Tuesday, July 21, 2020

                                                               2067

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    July 21, 2020

11                      2:55 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  


                                                               2068

 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:   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 BENJAMIN:   The 

14   reading of the Journal.

15                THE SECRETARY:   In Senate, Monday, 

16   July 20, 2020, the Senate met pursuant to 

17   adjournment.  The Journal of Sunday, July 19, 

18   2020, was read and approved.  On motion, Senate 

19   adjourned.

20                ACTING PRESIDENT BENJAMIN:   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 Breslin 


                                                               2069

 1   moves to discharge, from the Committee on Rules, 

 2   Assembly Bill Number 4770A and substitute it for 

 3   the identical Senate Bill 4629A, Third Reading 

 4   Calendar 146.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   substitution is so ordered.

 7                THE SECRETARY:   Senator Comrie 

 8   moves to discharge, from the Committee on Rules, 

 9   Assembly Bill Number 6370 and substitute it for 

10   the identical Senate Bill 5357, Third Reading 

11   Calendar 214.

12                ACTING PRESIDENT BENJAMIN:   The 

13   substitution is so ordered.

14                THE SECRETARY:   Senator Sepúlveda 

15   moves to discharge, from the Committee on 

16   Judiciary, Assembly Bill Number 3190A and 

17   substitute it for the identical Senate Bill 

18   3942A, Third Reading Calendar 298.

19                ACTING PRESIDENT BENJAMIN:   The 

20   substitution is so ordered.

21                THE SECRETARY:   Senator Rivera 

22   moves to discharge, from the Committee on Health, 

23   Assembly Bill Number 9538 and substitute it for 

24   the identical Senate Bill Number 7241, Third 

25   Reading Calendar 311.


                                                               2070

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   substitution is so ordered.

 3                THE SECRETARY:   Senator Breslin 

 4   moves to discharge, from the Committee on Codes, 

 5   Assembly Bill Number 8078C and substitute it for 

 6   the identical Senate Bill 6401B, Third Reading 

 7   Calendar 370.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   substitution is so ordered.

10                THE SECRETARY:   Senator Benjamin 

11   moves to discharge, from the Committee on Rules, 

12   Assembly Bill Number 8149A and substitute it for 

13   the identical Senate Bill 6220, Third Reading 

14   Calendar 411.

15                ACTING PRESIDENT BENJAMIN:   The 

16   substitution is so ordered.

17                THE SECRETARY:   Senator Harckham 

18   moves to discharge, from the Committee on 

19   Finance, Assembly Bill Number 8349 and substitute 

20   it for the identical Senate Bill 5612A, Third 

21   Reading Calendar 472.

22                ACTING PRESIDENT BENJAMIN:   The 

23   substitution is so ordered.

24                THE SECRETARY:   Senator Hoylman 

25   moves to discharge, from the Committee on Rules, 


                                                               2071

 1   Assembly Bill Number 5630A and substitute it for 

 2   the identical Senate Bill 3923A, Third Reading 

 3   Calendar 589.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   substitution is so ordered.

 6                THE SECRETARY:   Senator Benjamin 

 7   moves to discharge, from the Committee on Health, 

 8   Assembly Bill Number 5370A and substitute it for 

 9   the identical Senate Bill 6705, Third Reading 

10   Calendar 605.

11                ACTING PRESIDENT BENJAMIN:   The 

12   substitution is so ordered.

13                THE SECRETARY:   Senator Montgomery 

14   moves to discharge, from the Committee on Rules, 

15   Assembly Bill Number 6710A and substitute it for 

16   the identical Senate Bill 724A, Third Reading 

17   Calendar 220.

18                ACTING PRESIDENT BENJAMIN:   The 

19   substitution is so ordered.

20                Messages from the Governor.

21                Reports of standing committees.

22                Reports of select committees.

23                Communications and reports from 

24   state officers.  

25                Motions and resolutions.


                                                               2072

 1                Senator Gianaris.

 2                SENATOR GIANARIS:   Mr. President, 

 3   at this time, on behalf of Senator  

 4   Stewart-Cousins, after consultation with the 

 5   Minority leadership, I hand up the following 

 6   committee and leadership changes for the 

 7   Minority.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   handups are received and filed.  

10                Senator Gianaris.

11                SENATOR GIANARIS:   There will now 

12   be an immediate meeting of the Rules Committee in 

13   Room 332.

14                ACTING PRESIDENT BENJAMIN:   There 

15   will be an immediate meeting of the 

16   Rules Committee in Room 332.

17                SENATOR GIANARIS:   The Senate will 

18   stand at ease.

19                ACTING PRESIDENT BENJAMIN:   The 

20   Senate will stand at ease.

21                (Whereupon, the Senate stood at ease 

22   at 2:58 p.m.)

23                (Whereupon, the Senate reconvened at 

24   3:29 p.m.)

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               2073

 1   Senate will return to order.

 2                Senator Gianaris.

 3                SENATOR GIANARIS:   Is there a 

 4   report of the Rules Committee at the desk?

 5                ACTING PRESIDENT BENJAMIN:   There 

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

 7                The Secretary will read.

 8                THE SECRETARY:   Senator  

 9   Stewart-Cousins, from the Committee on Rules, 

10   reports the following bills:  

11                Senate Print 52A, by Senator 

12   Hoylman, an act to amend the Civil Rights Law; 

13                Senate Print 123, by Senator Ortt, 

14   an act to amend the Vehicle and Traffic Law; 

15                Senate Print 425A, by 

16   Senator Hoylman, an act to amend the Civil Rights 

17   Law and the Judiciary Law; 

18                Senate Print 668, by Senator Boyle, 

19   an act authorizing the Church of God by Faith to 

20   file an application for retroactive real property 

21   tax exemption;

22                Senate Print 672, by Senator Boyle, 

23   an act in relation to authorizing Good Samaritan 

24   Hospital Medical Center to file an application 

25   for exemption from real property taxes; 


                                                               2074

 1                Senate Print 1761A, by 

 2   Senator Brooks, an act to amend the Vehicle and 

 3   Traffic Law;

 4                Senate Print 1942, by 

 5   Senator Little, an act to amend the Civil 

 6   Service Law; 

 7                Senate Print 2170A, by 

 8   Senator Bailey, an act authorizing and directing 

 9   the Commissioner of Education to conduct a study 

10   on the number of children who are caregivers; 

11                Senate Print 2187B, by 

12   Senator Bailey, an act to amend the Elder Law; 

13                Senate Print 2649C, by 

14   Senator Krueger, an act to amend the 

15   Executive Law; 

16                Senate Print 3392, by Senator May, 

17   an act to amend the Environmental Conservation 

18   Law; 

19                Senate Print 3457, by 

20   Senator Montgomery, an act to amend the 

21   Criminal Procedure Law; 

22                Senate Print 3688A, by 

23   Senator LaValle, an act to amend the 

24   Navigation Law and the Insurance Law; 

25                Senate Print 3836A, by 


                                                               2075

 1   Senator Krueger, an act to amend the Tax Law; 

 2                Senate Print 4255, by 

 3   Senator Carlucci, an act to amend the 

 4   Mental Hygiene Law; 

 5                Senate Print 4352B, by 

 6   Senator Skoufis, an act to amend the 

 7   Executive Law; 

 8                Senate Print 4454A, by 

 9   Senator Brooks, an act to amend the 

10   Insurance Law; 

11                Senate Print 4549, by 

12   Senator Parker, an act to amend the 

13   Education Law; 

14                Senate Print 4652, by 

15   Senator Sanders, an act to amend the Banking Law; 

16                Senate Print 4819, by 

17   Senator Parker, an act to amend the Real Property 

18   Actions and Proceedings Law; 

19                Senate Print 5047, by 

20   Senator Krueger, an act to amend the New York 

21   City Civil Court Act and the Real Property 

22   Actions and Proceedings Law; 

23                Senate Print 5090A, by 

24   Senator Parker, an act to amend the Workers' 

25   Compensation Law; 


                                                               2076

 1                Senate Print 5140B, by 

 2   Senator Kavanagh, an act to amend the 

 3   Education Law; 

 4                Senate Print 5210A, by 

 5   Senator Metzger, an act to authorize Susan 

 6   Gillinder, the widow of Robert C. Ritchie, to 

 7   file a new service retirement application; 

 8                Senate Print 5342A, by 

 9   Senator Comrie, an act to amend the 

10   Public Housing Law; 

11                Senate Print 5348B, by 

12   Senator Kennedy, an act to amend the Vehicle and 

13   Traffic Law; 

14                Senate Print 5366, by 

15   Senator Comrie, an act to amend the General 

16   Business Law; 

17                Senate Print 5414F, by 

18   Senator Gounardes, an act to amend the 

19   Retirement and Social Security Law; 

20                Senate Print 5537A, by 

21   Senator Brooks, an act in relation to authorizing 

22   the Town of Babylon to grant Long Island Teen 

23   Challenge of West Babylon a real property tax 

24   exemption; 

25                Senate Print 5625A, by Senator May, 


                                                               2077

 1   an act to amend the State Finance Law; 

 2                Senate Print 5683A, by Senator 

 3   Comrie, an act to amend the Real Property Law; 

 4                Senate Print 5959D, by Senator 

 5   Savino, an act to amend the Civil Rights Law; 

 6                Senate Print 6266D, by 

 7   Senator Biaggi, an act to amend the Labor Law; 

 8                Senate Print 6302A, by 

 9   Senator Myrie, an act to amend the Election Law; 

10                Senate Print 6371A, by 

11   Senator Brooks, an act authorizing the County of 

12   Nassau to alienate and sell parklands to the 

13   Coleman Country Day Camp and Coleson Properties, 

14   LLC; 

15                Senate Print 6400, by Senator Lanza, 

16   an act to amend the Vehicle and Traffic Law; 

17                Senate Print 6430, by 

18   Senator Gounardes, an act to amend the 

19   Public Authorities Law; 

20                Senate Print 6437A, by 

21   Senator Sepúlveda, an act to amend the 

22   Mental Hygiene Law and the Public Health Law; 

23                Senate Print 6459A, by 

24   Senator Carlucci, an act to authorize the Town of 

25   Clarkstown to offer a certain retirement option 


                                                               2078

 1   to Clarkstown police officers; 

 2                Senate Print 6479A, by 

 3   Senator Salazar, an act to amend the Civil Rights 

 4   Law and the Education Law; 

 5                Senate Print 6502A, by 

 6   Senator Serrano, an act to amend the 

 7   Environmental Conservation Law; 

 8                Senate Print 6523A, by 

 9   Senator Parker, an act to amend the 

10   General Municipal Law; 

11                Senate Print 6534, by Senator 

12   Montgomery, an act to amend the Family Court Act; 

13                Senate Print 6537, by 

14   Senator Montgomery, an act to amend the 

15   Education Law; 

16                Senate Print 6569, by Senator 

17   Jackson, an act to amend the Executive Law; 

18                Senate Print 6658B, by 

19   Senator Bailey, an act to amend the 

20   Executive Law; 

21                Senate Print 6665, by 

22   Senator Benjamin, an act to amend the 

23   Executive Law; 

24                Senate Print 6712, by 

25   Senator Metzger, an act to amend the 


                                                               2079

 1   Executive Law; 

 2                Senate Print 6829B, by 

 3   Senator Kaminsky, an act to amend the 

 4   Environmental Conservation Law; 

 5                Senate Print 6836, by 

 6   Senator Metzger, an act to amend the Vehicle and 

 7   Traffic Law; 

 8                Senate Print 6868, by 

 9   Senator Gaughran, an act to amend the 

10   Public Authorities Law; 

11                Senate Print 6874A, by 

12   Senator Gaughran, an act to amend the 

13   Real Property Law; 

14                Senate Print 7104A, by 

15   Senator Mayer, an act to amend the 

16   General Business Law; 

17                Senate Print 7131, by 

18   Senator Harckham, an act to amend the 

19   General Municipal Law; 

20                Senate Print 7159, by 

21   Senator Jackson, an act to amend the 

22   Insurance Law; 

23                Senate Print 7203, by 

24   Senator Amedore, an act to authorize Stephen 

25   Ferraro and Stephen Porcello to take the 


                                                               2080

 1   competitive civil service examination; 

 2                Senate Print 7210, by 

 3   Senator Savino, an act to amend the Workers' 

 4   Compensation Law; 

 5                Senate Print 7219, by 

 6   Senator Borrello, an act to amend the 

 7   Criminal Procedure Law; 

 8                Senate Print 7235, by Senator May, 

 9   an act to amend the Education Law; 

10                Senate Print 7256, by Senator Ramos, 

11   an act to amend the Lien Law; 

