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Tuesday, February 11, 2020

3:31 PMRegular SessionALBANY, NEW YORK
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                                                               677

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  February 11, 2020

11                      3:31 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR BRIAN A. BENJAMIN, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               678

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

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   Senate 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 BENJAMIN:   Today 

 9   we have with us Pastor Yvons Louis, from First 

10   Timothy Christian Church in Spring Valley, 

11   New York, to deliver today's invocation.  

12                PASTOR LOUIS:   Good afternoon, 

13   everybody.  

14                My name is Pastor Yvons Louis.  I 

15   would like to take this time to thank all the 

16   Senators for giving me the opportunity to open 

17   this afternoon's session prayer.  

18                Please bow your head.  

19                O Lord, we thank You for this time 

20   which You have given us to gather here at the 

21   Senate floor.  

22                Uplift us with Your name, with Your 

23   spirit, and guide us, which is You give the 

24   Senators heart and courage to be here today for 

25   this meeting.  


                                                               679

 1                We ask You for peace and let them do 

 2   whatever they have to do for the people who vote 

 3   them into office.  We do this prayer in the name 

 4   of the Father, the Son, and the Holy Spirit.  

 5                May God bless everybody.  

 6                ACTING PRESIDENT BENJAMIN:   Reading 

 7   of the Journal.

 8                THE SECRETARY:   In Senate, Monday, 

 9   February 10, 2020, the Senate met pursuant to 

10   adjournment.  The Journal of Sunday, February 9, 

11   2020, was read and approved.  On motion, Senate 

12   adjourned.

13                ACTING PRESIDENT BENJAMIN:   Without 

14   objection, the Journal stands approved as read.

15                Presentation of petitions.

16                Messages from the Assembly.

17                The Secretary will read.

18                THE SECRETARY:   Senator Lanza moves 

19   to discharge, from the Committee on Rules, 

20   Assembly Bill Number 8949 and substitute it for 

21   the identical Senate Bill 7314, Third Reading 

22   Calendar 206.

23                ACTING PRESIDENT BENJAMIN:   The 

24   substitution is so ordered.

25                THE SECRETARY:   Senator LaValle 


                                                               680

 1   moves to discharge, from the Committee on Rules, 

 2   Assembly Bill Number 8961 and substitute it for 

 3   the identical Senate Bill 7315, Third Reading 

 4   Calendar 207.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   substitution is so ordered.

 7                Messages from the Governor.

 8                Reports of standing committees.

 9                Reports of select committees.

10                Communications and reports from 

11   state officers.

12                Motions and resolutions.

13                Senator Gianaris.

14                SENATOR GIANARIS:   Mr. President, 

15   can you please recognize Senator Borrello for an 

16   introduction.

17                ACTING PRESIDENT BENJAMIN:   Senator 

18   Borrello for an introduction.

19                SENATOR BORRELLO:   Thank you, 

20   Mr. President.

21                I rise to honor a distinguished 

22   group of people here from a legendary university 

23   in my district, St. Bonaventure.  I'd like to 

24   extend a warm welcome to the delegation here from 

25   the university.  


                                                               681

 1                Founded in 1858, St. Bonaventure is 

 2   the nation's first Franciscan university.  It's a 

 3   nationally recognized institution of higher 

 4   learning that boasts nearly 50 majors and 

 5   20 graduate programs.  SBU has over 32,000 

 6   distinguished alumni worldwide, including six 

 7   Pulitzer Prize winners.  SBU ranks number two in 

 8   New York and number three in the North on U.S. 

 9   News & World Report's 2020 list of best value 

10   universities.  

11                I commend the people that are here 

12   today for their tremendous commitment that 

13   they've shown by traveling here to advocate on 

14   behalf of the valuable financial aid programs 

15   such HEOP and TAP.  

16                They shared some truly inspiring 

17   stories with me today which underscored how 

18   important these programs are, giving young people 

19   in the community the opportunity to attend 

20   college.  And they have personally touched me 

21   with their stories of those folk that are here 

22   today that otherwise would not be attending 

23   college were it not for the programs that are 

24   supported by this state government.  

25                St. Bonaventure's motto is "Becoming 


                                                               682

 1   Extraordinary."  And the students I met today are 

 2   well on their way to achieving that goal, 

 3                Thank you, Mr. President, and I 

 4   appreciate you extending the courtesies of this 

 5   house to them.

