall take effect immediately.  

14                 ACTING PRESIDENT MAYER:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT MAYER:   Announce 

18    the results.

19                 THE SECRETARY:   Ayes, 63.

20                 ACTING PRESIDENT MAYER:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    1743, Senate Print 4523, by Senator Gounardes, an 

24    act to amend the Retirement and Social Security 

25    Law.


                                                               5261

 1                 ACTING PRESIDENT MAYER:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 3.  This 

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

 5    shall have become a law.

 6                 ACTING PRESIDENT MAYER:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT MAYER:   Announce 

10    the results.

11                 THE SECRETARY:   Ayes, 63.

12                 ACTING PRESIDENT MAYER:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    1744, Assembly Print 4637, substituted earlier by 

16    Assemblymember Englebright, an act to amend the 

17    Environmental Conservation Law.

18                 ACTING PRESIDENT MAYER:   Read the 

19    last section.

20                 THE SECRETARY:   Section 2.  This 

21    act shall take effect immediately.  

22                 ACTING PRESIDENT MAYER:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT MAYER:   Announce 


                                                               5262

 1    the results.

 2                 THE SECRETARY:   In relation to 

 3    Calendar Number 1744, voting in the negative:  

 4    Senator Lanza.  

 5                 Ayes, 62.  Nays, 1.

 6                 ACTING PRESIDENT MAYER:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    1745, Senate Print 5673, by Senator Ritchie, an 

10    act to amend the Tax Law.

11                 ACTING PRESIDENT MAYER:   Read the 

12    last section.

13                 THE SECRETARY:   Section 5.  This 

14    act shall take effect immediately.

15                 ACTING PRESIDENT MAYER:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT MAYER:   Announce 

19    the results.

20                 THE SECRETARY:   In relation to 

21    Calendar 1745, those Senators voting in the 

22    negative are Senators Gaughran, Harckham, 

23    Hinchey, Kaplan, Kennedy, Lanza, Mannion, 

24    Skoufis, Stec and Thomas.

25                  Ayes, 53.  Nays, 10.


                                                               5263

 1                 ACTING PRESIDENT MAYER:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    1746, Assembly Print 118B, substituted earlier by 

 5    Assemblymember Paulin, an act to amend the 

 6    Executive Law.

 7                 ACTING PRESIDENT MAYER:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 2.  This 

10    act shall take effect immediately.

11                 ACTING PRESIDENT MAYER:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT MAYER:   Announce 

15    the results.

16                 THE SECRETARY:   Ayes, 63.

17                 ACTING PRESIDENT MAYER:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    1747, Assembly Print 2633, substituted earlier by 

21    Assemblymember Thiele, an act to amend the 

22    Town Law and the Tax Law.

23                 ACTING PRESIDENT MAYER:   Read the 

24    last section.

25                 THE SECRETARY:   Section 2.  This 


                                                               5264

 1    act shall take effect immediately.  

 2                 ACTING PRESIDENT MAYER:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT MAYER:   Senator 

 6    Palumbo to explain his vote.

 7                 SENATOR PALUMBO:   Thank you, 

 8    Madam President, for allowing me to rise and 

 9    explain my vote.  

10                 This is an important piece of 

11    legislation for my district because it has some 

12    very unique aspects.  I'd also like to thank the 

13    leadership on both sides, the Majority leadership 

14    and Leader Ortt, our chief counsel, Kristen 

15    Frank, and her team for getting this to the 

16    floor.  And we're going to offer it up to the 

17    Governor; it's already passed the Assembly.  

18                 In my district I represent the 

19    Hamptons.  And I also represent where I live on 

20    the North Fork, and Shelter Island.  Those five 

21    eastern towns have had for many, many years a 

22    fund that over a certain amount, 2 percent is 

23    paid by a purchaser to purchase development 

24    rights for land, to maintain open space, to 

25    maintain our agricultural community.  


                                                               5265

 1                 As you may know, Madam President, I 

 2    believe we're third in the state, but 

 3    Suffolk County was number one in ag production in 

 4    the state for many, many years.  And not many 

 5    people realize how rural it is on the East End, 

 6    which is out where I live as well.

 7                 That fund provided for -- the 

 8    Community Preservation Fund has spent over a 

 9    billion dollars, with a B, preserving open space 

10    on the East End, which is a wonderful thing.  The 

11    tradeoff, though, is housing is at crisis level.  

12                 This has been an issue for many, 

13    many years.  There was a study done by one of our 

14    local papers, 20-to-34-year-olds, 89.6 percent of 

15    them thought that it was unaffordable and were 

16    planning on leaving Long Island in general, but 

17    most importantly, Suffolk County.  And there was 

18    also a Comptroller's report from June of 2019 

19    that rental housing in Suffolk County, 

20    56.1 percent was in the unaffordable category.  

21    Owner housing, 39.1 percent unaffordable.

22                 So the bottom line is this.  What 

23    this bill does is it actually raises the 

24    exemptions for the Community Preservation Fund -- 

25    because, thank goodness, we're actually running 


                                                               5266

 1    out of land to purchase -- increases those 

 2    exemptions so it's actually a tax cut, but in a 

 3    tradeoff it does add a 0.5 percent tax for the 

 4    purposes of a new fund to create affordable 

 5    housing opportunities to our children.  

 6                 This will have so many positive 

 7    impacts, not just to keep our next generation and 

 8    many generations to come on the East End of 

 9    Long Island.  It will reduce traffic.  For any of 

10    you who have gone to the Hamptons between May and 

11    October, we have two -- one lane.  A two-lane 

12    highway, one highway in and out.  North Fork, 

13    same thing, essentially two.  

14                 But the traffic is terrible because 

15    no one can afford to live there.  The trade 

16    parade, as we call it out there, has to go 

17    maintain the homes, has to go give us services 

18    that we want.

19                 So this becomes an extremely 

20    important piece of legislation.  And all of the 

21    towns have been asking for it.

22                 My last point, I would quite boldly 

23    suggest this is how we should legislate in 

24    New York State.  Because the towns came to 

25    Senator LaValle at the time, and now me, that 


                                                               5267

 1    they want this.  But we made sure this is an 

 2    authorization.  This isn't an automatic tax.  

 3                 The towns now need to locally adopt 

 4    this tax, potential housing fund, and then it has 

 5    to go to referendum.  So the voters who would be 

 6    subject to this are going to have to make the 

 7    decision themselves.  That's good legislation.

 8                 So, Madam President, I appreciate 

 9    the opportunity to speak on this.  I'm proud to 

10    be the sponsor of it at this point.  And I vote 

11    aye.  