12                Senate Print 7367A, by 

13   Senator Harckham, an act to establish the 

14   New York City Watershed Road Salt Reduction 

15   Task Force; 

16                Senate Print 7369, by 

17   Senator Metzger, an act to amend the 

18   Alcoholic Beverage Control Law; 

19                Senate Print 7587, by 

20   Senator Skoufis, an act to amend the 

21   Education Law; 

22                Senate Print 7589B, by 

23   Senator Gaughran, an act to amend directing the 

24   Office of Fire Prevention and Control within the 

25   Division of Homeland Security; 


                                                               2081

 1                Senate Print 7591, by 

 2   Senator Helming, an act providing for the 

 3   transfer of Onanda Park from the Department of 

 4   Environmental Conservation to the Town of 

 5   Canandaigua; 

 6                Senate Print 7607, by 

 7   Senator Breslin, an act to repeal Subdivision 6 

 8   of Section 11-0907 of the Environmental 

 9   Conservation Law; 

10                Senate Print 7655, by 

11   Senator Amedore, an act to amend the 

12   Real Property Tax Law;

13                Senate Print 7664, by 

14   Senator Breslin, an act to amend the State 

15   Finance Law and the General Municipal Law; 

16                Senate Print 7694, by 

17   Senator Persaud, an act to amend the 

18   Social Services Law; 

19                Senate Print 7740A, by 

20   Senator Harckham, an act to amend the Vehicle and 

21   Traffic Law; 

22                Senate Print 7760, by 

23   Senator Ritchie, an act in relation to 

24   authorizing the Town of DeKalb, in the County of 

25   St. Lawrence, to reduce the maximum speed limit 


                                                               2082

 1   on certain public roadways;

 2                Senate Print 7787, by Senator Mayer, 

 3   an act to amend the State Finance Law; 

 4                Senate Print 7845, by 

 5   Senator Harckham, an act to amend the 

 6   General Municipal Law; 

 7                Senate Print 7870A, by Senator Ortt, 

 8   an act to amend the Public Officers Law; 

 9                Senate Print 7879, by Senator 

10   Rivera, an act to amend the Public Health Law; 

11                Senate Print 7881, by Senator 

12   Comrie, an act to amend the Insurance Law; 

13                Senate Print 7885A, by 

14   Senator Kaplan, an act to amend the 

15   Transportation Law; 

16                Senate Print 7926, by 

17   Senator Bailey, an act to amend the Family Court 

18   Act, the Criminal Procedure Law, and the Domestic 

19   Relations Law; 

20                Senate Print 7929, by Senator Mayer, 

21   an act to amend the Civil Practice Law and Rules 

22   and the Criminal Procedure Law; 

23                Senate Print 7930, by Senator 

24   Salazar, an act to amend the Family Court Act; 

25                Senate Print 7986A, by Senator 


                                                               2083

 1   Stavisky, an act to amend the Education Law; 

 2                Senate Print 7995A, by 

 3   Senator Skoufis, an act to amend the 

 4   Education Law; 

 5                Senate Print 8018, by Senator Boyle, 

 6   an action in relation to authorizing the Good 

 7   Samaritan Hospital Medical Center to file an 

 8   application for a real property tax exemption; 

 9                Senate Print 8021, by Senator May, 

10   an act in relation to authorizing the Liverpool 

11   Central School District to receive state aid for 

12   certain approved capital funded projects; 

13                Senate Print 8026, by 

14   Senator Kaminsky, an act to amend the 

15   Environmental Conservation Law; 

16                Senate Print 8033B, by 

17   Senator Seward, an act authorizing the Village of 

18   Herkimer, County of Herkimer, to alienate and 

19   convey certain parcels of land used as parkland; 

20                Senate Print 8040, by 

21   Senator Breslin, an act to amend the 

22   Navigation Law; 

23                Senate Print 8046, by 

24   Senator Sepúlveda, an act to amend the 

25   Correction Law; 


                                                               2084

 1                Senate Print 8057, by 

 2   Senator Akshar, an act to amend the 

 3   General Municipal Law; 

 4                Senate Print 8084A, by 

 5   Senator Funke, an act to amend Chapter 672 of the 

 6   Laws of 1993; 

 7                Senate Print 8129, by 

 8   Senator Gounardes, an act amending Part B of 

 9   Chapter 104 of the Laws of 2005; 

10                Senate Print 8146, by Senator Funke, 

11   an act to amend the Criminal Procedure Law; 

12                Senate Print 8154B, by Senator 

13   Harckham, an act to amend the Public Service Law; 

14                Senate Print 8220, by 

15   Senator Gaughran, an act to amend the 

16   General Municipal Law and the Town Law; 

17                Senate Print 8224, by Senator 

18   Borrello, an act to amend the Public Health Law; 

19                Senate Print 8256A, by 

20   Senator Harckham, an act in relation to 

21   authorizing the town of Southeast, County of 

22   Putnam, to alienate certain lands used as 

23   parkland; 

24                Senate Print 8259, by 

25   Senator Harckham, an act to amend the 


                                                               2085

 1   Public Health Law; 

 2                Senate Print 8282, by 

 3   Senator Gaughran, an act to amend the 

 4   Public Health Law; 

 5                Senate Print 8302, by 

 6   Senator Ritchie, an act to amend the Uniform City 

 7   Court Act and the Judiciary Law; 

 8                Senate Print 8315A, by Senator 

 9   Rivera, an act to amend the Public Health Law; 

10                Senate Print 8332, by Senator 

11   Persaud, an act to amend the Social Services Law; 

12                Senate Print 8421A, by Senator 

13   Persaud, an act to amend the Social Services Law; 

14                Senate Print 8451A, by 

15   Senator Kaplan, an act authorizing the 

16   Empire State Development Corporation to develop a 

17   public awareness campaign; 

18                Senate Print 8464A, by 

19   Senator Metzger, an act to amend the Agriculture 

20   and Markets Law; 

21                Senate Print 8474, by 

22   Senator Savino, an act to amend the Education Law 

23   and the Public Health Law; 

24                Senate Print 8490, by 

25   Senator Skoufis, an act to amend the Highway Law; 


                                                               2086

 1                Senate Print 8523, by 

 2   Senator Thomas, an act in relation to authorizing 

 3   the assessor of the County of Nassau to accept 

 4   from The Academy Charter School an application 

 5   for exemption from real property taxes; 

 6                Senate Print 8531, by 

 7   Senator Carlucci, an act to amend Chapter 598 of 

 8   the Laws of 1938; 

 9                Senate Print 8587, by Senator Liu, 

10   an act to amend the General Obligations Law; 

11                Senate Print 8643A, by Senator Liu, 

12   an act to amend the Social Services Law; 

13                Senate Print 8666, by 

14   Senator Benjamin, an act to amend the 

15   Criminal Procedure Law; 

16                Senate Print 8707A, by 

17   Senator Gianaris, an act to amend the 

18   Criminal Procedure Law and the Civil Practice Law 

19   and Rules; and 

20                Senate Print 8805, by Senator 

21   Metzger, an act to amend the Public Service Law.

22                All bills reported direct to third 

23   reading.

24                SENATOR GIANARIS:   Move to accept 

25   the report of the Rules Committee.


                                                               2087

 1                ACTING PRESIDENT BENJAMIN:   All in 

 2   favor of accepting the report of the Rules 

 3   Committee signify by saying aye.

 4                (Response of "Aye.")

 5                ACTING PRESIDENT BENJAMIN:    

 6   Opposed, nay.

 7                (No response.)

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   report is accepted and before the house.

10                SENATOR GIANARIS:   Let's now take 

11   up the reading of the calendar, Mr. President.

12                ACTING PRESIDENT BENJAMIN:   The 

13   Secretary will read.

14                THE SECRETARY:   Calendar Number 1, 

15   Senate Print 4378A, by Senator Parker, an act to 

16   amend the Election Law.

17                ACTING PRESIDENT BENJAMIN:   Read 

18   the last section.

19                THE SECRETARY:   Section 4.  This 

20   act shall take effect January 1, 2022.

21                ACTING PRESIDENT BENJAMIN:   Call 

22   the roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT BENJAMIN:   

25   Announce the results.


                                                               2088

 1                THE SECRETARY:   In relation to 

 2   Calendar Number 1, those Senators voting in the 

 3   negative are Senators Akshar, Amedore, Borrello, 

 4   Boyle, Funke, Gallivan, Griffo, Helming, Jordan, 

 5   Little, O'Mara, Ortt, Ranzenhofer, Ritchie, 

 6   Robach, Serino, Seward and Tedisco.

 7                Ayes, 42.  Nays, 18.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 55, 

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

12   amend the General Municipal Law and the Town Law.

13                ACTING PRESIDENT BENJAMIN:   Read 

14   the last section.

15                THE SECRETARY:   Section 4.  This 

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

17   shall have become a law.

18                ACTING PRESIDENT BENJAMIN:   Call 

19   the roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT BENJAMIN:    

22   Announce the results.

23                THE SECRETARY:   In relation to 

24   Calendar Number 55, those Senators voting in the 

25   negative are Senators Ranzenhofer and Skoufis.


                                                               2089

 1                Ayes, 58.  Nays, 2.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   bill is passed.

 4                THE SECRETARY:   Calendar Number 59, 

 5   Senate Print 2636, by Senator Krueger, an act to 

 6   amend the Penal Law.

 7                ACTING PRESIDENT BENJAMIN:   Read 

 8   the last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect on the first of November.

11                ACTING PRESIDENT BENJAMIN:   Call 

12   the roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT BENJAMIN:    

15   Announce the results.

16                THE SECRETARY:   Ayes, 60.

17                ACTING PRESIDENT BENJAMIN:   The 

18   bill is passed.

19                THE SECRETARY:   Calendar Number 60, 

20   Senate Print 2662, by Senator Savino, an act to 

21   amend the Penal Law.

22                ACTING PRESIDENT BENJAMIN:   Read 

23   the last section.

24                THE SECRETARY:   Section 3.  This 

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


                                                               2090

 1   shall have become a law.

 2                ACTING PRESIDENT BENJAMIN:   Call 

 3   the roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT BENJAMIN:    

 6   Announce the results.

 7                THE SECRETARY:   Ayes, 60.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 61, 

11   Senate Print 4345A, by Senator Martinez, an act 

12   to amend the Penal Law.

13                ACTING PRESIDENT BENJAMIN:   Read 

14   the last section.

15                THE SECRETARY:   Section 3.  This 

16   act shall take effect on the first of January.

17                ACTING PRESIDENT BENJAMIN:   Call 

18   the roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT BENJAMIN:    

21   Announce the results.

22                THE SECRETARY:   Ayes, 60.

23                ACTING PRESIDENT BENJAMIN:   The 

24   bill is passed.

25                THE SECRETARY:   Calendar Number 


                                                               2091

 1   131, Senate Print 7117, by Senator Sanders, an 

 2   act to amend the Education Law.

 3                ACTING PRESIDENT BENJAMIN:   Read 

 4   the last section.

 5                THE SECRETARY:   Section 2.  This 

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

 7   shall have become a law.

 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:   In relation to 

14   Calendar Number 131, those Senators voting in the 

15   negative are Senators Funke, Jordan, May and 

16   Ranzenhofer.  

17                Ayes, 56.  Nays, 4.

18                ACTING PRESIDENT BENJAMIN:   The 

19   bill is passed.

20                THE SECRETARY:   Calendar Number 

21   141, Senate Print 2224B, by Senator Sanders, an 

22   act to amend the Civil Practice Law and Rules.

23                ACTING PRESIDENT BENJAMIN:   Read 

24   the last section.

25                THE SECRETARY:   Section 2.  This 


                                                               2092

 1   act shall take effect immediately.

 2                ACTING PRESIDENT BENJAMIN:   Call 

 3   the roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT BENJAMIN:    

 6   Announce the results.

 7                THE SECRETARY:   Ayes, 60.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 

11   144, Senate Print 3822, by Senator Savino, 

12   Concurrent Resolution of the Senate and Assembly 

13   proposing an amendment to Section 1 of Article 2 

14   of the Constitution.

15                ACTING PRESIDENT BENJAMIN:   Read 

16   the last section.

17                THE SECRETARY:   Section 2.  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:    

23   Announce the results.

24                THE SECRETARY:   In relation to 

25   Calendar Number 144, those Senators voting in the 


                                                               2093

 1   negative are Senators Akshar, Amedore, Borrello, 

 2   Boyle, Funke, Gallivan, Griffo, Helming, Jordan, 

 3   Little, O'Mara, Ortt, Ranzenhofer, Ritchie, 

 4   Robach, Serino, Seward and Tedisco.

 5                Ayes, 42.  Nays, 18.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   146, Assembly Print Number 4770A, substituted 

10   earlier by Assemblymember Hunter, an act to amend 

11   the Real Property Law.

12                SENATOR GIANARIS:   Lay it aside for 

13   the day.

14                ACTING PRESIDENT BENJAMIN:   Lay it 

15   aside for the day.

16                THE SECRETARY:   Calendar Number 

17   153, Senate Print 6648, by Senator Kaminsky, an 

18   act to amend the Education Law.

19                ACTING PRESIDENT BENJAMIN:   Read 

20   the last section.

21                THE SECRETARY:   Section 3.  This 

22   act shall take effect on the first of September.

23                ACTING PRESIDENT BENJAMIN:   Call 

24   the roll.

25                (The Secretary called the roll.)