 6                ACTING PRESIDENT BENJAMIN:   To our 

 7   guests from St. Bonaventure, I welcome you here 

 8   on behalf of the Senate.  We extend --  

 9                Sorry.  Senator LaValle.

10                SENATOR LaVALLE:   Yes, I would like 

11   to follow Senator Borrello on our guests from 

12   St. Bonaventure.  

13                I had the great pleasure of 

14   attending St. Bonaventure for a year.  I probably 

15   would have attended for longer but, you know, 

16   being a Long Island boy, no one told me the 

17   number of feet of snow you would get.

18                (Laughter.)

19                SENATOR LaVALLE:   And so it's a 

20   wonderful institution with great traditions, and 

21   you're lucky to be going to that institution.  

22   And I'm sure you'll all make the school proud 

23   when you graduate.  

24                Thank you for coming.

25                ACTING PRESIDENT BENJAMIN:   To our 


                                                               683

 1   guests from St. Bonaventure, I welcome you on 

 2   behalf of the Senate.  We extend to you all of 

 3   the courtesies and privileges of this house.  

 4                Please be recognized at this time.

 5                (Standing ovation.)

 6                ACTING PRESIDENT BENJAMIN:   Senator 

 7   Gianaris.

 8                SENATOR GIANARIS:   At this time I 

 9   move to adopt the Resolution Calendar, with the 

10   exception of Resolution 2772.

11                ACTING PRESIDENT BENJAMIN:   All in 

12   favor of adopting the Resolution Calendar, with 

13   the exception of Resolution 2772, please signify 

14   by saying aye.  

15                (Response of "Aye.")

16                ACTING PRESIDENT BENJAMIN:    

17   Opposed, nay.

18                (No response.)

19                ACTING PRESIDENT BENJAMIN:   The 

20   Resolution Calendar is adopted.

21                Senator Gianaris.

22                SENATOR GIANARIS:   Can we now take 

23   up Resolution 2772, by Senator Sanders, read its 

24   title only, and recognize Senator Sanders.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               684

 1   Secretary will read.

 2                THE SECRETARY:   Senate Resolution 

 3   2772, by Senator Sanders, commemorating the 

 4   30th anniversary of the release of Nelson Mandela 

 5   from Victor Verster Prison on February 11, 1990.

 6                ACTING PRESIDENT BENJAMIN:    

 7   Senator Sanders on the resolution.

 8                SENATOR SANDERS:   Thank you, 

 9   Mr. President.

10                I know where I was 30 years ago.  

11   This was one of the moments where we all would 

12   look back.  You would know where you were at the 

13   terrible assassinations of different presidents, 

14   but here you had something amazing happen in the 

15   world.  You had the release, after 30 years or 

16   more in prison, of Nelson Mandela.  

17                I had been an advocate for the end 

18   of the crime against humanity of apartheid, and 

19   the freeing of Nelson Mandela, for many years, 

20   but to actually turn on your television set and 

21   to see him come out was an amazing thing.  The 

22   grace and dignity that he embodied as he walked 

23   down the streets -- I admit that I could not do 

24   this.  

25                But he didn't just stop there, he 


                                                               685

 1   carried on his life as president of the new South 

 2   Africa in the same fashion and set a standard of 

 3   leadership so high, a standard which we can 

 4   sorely use right around now.  He did some amazing 

 5   things.

 6                Now, I can see that the struggle of 

 7   the South African people is not over, that 

 8   they're not yet at the freedom that they sought.  

 9   But I also can see that the world has moved 

10   forward on this issue.  We have named many 

11   buildings after him, many awards after him.  And 

12   I think that it is something that we can all 

13   point to and say to our children, This is a 

14   manner of leadership that we should aspire to.

15                So I just wanted to stop and mark 

16   that occasion, and I'm very grateful that this 

17   great body took it upon itself to say, You know 

18   what, something happened and he's not simply the 

19   president or was the president of South Africa, 

20   he was part of the world, and we claim him too.

21                Thank you very much, Mr. President, 

22   and I thank my leader for allowing this to 

23   happen.

24                ACTING PRESIDENT BENJAMIN:   Senator 

25   Boyle on the resolution.


                                                               686

 1                SENATOR BOYLE:   Thank you, 

 2   Mr. President, on the resolution.  

 3                First I'd like to thank 

 4   Senator Sanders for bringing this resolution to 

 5   the floor.  