12                 Thank you, ma'am.

13                 ACTING PRESIDENT MAYER:   Senator 

14    Palumbo to be recorded in the affirmative.

15                 Announce the results.

16                 THE SECRETARY:   In relation to 

17    Calendar 1747, those Senators voting in the 

18    negative are Senators Akshar, Brooks, Helming, 

19    Jordan, Kaplan, Kennedy, Lanza, Mattera, O'Mara, 

20    Rath, Reichlin-Melnick, Serino, Skoufis and 

21    Tedisco.

22                 Ayes, 49.  Nays, 14.

23                 ACTING PRESIDENT MAYER:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               5268

 1    1748, Assembly Bill 8009, substituted earlier by 

 2    Assemblymember Rosenthal, an act to amend the 

 3    Social Services Law.

 4                 ACTING PRESIDENT MAYER:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 2.  This 

 7    act shall take effect immediately.  

 8                 ACTING PRESIDENT MAYER:   Call the 

 9    roll.

10                 (The Secretary called the roll.) 

11                 ACTING PRESIDENT MAYER:   Announce 

12    the results.

13                 THE SECRETARY:   In relation to 

14    Calendar 1748, those Senators voting in the 

15    negative are Senators Akshar, Borrello, Boyle, 

16    Gallivan, Griffo, Helming, Jordan, Martucci, 

17    Mattera, Oberacker, O'Mara, Ortt, Palumbo, Rath, 

18    Serino, Stec, Tedisco and Weik.

19                 Ayes, 45.  Nays, 18.

20                 ACTING PRESIDENT MAYER:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    1749, Senate Print 6603, by Senator Skoufis, an 

24    act to amend the Social Services Law.

25                 ACTING PRESIDENT MAYER:   Read the 


                                                               5269

 1    last section.

 2                 THE SECRETARY:   Section 3.  This 

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

 4    shall have become a law.

 5                 ACTING PRESIDENT MAYER:   Call the 

 6    roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT MAYER:   Senator 

 9    Martucci to explain his vote.

10                 SENATOR MARTUCCI:   Thank you, 

11    Madam President.

12                 I'm thrilled to cosponsor this piece 

13    of legislation that rights a wrong from our State 

14    Budget this year, where the implementation for 

15    fair fee for service to our local pharmacies was 

16    left out.  This bill reverses that decision and 

17    levels the playing field for our small 

18    pharmacies.  

19                 About a month ago I teamed up with 

20    Senator Skoufis, the sponsor of this bill, and we 

21    held a press conference right in my district in 

22    Slate Hill, where we were working to push this 

23    issue and demonstrate that there is bipartisan 

24    support for Main Street businesses.  

25                 Make no mistake about it, this bill 


                                                               5270

 1    is about standing with Main Street over 

 2    Wall Street and siding with our independent 

 3    pharmacies over large corporate pharmacies and 

 4    pharmacy benefit managers.  

 5                 The owner of that business where we 

 6    held our press conference, Al Squitieri, is not 

 7    only a great pharmacist and important part of our 

 8    community, but Al is the kind of person who we 

 9    all want taking care of our families.  He once 

10    opened his business on Christmas Day to make sure 

11    that someone had their prescription filled.  

12                 That's the kind of caring and 

13    service that's only available at our independent 

14    pharmacies.  By passing this bill today, we're 

15    actually saving his business and small businesses 

16    like that across the state.

17                 All this bill does is ensure that 

18    local pharmacies get reimbursed for their actual 

19    costs.  Right now, they're getting pennies on the 

20    dollar in Medicaid managed care and losing money 

21    on the deal in many cases.  That's not only 

22    unfair, but it's an attack on our small local 

23    pharmacies who have stepped up in a huge way 

24    during the pandemic.  

25                 With this vote today, we're choosing 


                                                               5271

 1    to side with the little guy over large chains and 

 2    corporations.  

 3                 I want to thank Senator Skoufis for 

 4    his partnership on this important issue, and I 

 5    proudly vote aye.

 6                 ACTING PRESIDENT MAYER:   Senator 

 7    Martucci to be recorded in the affirmative.

 8                 Announce the results.

 9                 THE SECRETARY:   Ayes, 63.

10                 ACTING PRESIDENT MAYER:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    1750, Senate Print 6706B, by Senator Brisport, an 

14    act to amend the Social Services Law.

15                 ACTING PRESIDENT MAYER:   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 MAYER:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT MAYER:   Announce 

24    the results.

25                 THE SECRETARY:   In relation to 


                                                               5272

 1    Calendar 1750, those Senators voting in the 

 2    negative are Senators Gallivan, Jordan, Lanza, 

 3    Oberacker, O'Mara, Ortt, Palumbo, Rath, Ritchie 

 4    and Stec.

 5                 Ayes, 53.  Nays, 10.

 6                 ACTING PRESIDENT MAYER:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    1751, Senate Print 6796, by Senator Brooks, an 

10    act to amend the Retirement and Social Security 

11    Law.

12                 ACTING PRESIDENT MAYER:   There is a 

13    home-rule message at the desk.

14                 Read the last section.

15                 THE SECRETARY:   Section 5.  This 

16    act shall take effect immediately.  

17                 ACTING PRESIDENT MAYER:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT MAYER:   Announce 

21    the results.

22                 THE SECRETARY:   Ayes, 63.

23                 ACTING PRESIDENT MAYER:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               5273

 1    1752, Senate Print 6925, by Senator May, an act 

 2    to repeal Section 5 of Chapter 254 of the Laws of 

 3    2013.

 4                 ACTING PRESIDENT MAYER:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 5.  This 

 7    act shall take effect immediately.  

 8                 ACTING PRESIDENT MAYER:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT MAYER:   Announce 

12    the results.

13                 THE SECRETARY:   Ayes, 63.

14                 ACTING PRESIDENT MAYER:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    1753, Senate Print 6927, by Senator Serino, an 

18    act to amend the Alcoholic Beverage Control Law.

19                 ACTING PRESIDENT MAYER:   Read the 

20    last section.

21                 THE SECRETARY:   Section 2.  This 

22    act shall take effect immediately.  

23                 ACTING PRESIDENT MAYER:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               5274

 1                 ACTING PRESIDENT MAYER:   Announce 

 2    the results.

 3                 THE SECRETARY:   Ayes, 63.

 4                 ACTING PRESIDENT MAYER:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    1754, Senate Print 6990, by Senator Brouk, an act 

 8    to amend subpart A of Part BB of Chapter 56 of 

 9    the Laws of 2021.

10                 ACTING PRESIDENT MAYER:   Read the 

11    last section.

12                 THE SECRETARY:   Section 2.  This 

13    act shall take effect immediately.

14                 ACTING PRESIDENT MAYER:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT MAYER:   Announce 

18    the results.  

19                 THE SECRETARY:   In relation to 

20    Calendar 1754, those Senators voting in the 

21    negative are Senators Akshar, Borrello, Boyle, 

22    Helming, Jordan, Lanza, Martucci, Mattera, 

23    Oberacker, O'Mara, Ortt, Palumbo, Rath, Ritchie, 

24    Serino, Stec, Tedisco and Weik.

25                 Ayes, 45.  Nays, 18.


                                                               5275

 1                 ACTING PRESIDENT MAYER:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    1755, Senate Print 7087A, by Senator Parker, an 

 5    act to amend the Insurance Law.

 6                 ACTING PRESIDENT MAYER:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 5.  This 

 9    act shall take effect immediately.