                                                               2094

 1                ACTING PRESIDENT BENJAMIN:    

 2   Senator Kaminsky to explain his vote.

 3                SENATOR KAMINSKY:   Thank you, 

 4   Mr. President.

 5                Nobody is born a racist or an 

 6   antisemite or with hate in their heart.  But this 

 7   last year, we have seen a rash of incidents 

 8   throughout our state and our country that are 

 9   just despicable.  The Anti-Defamation League 

10   found last year to have the most antisemitic 

11   incidents on record since they kept track in 

12   1979.  

13                And there has been a spate of racial 

14   violence and acts of racial intimidation 

15   involving the noose and other hate graffiti that 

16   our state has not witnessed in a very long time, 

17   and it's quite disturbing.  

18                Education has to be part of this 

19   answer.  We have to know that our students are 

20   leaving our school system understanding what 

21   tolerance means and what intolerance looks like.  

22   And that means specifically learning about the 

23   hateful symbols of the swastika and the noose.  

24                The Nassau County district attorney, 

25   Madeline Singas, has been sending young offenders 


                                                               2095

 1   to a program at the Museum of Tolerance on 

 2   Long Island, where they learn about the history 

 3   of the swastika.  And when they do, they are 

 4   horrified by their own actions.  

 5                We can do better.  Our schools can 

 6   do better.  And the social studies teachers that 

 7   I talk to want the ability to teach about the 

 8   swastika and the noose and other symbols of hate 

 9   in their curricula.  This bill would mandate that 

10   it be so, so we can have a more just, inclusive 

11   and tolerant society.  

12                Mr. President, I vote in the 

13   affirmative, and I'm proud to have introduced 

14   this bill.

15                ACTING PRESIDENT BENJAMIN:   Senator 

16   Kaminsky to be recorded in the affirmative.  

17                Senator Carlucci to explain his 

18   vote.

19                SENATOR CARLUCCI:   Thank you, 

20   Mr. President.

21                I want to thank Senator Kaminsky and 

22   all my colleagues for supporting this important 

23   legislation.  And like the previous speaker had 

24   mentioned, antisemitic and racist acts have been 

25   on the rise in this country and across the 


                                                               2096

 1   nation.  

 2                And in New York State, where we have 

 3   19 million people from every corner of the globe, 

 4   every culture represented, it's really our 

 5   responsibility and our obligation here in 

 6   New York State, in the Empire State, to reverse 

 7   this trend, to end antisemitism, to end racism.  

 8                So in order to do that, we have to 

 9   change the paradigm.  We have to be proactive.  

10   We can't wait for our children to see a symbol of 

11   hate, whether it's a noose or a swastika, painted 

12   in graffiti on some bathroom stall or on some 

13   social media website.  We have to be proactive.  

14                That's why having age-appropriate 

15   curricula, starting in the 6th grade -- to be 

16   proactive, to get to our students early.  I know 

17   with my children -- I have a 4-year-old and a 

18   6-year-old.  You know, my 4-year-old, he gets 

19   ahold of my cellphone, he knows how to use it 

20   better than I do.  Right?  So we are not going to 

21   be able to shield our children from the divisive, 

22   the hateful rhetoric that we see online.  

23                What we have to do is prepare them 

24   for it.  We have to be proactive, we have to 

25   teach them about these symbols so they really 


                                                               2097

 1   understand what they are and what they are not.  

 2                It's New York State's responsibility 

 3   to be the Empire State, to lead by example.  

 4   That's why this legislation is so important.  

 5                Mr. President, I'll be voting in the 

 6   affirmative.  Thank you.

 7                ACTING PRESIDENT BENJAMIN:   Senator 

 8   Carlucci to be recorded in the affirmative.

 9                Announce the results.

10                THE SECRETARY:   In relation to 

11   Calendar Number 153, voting in the negative:  

12   Senator Boyle.  

13                Ayes, 59.  Nays, 1.

14                ACTING PRESIDENT BENJAMIN:   The 

15   bill is passed.

16                THE SECRETARY:   Calendar Number 

17   157, Senate Print 2705, by Senator Kennedy, an 

18   act to amend the Executive Law and the 

19   Agriculture and Markets Law.

20                ACTING PRESIDENT BENJAMIN:   Read 

21   the last section.

22                THE SECRETARY:   Section 5.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT BENJAMIN:   Call 

25   the roll.


                                                               2098

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT BENJAMIN:    

 3   Announce the results.

 4                THE SECRETARY:   In relation to 

 5   Calendar Number 157, those Senators voting in the 

 6   negative are Senators Akshar, Borrello, Funke, 

 7   Helming, Jordan, Little, O'Mara, Ortt, Ritchie 

 8   and Seward.

 9                Ayes, 50.  Nays, 10.

10                ACTING PRESIDENT BENJAMIN:   The 

11   bill is passed.

12                THE SECRETARY:   Calendar Number 

13   166, Senate Print 3969B, by Senator Kennedy, an 

14   act to amend the Workers' Compensation Law.

15                ACTING PRESIDENT BENJAMIN:   Read 

16   the last section.

17                THE SECRETARY:   Section 2.  This 

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

19   shall have become a law.

20                ACTING PRESIDENT BENJAMIN:   Call 

21   the roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT BENJAMIN:    

24   Announce the results.

25                THE SECRETARY:   Ayes, 60.


                                                               2099

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   bill is passed.

 3                THE SECRETARY:   Calendar Number 

 4   170, Senate Print 1029A, by Senator Rivera, an 

 5   act to amend the Public Health Law.

 6                ACTING PRESIDENT BENJAMIN:   Read 

 7   the last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect on the first of January.

10                ACTING PRESIDENT BENJAMIN:   Call 

11   the roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT BENJAMIN:    

14   Announce the results.

15                THE SECRETARY:   In relation to 

16   Calendar Number 170, voting in the negative:  

17   Senator Ranzenhofer.  

18                Ayes, 59.  Nays, 1. 

19                ACTING PRESIDENT BENJAMIN:   The 

20   bill is passed.

21                THE SECRETARY:   Calendar Number 

22   175, Senate Print 297, by Senator Gianaris, an 

23   act to amend the Banking Law.

24                ACTING PRESIDENT BENJAMIN:   Read 

25   the last section.


                                                               2100

 1                THE SECRETARY:   Section 2.  This 

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

 3   shall have become a law.

 4                ACTING PRESIDENT BENJAMIN:   Call 

 5   the roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT BENJAMIN:    

 8   Announce the results.

 9                THE SECRETARY:   In relation to 

10   Calendar Number 175, those Senators voting in the 

11   negative are Senators Amedore, Borrello, Funke, 

12   Gallivan, Helming, Jordan, LaValle, O'Mara, Ortt, 

13   Robach, Seward and Tedisco.

14                Ayes, 48.  Nays, 12.

15                ACTING PRESIDENT BENJAMIN:   The 

16   bill is passed.

17                THE SECRETARY:   Calendar Number 

18   176, Senate Print 2106A, by Senator Sanders, an 

19   act to amend the Banking Law.

20                ACTING PRESIDENT BENJAMIN:   Read 

21   the last section.

22                THE SECRETARY:   Section 2.  This 

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

24   shall have become a law.

25                ACTING PRESIDENT BENJAMIN:   Call 


                                                               2101

 1   the roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT BENJAMIN:    

 4   Announce the results.

 5                THE SECRETARY:   In relation to 

 6   Calendar Number 176, those Senators voting in the 

 7   negative are Senators Akshar, Borrello, Funke, 

 8   Gallivan, Griffo, Helming, Jordan, LaValle, 

 9   Little, O'Mara, Ortt, Seward and Tedisco.

10                Ayes, 47.  Nays, 13.  

11                ACTING PRESIDENT BENJAMIN:   The 

12   bill is passed.

13                THE SECRETARY:   Calendar Number 

14   189, Senate Print 35, by Senator Hoylman, an act 

15   to amend the General Business Law.

16                ACTING PRESIDENT BENJAMIN:   Read 

17   the last section.

18                THE SECRETARY:   Section 2.  This 

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

20   shall have become a law.

21                ACTING PRESIDENT BENJAMIN:   Call 

22   the roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT BENJAMIN:    

25   Announce the results.


                                                               2102

 1                THE SECRETARY:   In relation to 

 2   Calendar Number 189, those Senators voting in the 

 3   negative are Senators Akshar, Amedore, Borrello, 

 4   Funke, Gallivan, Griffo, Helming, Jordan, Little, 

 5   O'Mara, Ortt, Ranzenhofer, Ritchie, Serino, 

 6   Seward and Tedisco.

 7                Ayes, 44.  Nays, 16.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 

11   209, Senate Print 2709A, by Senator Kennedy, an 

12   act to amend the Business Corporation Law.

13                ACTING PRESIDENT BENJAMIN:   Read 

14   the last section.

15                THE SECRETARY:   Section 6.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT BENJAMIN:   Call 

18   the roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT BENJAMIN:    

21   Announce the results.

22                THE SECRETARY:   Ayes, 60.

23                ACTING PRESIDENT BENJAMIN:   The 

24   bill is passed.

25                THE SECRETARY:   Calendar Number 


                                                               2103

 1   213, Senate Print 4117A, by Senator Kaplan, an 

 2   act to amend the Real Property Actions and 

 3   Proceedings Law.

 4                ACTING PRESIDENT BENJAMIN:   Read 

 5   the last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 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:   In relation to 

14   Calendar Number 213, those Senators voting in the 

15   negative are Senators Akshar and Funke.  

16                Ayes, 58.  Nays, 2.

17                ACTING PRESIDENT BENJAMIN:   The 

18   bill is passed.

19                THE SECRETARY:   Calendar Number 

20   214, Assembly Print Number 6370, substituted 

21   earlier by Assemblymember Williams, an act to 

22   amend the Real Property Actions and Proceedings 

23   Law.

24                ACTING PRESIDENT BENJAMIN:   Read 

25   the last section.


                                                               2104

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect on the first of January.

 3                ACTING PRESIDENT BENJAMIN:   Call 

 4   the roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT BENJAMIN:    

 7   Announce the results.

 8                THE SECRETARY:   In relation to 

 9   Calendar Number 214, those Senators voting in the 

10   negative are Senators Akshar, Amedore, Borrello, 

11   Funke, Gallivan, Griffo, Helming, Jordan, Little, 

12   O'Mara, Ortt, Ranzenhofer, Ritchie, Robach, 

13   Serino, Seward and Tedisco.

14                Ayes, 43.  Nays, 17.

15                ACTING PRESIDENT BENJAMIN:   The 

16   bill is passed.

17                THE SECRETARY:   Calendar Number 

18   215, Senate Print 6156, by Senator 

19   Stewart-Cousins, an act to amend the 

20   Private Housing Finance Law.

21                ACTING PRESIDENT BENJAMIN:   Read 

22   the last section.

23                THE SECRETARY:   Section 3.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT BENJAMIN:   Call 


                                                               2105

 1   the roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT BENJAMIN:    

 4   Announce the results.

 5                THE SECRETARY:   Ayes, 60.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   217, Senate Print 6551, by Senator Kavanagh, an 

10   act to amend the Local Emergency Housing Rent 

11   Control Act.

12                SENATOR GIANARIS:   Lay it aside for 

13   the day, please. 

14                ACTING PRESIDENT BENJAMIN:   The 

15   bill will be laid aside for the day.

16                THE SECRETARY:   Calendar Number 

17   219, Senate Print 6214, by Senator Montgomery, an 

18   act to amend the Family Court Act.

19                SENATOR GIANARIS:   Lay it aside 

20   temporarily.

21                ACTING PRESIDENT BENJAMIN:   Lay it 

22   aside temporarily.

23                SENATOR GIANARIS:   Calendar Number 

24   220, Assembly Print 6710A, substituted earlier by 

25   Assemblymember Rozic, an act to amend the 


                                                               2106

 1   Correction Law.

 2                ACTING PRESIDENT BENJAMIN:   Read 

 3   the last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect one year after it shall 

 6   have become a law.

 7                ACTING PRESIDENT BENJAMIN:   Call 

 8   the roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT BENJAMIN:    

11   Announce the results.

12                THE SECRETARY:   In relation to 

13   Calendar Number 220, those Senators voting in the 

14   negative are Senators Akshar, Amedore, Borrello, 

15   Boyle, Funke, Griffo, Helming, Jordan, Little, 

16   Ortt and Ritchie.

17                Ayes, 49.  Nays, 11.

18                ACTING PRESIDENT BENJAMIN:   The 

19   bill is passed.

20                THE SECRETARY:   Calendar Number 

21   224, Senate Print 2945B, by Senator Stavisky, an 

22   act to amend the Real Property Tax Law.

23                ACTING PRESIDENT BENJAMIN:   Read 

24   the last section.

25                THE SECRETARY:   Section 2.  This 


                                                               2107

 1   act shall take effect immediately.