 6                Nelson Mandela spent 27 years in 

 7   prison based on his faith and ideology and 

 8   commitment.  And for those of you who are not old 

 9   enough to remember, he could have got out years 

10   before.  The African government at the time, the 

11   apartheid government, was very clear that he just 

12   had to denounce the struggle and he could get 

13   out.  And yet he stayed in prison for 27 years.

14                I know where I was 30 years ago 

15   today as well.  I didn't know it was 30 years 

16   ago, but -- I was living in northern Virginia -- 

17   I'm going to tell a story, I hope it's not too 

18   immodest -- watching CNN, watching Nelson Mandela 

19   and Winnie walk out of that prison.  I'd been a 

20   fan of Nelson Mandela for years, and a thought 

21   popped into my mind.  Wouldn't it be a great 

22   message to the people of South Africa, the people 

23   of America, and the people of the world if Nelson 

24   Mandela was invited to come and speak before the 

25   United States House of Representatives in a joint 


                                                               687

 1   session of Congress.

 2                It was a Sunday.  Monday morning I 

 3   walked into my boss's office, Congressman Frank 

 4   Horton, a Rochester Republican.  I said, "You 

 5   know, you saw Nelson Mandela was let out of 

 6   prison yesterday?  Why don't we try and get him 

 7   invited to speak in front of a joint session of 

 8   Congress?"  He said, "Phil, that's a great idea."  

 9                So right away I got on the computer, 

10   sent a "Dear Colleague" letter to all the members 

11   of the House of Representatives.  Hours later got 

12   a call from the majority leader of the United 

13   States Congress, Dick Gephardt, saying:  Great 

14   idea, we'd like to do a joint "Dear Colleague" 

15   letter with you, written to the speaker, inviting 

16   Nelson Mandela to come to speak.

17                We had hundreds of people calling to 

18   agree, Congresspeople signing on, United States 

19   Senators signing on.  And then Speaker Tom Foley 

20   said "That's a great idea."  

21                So they invited Nelson Mandela to 

22   come speak in front of a joint session of 

23   Congress.  He was only the second person in 

24   American history who was a foreign-born person, 

25   not the president or prime minister of their 


                                                               688

 1   country, to come and speak in front of a joint 

 2   session of Congress.  I'll let you Google who the 

 3   other guy was.  

 4                When he came, I had the honor of 

 5   meeting Mr. Mandela at a reception.  And because 

 6   it was my idea, they let me watch the speech from 

 7   the chamber.  It was a great honor.  And I knew I 

 8   only had a few seconds to talk to him, but I 

 9   welcomed him to Washington, told him how happy I 

10   was that he was let out of prison and his 

11   leadership in turning around South Africa, and I 

12   said I would hope that he would become president 

13   of South Africa.  He made a great politician; he 

14   said hello, but he didn't comment, he just smiled 

15   when I mentioned the president.  But in that 

16   message I kind of took he was saying to me, Phil, 

17   you and I both know I'm going to be president of 

18   South Africa -- which he did become four years 

19   later.  

20                My only regret is this was years 

21   before cellphones, otherwise I would have had a 

22   great selfie --

23                (Laughter.)

24                SENATOR BOYLE:   -- but I have great 

25   memories.  


                                                               689

 1                I vote in favor.  Thank you.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   question is on the resolution.  All in favor 

 4   signify by saying aye.

 5                (Response of "Aye.")

 6                ACTING PRESIDENT BENJAMIN:    

 7   Opposed?  

 8                (No response.)

 9                ACTING PRESIDENT BENJAMIN:   The 

10   resolution is adopted.

11                Senator Gianaris.

12                SENATOR GIANARIS:   At the request 

13   of Senator Sanders, that resolution is open for 

14   cosponsorship.

15                ACTING PRESIDENT BENJAMIN:   The 

16   resolution is open for cosponsorship.  Should you 

17   choose not to be a cosponsor of the resolution, 

18   please notify the desk.

19                Senator Gianaris.

20                SENATOR GIANARIS:   Now let's please 

21   take up the reading of the calendar.