10                 ACTING PRESIDENT MAYER:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT MAYER:   Announce 

14    the results.

15                 THE SECRETARY:   Ayes, 63.

16                 ACTING PRESIDENT MAYER:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    1756, Senate Print 7117, by Senator Helming, an 

20    act to amend the Tax Law.

21                 ACTING PRESIDENT MAYER:   There is 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.


                                                               5276

 1                 ACTING PRESIDENT MAYER:   Call the 

 2    roll.

 3                 (The Secretary called the roll.)

 4                 ACTING PRESIDENT MAYER:   Announce 

 5    the results.

 6                 THE SECRETARY:   Ayes, 63.

 7                 ACTING PRESIDENT MAYER:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    1757, Assembly Bill 7960A, substituted earlier by 

11    Assemblymember Burke, an act to amend the 

12    General Business Law.

13                 ACTING PRESIDENT MAYER:   Read the 

14    last section.

15                 THE SECRETARY:   Section 2.  This 

16    act shall take effect immediately.

17                 ACTING PRESIDENT MAYER:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT MAYER:   Announce 

21    the results.

22                 THE SECRETARY:   In relation to 

23    Calendar 1757, those Senators voting in the 

24    negative are Senators Brisport and Persaud.

25                 Ayes, 61.  Nays, 2. 


                                                               5277

 1                 ACTING PRESIDENT MAYER:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    1758, Senate Print 7209, by Senator Kennedy, an 

 5    act granting a retroactive retirement date of 

 6    August 5, 2010, from the New York State and Local 

 7    Police and Fire Retirement System for 

 8    Cariol Horne.

 9                 ACTING PRESIDENT MAYER:   There is a 

10    home-rule message at the desk.

11                 Read the last section.

12                 THE SECRETARY:   Section 2.  This 

13    act shall take effect immediately.

14                 ACTING PRESIDENT MAYER:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT MAYER:   Announce 

18    the results.

19                 THE SECRETARY:   Ayes, 63.

20                 ACTING PRESIDENT MAYER:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    1759, Assembly Print 2435, substituted earlier by 

24    Assemblymember Niou, an act to amend the 

25    Environmental Conservation Law.


                                                               5278

 1                 ACTING PRESIDENT MAYER:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 2.  This 

 4    act shall take effect March 1, 2022.

 5                 ACTING PRESIDENT MAYER:   Call the 

 6    roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT MAYER:   Announce 

 9    the results.

10                 THE SECRETARY:   Ayes, 63.

11                 ACTING PRESIDENT MAYER:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 

14    1760, Assembly Print 5837B, substituted earlier 

15    by Assemblymember Jean-Pierre, an act to amend 

16    the General Business Law.

17                 ACTING PRESIDENT MAYER:   Read the 

18    last section.

19                 THE SECRETARY:   Section 2.  This 

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

21    shall have become a law.

22                 ACTING PRESIDENT MAYER:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT MAYER:   Senator 


                                                               5279

 1    May to explain her vote.

 2                 SENATOR MAY:   Thank you, 

 3    Madam President.

 4                 In 2020 the popularity of ebooks 

 5    exploded as children and adults alike sought out 

 6    ways to keep reading during lockdown.  Public 

 7    libraries loaned out 289 million ebooks last 

 8    year.  

 9                 That number might have been much 

10    higher, but publishers do their utmost to make it 

11    difficult for libraries to loan out ebooks.  Some 

12    charge exorbitant prices and place strict limits 

13    on the number of times a title can be loaned out.  

14    Others ban libraries from getting ebooks 

15    altogether or refuse to allow them access to new 

16    releases.  

17                 This bill helps to ensure that 

18    public libraries receive a fair deal on ebook 

19    prices and are protected from discriminatory 

20    practices.  Some restrictions are reasonable, 

21    such as restricting the number of users who can 

22    use the same ebook at one time.

23                 This bill also does not apply to 

24    items like newspapers, periodicals or other 

25    electronic items.  It's about electronic books 


                                                               5280

 1    only.  Our goal is to support libraries in their 

 2    critical foundational role of making books 

 3    available for free to their patrons.  

 4                 As we move into summer, I hope that 

 5    this legislation will help New Yorkers of all 

 6    walks of life to relax with a good book from 

 7    their local library.

 8                 I vote aye.

 9                 ACTING PRESIDENT MAYER:   Senator 

10    May to be recorded in the affirmative.

11                 Announce the results.

12                 THE SECRETARY:   In relation to 

13    Calendar Number 1760, voting in the negative:  

14    Senator Borrello.

15                 Ayes, 62.  Nays, 1.

16                 ACTING PRESIDENT MAYER:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    1761, Assembly Print 795, substituted earlier by 

20    Assemblymember Wallace, an act to amend the 

21    General Municipal Law.

22                 ACTING PRESIDENT MAYER:   Read the 

23    last section.

24                 THE SECRETARY:   Section 2.  This 

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


                                                               5281

 1    shall have become a law.

 2                 ACTING PRESIDENT MAYER:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT MAYER:   Announce 

 6    the results.

 7                 THE SECRETARY:   In relation to 

 8    Calendar 1761, those Senators voting in the 

 9    negative are Senators Borrello, Gallivan, 

10    Helming, Jordan, Mayer, Oberacker, O'Mara, Ortt, 

11    Palumbo, Rath, Serino, Stec and Tedisco.

12                 Ayes, 50.  Nays, 13.

13                 ACTING PRESIDENT MAYER:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    1763, Assembly Print 6166A, substituted earlier 

17    by Assemblymember Rosenthal, an act to amend the 

18    Public Health Law.

19                 ACTING PRESIDENT MAYER:   Read the 

20    last section.

21                 THE SECRETARY:   Section 2.  This 

22    act shall take effect immediately.

23                 ACTING PRESIDENT MAYER:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               5282

 1                 ACTING PRESIDENT MAYER:   Announce 

 2    the results.

 3                 THE SECRETARY:   Ayes, 63.

 4                 ACTING PRESIDENT MAYER:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    1764, Assembly Print 7578A, substituted earlier 

 8    by Assemblymember Paulin, an act to amend the 

 9    Public Authorities Law.

10                 ACTING PRESIDENT MAYER:   Read the 

11    last section.

12                 THE SECRETARY:   Section 2.  This 

13    act shall take effect immediately.  

14                 ACTING PRESIDENT MAYER:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT MAYER:   Announce 

18    the results.

19                 THE SECRETARY:   Ayes, 63.

20                 ACTING PRESIDENT MAYER:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    1765, Senate Print 6722, by Senator Salazar, an 

24    act to amend the Social Services Law.

25                 ACTING PRESIDENT MAYER:   Read the 


                                                               5283

 1    last section.

 2                 THE SECRETARY:   Section 2.  This 

 3    act shall take effect immediately.

 4                 ACTING PRESIDENT MAYER:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT MAYER:   Announce 

 8    the results.