 2                ACTING PRESIDENT BENJAMIN:   Call 

 3   the roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT BENJAMIN:   

 6   Announce the results.

 7                THE SECRETARY:   Ayes, 60.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 

11   230, Senate Print 7112, by Senator Kaminsky, an 

12   act to amend the Retirement and Social Security 

13   Law.

14                ACTING PRESIDENT BENJAMIN:   There 

15   is a home-rule message at the desk.  

16                Read the last section.

17                THE SECRETARY:   Section 6.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT BENJAMIN:   Call 

20   the roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT BENJAMIN:    

23   Announce the results.

24                THE SECRETARY:   Ayes, 60.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               2108

 1   bill is passed.

 2                THE SECRETARY:   Calendar Number 

 3   240, Senate Print 1557, by Senator Serrano, an 

 4   act to create a temporary state commission to 

 5   study and make recommendations concerning the 

 6   incidence of asthma in the Borough of the Bronx 

 7   in New York City.

 8                ACTING PRESIDENT BENJAMIN:   Read 

 9   the last section.

10                THE SECRETARY:   Section 6.  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 240, voting in the negative:  

19   Senator Akshar.

20                Ayes, 59.  Nays, 1.

21                ACTING PRESIDENT BENJAMIN:   The 

22   bill is passed.

23                THE SECRETARY:   Calendar Number 

24   245, Senate Print 2328A, by Senator Kavanagh, an 

25   act to amend the State Finance Law.


                                                               2109

 1                ACTING PRESIDENT BENJAMIN:   Read 

 2   the last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect on the 180th 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:   Ayes, 60.

12                ACTING PRESIDENT BENJAMIN:   The 

13   bill is passed.

14                THE SECRETARY:   Calendar Number 

15   256, Senate Print 2311, by Senator Kavanagh, an 

16   act to amend the Election Law.

17                ACTING PRESIDENT BENJAMIN:   Read 

18   the last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT BENJAMIN:   Call 

22   the roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT BENJAMIN:   Senator 

25   Kavanagh to explain his vote.


                                                               2110

 1                SENATOR KAVANAGH:   Thank you, 

 2   Mr. President.

 3                This is a bill that adds another 

 4   important step to our broad effort over the past 

 5   year and a half to improve people's ability to 

 6   vote in our state.

 7                Last year we took an important step 

 8   of first passage for a constitutional amendment 

 9   that will permit same-day registration, people 

10   being able to register to vote up to and 

11   including Election Day.  Unfortunately, as a 

12   constitutional amendment, that can't go into 

13   effect yet.

14                This is a bill that goes as far as 

15   we can statutorily without changing the 

16   Constitution.  It takes a current deadline of 

17   25 days before the election and moves it to 

18   10 days before the election, which is the 

19   constitutional minimum time period before which 

20   the Legislature can permit somebody to register 

21   to vote.  

22                It will allow somebody on the 

23   Saturday, on the weekend preceding Election Day, 

24   to register to vote.  It happens that with early 

25   voting, which we also put in place last year, 


                                                               2111

 1   they'll also be able to cast their vote that day.  

 2                And again, I thank Senator Myrie and 

 3   all of the Senators, and the leader, who have 

 4   brought forth this very important package of 

 5   legislation that we've done in pieces over the 

 6   last year.  And I vote aye on this bill.

 7                ACTING PRESIDENT BENJAMIN:   Senator 

 8   Kavanagh to be recorded in the affirmative.

 9                Announce the results.

10                THE SECRETARY:   In relation to 

11   Calendar Number 256, those Senators voting in the 

12   negative are Senators Amedore, Borrello, Funke, 

13   Gallivan, Griffo, Helming, Jordan, O'Mara, Ortt, 

14   Ranzenhofer, Ritchie, Serino, Seward and Tedisco.

15                Ayes, 46.  Nays, 14.

16                ACTING PRESIDENT BENJAMIN:   The 

17   bill is passed.

18                THE SECRETARY:   Calendar Number 

19   258, Senate Print 6463, by Senator Myrie, an act 

20   to authorize the City of New York to establish an 

21   electronic voter registration transmittal system.

22                ACTING PRESIDENT BENJAMIN:   Read 

23   the last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               2112

 1                ACTING PRESIDENT BENJAMIN:   Call 

 2   the roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT BENJAMIN:    

 5   Announce the results.

 6                THE SECRETARY:   In relation to 

 7   Calendar Number 258, those Senators voting in the 

 8   negative are Senators Akshar, Amedore, Borrello, 

 9   Boyle, Funke, Gallivan, Griffo, Helming, Jordan, 

10   Lanza, LaValle, Little, O'Mara, Ortt, 

11   Ranzenhofer, Ritchie, Robach, Serino, Seward and 

12   Tedisco.

13                Ayes, 40.  Nays, 20.

14                ACTING PRESIDENT BENJAMIN:   The 

15   bill is passed.

16                THE SECRETARY:   Calendar Number 

17   279, Senate Print 598, by Senator Hoylman, an act 

18   to amend the Penal Law.

19                ACTING PRESIDENT BENJAMIN:   Read 

20   the last section.

21                THE SECRETARY:   Section 6.  This 

22   act shall take effect on the first of November.

23                ACTING PRESIDENT BENJAMIN:   Call 

24   the roll.

25                (The Secretary called the roll.)


                                                               2113

 1                ACTING PRESIDENT BENJAMIN:    

 2   Announce the results.

 3                THE SECRETARY:   In relation to 

 4   Calendar Number 279, those Senators voting in the 

 5   negative are Senators Akshar, Amedore, Borrello, 

 6   Boyle, Funke, Gallivan, Griffo, Helming, Jordan, 

 7   Lanza, LaValle, Little, O'Mara, Ortt, 

 8   Ranzenhofer, Robach, Serino, Seward and Tedisco.

 9                Ayes, 41.  Nays, 19.

10                ACTING PRESIDENT BENJAMIN:   The 

11   bill is passed.

12                THE SECRETARY:   Calendar Number 

13   281, Senate Print 2475, by Senator Sanders, an 

14   act to amend the Penal Law and the Education Law.

15                ACTING PRESIDENT BENJAMIN:   Read 

16   the last section.

17                THE SECRETARY:   Section 13.  This 

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

19   shall have become a law.

20                ACTING PRESIDENT BENJAMIN:   Call 

21   the roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT BENJAMIN:    

24   Announce the results.

25                THE SECRETARY:   Ayes, 60.


                                                               2114

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   bill is passed.

 3                THE SECRETARY:   Calendar Number 

 4   282, Senate Print 2661, by Senator Savino, an act 

 5   to amend the Penal Law.

 6                ACTING PRESIDENT BENJAMIN:   Read 

 7   the last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT BENJAMIN:   Call 

11   the roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT BENJAMIN:    

14   Announce the results.

15                THE SECRETARY:   Ayes, 60.

16                ACTING PRESIDENT BENJAMIN:   The 

17   bill is passed.

18                THE SECRETARY:   Calendar Number 

19   284, Senate Print 4171A, by Senator Martinez, an 

20   act to amend the Penal Law.

21                ACTING PRESIDENT BENJAMIN:   Read 

22   the last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT BENJAMIN:   Call 


                                                               2115

 1   the roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT BENJAMIN:    

 4   Announce the results.

 5                THE SECRETARY:   Ayes, 60.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   298, Assembly Print Number 3190A, substituted 

10   earlier by Assemblymember Hunter, an act to amend 

11   the Real Property 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:   In relation to 

22   Calendar Number 298, those Senators voting in the 

23   negative are Senators Akshar, Funke, Helming, 

24   Jordan, Lanza and Ortt.

25                Ayes, 54.  Nays, 6.


                                                               2116

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   bill is passed.

 3                THE SECRETARY:   Calendar Number 

 4   303, Senate Print 6062, by Senator Brooks, an act 

 5   to amend the Education Law.

 6                ACTING PRESIDENT BENJAMIN:   Read 

 7   the last section.

 8                THE SECRETARY:   Section 3.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT BENJAMIN:   Call 

11   the roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT BENJAMIN:    

14   Announce the results.

15                THE SECRETARY:   Ayes, 60.

16                ACTING PRESIDENT BENJAMIN:   The 

17   bill is passed.

18                THE SECRETARY:   Calendar Number 

19   309, Senate Print 6415, by Senator Harckham, an 

20   act to amend the Public Health Law.

21                ACTING PRESIDENT BENJAMIN:   Read 

22   the last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT BENJAMIN:   Call 


                                                               2117

 1   the roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT BENJAMIN:    

 4   Announce the results.

 5                THE SECRETARY:   In relation to 

 6   Calendar Number 309, those Senators voting in the 

 7   negative are Senators LaValle and Serino.

 8                Ayes, 58.  Nays, 2.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   bill is passed.

11                THE SECRETARY:   Calendar Number 

12   311, Assembly Print Number 9538, substituted 

13   earlier by Assemblymember Gottfried, an act to 

14   amend the Social Services Law and the Public 

15   Health Law.

16                SENATOR GRIFFO:   Lay it aside.

17                ACTING PRESIDENT BENJAMIN:   Lay it 

18   aside.

19                THE SECRETARY:   Calendar Number 

20   325, Senate Print 4234A, by Senator Gianaris, an 

21   act to amend the Agriculture and Markets Law and 

22   the General Business Law.

23                SENATOR GRIFFO:   Lay it aside.

24                ACTING PRESIDENT BENJAMIN:   Lay it 

25   aside.


                                                               2118

 1                THE SECRETARY:   Calendar Number 

 2   337, Senate Print 2088, by Senator Sanders, an 

 3   act to amend the Banking Law and the Penal Law.

 4                ACTING PRESIDENT BENJAMIN:   Read 

 5   the last section.

 6                THE SECRETARY:   Section 11.  This 

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

 8   shall have become a law.

 9                ACTING PRESIDENT BENJAMIN:   Call 

10   the roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT BENJAMIN:    

13   Announce the results.

14                THE SECRETARY:   In relation to 

15   Calendar Number 337, those Senators voting in the 

16   negative are Senators Akshar, Amedore, Borrello, 

17   Boyle, Funke, Gallivan, Griffo, Helming, Jordan, 

18   Lanza, LaValle, Little, O'Mara, Ortt, 

19   Ranzenhofer, Ritchie, Serino, Seward and Tedisco.

20                Ayes, 41.  Nays, 19.

21                ACTING PRESIDENT BENJAMIN:   The 

22   bill is passed.

23                THE SECRETARY:   Calendar Number 

24   339, Senate Print 2827, by Senator May, an act to 

25   amend the Alcoholic Beverage Control Law.


                                                               2119

 1                ACTING PRESIDENT BENJAMIN:   Read 

 2   the last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect on the 30th 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 Number 339, voting in the negative:  

13   Senator Amedore.

14                Ayes, 59.  Nays, 1.

15                ACTING PRESIDENT BENJAMIN:   The 

16   bill is passed.

17                THE SECRETARY:   Calendar Number 

18   344, Senate Print 2490, by Senator Addabbo, an 

19   act to 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 90th day after it 

24   shall have become a law.

25                ACTING PRESIDENT BENJAMIN:   Call 


                                                               2120

 1   the roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT BENJAMIN:    

 4   Announce the results.

 5                THE SECRETARY:   In relation to 

 6   Calendar Number 344, those Senators voting in the 

 7   negative are Senators Amedore, Borrello, 

 8   Gallivan, Griffo, Jordan, Little, O'Mara, Ortt 

 9   and Robach.

10                Ayes, 51.  Nays, 9.

11                ACTING PRESIDENT BENJAMIN:   The 

12   bill is passed.

13                THE SECRETARY:   Calendar Number 

14   346, Senate Print 5619, by Senator Martinez, an 

15   act to direct the Department of Environmental 

16   Conservation to study alternative municipal uses 

17   for recycled glass.

18                ACTING PRESIDENT BENJAMIN:   Read 

19   the last section.

20                THE SECRETARY:   Section 3.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT BENJAMIN:   Call 

23   the roll.

24                (The Secretary called the roll.) 

25                ACTING PRESIDENT BENJAMIN:   


                                                               2121

 1   Announce the results.

 2                THE SECRETARY:   In relation to 

 3   Calendar Number 346, those Senators voting in the 

 4   negative are Senators Akshar and Griffo.  

 5                Ayes, 58.  Nays, 2.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   354, Senate Print 5671A, by Senator Martinez, an 

10   act to amend the Vehicle and Traffic Law and the 

11   Penal Law.

12                ACTING PRESIDENT BENJAMIN:   Read 

13   the last section.

14                THE SECRETARY:   Section 7.  This 

15   act shall take effect on the first of November.

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:   In relation to 

22   Calendar Number 354, voting in the negative:  

23   Senator Ranzenhofer.

24                Ayes, 59.  Nays, 1.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               2122

 1   bill is passed.

 2                THE SECRETARY:   Calendar Number 

 3   358, Senate Print 2832A, by Senator Savino, an 

 4   act to amend the Labor Law.

 5                ACTING PRESIDENT BENJAMIN:   Read 

 6   the last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT BENJAMIN:   Call 

10   the roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT BENJAMIN:    

13   Announce the results.

14                THE SECRETARY:   Ayes, 60.

15                ACTING PRESIDENT BENJAMIN:   The 

16   bill is passed.