22                ACTING PRESIDENT BENJAMIN:   The 

23   Secretary will read.

24                THE SECRETARY:   Calendar Number 53, 

25   Senate Print 1913, by Senator Gaughran, an act to 


                                                               690

 1   amend the Real Property Tax Law.

 2                ACTING PRESIDENT BENJAMIN:   Read 

 3   the last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT BENJAMIN:   Call 

 7   the roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT BENJAMIN:    

10   Announce the results.

11                THE SECRETARY:   In relation to 

12   Calendar Number 53, voting in the negative:  

13   Senator Little.  

14                Ayes, 61.  Nays, 1.

15                ACTING PRESIDENT BENJAMIN:   The 

16   bill is passed.

17                THE SECRETARY:   Calendar Number 55, 

18   Senate Print 3685B, by Senator Brooks, an act to 

19   amend the General Municipal Law and the Town Law.

20                SENATOR GIANARIS:   Lay it aside for 

21   the day.

22                ACTING PRESIDENT BENJAMIN:   The 

23   bill will be laid aside for the day.

24                THE SECRETARY:   Calendar Number 

25   206, Assembly Print Number 8949, substituted 


                                                               691

 1   earlier by Assemblymember Cusick, an act to amend 

 2   the Navigation Law.

 3                ACTING PRESIDENT BENJAMIN:   Read 

 4   the last section.

 5                THE SECRETARY:   Section 4.  This 

 6   act shall take effect on the same date and in the 

 7   same manner as a chapter of the Laws of 2019.

 8                ACTING PRESIDENT BENJAMIN:   Call 

 9   the roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT BENJAMIN:    

12   Announce the results.

13                THE SECRETARY:   Ayes, 62.

14                ACTING PRESIDENT BENJAMIN:   The 

15   bill is passed.

16                THE SECRETARY:   Calendar Number 

17   207, Assembly Print Number 8961, substituted 

18   earlier by Assemblymember Englebright, an act to 

19   amend the Environmental Conservation Law.

20                ACTING PRESIDENT BENJAMIN:   Read 

21   the last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect on the same date and in the 

24   same manner as a chapter of the Laws of 2019.

25                ACTING PRESIDENT BENJAMIN:   Call 


                                                               692

 1   the roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT BENJAMIN:    

 4   Announce the results.

 5                THE SECRETARY:   Ayes, 62.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   222, Senate Print 5443, by Senator Persaud, an 

10   act to amend the Executive Law.

11                ACTING PRESIDENT BENJAMIN:   Read 

12   the last section.

13                THE SECRETARY:   Section 3.  This 

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

15   shall have become a law.

16                ACTING PRESIDENT BENJAMIN:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT BENJAMIN:    

20   Announce the results.

21                THE SECRETARY:   Ayes, 62.

22                ACTING PRESIDENT BENJAMIN:   The 

23   bill is passed.

24                THE SECRETARY:   Calendar Number 

25   238, Senate Print 854, by Senator Montgomery, an 


                                                               693

 1   act to amend the Executive Law and the State 

 2   Finance Law.

 3                ACTING PRESIDENT BENJAMIN:   Read 

 4   the last section.

 5                SENATOR GIANARIS:   Lay it aside 

 6   temporarily.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   bill will be laid aside temporarily.

 9                THE SECRETARY:   Calendar Number 

10   257, Senate Print 5188, by Senator Mayer, an act 

11   to amend the Election Law.

12                ACTING PRESIDENT BENJAMIN:   Read 

13   the last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT BENJAMIN:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT BENJAMIN:    

20   Announce the results.

21                THE SECRETARY:   Ayes, 62.

22                ACTING PRESIDENT BENJAMIN:   The 

23   bill is passed.

24                THE SECRETARY:   Calendar Number 

25   272, Senate Print 781, by Senator Breslin, an act 


                                                               694

 1   to amend the General Municipal Law.

 2                ACTING PRESIDENT BENJAMIN:   Read 

 3   the last section.

 4                THE SECRETARY:   Section 6.  This 

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

 6   shall have become a law.

 7                ACTING PRESIDENT BENJAMIN:   Call 

 8   the roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT BENJAMIN:    

11   Announce the results.

12                THE SECRETARY:   Ayes, 62.

13                ACTING PRESIDENT BENJAMIN:   The 

14   bill is passed.