 9                 THE SECRETARY:   Ayes, 63.

10                 ACTING PRESIDENT MAYER:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    1766, Assembly Print 7708, substituted earlier by 

14    Assemblymember Thiele, an act authorizing the 

15    Town of East Hampton, County of Suffolk, upon the 

16    dissolution of the East Hampton Wastewater 

17    Disposal District.  

18                 ACTING PRESIDENT MAYER:   There is a 

19    home-rule message at the desk.

20                 Read the last section.

21                 THE SECRETARY:   Section 2.  This 

22    act shall take effect immediately.  

23                 ACTING PRESIDENT MAYER:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               5284

 1                 ACTING PRESIDENT MAYER:   Announce 

 2    the results.

 3                 THE SECRETARY:   Ayes, 63.

 4                 ACTING PRESIDENT MAYER:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    1767, Assembly Print 7755A, substituted earlier 

 8    by Assemblymember Pheffer Amato, an act to amend 

 9    the Education Law.

10                 ACTING PRESIDENT MAYER:   Read the 

11    last section.

12                 THE SECRETARY:   Section 2.  This 

13    act shall take effect immediately.  

14                 ACTING PRESIDENT MAYER:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT MAYER:   Announce 

18    the results.

19                 THE SECRETARY:   Ayes, 63.

20                 ACTING PRESIDENT MAYER:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    1768, Assembly Print 7769, substituted earlier by 

24    Assemblymember Weinstein, an act to amend the 

25    Civil Practice Law and Rules.


                                                               5285

 1                 ACTING PRESIDENT MAYER:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 8.  This 

 4    act shall take effect on the first of January.  

 5                 ACTING PRESIDENT MAYER:   Call the 

 6    roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT MAYER:   Announce 

 9    the results.

10                 THE SECRETARY:   In relation to 

11    Calendar 1768, those Senators voting in the 

12    negative are Senators Akshar, Borrello, Griffo, 

13    Helming, Jordan, Martucci, Mattera, Ortt, Rath, 

14    Ritchie, Serino, Stec and Tedisco.

15                 Ayes, 50.  Nays, 13.

16                 ACTING PRESIDENT MAYER:   The bill 

17    is passed.

18                 Senator Serrano, that completes the 

19    reading of the supplemental calendar.

20                 SENATOR SERRANO:   Thank you very 

21    much.

22                 If we could stand at ease until 

23    8 o'clock.

24                 ACTING PRESIDENT MAYER:   The Senate 

25    will stand at ease till 8 o'clock.


                                                               5286

 1                 (Whereupon, the Senate stood at ease 

 2    at 6:21 p.m.)

 3                 (Whereupon, the Senate reconvened at 

 4    8:47 p.m.)

 5                 ACTING PRESIDENT MAYER:   The Senate 

 6    will return to order.  

 7                 Senator Gianaris.

 8                 SENATOR GIANARIS:   Madam President, 

 9    if we can return for a moment to motions, on 

10    behalf of Senator Breslin, I wish to call up 

11    Calendar 1002, Assembly Print 4424.

12                 ACTING PRESIDENT MAYER:   The 

13    Secretary will read.

14                 THE SECRETARY:   Calendar 1002, 

15    Assembly Print 4424, by Assemblymember Hunter, an 

16    act to amend the Real Property Law.

17                 SENATOR GIANARIS:   I move to 

18    reconsider the vote by which the Assembly bill 

19    was substituted for this bill, Senate Print 4696, 

20    on May 26th.

21                 ACTING PRESIDENT MAYER:   The 

22    Secretary will call the roll on reconsideration.

23                 (The Secretary called the roll.)

24                 THE SECRETARY:   Ayes, 63.

25                 SENATOR GIANARIS:   I now move that 


                                                               5287

 1    Assembly Bill 4424 be committed to the Committee 

 2    on Rules and that the Senate bill be restored to 

 3    the order of the Third Reading Calendar.

 4                 ACTING PRESIDENT MAYER:   So 

 5    ordered.

 6                 Senator Gianaris.

 7                 SENATOR GIANARIS:   At this time 

 8    we'll have an immediate meeting of the Committee 

 9    on Rules in Room 332.

10                 ACTING PRESIDENT MAYER:   There will 

11    be an immediate meeting of the Rules Committee in 

12    Room 332.

13                 SENATOR GIANARIS:   The Senate 

14    stands at ease.

15                 ACTING PRESIDENT MAYER:   The Senate 

16    will stand at ease.

17                 (Whereupon, the Senate stood at ease 

18    at 8:48 p.m.)

19                 (Whereupon, the Senate reconvened at 

20    9:06 p.m.)

21                 ACTING PRESIDENT MAYER:   The Senate 

22    will return to order.

23                 Senator Gianaris.

24                 SENATOR GIANARIS:   Madam President, 

25    I believe there's a report of the Rules Committee 


                                                               5288

 1    at the desk.  

 2                 Can we take that up, please.

 3                 ACTING PRESIDENT MAYER:   The 

 4    Secretary will read.

 5                 THE SECRETARY:   Senator  

 6    Stewart-Cousins, from the Committee on Rules, 

 7    reports the following bills:  

 8                 Senate Print 6547, by 

 9    Senator Gallivan, an act to amend the 

10    Highway Law; 

11                 Senate Print 6639A, by 

12    Senator Salazar, an act to amend the 

13    Executive Law.

14                 All bills reported direct to third 

15    reading.

16                 SENATOR GIANARIS:   Move to accept 

17    the report of the Rules Committee.

18                 ACTING PRESIDENT MAYER:   All those 

19    in favor of accepting the report of the 

20    Rules Committee signify by saying aye.

21                 (Response of "Aye.")

22                 ACTING PRESIDENT MAYER:   Opposed, 

23    nay.

24                 (No response.)

25                 ACTING PRESIDENT MAYER:   The 


                                                               5289

 1    Rules Committee report is accepted.

 2                 Senator Gianaris.

 3                 SENATOR GIANARIS:   Let's take up 

 4    the supplemental calendar.

 5                 THE SECRETARY:   The Secretary will 

 6    read.

 7                 THE SECRETARY:   Calendar Number 

 8    1792, Senate Print 6547, by Senator Gallivan, an 

 9    act to amend the Highway Law.

10                 ACTING PRESIDENT MAYER:   Read the 

11    last section.

12                 THE SECRETARY:   Section 3.  This 

13    act shall take effect immediately.  

14                 ACTING PRESIDENT MAYER:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT MAYER:   Announce 

18    the results.

19                 THE SECRETARY:   In relation to 

20    Calendar 1792, voting in the negative:  

21    Senator Brisport.

22                 Ayes, 62.  Nays, 1.

23                 ACTING PRESIDENT MAYER:   The bill 

24    is passed.

25                 There is a substitution at the desk. 


                                                               5290

 1                 The Secretary will read.

 2                 THE SECRETARY:   Senator Salazar 

 3    moves to discharge, from the Committee on Rules, 

 4    Assembly Bill Number 6896A and substitute it for 

 5    the identical Senate Bill 6639A, Third Reading 

 6    Calendar 1793.

 7                 ACTING PRESIDENT MAYER:   The 

 8    substitution is so ordered.