17                THE SECRETARY:   Calendar Number 

18   360, Senate Print 4396A, by Senator Ramos, an act 

19   to amend the Labor Law.

20                ACTING PRESIDENT BENJAMIN:   Read 

21   the last section.

22                THE SECRETARY:   Section 5.  This 

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

24   shall have become a law.

25                ACTING PRESIDENT BENJAMIN:   Call 


                                                               2123

 1   the roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT BENJAMIN:    

 4   Announce the results.

 5                THE SECRETARY:   In relation to 

 6   Calendar Number 360, those Senators voting in the 

 7   negative are Senators Akshar, Amedore, Borrello, 

 8   Boyle, Funke, Gallivan, Helming, Jordan, LaValle, 

 9   Little, O'Mara, Ortt, Ranzenhofer, Ritchie, 

10   Robach, Serino, Seward and Tedisco.

11                Ayes, 42.  Nays, 18.

12                ACTING PRESIDENT BENJAMIN:   The 

13   bill is passed.

14                THE SECRETARY:   Calendar Number 

15   362, Senate Print 6204, by Senator Hoylman, an 

16   act to amend the Labor Law.

17                ACTING PRESIDENT BENJAMIN:   Read 

18   the last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT BENJAMIN:   Call 

22   the roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT BENJAMIN:    

25   Announce the results.


                                                               2124

 1                THE SECRETARY:   In relation to 

 2   Calendar Number 362, voting in the negative:  

 3   Senator Akshar.

 4                Ayes, 59.  Nays, 1.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   bill is passed.

 7                THE SECRETARY:   Calendar Number 

 8   364, Senate Print 3301, by Senator Brooks, an act 

 9   to amend the General Municipal Law.

10                ACTING PRESIDENT BENJAMIN:   Read 

11   the last section.

12                THE SECRETARY:   Section 9.  This 

13   act shall take effect on the 180th 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 Number 364, voting in the negative are 

22   Senators Krueger and Senator LaValle.

23                Ayes, 58.  Nays, 2.

24                ACTING PRESIDENT BENJAMIN:   The 

25   bill is passed.


                                                               2125

 1                THE SECRETARY:   Calendar Number 

 2   370, Assembly Print Number 8078C, substituted 

 3   earlier by Assemblymember Woerner, an act to 

 4   amend the Penal Law.

 5                ACTING PRESIDENT BENJAMIN:   Read 

 6   the last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT BENJAMIN:   Call 

10   the roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT BENJAMIN:    

13   Announce the results.

14                THE SECRETARY:   In relation to 

15   Calendar Number 370, voting in the negative are 

16   Senators Kaplan, Krueger and Serrano.

17                Ayes, 57.  Nays, 3.

18                ACTING PRESIDENT BENJAMIN:   The 

19   bill is passed.

20                THE SECRETARY:   Calendar Number 

21   372, Senate Print 6679C, by Senator Biaggi, an 

22   act to amend the Penal Law.

23                ACTING PRESIDENT BENJAMIN:   Read 

24   the last section.

25                THE SECRETARY:   Section 2.  This 


                                                               2126

 1   act shall take effect immediately.

 2                ACTING PRESIDENT BENJAMIN:   Call 

 3   the roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT BENJAMIN:    

 6   Announce the results.

 7                THE SECRETARY:   In relation to 

 8   Calendar Number 372, voting in the negative:  

 9   Senator Savino.

10                Ayes, 59.  Nays, 1.

11                ACTING PRESIDENT BENJAMIN:   The 

12   bill is passed.

13                THE SECRETARY:   Calendar Number 

14   373, Senate Print 257, by Senator Kennedy, an act 

15   to amend the Election Law.

16                ACTING PRESIDENT BENJAMIN:   Read 

17   the last section.

18                THE SECRETARY:   Section 3.  This 

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

20   shall have become a law.

21                ACTING PRESIDENT BENJAMIN:   Call 

22   the roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT BENJAMIN:    

25   Announce the results.


                                                               2127

 1                THE SECRETARY:   Ayes, 60.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   bill is passed.

 4                THE SECRETARY:   Calendar Number 

 5   374, Senate Print 3447, by Senator Stavisky, an 

 6   act to amend the Election Law and the 

 7   Education Law.

 8                ACTING PRESIDENT BENJAMIN:   Read 

 9   the last section.

10                THE SECRETARY:   Section 3.  This 

11   act shall take effect on the first of December.

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 374, voting in the negative:  

19   Senator Helming.  

20                Ayes, 59.  Nays, 1.

21                ACTING PRESIDENT BENJAMIN:   The 

22   bill is passed.

23                THE SECRETARY:   Calendar Number 

24   385, Senate Print 5695A, by Senator Liu, an act 

25   to amend the Education Law.


                                                               2128

 1                ACTING PRESIDENT BENJAMIN:   Read 

 2   the last section.

 3                THE SECRETARY:   Section 3.  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 385, those Senators voting in the 

12   negative are Senators Akshar, Borrello, Funke, 

13   Gallivan, Helming, Jordan, Little, O'Mara, Ortt, 

14   Ranzenhofer, Ritchie, Robach, Serino, Seward and 

15   Tedisco.

16                Ayes, 45.  Nays, 15.

17                ACTING PRESIDENT BENJAMIN:   The 

18   bill is passed.

19                THE SECRETARY:   Calendar Number 

20   398, Senate Print 2741A, by Senator Addabbo, an 

21   act to amend the Education Law.

22                ACTING PRESIDENT BENJAMIN:   Read 

23   the last section.

24                THE SECRETARY:   Section 3.  This 

25   act shall take effect on the first of July.


                                                               2129

 1                ACTING PRESIDENT BENJAMIN:   Call 

 2   the roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT BENJAMIN:    

 5   Announce the results.

 6                THE SECRETARY:   In relation to 

 7   Calendar Number 398, voting in the negative:  

 8   Senator LaValle.

 9                Ayes, 59.  Nays, 1.

10                ACTING PRESIDENT BENJAMIN:   The 

11   bill is passed.

12                THE SECRETARY:   Calendar Number 

13   402, Senate Print 1256A, by Senator Parker, an 

14   act to designate certain zip codes as cease and 

15   desist zones.

16                ACTING PRESIDENT BENJAMIN:   Read 

17   the last section.

18                THE SECRETARY:   Section 3.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT BENJAMIN:   Call 

21   the roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT BENJAMIN:    

24   Announce the results.

25                THE SECRETARY:   In relation to 


                                                               2130

 1   Calendar Number 402, those Senators voting in the 

 2   negative are Senators Akshar, Amedore, Borrello, 

 3   Boyle, Funke, Gallivan, Griffo, Helming, Jordan, 

 4   Kaplan, Lanza, Little, O'Mara, Ortt, Ranzenhofer, 

 5   Ritchie, Robach, Serino, Seward, Skoufis and 

 6   Tedisco.

 7                Ayes, 39.  Nays, 21.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 

11   411, Assembly Print Number 8149A, substituted 

12   earlier by Assemblymember O'Donnell, an act to 

13   amend the Executive Law.

14                ACTING PRESIDENT BENJAMIN:   Read 

15   the last section.

16                THE SECRETARY:   Section 3.  This 

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

18   shall have become a law.

19                ACTING PRESIDENT BENJAMIN:   Call 

20   the roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT BENJAMIN:    

23   Announce the results.

24                THE SECRETARY:   In relation to 

25   Calendar Number 411, those Senators voting in the 


                                                               2131

 1   negative are Senators Amedore, Borrello, Funke, 

 2   Gallivan, Griffo, Helming, Jordan, Little, 

 3   O'Mara, Ortt, Ranzenhofer, Ritchie, Serino, 

 4   Seward and Tedisco.

 5                Ayes, 45.  Nays, 15. 

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   417, Senate Print 4190, by Senator Kennedy, an 

10   act to amend the Real Property Actions and 

11   Proceedings Law and the Civil Practice Law and 

12   Rules.

13                ACTING PRESIDENT BENJAMIN:   Read 

14   the last section.

15                THE SECRETARY:   Section 4.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT BENJAMIN:   Call 

18   the roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT BENJAMIN:    

21   Announce the results.

22                THE SECRETARY:   Ayes, 60.

23                ACTING PRESIDENT BENJAMIN:   The 

24   bill is passed.

25                THE SECRETARY:   Calendar Number 


                                                               2132

 1   425, Senate Print 7335, by Senator Rivera, an act 

 2   to amend the Public Health Law.

 3                ACTING PRESIDENT BENJAMIN:   Read 

 4   the last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 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, 60.

13                ACTING PRESIDENT BENJAMIN:   The 

14   bill is passed.

15                THE SECRETARY:   Calendar Number 

16   431, Senate Print 3348, by Senator Hoylman, an 

17   act to amend the Business Corporation Law.

18                ACTING PRESIDENT BENJAMIN:   Read 

19   the last section.

20                THE SECRETARY:   Section 31.  This 

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

22   shall have become a law.

23                ACTING PRESIDENT BENJAMIN:   Call 

24   the roll.

25                (The Secretary called the roll.)


                                                               2133

 1                ACTING PRESIDENT BENJAMIN:    

 2   Announce the results.

 3                THE SECRETARY:   In relation to 

 4   Calendar Number 431, those Senators voting in the 

 5   negative are Senators Akshar, Amedore, Borrello, 

 6   Breslin, Funke, Griffo, Jordan, LaValle, Little, 

 7   O'Mara, Ortt, Robach, Seward and Tedisco.

 8                Ayes, 46.  Nays, 14.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   bill is passed.

11                THE SECRETARY:   Calendar Number 

12   449, Senate Print 180, by Senator Serrano, an act 

13   to amend the Parks, Recreation and Historic 

14   Preservation Law.

15                ACTING PRESIDENT BENJAMIN:   Read 

16   the last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect on the first of January.

19                ACTING PRESIDENT BENJAMIN:   Call 

20   the roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT BENJAMIN:    

23   Announce the results.

24                THE SECRETARY:   In relation to 

25   Calendar Number 449, voting in the negative:  


                                                               2134

 1   Senator Jordan.  

 2                Ayes, 59.  Nays, 1. 

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   bill is passed.

 5                THE SECRETARY:   Calendar Number 

 6   450, Senate Print 7274B, by Senator Serrano, an 

 7   act to amend the Parks, Recreation and Historic 

 8   Preservation Law.

 9                ACTING PRESIDENT BENJAMIN:   Read 

10   the last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect six months after it shall 

13   have become a law.

14                ACTING PRESIDENT BENJAMIN:   Call 

15   the roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT BENJAMIN:    

18   Announce the results.

19                THE SECRETARY:   Ayes, 60.

20                ACTING PRESIDENT BENJAMIN:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 

23   454, Senate Print 7728, by Senator Sepúlveda, an 

24   act to amend the Executive Law.

25                ACTING PRESIDENT BENJAMIN:   Read 


                                                               2135

 1   the last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT BENJAMIN:   Call 

 5   the roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT BENJAMIN:    

 8   Announce the results.

 9                THE SECRETARY:   Ayes, 60.

10                ACTING PRESIDENT BENJAMIN:   The 

11   bill is passed.

12                THE SECRETARY:   Calendar Number 

13   455, Senate Print 4759C, by Senator Kaminsky, an 

14   act to amend the Civil Practice Law and Rules.

15                ACTING PRESIDENT BENJAMIN:   Read 

16   the last section.

17                THE SECRETARY:   Section 4.  This 

18   act shall take effect on the first of November.

19                ACTING PRESIDENT BENJAMIN:   Call 

20   the roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT BENJAMIN:    

23   Announce the results.

24                THE SECRETARY:   In relation to 

25   Calendar Number 455, those Senators voting in the 


                                                               2136

 1   negative are Senators Borrello, Gallivan, Griffo, 

 2   Helming, Jordan, O'Mara, Ortt, Ranzenhofer, 

 3   Serino and Tedisco.

 4                Ayes, 50.  Nays, 10.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   bill is passed.

 7                THE SECRETARY:   Calendar Number 

 8   472, Assembly Print Number 8349, substituted 

 9   earlier by Assemblymember Ryan, an act to amend 

10   the Environmental Conservation Law.  

11                SENATOR GRIFFO:   Lay it aside.

12                ACTING PRESIDENT BENJAMIN:   Lay it 

13   aside.

14                THE SECRETARY:   Calendar Number 

15   474, Senate Print 6159, by Senator Brooks, an act 

16   to amend the Executive Law.

17                SENATOR GIANARIS:   Lay it aside for 

18   the day.

19                ACTING PRESIDENT BENJAMIN:   The 

20   bill will be laid aside for the day.

21                THE SECRETARY:   Calendar Number 

22   494, Senate Print 2773A, by Senator Comrie, an 

23   act to amend the Public Authorities Law.

24                ACTING PRESIDENT BENJAMIN:   Read 

25   the last section.