15                THE SECRETARY:   Calendar Number 

16   273, Senate Print 3443A, by Senator Harckham, an 

17   act to amend the Real Property Tax Law.

18                ACTING PRESIDENT BENJAMIN:   Read 

19   the last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect January 1, 2022.

22                ACTING PRESIDENT BENJAMIN:   Call 

23   the roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT BENJAMIN:    


                                                               695

 1   Announce the results.

 2                THE SECRETARY:   In relation to 

 3   Calendar 273, those Senators voting in the 

 4   negative are Senators Akshar, Amedore, Borrello, 

 5   Boyle, Funke, Gallivan, Griffo, Helming, Jacobs, 

 6   Jordan, Lanza, Ortt, Ranzenhofer, Ritchie, 

 7   Robach, Serino, Seward and Tedisco.

 8                Ayes, 44.  Nays, 18.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   bill is passed.

11                THE SECRETARY:   Calendar Number 

12   274, Senate Print 3679A, by Senator Harckham, an 

13   agent relating to establishing the Real Property 

14   Tax Exemption Task Force.

15                ACTING PRESIDENT BENJAMIN:   Read 

16   the last section.

17                THE SECRETARY:   Section 6.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT BENJAMIN:   Call 

20   the roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT BENJAMIN:   Senator 

23   Borrello to explain his vote.

24                SENATOR BORRELLO:   Thank you, 

25   Mr. President.


                                                               696

 1                Once again, as a representative of 

 2   local government for many years, this is just 

 3   another situation where we're taking away the 

 4   authority of our local governments to make 

 5   decisions that impact them directly.

 6                We've had Article X, we've had many 

 7   other opportunities where our state government 

 8   has tried to usurp the sovereignty, if you will, 

 9   of our local governments.  And this is another 

10   one of those situations.  We're creating an 

11   unelected task force that's going to make 

12   decisions that should be in the hands of local 

13   elected officials, and I am strongly no on this.  

14                Thank you.

15                ACTING PRESIDENT BENJAMIN:   Senator 

16   Borrello to be recorded in the negative.

17                Senator Harckham to explain his 

18   vote.

19                SENATOR HARCKHAM:   Thank you, 

20   Mr. Chair.  Just a quick point of clarification.  

21                This bill is a result of complaints 

22   from local government about too much property 

23   coming off the tax rolls for organizations, some 

24   of them quite large, massive research hospitals 

25   that are nonprofits who pay their CEOs millions 


                                                               697

 1   of dollars a year and pay no property tax to a 

 2   municipality.  So this legislation was a result 

 3   of requests by local officials.

 4                I vote aye.

 5                ACTING PRESIDENT BENJAMIN:   Senator 

 6   Harckham to be recorded in the affirmative.

 7                Senator Metzger to explain her vote.  

 8                SENATOR METZGER:   Thank you, 

 9   Mr. President.  

10                As someone who came from local 

11   government, spent 12 years in local government, I 

12   am very pleased that Senator Harckham has 

13   introduced this bill.  My constituents are being 

14   crushed under the weight of their property taxes, 

15   and it's our responsibility to make sure -- get 

16   to the bottom of it, find out what the facts are, 

17   and make sure the system is fair.

18                So I appreciate it, and I vote aye.

19                ACTING PRESIDENT BENJAMIN:    

20   Announce the results.

21                THE SECRETARY:   In relation to 

22   Calendar Number 274, those Senators voting in the 

23   negative are Senators Akshar, Borrello, Boyle, 

24   Flanagan, Funke, Griffo, Jacobs, Jordan, Lanza, 

25   LaValle, Little, O'Mara, Ortt, Ranzenhofer, 


                                                               698

 1   Ritchie, Robach, Serino, Seward and Tedisco.

 2                Ayes, 43.  Nays, 19.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   bill is passed.

 5                THE SECRETARY:   Calendar Number 

 6   275, Senate Print 3994, by Senator Gaughran, an 

 7   act to amend the Village Law.

 8                ACTING PRESIDENT BENJAMIN:   Read 

 9   the last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT BENJAMIN:   Call 

13   the roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT BENJAMIN:    

16   Announce the results.

17                THE SECRETARY:   In relation to 

18   Calendar Number 275, voting in the negative:  

19   Senator Ranzenhofer.  

20                Ayes, 61.  Nays, 1.

21                ACTING PRESIDENT BENJAMIN:   The 

22   bill is passed.