 9                 The Secretary will read.

10                 THE SECRETARY:   Calendar Number 

11    1793, Assembly Print 6896A, by 

12    Assemblymember Niou, an act to amend the 

13    Executive Law.

14                 ACTING PRESIDENT MAYER:   Read the 

15    last section.

16                 THE SECRETARY:   Section 3.  This 

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

18    shall have become a law.

19                 ACTING PRESIDENT MAYER:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT MAYER:   Announce 

23    the results.

24                 THE SECRETARY:   In relation to 

25    Calendar 1793, those Senators voting in the 


                                                               5291

 1    negative are Senators Akshar, Griffo, Jordan, 

 2    Lanza, Oberacker, O'Mara, Ortt, Rath, Stec and 

 3    Tedisco.

 4                 Ayes, 53.  Nays, 10.

 5                 ACTING PRESIDENT MAYER:   The bill 

 6    is passed.

 7                 Senator Gianaris.

 8                 SENATOR GIANARIS:   Madam President, 

 9    I believe we have five privileged resolutions at 

10    the desk.  

11                 Can we please take those up.

12                 ACTING PRESIDENT MAYER:   The 

13    Secretary will read.

14                 THE SECRETARY:   Senate Resolution 

15    1244, by Senator Stewart-Cousins, establishing a 

16    plan setting forth an itemized list of grantees 

17    for certain appropriations for the 2021-2022 

18    state fiscal year for additional grants-in-aid to 

19    certain school districts, public libraries, and 

20    not-for-profit institutions.

21                 ACTING PRESIDENT MAYER:   The 

22    question is on the resolution.  

23                 Call the roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT MAYER:   Announce 


                                                               5292

 1    the results.

 2                 THE SECRETARY:   Ayes, 63.

 3                 ACTING PRESIDENT MAYER:   The 

 4    resolution is adopted.

 5                 THE SECRETARY:   Senate Resolution 

 6    1245, by Senator Stewart-Cousins, establishing a 

 7    plan setting forth an itemized list of grantees 

 8    for certain appropriations for the 2021-2022 

 9    state fiscal year for additional grants-in-aid to 

10    certain school districts.

11                 ACTING PRESIDENT MAYER:   The 

12    question is on the resolution. 

13                 Call the roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT MAYER:   Announce 

16    the results.

17                 THE SECRETARY:   In relation to 

18    Senate Resolution 1245, those Senators voting in 

19    the negative are Senators Akshar, Borrello, 

20    Boyle, Gallivan, Griffo, Helming, Martucci, 

21    Mattera, Oberacker, O'Mara, Ortt, Palumbo, Rath, 

22    Ritchie, Serino, Stec, Tedisco and Weik.

23                 Ayes, 45.  Nays, 18.

24                 ACTING PRESIDENT MAYER:   The 

25    resolution is adopted.


                                                               5293

 1                 THE SECRETARY:   Senate Resolution 

 2    1246, by Senator Stewart-Cousins, establishing a 

 3    plan setting forth an itemized list of grantees 

 4    for certain appropriations for the 2021-2022 

 5    state fiscal year for additional grants-in-aid to 

 6    certain not-for-profit arts and cultural 

 7    organizations.

 8                 ACTING PRESIDENT MAYER:   The 

 9    question is on the resolution.  

10                 Call the roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT MAYER:   Announce 

13    the results.

14                 THE SECRETARY:   In relation to 

15    Senate Resolution 1246, those Senators voting in 

16    the negative are Senators Akshar, Borrello, 

17    Boyle, Gallivan, Griffo, Martucci, Mattera, 

18    Oberacker, O'Mara, Ortt, Palumbo, Rath, Ritchie, 

19    Serino, Stec, Tedisco and Weik.

20                 Ayes, 46.  Nays, 17.

21                 ACTING PRESIDENT MAYER:   The 

22    resolution is adopted.

23                 THE SECRETARY:   Senate Resolution 

24    1247, by Senator Stewart-Cousins, establishing a 

25    plan setting forth an itemized list of grantees 


                                                               5294

 1    for a certain appropriation for the 2021-2022 

 2    state fiscal year for grants-in-aid for 

 3    school-based health centers.

 4                 ACTING PRESIDENT MAYER:   The 

 5    question is on the resolution.

 6                 Call the roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT MAYER:   Announce 

 9    the results.

10                 THE SECRETARY:   In relation to 

11    Senate Resolution 1247, those Senators voting in 

12    the negative are Senators Akshar, Borrello, 

13    Boyle, Gallivan, Griffo, Martucci, Mattera, 

14    O'Mara, Ortt, Palumbo, Rath, Ritchie, Serino, 

15    Stec, Tedisco and Weik.

16                 Ayes, 47.  Nays, 16.

17                 ACTING PRESIDENT MAYER:   The 

18    resolution is adopted.

19                 THE SECRETARY:   Senate Resolution 

20    1248, by Senator Stewart-Cousins, amending 

21    Senate Resolution R3299 of 2020 establishing a 

22    plan setting forth an itemized list of grantees 

23    for the New York State Economic Development 

24    Assistance Program established pursuant to an 

25    appropriation in the 2008-2009 state fiscal year.


                                                               5295

 1                 ACTING PRESIDENT MAYER:   The 

 2    question is on the resolution.  

 3                 Call the roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT MAYER:   Announce 

 6    the results.

 7                 THE SECRETARY:   In relation to 

 8    Senate Resolution 1248, those Senators voting in 

 9    the negative are Senators Akshar, Boyle, Martucci 

10    and Serino.

11                 Ayes, 59.  Nays, 4.

12                 ACTING PRESIDENT MAYER:   The 

13    resolution is adopted.

14                 Senator Gianaris.

15                 SENATOR GIANARIS:   Madam President, 

16    I move to recommit the calendar of bills to the 

17    Rules Committee.

18                 ACTING PRESIDENT MAYER:   It is so 

19    ordered.

20                 SENATOR GIANARIS:   Please recognize 

21    Senator Ortt for remarks.

22                 ACTING PRESIDENT MAYER:   Senator 

23    Ortt for closing remarks.

24                 SENATOR ORTT:   Thank you, 

25    Madam President.


                                                               5296

 1                 So we've come to an end of session.  

 2    I know everyone is always thrilled when we reach 

 3    this moment.  On either side of the aisle 

 4    certainly there's usually some disappointment, 

 5    but I think everyone is always happy to get back 

 6    home and get back in your districts with your 

 7    families and your constituents.

 8                 I'd like to first start by thanking 

 9    my colleagues on both sides of the aisle for 

10    their work in these very historic and atypical 

11    times.  We disagree, very often vehemently and 

12    passionately, when it comes to politics and the 

13    policies that we discuss and enact here in the 

14    Senate.  But I think we all recognize we are 

15    fighting for the same people and we sometimes 

16    have different opinions on how to best serve and 

17    the best solutions at that present moment.