                                                               2137

 1                THE SECRETARY:   Section 3.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT BENJAMIN:   Call 

 4   the roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT BENJAMIN:    

 7   Announce the results.

 8                THE SECRETARY:   Ayes, 60.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   bill is passed.

11                THE SECRETARY:   Calendar Number 

12   513, Senate Print 7543A, by Senator Robach, an 

13   act to amend the Public Authorities Law.

14                ACTING PRESIDENT BENJAMIN:   Read 

15   the last section.

16                THE SECRETARY:   Section 3.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT BENJAMIN:   Call 

19   the roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT BENJAMIN:    

22   Announce the results.

23                THE SECRETARY:   Ayes, 60.

24                ACTING PRESIDENT BENJAMIN:   The 

25   bill is passed.


                                                               2138

 1                THE SECRETARY:   Calendar Number 

 2   515, Senate Print 3009, by Senator Funke, an act 

 3   to amend the General Municipal Law.

 4                ACTING PRESIDENT BENJAMIN:   Read 

 5   the last section.

 6                THE SECRETARY:   Section 3.  This 

 7   act shall take effect immediately.

 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, 60.

14                ACTING PRESIDENT BENJAMIN:   The 

15   bill is passed.

16                THE SECRETARY:   Calendar Number 

17   517, Senate Print 6359, by Senator Addabbo, an 

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

19   Breeding 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.


                                                               2139

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT BENJAMIN:    

 3   Announce the results.

 4                THE SECRETARY:   In relation to 

 5   Calendar Number 517, voting in the negative:  

 6   Senator Little.  

 7                Ayes, 59.  Nays, 1.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 

11   518, Senate Print 7719, by Senator Addabbo, an 

12   act to amend the Agriculture and Markets Law.

13                ACTING PRESIDENT BENJAMIN:   Read 

14   the last section.

15                THE SECRETARY:   Section 10.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT BENJAMIN:   Call 

18   the roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT BENJAMIN:    

21   Announce the results.

22                THE SECRETARY:   Ayes, 60.

23                ACTING PRESIDENT BENJAMIN:   The 

24   bill is passed.

25                THE SECRETARY:   Calendar Number 


                                                               2140

 1   527, Senate Print 7650, by Senator Mayer, an act 

 2   to amend the Education Law.

 3                ACTING PRESIDENT BENJAMIN:   Read 

 4   the last section.

 5                THE SECRETARY:   Section 7.  This 

 6   act shall take effect immediately.

 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, 60.

13                ACTING PRESIDENT BENJAMIN:   The 

14   bill is passed.

15                THE SECRETARY:   Calendar Number 

16   538, Senate Print 6828, by Senator Gounardes, an 

17   act to amend the Executive Law.

18                ACTING PRESIDENT BENJAMIN:   Read 

19   the last section.

20                THE SECRETARY:   Section 2.  This 

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

22   same manner as Chapter 161 of the Laws of 2019.

23                ACTING PRESIDENT BENJAMIN:   Call 

24   the roll.

25                (The Secretary called the roll.)


                                                               2141

 1                ACTING PRESIDENT BENJAMIN:    

 2   Announce the results.

 3                THE SECRETARY:   In relation to 

 4   Calendar Number 538, those Senators voting in the 

 5   negative are Senators Borrello, Helming, Jordan, 

 6   Lanza, O'Mara, Ortt and Seward.

 7                Ayes, 53.  Nays, 7.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 

11   546, Senate Print 2248A, by Senator Sanders, an 

12   act to create a Veterans' Mental Health and 

13   Suicide Prevention Task Force.

14                ACTING PRESIDENT BENJAMIN:   Read 

15   the last section.

16                THE SECRETARY:   Section 3.  This 

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

18   shall have become a law.

19                ACTING PRESIDENT BENJAMIN:   Call 

20   the roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT BENJAMIN:    

23   Announce the results.

24                THE SECRETARY:   Ayes, 60.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               2142

 1   bill is passed.

 2                THE SECRETARY:   Calendar Number 

 3   547, Senate Print 3669, by Senator Gianaris, an 

 4   act to amend the Public Authorities Law.

 5                ACTING PRESIDENT BENJAMIN:   Read 

 6   the last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT BENJAMIN:   Call 

10   the roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT BENJAMIN:    

13   Announce the results.

14                THE SECRETARY:   In relation to 

15   Calendar Number 547, those Senators voting in the 

16   negative are Senators Akshar, Amedore, Borrello, 

17   Boyle, Funke, Gallivan, Griffo, Helming, Jordan, 

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

19   Ritchie, Robach, Serino, Seward and Tedisco.

20                Ayes, 41.  Nays, 19.

21                ACTING PRESIDENT BENJAMIN:   The 

22   bill is passed.

23                THE SECRETARY:   Calendar Number 

24   555, Senate Print 6492B, by Senator Rivera, an 

25   act to amend the Public Health Law.


                                                               2143

 1                ACTING PRESIDENT BENJAMIN:   Read 

 2   the last section.

 3                THE SECRETARY:   Section 2.  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 555, voting in the negative:  

12   Senator Boyle.  

13                Ayes, 59.  Nays, 1.

14                ACTING PRESIDENT BENJAMIN:   The 

15   bill is passed.

16                THE SECRETARY:   Calendar Number 

17   560, Senate Print 7765, by Senator Serrano, an 

18   act to amend the Parks, Recreation and Historic 

19   Preservation Law.

20                ACTING PRESIDENT BENJAMIN:   Read 

21   the last section.

22                THE SECRETARY:   Section 3.  This 

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

24   shall have become a law.

25                ACTING PRESIDENT BENJAMIN:   Call 


                                                               2144

 1   the roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT BENJAMIN:    

 4   Announce the results.

 5                THE SECRETARY:   Ayes, 60.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   566, Senate Print 4089A, by Senator Thomas, an 

10   act to amend the Vehicle and Traffic Law and the 

11   Public Officers Law.

12                ACTING PRESIDENT BENJAMIN:   Read 

13   the last section.

14                THE SECRETARY:   Section 7.  This 

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

16   shall have become a law.

17                ACTING PRESIDENT BENJAMIN:   Call 

18   the roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT BENJAMIN:    

21   Announce the results.

22                THE SECRETARY:   In relation to 

23   Calendar Number 566, voting in the negative are 

24   Senators Akshar and Ranzenhofer.

25                Ayes, 58.  Nays, 2.


                                                               2145

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   bill is passed.

 3                THE SECRETARY:   Calendar Number 

 4   579, Senate Print 5151, by Senator Addabbo, an 

 5   act to amend the General Business Law.

 6                ACTING PRESIDENT BENJAMIN:   Read 

 7   the last section.

 8                THE SECRETARY:   Section 2.  This 

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

10   shall have become a law.

11                ACTING PRESIDENT BENJAMIN:   Call 

12   the roll.

13                (The Secretary called the roll.) 

14                ACTING PRESIDENT BENJAMIN:    

15   Announce the results.

16                THE SECRETARY:   In relation to 

17   Calendar Number 579, those Senators voting in the 

18   negative are Senators Amedore, Lanza and Skoufis.

19                Ayes, 57.  Nays, 3.

20                ACTING PRESIDENT BENJAMIN:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 

23   582, Senate Print 7712, by Senator May, an act to 

24   amend the Elder Law, the Executive Law, and the 

25   Administrative Code of the City of New York.


                                                               2146

 1                ACTING PRESIDENT BENJAMIN:   Read 

 2   the last section.

 3                THE SECRETARY:   Section 7.  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:   Ayes, 60.

11                ACTING PRESIDENT BENJAMIN:   The 

12   bill is passed.

13                THE SECRETARY:   Calendar Number 

14   589, Assembly Print Number 5630A, substituted 

15   earlier by Assemblymember Weinstein, an act to 

16   amend the General Obligations Law.

17                ACTING PRESIDENT BENJAMIN:   Read 

18   the last section.

19                THE SECRETARY:   Section 19.  This 

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

21   shall have become a law.

22                ACTING PRESIDENT BENJAMIN:   Call 

23   the roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT BENJAMIN:    


                                                               2147

 1   Announce the results.

 2                THE SECRETARY:   In relation to 

 3   Calendar Number 589, those Senators voting in the 

 4   negative are Senators Akshar, Amedore, Borrello, 

 5   Funke, Gallivan, Griffo, Helming, Jordan, 

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

 7   Robach, Serino, Seward and Tedisco.

 8                Ayes, 43.  Nays, 17.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   bill is passed.

11                THE SECRETARY:   Calendar Number 

12   591, Senate Print 7638, by Senator Comrie, an act 

13   to amend the Judiciary Law.

14                ACTING PRESIDENT BENJAMIN:   Read 

15   the last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT BENJAMIN:   Call 

19   the roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT BENJAMIN:    

22   Announce the results.

23                THE SECRETARY:   Ayes, 60.

24                ACTING PRESIDENT BENJAMIN:   The 

25   bill is passed.


                                                               2148

 1                THE SECRETARY:   Calendar Number 

 2   605, Assembly Print Number 5370A, substituted 

 3   earlier by Assemblymember Solages, an act to 

 4   amend the Public Health Law.

 5                ACTING PRESIDENT BENJAMIN:   Read 

 6   the last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect on the first of January.

 9                ACTING PRESIDENT BENJAMIN:   Call 

10   the roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT BENJAMIN:    

13   Announce the results.

14                THE SECRETARY:   Ayes, 60.

15                ACTING PRESIDENT BENJAMIN:   The 

16   bill is passed.

17                THE SECRETARY:   Calendar Number 

18   610, Senate Print 3415A, by Senator Martinez, an 

19   act to amend the Social Services Law.

20                ACTING PRESIDENT BENJAMIN:   Read 

21   the last section.

22                THE SECRETARY:   Section 6.  This 

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

24   shall have become a law.

25                ACTING PRESIDENT BENJAMIN:   Call 


                                                               2149

 1   the roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT BENJAMIN:    

 4   Announce the results.

 5                THE SECRETARY:   In relation to 

 6   Calendar Number 610, voting in the negative:  

 7   Senator Akshar.

 8                Ayes, 59.  Nays, 1.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   bill is passed.

11                THE SECRETARY:   Calendar Number 

12   611, Senate Print 6222, by Senator Martinez, an 

13   act to amend the Domestic Relations Law.

14                ACTING PRESIDENT BENJAMIN:   Read 

15   the last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT BENJAMIN:   Call 

19   the roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT BENJAMIN:    

22   Announce the results.

23                THE SECRETARY:   In relation to 

24   Calendar Number 611, those Senators voting in the 

25   negative are Senators Akshar, Funke and Ortt.


                                                               2150

 1                Ayes, 57.  Nays, 3.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   bill is passed.

 4                THE SECRETARY:   Calendar Number 

 5   612, Senate Print 1672A, by Senator Brooks, an 

 6   act to amend the Mental Hygiene Law.

 7                ACTING PRESIDENT BENJAMIN:   Read 

 8   the last section.

 9                THE SECRETARY:   Section 2.  This 

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

11   shall have become a law.

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:   Ayes, 60.

18                ACTING PRESIDENT BENJAMIN:   The 

19   bill is passed.

20                Senator Gianaris.

21                SENATOR GIANARIS:   Mr. President, 

22   can we return to Calendar Number 219, which was 

23   laid aside temporarily.

24                ACTING PRESIDENT BENJAMIN:   The 

25   Secretary will read.


                                                               2151

 1                THE SECRETARY:   Calendar Number 

 2   219, Senate Print 6214, by Senator Montgomery, an 

 3   act to amend the Family Court Act.

 4                ACTING PRESIDENT BENJAMIN:   Read 

 5   the last section.

 6                THE SECRETARY:   Section 4.  This 

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

 8   shall have become a law.

 9                ACTING PRESIDENT BENJAMIN:   Call 

10   the roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT BENJAMIN:    

13   Senator Montgomery to explain her vote.

14                SENATOR MONTGOMERY:   Yes, thank 

15   you, Mr. President.

16                I have on the calendar today this 

17   bill, along with another bill, that I am 

18   considering as part of our strengthening the 

19   family legislation.

20                This particular bill, as one that is 

21   related to another one that we passed earlier 

22   this year -- and it was eventually passed in the 

23   budget -- to reform the state child registry law.  

24   And so in that instance, we strengthened the 

25   requirements for reporting someone who would end 


                                                               2152

 1   up on the statewide central child registry -- 

 2   register.

 3                This bill, related to that law, 

 4   provides an opportunity for the Family Court Act 

 5   to allow for a procedure that is often used in 

 6   criminal court, in criminal law, called the 

 7   adjournment in contemplation of dismissal, or the 

 8   ACD.  It also provides for the possibility of an 

 9   extension through a suspended judgment of the 

10   ACD, which ultimately allows for the judge to be 

11   able to provide an opportunity for a person, 

12   particularly a parent, to be able to rectify 

13   possible problems that have brought them to the 

14   point where they have been reported as having 

15   abused or neglected their children.