23                THE SECRETARY:   Calendar Number 

24   277, Senate Print 4907, by Senator Skoufis, an 

25   act to amend the General Municipal Law.


                                                               699

 1                ACTING PRESIDENT BENJAMIN:   Read 

 2   the last section.

 3                THE SECRETARY:   Section 2.  This 

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

 5   shall have become a law.

 6                ACTING PRESIDENT BENJAMIN:   Call 

 7   the roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT BENJAMIN:    

10   Announce the results.

11                THE SECRETARY:   In relation to 

12   Calendar 277, those Senators voting in the 

13   negative are Senators Akshar, Amedore, Borrello, 

14   Boyle, Flanagan, Funke, Gallivan, Griffo, 

15   Helming, Jordan, Little, O'Mara, Ortt, 

16   Ranzenhofer, Ritchie, Robach, Serino, Seward and 

17   Tedisco.

18                Ayes, 43.  Nays, 19.

19                ACTING PRESIDENT BENJAMIN:   The 

20   bill is passed.

21                THE SECRETARY:   Calendar Number 

22   320, Senate Print 5312A, by Senator Harckham, an 

23   act in relation to directing the State Board of 

24   Real Property Tax Services to conduct a study on 

25   real property tax saturation.


                                                               700

 1                ACTING PRESIDENT BENJAMIN:   Read 

 2   the last section.

 3                THE SECRETARY:   Section 4.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT BENJAMIN:   Call 

 6   the roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT BENJAMIN:    

 9   Announce the results.

10                THE SECRETARY:   In relation to 

11   Calendar Number 320, those Senators voting in the 

12   negative are Senators Akshar, Flanagan and 

13   Little.

14                Ayes, 59.  Nays, 3.

15                ACTING PRESIDENT BENJAMIN:   The 

16   bill is passed.  

17                THE SECRETARY:   Calendar Number 

18   328, Senate Print 6326, by Senator Parker, an act 

19   to amend the Public Service Law.

20                ACTING PRESIDENT BENJAMIN:   Read 

21   the last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT BENJAMIN:   Call 

25   the roll.


                                                               701

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT BENJAMIN:    

 3   Announce the results.

 4                THE SECRETARY:   Ayes, 62.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   bill is passed.

 7                THE SECRETARY:   Calendar Number 

 8   332, Senate Print 5122A, by Senator Gaughran, an 

 9   act to amend the Public Authorities Law.

10                ACTING PRESIDENT BENJAMIN:   Read 

11   the 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 BENJAMIN:   Call 

16   the roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT BENJAMIN:    

19   Announce the results.

20                THE SECRETARY:   In relation to 

21   Calendar 332, those Senators voting in the 

22   negative are Senators Funke and Ritchie.  Also 

23   Senator Kaplan.  Also Senators Ortt and O'Mara.  

24                Ayes, 57.  Nays, 5.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               702

 1   bill is passed.

 2                Senator Gianaris.

 3                SENATOR GIANARIS:   Can we now 

 4   remove the temporary lay-aside on Calendar 238, 

 5   please.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   Secretary will read.

 8                THE SECRETARY:   Calendar Number 

 9   238, Senate Print 854, by Senator Montgomery, an 

10   act to amend the Executive Law and the State 

11   Finance Law.

12                ACTING PRESIDENT BENJAMIN:   Read 

13   the last section.

14                THE SECRETARY:   Section 3.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT BENJAMIN:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT BENJAMIN:    

20   Senator Montgomery to explain her vote.

21                SENATOR MONTGOMERY:   Yes, thank 

22   you, Mr. President.

23                The purpose of this bill is to 

24   require that an annual report from the Division 

25   of the Budget be made to the State Legislature 


                                                               703

 1   that relates to the distribution of funds and 

 2   grants to community-based organizations, and that 

 3   report would be made based on grants made by zip 

 4   code.  I call it the Zip Code Bill.  

 5                It is a transparency bill, and the 

 6   purpose is to allow citizens as well as members 

 7   of the Legislature the ability to track the 

 8   allocations that we make of funds to 

 9   community-based organizations to determine the 

10   exact localities throughout our state that are 

11   receiving the funds, the types of services that 

12   are being provided, and what in fact are the 

13   outcomes of the funding being made.