18                 I want to thank Leader 

19    Stewart-Cousins for her partnership, her 

20    statesmanship.  Always a very graceful partner, 

21    someone who has always treated me with respect 

22    and dignity, and I hope I do the same.  

23                 And she's been very pleasant to work 

24    with, and I appreciate her knowledge, her 

25    experience both being in the Minority and now as 


                                                               5297

 1    the Majority Leader.  I think that gives her a 

 2    unique perspective and has been helpful to me.  

 3                 And I want to thank her for that, 

 4    and I want to wish her and her family well and 

 5    hope you have a nice summer.

 6                 I certainly want to recognize 

 7    Senator Gianaris, who spends an inordinate amount 

 8    of time, obviously, on the Senate floor.  He's 

 9    always on my television screen in my office --

10                 SENATOR GIANARIS:   Sorry.

11                 SENATOR ORTT:   That's okay.  That's 

12    all right.  

13                 But -- and he sits across from 

14    Senator Lanza.  And I want to thank Senator Lanza 

15    for your leadership on the floor.  It's probably 

16    extra unique when you're on the floor and there's 

17    really not a lot of other folks with you on the 

18    floor.  And I'm sure it can feel very lonely up 

19    here, but very, very important work that both of 

20    them are doing.  

21                 And I know they've formed a working 

22    relationship which is really key to the goings-on 

23    here both internally for our conference, but also 

24    for the legislative body.  

25                 So Senator Gianaris, thank you.  


                                                               5298

 1    Senator Lanza, thank you.

 2                 I'd also like to thank the leaders 

 3    in our conference, obviously.  I know the leader 

 4    will recognize her leadership.  Senator Lanza, as 

 5    I said, has worked very hard over the past six 

 6    months.  This was not a position that he sought 

 7    out.  In fact, the first time I asked him to be 

 8    our floor leader, he said:  "I've got to think 

 9    about it."  I said, Well, you think it over, but 

10    you're going to be the floor leader, so just give 

11    me an answer, you know, before I notify the 

12    public.  

13                 But he's done a fantastic job 

14    leading our conference on the floor and speaking 

15    for our conference and speaking for his 

16    constituents in Staten Island.  And I want to 

17    thank him for that leadership, and I want to say 

18    that I'm very sorry about the Yankees so far this 

19    season, but --

20                 (Laughter.)

21                 SENATOR ORTT:   I'd like to 

22    recognize Senator O'Mara.  You know, 

23    Senator O'Mara is our new ranker on the Finance 

24    Committee, as well as serving on other 

25    committees.  And as we know, Senator Krueger -- 


                                                               5299

 1    the Finance ranker is the budgets, long, long 

 2    nights, long meetings.  We don't see either of 

 3    them in the month of March.  And it can be pretty 

 4    grueling.  And it takes a level of statesmanship, 

 5    leadership, intellect to be able to serve in 

 6    those positions, and I think Senator O'Mara 

 7    represents our conference and our conference's 

 8    positions with respect to the Finance Committee, 

 9    with respect to our response to the budget, very, 

10    very well, and I'd like to thank him.

11                 I'm proud of my members.  I want to 

12    thank, as well, the staff on both sides of the 

13    aisle.  As we know as Senators, the staff works 

14    very, very hard and they don't get any of the 

15    credit.  They don't get any of the accolades.  

16    You don't see them on your television, or very 

17    rarely.  But they do an unbelievable job very 

18    quietly.  And I know our new members come to 

19    appreciate just how much work and effort the 

20    staffs put in.  

21                 And not only are they trying to get 

22    stuff done, but they're also responding to us:  

23    Why didn't this bill get through, what's the 

24    matter, you know, why didn't you get back to my 

25    text after five minutes.  We can be tough bosses, 


                                                               5300

 1    I'm sure.  But that's because the stakes are high 

 2    and we're trying to get things done for the 

 3    people of New York.

 4                 But I'd certainly like to thank the 

 5    staff on the Democratic side, Shontell and her 

 6    team -- Eric -- who I know work regularly with 

 7    Kristin Frank and our counsel's office and Ben, 

 8    who has the great honor of sitting here next to 

 9    Senator Lanza all day.

10                 But I'd also like to remember one 

11    staffer.  You know, our conference, like so many 

12    New Yorkers, has had a lot of ups and downs this 

13    year.  We lost a member of our staff towards the 

14    end of last year.  And this was the first session 

15    in a very long time that we did not have 

16    Tom Havel as part of the Senate Republican 

17    Conference staff.  

18                 And I know his legacy lives on in 

19    the number of staffers who he mentored and worked 

20    with over the years.  And hopefully we have made 

21    Tom and his family proud and we will continue to 

22    do so.

23                 We also gained some new members:  

24    Madison Delgado, as well as Ford Halloran.  

25    Morgan Halloran and Katie Delgado both welcomed 


                                                               5301

 1    their first children this year, in the last 

 2    couple of months, which is outstanding.  And so 

 3    we're very happy to have -- actually, Katie was 

 4    back in the fold this week after just six weeks 

 5    of being home with her new baby girl.  So we're 

 6    very happy and want to recognize those births.

 7                 Of course I have to mention our 

 8    conference's views on this session.  A lot of 

 9    bills were passed.  But for the Republican 

10    Conference and for many of our constituents, I 

11    think this session will be viewed in two ways.  

12    So we passed a budget that had a record amount of 

13    tax increase.  We now have a budget that's larger 

14    than the states of Texas and Florida combined.  

15                 We also had a missed opportunity 

16    when you look at -- we started the session in the 

17    middle of the pandemic, the Governor enjoying 

18    broad emergency powers which were unanimously, by 

19    and large, supported in this chamber and in the 

20    Assembly.  But our conference, from Day One, 

21    introduced resolutions to rescind those powers 

22    and restore this body to a coequal branch of 

23    government.  Unfortunately, on 47 different 

24    occasions that resolution was defeated, was voted 

25    down.


                                                               5302

 1                 We continue to push and advance and 

 2    pass what I view and our conference views and 

 3    many New Yorkers view as very dangerous policies 

 4    that undermine the public safety of the State of 

 5    New York, the public safety of those who are 

 6    tasked with enforcing our laws and protecting our 

 7    communities.  Whether it's rhetoric, whether it's 

 8    talk of defunding or dismantling or reimagining 

 9    police, or whether it's the bail reforms, whether 

10    it's -- even up until this very late hour -- the 

11    attempt to pass the Clean Slate Act, which would 

12    hide the records of even violent offenders from 

13    landlords or potential employers.

14                 So -- but the biggest missed 

15    opportunity, again, being that the Governor, 

16    under multiple investigations, multiple scandals, 

17    a Governor who lied to the people of New York, 

18    who lied to the people of this body.  And yet he 

19    remains with the pandemic powers.  He remains -- 

20    those powers have been extended.  There is no 

21    sunset.  The sunset is whenever the state of the 

22    emergency ends, and there has been no attempt to 

23    end that state of emergency.