16                So ultimately there is a possibility 

17   that during the course of a year -- or, in a 

18   suspended judgment, more than a year -- that a 

19   person can avoid the possibility of losing their 

20   children, possibly for long periods of time, and 

21   in many instances for the rest of their lives, 

22   the children's lives, until they're out of foster 

23   care.

24                So this bill will allow for us to 

25   avoid in many instances placement of children out 


                                                               2153

 1   of their homes, away from their parents, because 

 2   there is an opportunity for them to have a second 

 3   chance.

 4                The second bill also strengthens 

 5   families, because as you know, Mr. President, 

 6   there are 100,000 children in the State of 

 7   New York with at least one parent who is 

 8   incarcerated.  And we also understand that it is 

 9   important for both the children and their parent 

10   to maintain a relationship even though one parent 

11   may be incarcerated, so that the children are not 

12   actually being forced to pay the price of 

13   whatever it was that got the parent to be 

14   incarcerated.

15                So this bill would require that 

16   DOCCS consider the fact that when a person is 

17   being placed for their final placement, after the 

18   initial point where people actually are receiving 

19   their -- when you are incarcerated, there are 

20   receiving facilities, that's five or six of them 

21   in the state.  Once you go through the process of 

22   evaluation vis-a-vis the receiving institutions, 

23   you are then given a more permanent, quote, 

24   unquote, placement.

25                We're asking DOCCS to make sure that 


                                                               2154

 1   when they decide on the placement of people, they 

 2   consider the fact that they do have children and 

 3   family and that they are placed in facilities 

 4   that are as close as possible to the point where 

 5   their families are located.

 6                And just to give you an example, one 

 7   of the facilities -- one of the three facilities 

 8   for women in our state is 375 miles from New York 

 9   City.  So any woman who ends up at Albion is 

10   375 miles from her family and probably her 

11   children.  And some of the facilities for men are 

12   as much as 400 miles.  

13                And, Mr. President, if you are 

14   visiting someone in any facility, you must be 

15   there by a certain time.  Otherwise, you're not 

16   allowed to go in to visit.

17                So it requires, therefore, if 

18   someone ends up from New York City and they end 

19   up at an Albion or an Auburn or a Clinton or one 

20   of those places that's 400 miles away, you have 

21   to go the night before.  Because it's very hard, 

22   unless you leave at 3 a.m. in the morning, to get 

23   to a facility in time.

24                So these -- both of these are meant 

25   to strengthen the possible bond between parent 


                                                               2155

 1   and their children even when the parents have 

 2   made a mistake.  We want to allow for a 

 3   rebuilding and a strengthening and a continuing 

 4   to have that kind of relationship that we think 

 5   and we know is the best situation for both 

 6   parents or children.

 7                So I thank the leader for bringing 

 8   this and the staff for bringing these two bills 

 9   to the floor today.  And I believe that if this 

10   becomes law, ultimately, we are turning the 

11   corner on how we support families, even families 

12   who are in trouble.

13                So thank you, Mr. President.  I vote 

14   aye.

15                ACTING PRESIDENT BENJAMIN:    

16   Senator Montgomery to be recorded in the 

17   affirmative.

18                Announce the results.

19                THE SECRETARY:   In relation to 

20   Calendar Number 419, those Senators voting in the 

21   negative are Senators Akshar, Borrello, Gallivan, 

22   Griffo, Helming, Jordan, Lanza, O'Mara, Ortt, 

23   Ritchie, Serino, Seward and Tedisco.

24                Ayes, 47.  Nays, 13.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               2156

 1   bill is passed.

 2                Senator Gianaris, that completes the 

 3   reading of today's calendar.

 4                SENATOR GIANARIS:   Can we now take 

 5   up the controversial calendar, please.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   Secretary will ring the bell.

 8                The Secretary will read.

 9                THE SECRETARY:   Calendar Number 

10   311, Assembly Print Number 9538, by 

11   Assemblymember Gottfried, an act to amend the 

12   Social Services Law and the Public Health Law.

13                ACTING PRESIDENT BENJAMIN:   Senator 

14   Griffo, why do you rise?

15                SENATOR GRIFFO:   Mr. President, I 

16   believe there is an amendment at the desk.  I ask 

17   that the reading be waived and that you call upon 

18   Senator Helming.

19                ACTING PRESIDENT BENJAMIN:   Thank 

20   you, Senator Griffo.  

21                Upon review of the amendment, in 

22   accordance with Rule 6, Section 4B, I rule it 

23   nongermane and out of order at this time.

24                SENATOR GRIFFO:   In accordance with 

25   your ruling there, Mr. President, I then ask that 


                                                               2157

 1   we appeal that ruling and that Senator Helming be 

 2   recognized for that appeal.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   appeal has been made and recognized, and 

 5   Senator Helming may be heard.

 6                SENATOR HELMING:   Thank you, 

 7   Mr. President.

 8                This resolution is germane, as it 

 9   relates to health and health issues within our 

10   state.  

11                The legislation that's before this 

12   body right now would amend the Executive Law to 

13   eliminate the very extremely expansive authority 

14   that was previously given to the Governor to 

15   issue any directive necessary during a state 

16   disaster emergency.

17                I believe we can all agree in times 

18   of crisis, decisions must often be made quickly, 

19   but they should not and they should never be made 

20   in a way that undermines the very foundation of 

21   our democracy and disrupts the very delicate 

22   system of checks and balances.

23                As we all know, the power to create 

24   laws is a multi-step process.  Both the 

25   Legislature and the Executive have distinct roles 


                                                               2158

 1   to fulfill.  Over the last several weeks I've 

 2   heard colleagues on both sides of the aisle 

 3   express concern that no Governor, no Governor, 

 4   regardless of political party, should have the 

 5   ability to make hundreds of unilateral decisions 

 6   without input or votes from the Legislature.  Yet 

 7   we all know this is exactly what's happening in 

 8   our state.

 9                Since the beginning of the COVID-19 

10   pandemic, our Governor has unilaterally enacted 

11   or changed hundreds of laws.  New Yorkers from 

12   the Bronx to Buffalo, from Staten Island to 

13   Saratoga and beyond have expressed their concern 

14   with this process.  They want to know that their 

15   Senators who they have elected have a say and the 

16   vote in the decisions being made -- decisions 

17   that impact their families in the most profound 

18   ways.  

19                Just think about that for a moment.  

20   Whether it's making a decision about your child's 

21   education, whether it's making a decision about a 

22   loved one's long-term care, maybe placing them 

23   into a nursing home and trying to balance that 

24   tough decision, or whether it's about a 

25   work-related job issue.  Our constituents did not 


                                                               2159

 1   vote solely for Governor.  They voted for us.  We 

 2   live in the districts with them.  We understand 

 3   the unique priorities, the needs and the 

 4   circumstances of our districts and the people who 

 5   live there.  And most importantly, we understand 

 6   the consequences rule-making has on the lives of 

 7   those we serve.  

 8                Mr. President, today I call on my 

 9   colleagues on both sides of the aisle to be 

10   bold -- be bold -- and take action.  It's time 

11   for us to join together, as members of the 

12   New York State Senate and take back our authority 

13   and be wholly accountable to the people we were 

14   elected to represent.  We must take back our 

15   authority and we must continue to be wholly 

16   accountable to the people we represent.  

17                Thank you, Mr. President.  I ask 

18   that you reconsider and rule this resolution 

19   germane.

20                ACTING PRESIDENT BENJAMIN:   Thank 

21   you, Senator Helming.

22                I want to remind the house that the 

23   vote is on the procedures of the house and the 

24   ruling of the chair.

25                Those in favor of overruling the 


                                                               2160

 1   chair signify by saying aye.  

 2                (Response of "Nay.")  

 3                The ruling of the chair stands, and 

 4   the bill in chief --  

 5                SENATOR GRIFFO:   I ask for a show 

 6   of hands, virtually and present.

 7                ACTING PRESIDENT BENJAMIN:   Senator 

 8   Gianaris.

 9                SENATOR GIANARIS:   Mr. President, 

10   allow the record to reflect, by unanimous 

11   consent, that all 20 of the Minority Conference 

12   has raised their hands.

13                ACTING PRESIDENT BENJAMIN:   

14   Announce the results.

15                THE SECRETARY:   Ayes, 20.

16                ACTING PRESIDENT BENJAMIN:   The 

17   ruling of the chair stands, and the bill-in-chief 

18   is before the house.

19                Are there any other Senators wishing 

20   to be heard?

21                Seeing and hearing none, the debate 

22   is closed.  

23                The Secretary will ring the bell.

24                Read the last section.

25                THE SECRETARY:   Section 3.  This 


                                                               2161

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

 2   shall have become a law.

 3                ACTING PRESIDENT BENJAMIN:   Call 

 4   the roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT BENJAMIN:    

 7   Announce the results.

 8                THE SECRETARY:   In relation to 

 9   Calendar Number 311, those Senators voting in the 

10   negative are Senators Borrello and Funke.

11                Ayes, 58.  Nays, 2.

12                ACTING PRESIDENT BENJAMIN:   The 

13   bill is passed.

14                THE SECRETARY:   Calendar Number 

15   325, Senate Print 4234A, by Senator Gianaris, an 

16   act to amend the Agriculture and Markets Law and 

17   the General Business Law.

18                SENATOR O'MARA:   Explanation, 

19   please. 

20                ACTING PRESIDENT BENJAMIN:   Senator 

21   O'Mara.

22                SENATOR O'MARA:   I request an 

23   explanation, please, Mr. President.  

24                ACTING PRESIDENT BENJAMIN:   Are you 

25   asking the sponsor to yield for a question?


                                                               2162

 1                SENATOR O'MARA:   To explain the 

 2   bill.

 3                ACTING PRESIDENT BENJAMIN:   Oh.  

 4   Oh.  Senator O'Mara to -- wait.

 5                SENATOR O'MARA:   I am requesting 

 6   Senator Gianaris, the sponsor, to explain his 

 7   bill, please, Mr. President.

 8                ACTING PRESIDENT BENJAMIN:   Does 

 9   the sponsor yield?

10                SENATOR GIANARIS:   Yes.

11                ACTING PRESIDENT BENJAMIN:   The 

12   sponsor yields.

13                SENATOR GIANARIS:   Thank you, 

14   Mr. President.  Thank you, Senator O'Mara. 

15                SENATOR O'MARA:   I know we're a 

16   little out of practice here.

17                (Laughter.)

18                ACTING PRESIDENT BENJAMIN:   Well, 

19   you still have to ask the sponsor to yield.

20                Go ahead.  

21                SENATOR GIANARIS:   This bill is 

22   intended to combat the scourge of puppy mills 

23   throughout the country that abuse animals and -- 

24   in a way that if most people had seen or were 

25   aware of they would be shocked to know that the 


                                                               2163

 1   dogs, the cats and even the rabbits that we love 

 2   as members of our extended family, our pets, are 

 3   often the result of a horrible, horrible, cruel 

 4   system of breeding that often leads to not only 

 5   the death of animals at the mills, but in 

 6   ailments to the animals that are then purchased 

 7   by consumers into their homes.  

 8                Oftentimes that leads to thousands 

 9   and thousands of dollars of medical bills because 

10   of the horrible upbringing that these animals 

11   have, and it leads to all sorts of medical 

12   problems.

13                And we are trying to make New York 

14   the third state in the country to take this 

15   approach.  Both Maryland and California have 

16   banned the retail sale of these types of animals, 

17   and we are doing the same here in New York.

18                The pet stores would still be 

19   permitted to partner up with not-for-profit 

20   rescue agencies and have animals in their shops 

21   that can be adopted out.  But we are trying to 

22   encourage rescues and combat the awfulness of 

23   some of the puppy mills that exist throughout the 

24   country.

25                I also want to point out that people 


                                                               2164

 1   that are interested in having a particular breed 

 2   of dog or want to deal with a reputable breeder 

 3   would still be permitted to do that under this 

 4   bill.  There would be no prohibition on people 

 5   purchasing animals from breeders, but they would 

 6   have to deal directly with the breeder, not 

 7   through the middleman of a retail store.

 8                SENATOR O'MARA:   Mr. President, 

 9   will the sponsor yield for a question.

10                ACTING PRESIDENT BENJAMIN:   Does 

11   the sponsor yield?

12                SENATOR GIANARIS:   Yes.

13                ACTING PRESIDENT BENJAMIN:   The 

14   sponsor yields.

15                SENATOR O'MARA:   Senator Gianaris, 

16   you mentioned the description "puppy mills."  And 

17   I wholeheartedly agree that there are some 

18   abhorrent puppy mills in our state and across the 

19   country with horrendous conditions for the 

20   animals that we're dealing with here -- dogs, 

21   cats and rabbits.

22                However, your legislation before us 

23   does not even mention the word "puppy mill."  Do 

24   you have a definition of what a puppy mill is?

25                SENATOR GIANARIS:   Senator O'Mara, 


                                                               2165

 1   the reason that's the case is because the 

 2   approach that we are taking is to cut off the -- 

 3   what we call the puppy mill pipeline.