14                So I'm happy that this bill has come 

15   to the floor.  Thank you, Mr. President.  And I 

16   appreciate that my colleagues will be voting yes 

17   on this.  We passed this bill last session, it 

18   passed both houses.  The Governor vetoed the 

19   bill.  We have addressed the issues that he 

20   raised.  And so I'm looking forward to this bill 

21   becoming law this time.

22                Thank you.  I vote aye.

23                ACTING PRESIDENT BENJAMIN:    

24   Senator Montgomery to be recorded in the 

25   affirmative.


                                                               704

 1                Announce the results.

 2                THE SECRETARY:   Ayes, 62.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   bill is passed.

 5                Senator Gianaris, that completes the 

 6   reading of today's calendar.

 7                SENATOR GIANARIS:   Mr. President, 

 8   at this time there will be an immediate meeting 

 9   of the Rules Committee in Room 124.

10                ACTING PRESIDENT BENJAMIN:   There 

11   will be an immediate meeting of the 

12   Rules Committee in Room 124.

13                SENATOR GIANARIS:   The Senate 

14   stands at ease.

15                ACTING PRESIDENT BENJAMIN:  The 

16   Senate stands at ease.

17                (Whereupon, the Senate stood at ease 

18   at 3:56 p.m.)

19                (Whereupon, the Senate reconvened at 

20   4:13 p.m.)

21                ACTING PRESIDENT BENJAMIN:   The 

22   Senate will return to order.

23                Senator Gianaris.

24                SENATOR GIANARIS:   Can we please 

25   return to reports of standing committees.  


                                                               705

 1                Is there a report of the Rules 

 2   Committee at the desk?  

 3                ACTING PRESIDENT BENJAMIN:   There 

 4   is a report of the Rules Committee at the desk.

 5                The Secretary will read.

 6                THE SECRETARY:   Senator  

 7   Stewart-Cousins, from the Committee on Rules, 

 8   reports the following bills:  

 9                Senate Print 1714, by Senator 

10   Brooks, an act to amend the Executive Law; 

11                Senate Print 1726A, by 

12   Senator Skoufis, an act to amend the Real 

13   Property Actions and Proceedings Law; 

14                Senate Print 2813A, by Senator 

15   Comrie, an act to amend the Executive Law; 

16                Senate Print 3320, by Senator 

17   Jackson, an act to amend the Real Property 

18   Actions and Proceedings Law; 

19                Senate Print 4938, by Senator 

20   Carlucci, an act to amend the Executive Law; 

21                Senate Print 7287A, by Senator 

22   Bailey, an act to amend the Executive Law; 

23                Senate Print 7288A, by Senator 

24   Kavanagh, an act to amend the Executive Law; 

25                Senate Print 7291A, by 


                                                               706

 1   Senator Persaud, an act to amend the 

 2   Executive Law; 

 3                Senate Print 7292A, by Senator May, 

 4   an act to amend the Executive Law; 

 5                Senate Print 7300A, by Senator 

 6   Skoufis, an act to amend the Executive Law; 

 7                And Senate Print 7301, by 

 8   Senator Skoufis, an act to amend the 

 9   Executive Law.  

10                All bills reported direct to third 

11   reading.

12                SENATOR GIANARIS:   Move to accept 

13   the report of the Rules Committee.

14                ACTING PRESIDENT BENJAMIN:   All 

15   those in favor of accepting the report of the 

16   Rules Committee signify by saying aye.

17                (Response of "Aye.")

18                ACTING PRESIDENT BENJAMIN:    

19   Opposed, nay.

20                (No response.)

21                ACTING PRESIDENT BENJAMIN:   The 

22   report of the Rules Committee is accepted.

23                Senator Gianaris.

24                SENATOR GIANARIS:   Is there any 

25   further business at the desk?


                                                               707

 1                ACTING PRESIDENT BENJAMIN:   There 

 2   is no further business at the desk.

 3                SENATOR GIANARIS:   I move to 

 4   adjourn until tomorrow, Wednesday, February 12th, 

 5   at 3:00 p.m.

 6                ACTING PRESIDENT BENJAMIN:   On 

 7   motion, the Senate stands adjourned until 

 8   Wednesday, February 12th, at 3:00 p.m.

 9                (Whereupon, at 4:15 p.m., the Senate 

10   adjourned.)

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