24                 I was hoping that we would do it 

25    here.  I was hopeful, I thought maybe it would 


                                                               5303

 1    come out on a supplemental calendar, but it 

 2    didn't happen.  And I believe that's -- I believe 

 3    that's a missed opportunity.  

 4                 I truly believe my colleagues on the 

 5    other side of the aisle, they want to be a 

 6    coequal branch of government.  They want to be 

 7    restored to the normal standing that we have in 

 8    this state.  And yet they didn't have the 

 9    courage, the guts, the willingness to do it.  

10                 And that's a missed opportunity for 

11    the people of New York, because now we're going 

12    to adjourn and there's no end in sight for the 

13    end of this Governor's pandemic powers, for the 

14    end of the state of emergency.

15                 I hope it comes sooner than later.  

16    Maybe the Governor will declare it himself and 

17    voluntarily give back the powers that he was 

18    granted by this body.  But I'm not going to hold 

19    my breath.

20                 We did pass a bill that funded a 

21    potential impeachment investigation, an 

22    impeachment trial.  Our conference wholeheartedly 

23    supported that.  And that means there will be no 

24    excuse when the time comes, when the 

25    Attorney General issues her reports or when the 


                                                               5304

 1    federal government comes back with a conclusion 

 2    on their investigation.

 3                 So obviously there is a lot that our 

 4    conference found lacking.  There is a lot that 

 5    our conference wished had happened.  There are 

 6    some things that certainly our conference wished 

 7    had not happened.  

 8                 But make no mistake, we will 

 9    continue to fight for the people of New York, for 

10    taxpayers, for middle-income, hardworking 

11    New Yorkers who play by the rules, who are trying 

12    to find a way, to find a reason to stay in 

13    New York.  

14                 Because the single greatest threat, 

15    whether you're a Democrat or a Republican, 

16    whether you're from New York City or 

17    Western New York or the North Country or anywhere 

18    in between, is the loss of human capital in this 

19    state.  That is the single greatest threat to 

20    this state no matter which side of the aisle you 

21    may be on.  And we continue to lose population, 

22    we continue to lose sway in Washington, D.C., 

23    with the loss of a Congressional seat.  And every 

24    member of this body and the State Assembly should 

25    be laser-focused on changing that trend.


                                                               5305

 1                 I don't believe this session did 

 2    that, but I am always hopeful for next session 

 3    and the future.

 4                 Madam President, I thank you for 

 5    your indulgence.

 6                 ACTING PRESIDENT MAYER:   Thank you, 

 7    Senator Ortt.

 8                 Senator Gianaris.

 9                 SENATOR GIANARIS:   Madam President, 

10    at this time please recognize the Majority Leader 

11    of the State Senate, Andrea Stewart-Cousins.

12                 ACTING PRESIDENT MAYER:   Majority 

13    Leader Andrea Stewart-Cousins.

14                 SENATOR STEWART-COUSINS:   Thank you 

15    so much, Madam President.  

16                 And I do want to thank you for the 

17    work that you do.  Presiding is not easy, and I 

18    know that it is not always fun, but you and 

19    Senator Benjamin, Senator Persaud, Senator Bailey 

20    have really been masterful in making sure that 

21    the work in this house happens.  So I thank all 

22    of you for your indulgence and for all that 

23    you've done.

24                 And of course I think Senator Ortt, 

25    you said it -- my deputy, Senator Gianaris, 


                                                               5306

 1    spends an inordinate amount of time here.  And we 

 2    couldn't make it without you doing that and the 

 3    way you do it.  And so I really do appreciate in 

 4    many ways the fact that you have been steadfast 

 5    and so amazingly reliable in making sure the 

 6    trains run.  

 7                 And even you have a brand-new 

 8    partner, Senator Lanza.  And, you know, I want to 

 9    thank you also for working so cooperatively.  

10    This is very, very unusual times.  And to be able 

11    to be, you know, make accommodations for each 

12    other is really how it all works well.

13                 And so, of course, thank you so 

14    much, Senator Ortt.  You know, I don't get a 

15    chance to see him much, and I try and call him 

16    up.  And, you know, we know we can always reach 

17    out to one another, but every time that we've 

18    been in touch with each other, I always know that 

19    I can tell you what you need to know and the 

20    information is communicated accurately.  And if 

21    there's any question, we always have, I think, a 

22    very collegial and professional relationship, 

23    which I appreciate.

24                 I also am looking forward to being 

25    able to meet your members.  


                                                               5307

 1                 (Laughter.)

 2                 SENATOR STEWART-COUSINS:   I see you 

 3    on TV and, you know, I guess vice versa.  Have no 

 4    clue, you know, who you all are, really, and what 

 5    you look like.  

 6                 So it is my hope that when we all 

 7    come back that we will spend that time in the 

 8    chamber together really getting to know each 

 9    other collectively.  

10                 But again, we have been able to do 

11    extraordinary work in an extraordinary time.  

12                 I also want to thank you, Ale, as 

13    the Secretary of this chamber, because you've had 

14    to make quick accommodations for each of us, 

15    policies and so on.

16                 So thank you so much, you and your 

17    team, all the Journal clerks and everybody who 

18    makes sure that despite it all, it runs, it makes 

19    sense and it looks good.

20                 And of course for my extraordinary 

21    members who give every single moment, never 

22    keeping their focus anywhere but where it's 

23    supposed to be, including our own Finance chair, 

24    Liz Krueger, who again we  -- nobody knows how 

25    Liz can sit through hours and hours and hours at 


                                                               5308

 1    a time.  

 2                 But, I mean, I think that is what we 

 3    are made of.  And as I say, both sides of the 

 4    aisle work extremely hard, and the staff.  I say 

 5    we always know that it's our staff that really 

 6    makes us look good.  And none of us would be able 

 7    to do this work -- and sometimes, you know, they 

 8    labor long into the night, especially at end of 

 9    session, budget time.  And so we really have 

10    countless praise for the staff and everything 

11    that they make happen.  

12                 And so I have to give a shout out to 

13    my chief of staff and chief counsel, Shontell 

14    Smith.  Everybody knows Shontell.  So, you know 

15    again, I don't get a chance as much to talk to 

16    Kristin, but I know that they, you know, spend a 

17    lot of time with Eric, making sure that, again, 

18    everybody knows what they're supposed to do.

19                 My new -- I call him new, but he's 

20    not new anymore -- Finance Secretary 

21    Dave Friedfel, and the incredible work that has 

22    been done by Dave and his team.  

23                 And of course my communications 

24    director, Mike Murphy, who again makes sure the 

25    message about what we're doing is out there so 


                                                               5309

 1    that people understand that we are working every 

 2    day on behalf of the people.

 3                 My director of intergovernmental 

 4    affairs, Loren Amor, who's been invaluable in the 

 5    work that we've done.  And also Tess, who's my 

 6    director of operations, and all my staff, in the 

 7    Capitol and 907, keeping the trains running.  I 

 8    really thank you all very, very much.

 9                 I really could not be more proud of 

10    the Democratic Majority Conference and all of 

11    your efforts for yet another historic year that 

12    delivered results for New Yorkers.  When I spoke 

13    after the budget in April, I talked about the 

14    State Budget that we passed represented a light 

15    at the end of the tunnel, a path forward after 

16    COVID-19 and this pandemic.  And again, I can't 

17    say enough and I am, you know, sorry for the loss 

18    on your staff, and certainly many of us in our 

19    lives suffered losses.  And so again our deepest, 

20    deepest condolences.

21                 And we said at that time that that 

22    budget, first and foremost, was there to respond 

23    to the crisis at hand.  And we took bold action 

24    to jump-start New York, to jump-start the 

25    economic recovery from COVID.  We secured 


                                                               5310

 1    billions of dollars in emergency relief, and 

 2    certainly with the help of our congressional 

 3    representatives.  We were able to help struggling 

 4    tenants and homeowners.  We were able to help 

 5    unemployed workers.  We were able to help small 

 6    businesses on the verge of closing.  

 7                 But we didn't stop there.  We looked 

 8    at the budget as an opportunity not just for 

 9    recovery, but for renewal.  We began the hard 

10    work of unraveling the structural inequities that 

11    made the pandemic even worse for some 

12    New Yorkers.  

13                 And in that understanding, we 

14    delivered record funding for schools, including 

15    upping the amount of available slots for 

16    universal pre-K, really starting to make it truly 

17    universal.  We did tax relief for working- and 

18    middle-class residents.  And we did historic 

19    investments in healthcare and in our environment.

20                 Since then, with each vaccination, 

21    with each restaurant reopening, with each playoff 

22    game in front of packed arenas -- and I'm talking 

23    about the Islanders.  Go, Islanders.  Sorry about 

24    the Yankees, I am too.

25                 (Laughter.)


                                                               5311

 1                 SENATOR STEWART-COUSINS:   But the 

 2    light at the end of the tunnel has grown brighter 

 3    and brighter.  This has allowed us to see more 

 4    clearly our accomplishments, but it's also 

 5    exposed the immense challenges that we still 

 6    face.

 7                 So while we achieved so much through 

 8    the budget process, we've also continued to pass 

 9    groundbreaking legislation at an unprecedented 

10    pace.  With voting rights under assault 

11    throughout our country, we passed new election 

12    reforms to make early and absentee voting more 

13    accessible to all New Yorkers.  We repealed the 

14    "walking while trans" ban.  And of course this is 

15    Pride Month, and I think Senator Hoylman recapped 

16    so much that we've done.  

17                 So we made sure to repeal that 

18    "walking while trans" ban, and we addressed 

19    disparities in healthcare in minorities.  We 

20    legalized recreational marijuana, to begin 

21    undoing the damage done in so many of our 

22    communities by this prohibition, and opened a new 

23    $4.2 billion industry for our state.

24                 We continue to improve our justice 

25    system.  We passed HALT, the law to end prolonged 


                                                               5312

 1    segregated confinement, and just today we passed 

 2    groundbreaking Less is More legislation to 

 3    improve outcomes for individuals reintegrating 

 4    back into society.

 5                 With gun violence on the rise, we 

 6    banned ghost guns, declared gun violence a public 

 7    health crisis, and gave victims of gun violence 

 8    recourse in the courts against companies that 

 9    irresponsibly distribute deadly weapons.

10                 We brought stakeholders of all sides 

11    together to produce landmark bills on hospital 

12    and nursing home staffing standards.  And 

13    speaking of nursing homes, after the devastation 

14    we saw in senior residences during the pandemic, 

15    the Senate took action to improve oversight, care 

16    and accountability in these facilities.

17                 That's what this Senate Majority 

18    does.  We identify problems, and then we work to 

19    do something about them.

20                 So in the spirit following news 

21    reports of widespread housing discrimination in 

22    suburban communities, we issued subpoenas, held 

23    hearings, passed laws to ensure that everyone has 

24    an opportunity to buy their dream home.  We also 

25    continue to make workplaces safer and more 


                                                               5313

 1    equitable for everyone, but particularly women, 

 2    by passing legislation to strengthen New York 

 3    State's sexual harassment laws.

 4                 And while the State Budget provided 

 5    record investments in protections for tenants and 

 6    homeowners, our work on making housing more 

 7    affordable and combating homelessness is far from 

 8    over.  During this final week of session, we 

 9    passed the Housing Our Neighbors with Dignity Act 

10    that will help create new affordable housing for 

11    vulnerable New Yorkers in cities across the 

12    state.

13                 And we're continuing to seek out the 

14    problems that face our state and figure out the 

15    best ways to approach them, holding hearings on 

16    issues ranging from health services to food 

17    insecurity to event ticket marketplaces.

18                 Since becoming Majority Leader, I've 

19    talked about our conference's guiding principle:  

20    If given the chance, we will always look to 

21    create opportunities rather than build barriers.  

22    The people of New York have agreed with this 

23    approach, putting 43 members of our conference in 

24    this chamber.  And so we've taken that mandate 

25    and continued to open up pathways, tear down 


                                                               5314

 1    obstacles for as many New Yorkers as we can.  

 2                 We've made progress in building a 

 3    more equitable and prosperous New York.  However, 

 4    we know that there's still a great deal of work 

 5    to be done, and the reality is that our work is 

 6    truly never done.

 7                 So now we have time to go back to 

 8    our districts, listening and working with those 

 9    we serve.  We'll be back in this chamber in 

10    January, hopefully all together, unmasked, ready 

11    to continue tackling the issues of our time.

12                 Again, I want to thank everyone on 

13    both sides for your hard work, for your 

14    dedication to our constituents.  I know that 

15    we're all here to do good, to build stronger 

16    communities, to improve people's lives.  Deep in 

17    my heart, I know that we can be proud of the 

18    actions taken here during these past and very 

19    difficult months, and that despite the 

20    difficulties of the last year and more, there are 

21    brighter days ahead for all of us and all of 

22    New York State.

23                 So again, I want to thank everyone.  

24    We did some of the traditions we normally do.  

25    There are ices out there, just to let you know 


                                                               5315

 1    that we aren't that far away from what we 

 2    normally do.  But I wish everyone a really happy, 

 3    wonderful, healthy summer.  And again, enjoy the 

 4    work that you've done, because we certainly have 

 5    more to do.

 6                 So thank you so much, 

 7    Madam President.  

 8                 (Standing ovation.)  

 9                 ACTING PRESIDENT MAYER:   Senator 

10    Gianaris.

11                 SENATOR GIANARIS:   Madam President, 

12    is there any further business at the desk?

13                 ACTING PRESIDENT MAYER:   There is 

14    no further business at the desk.

15                 SENATOR GIANARIS:   I move to 

16    adjourn to a date and time at the call of the 

17    Temporary President of the Senate, with 

18    intervening days being legislative days.

19                 ACTING PRESIDENT MAYER:   On motion, 

20    the Senate stands adjourned until a date and time 

21    at the call of the Temporary President of the 

22    Senate, intervening days being legislative days.

23                 (Whereupon, at 9:37 p.m., the Senate 

24    adjourned.)

25