 4                The retail shops that tend to sell 

 5   puppies and kittens, the ones that you see 

 6   prancing in the window as you walk down the 

 7   street, are overwhelmingly supplied by 

 8   out-of-state breeders, over whom we have no 

 9   jurisdiction.  And what has been effective in 

10   other states is to cut off the demand for those 

11   animals.  

12                Because I've got to tell you, I was 

13   startled to -- as I dug into this issue, to 

14   review some of the records of inspections and 

15   violations that some of these breeders had -- 

16   awful, awful things like shooting female dogs 

17   when they are no longer capable of breeding, just 

18   executing them summarily because they didn't 

19   provide any additional monetary value to the 

20   owner of the mill.

21                To answer your question more 

22   directly, puppy mills are not strictly defined in 

23   this bill because they're kind of a term of art 

24   that refers to these operations around the 

25   country that just have awful records of 


                                                               2166

 1   mistreating their animals -- cramped conditions, 

 2   dirty conditions, matted hair, and yes, the death 

 3   of too many animals and the sickness of a lot of 

 4   others.

 5                SENATOR O'MARA:   If the sponsor 

 6   would yield for another question, Mr. President.

 7                ACTING PRESIDENT BENJAMIN:   Does 

 8   the sponsor yield?

 9                SENATOR GIANARIS:   Yes.

10                ACTING PRESIDENT BENJAMIN:   The 

11   sponsor yields.

12                SENATOR O'MARA:   As I stated 

13   before, Senator, I have no disagreement with you 

14   on the abhorrent nature of certain so-called 

15   puppy mills.  

16                But I think we should be dealing 

17   with puppy mills, and eradicating those, rather 

18   than how -- we'll get into a couple of questions 

19   about the pet store and what can be done now.  So 

20   I don't disagree with you there, but I think 

21   we're going about it the wrong way.

22                You mentioned in the legislation a 

23   pet dealer.  Can you define for me what a pet 

24   dealer is?

25                SENATOR GIANARIS:   I believe "pet 


                                                               2167

 1   dealer" is defined in the Agriculture and Markets 

 2   Law.  And it's in Section 752 -- Section 752 

 3   actually of the General Business Law defines "pet 

 4   dealer," Senator O'Mara.  

 5                Would you like me to read it to you?  

 6                SENATOR O'MARA:   Which section are 

 7   you looking at?  

 8                SENATOR GIANARIS:   Section 752 of 

 9   the General Business Law.

10                SENATOR O'MARA:   Is that Section 5 

11   of your bill here?  

12                SENATOR GIANARIS:   I believe it's 

13   Section 4 of the bill.  Section 5 defines "retail 

14   pet shop."

15                SENATOR O'MARA:   Oh, above that 

16   one.  Okay, so a pet dealer is anybody who 

17   engages in selling or offering for sale more than 

18   nine animals a year.  That's the definition we're 

19   using here?  

20                SENATOR GIANARIS:   Nine animals per 

21   year for profit.

22                SENATOR O'MARA:   So through you, 

23   Mr. President, if the sponsor will yield.

24                ACTING PRESIDENT BENJAMIN:   Does 

25   the sponsor yield?


                                                               2168

 1                SENATOR GIANARIS:   Yes.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   sponsor yields.

 4                SENATOR O'MARA:   It goes on further 

 5   in Section 6 of your bill, and there's references 

 6   to breeders.  Can you clarify for us what the 

 7   distinction is between a breeder -- a pet breeder 

 8   and a pet dealer?

 9                SENATOR GIANARIS:   As defined, a 

10   pet breeder means someone who breeds animals.  

11   And they are included within the definition of 

12   pet dealer when a breeder sells more than nine 

13   animals per year for profit to the public.

14                SENATOR O'MARA:   Through you, 

15   Mr. President, if the sponsor will yield.

16                ACTING PRESIDENT BENJAMIN:   Does 

17   the sponsor yield?

18                SENATOR GIANARIS:   Yes.

19                ACTING PRESIDENT BENJAMIN:   The 

20   sponsor yields.  

21                SENATOR O'MARA:   So then can a pet 

22   breeder who produces eight of those pets in a 

23   year, can that pet dealer or breeder sell those 

24   to a retail pet shop?

25                SENATOR GIANARIS:   The way I would 


                                                               2169

 1   answer that question, Senator O'Mara, is that the 

 2   restrictions of the bill are on retail pet shops, 

 3   not so much on the pet dealers or breeders.

 4                So the bill in Section --

 5                SENATOR O'MARA:   My question is, 

 6   Senator, can a retail pet shop sell a pet that 

 7   was bred by a pet breeder that produced less than 

 8   nine of those pets that given year?

 9                SENATOR GIANARIS:   My 

10   understanding -- and what I was -- the way I was 

11   trying to answer your question was that the bill 

12   restricts retail shops, retail pet shops from 

13   selling -- let me get the terms here -- selling, 

14   offering to sell, bartering, auctioning or 

15   otherwise transferring ownership of any dog, cat 

16   or rabbit.  So that's regardless of how many 

17   animals a particular breeder might be producing 

18   for sale.

19                SENATOR O'MARA:   So through you, 

20   Mr. President, if the sponsor will yield.

21                ACTING PRESIDENT BENJAMIN:   Will 

22   the sponsor yield?

23                SENATOR GIANARIS:   Yes.

24                ACTING PRESIDENT BENJAMIN:   The 

25   sponsor yields.


                                                               2170

 1                SENATOR O'MARA:   So then in the 

 2   Section 4 where it talks about offering for sale 

 3   more than nine animals for profit in a year, it 

 4   really has no distinction in this legislation 

 5   because a pet dealer that produced or offered for 

 6   sale only eight of such animals could not put 

 7   them -- offer them for sale to somebody that owns 

 8   a pet shop.

 9                SENATOR GIANARIS:   That's correct.

10                The definition of pet dealer that 

11   you're looking at in Section 4 is already in law.  

12   We're not doing anything to that other than 

13   clarifying that it does not include the term 

14   "retail pet shop," which is what we're actually 

15   regulating.

16                SENATOR O'MARA:   Through you, 

17   Mr. President.

18                ACTING PRESIDENT BENJAMIN:   Does 

19   the sponsor yield?

20                SENATOR GIANARIS:   Yes.

21                ACTING PRESIDENT BENJAMIN:   The 

22   sponsor yields.  

23                SENATOR O'MARA:   So is it accurate 

24   to say, then, that anybody who breeds a dog, a 

25   cat or a rabbit, even if they breed one of them, 


                                                               2171

 1   and they want to sell it, it can't be sold in a 

 2   retail pet shop?

 3                SENATOR GIANARIS:   That's correct.  

 4   But those animals could be offered for sale 

 5   directly to consumers.

 6                SENATOR O'MARA:   Does this -- 

 7   through you, Mr. Speaker.

 8                ACTING PRESIDENT BENJAMIN:   Does 

 9   the sponsor yield?

10                SENATOR GIANARIS:   Yes.

11                ACTING PRESIDENT BENJAMIN:   The 

12   sponsor yields.

13                SENATOR O'MARA:   Does this 

14   legislation restrict the sale or offering for 

15   sale of animals by a pet dealer that breeds more 

16   than nine animals in a year, does this restrict 

17   them selling them directly to the public?  

18                SENATOR GIANARIS:   Wait, I'm sorry, 

19   the breeders, you're saying?  I misunderstood 

20   your question, Senator.  

21                SENATOR O'MARA:   A pet dealer, 

22   which I think we've kind of agreed is the same as 

23   a pet breeder --

24                SENATOR GIANARIS:   A breeder is 

25   included in the definition of dealer, among other 


                                                               2172

 1   things, yes. 

 2                SENATOR O'MARA:   So a pet dealer or 

 3   a pet breeder that breeds more than nine of such 

 4   animals during a year, are they restricted from 

 5   selling them to the public directly?

 6                SENATOR GIANARIS:   Outside of the 

 7   retail pet shop, no, it does not restrict them.  

 8   In other words, they can sell directly to 

 9   consumers.

10                SENATOR O'MARA:   So a pet dealer -- 

11   through you, Mr. Speaker.  

12                ACTING PRESIDENT BENJAMIN:   Does 

13   the sponsor yield?

14                SENATOR GIANARIS:   Yes.

15                ACTING PRESIDENT BENJAMIN:   The 

16   sponsor yields.

17                SENATOR O'MARA:   So is it accurate 

18   to say, then, that one of these so-called puppy 

19   mills that breeds hundreds of these pets in an 

20   annual given year can still market those pets to 

21   the general public, they just can't sell them 

22   through a pet shop?  

23                SENATOR GIANARIS:   Right.  The 

24   whole idea, Senator O'Mara, is that the 

25   individual who's looking to take an animal into 


                                                               2173

 1   their home, if they see with their own eyes the 

 2   horrible conditions  of a puppy mill, as opposed 

 3   to a legitimate breeder, they can make a judgment 

 4   as to whether that's a wise decision or whether 

 5   they want to take an animal that's been subject 

 6   to abuse or the result of an abusive environment 

 7   into their home, versus someone who is handling 

 8   the animals in a more responsible way.  

 9                The entire point is that we want the 

10   direct consumer interaction.  Because when 

11   someone's walking down Main Street and they look 

12   in a window and there's a cute puppy, they have 

13   no idea where that animal came from or what 

14   condition it was bred in.

15                SENATOR O'MARA:   Through you, 

16   Mr. Speaker.  

17                ACTING PRESIDENT BENJAMIN:   Does 

18   the sponsor yield?

19                SENATOR GIANARIS:   Yes.

20                ACTING PRESIDENT BENJAMIN:   The 

21   sponsor yields.

22                SENATOR O'MARA:   So a pet dealer or 

23   a pet breeder could set up their own shop for the 

24   sale of their own bred animals; correct?

25                SENATOR GIANARIS:   I still don't 


                                                               2174

 1   understand the question.  You mean set up their 

 2   own retail establishment or --

 3                SENATOR O'MARA:   They can raise 

 4   animals, the dog, the cat or the rabbit, they can 

 5   offer them for general sale to the public, and 

 6   they can have a facility where they sell those 

 7   from.

 8                SENATOR GIANARIS:   At the moment 

 9   when they become a retail pet shop, they will be 

10   regulated as a retail pet shop under this bill 

11   when they have a storefront and they're selling 

12   at retail.

13                As opposed to someone who's a 

14   backyard breeder or who's breeding at home.

15                SENATOR O'MARA:   Through you, 

16   Mr. President.

17                ACTING PRESIDENT BENJAMIN:   Does 

18   the sponsor yield?

19                SENATOR GIANARIS:   Yes.

20                ACTING PRESIDENT BENJAMIN:   The 

21   sponsor yields.

22                SENATOR O'MARA:   How do you draw a 

23   distinction between an individual that's breeding 

24   in their backyard six, seven or eight in a litter 

25   as opposed to somebody who is breeding hundreds 


                                                               2175

 1   of these pets in their backyard?

 2                SENATOR GIANARIS:   The definition 

 3   of retail pet shop is in Section 5 of the bill.  

 4   It means a for-profit establishment open to the 

 5   public that sells or offers for sale animals to 

 6   be kept as household pets, pet food, or supplies.

 7                SENATOR O'MARA:   Through you, 

 8   Mr. Speaker.

 9                ACTING PRESIDENT BENJAMIN:   Does 

10   the sponsor yield?

11                SENATOR GIANARIS:   Yes.

12                ACTING PRESIDENT BENJAMIN:   The 

13   sponsor yields.  

14                SENATOR O'MARA:   So then can a pet 

15   breeder -- let me rephrase that, Mr. Speaker.  

16                How does a pet breeder offer for 

17   sale an animal that they have bred?

18                SENATOR GIANARIS:   I think the 

19   distinction which -- I think you're trying to 

20   find the distinction between a breeder and a 

21   retail pet shop.  

22                And I would say the distinction 

23   comes in whether the establishment is open to the 

24   public as opposed to someone who requires someone 

25   to make an appointment to come visit and look at 


                                                               2176

 1   the animals.

 2                SENATOR O'MARA:   Mr. Speaker, 

 3   through you.

 4                ACTING PRESIDENT BENJAMIN:   Does 

 5   the sponsor yield?

 6                SENATOR GIANARIS:   Yes.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   sponsor yields.

 9                SENATOR O'MARA:   So the pet 

10   breeder/reprehensible puppy mill operator can 

11   offer their puppies for sale through the 

12   internet, online, you just need to make an 

13   appointment to come get it.  And that appointment 

14   could be at the breeder's beautiful little 

15   farmhouse and have no association or visibility 

16   to the actual horrid conditions that these 

17   animals are bred in.  Correct?  

18                SENATOR GIANARIS:   Except if 

19   somebody is trying to bypass the law or the 

20   intent of the law, that could be a question of 

21   enforcement.  And if Senator O'Mara wants to 

22   suggest amendments to make this even stronger and 

23   tougher, I'm open to discussing that with him.

24                SENATOR O'MARA:   On the bill, 

25   Mr. Speaker.


                                                               2177

 1                ACTING PRESIDENT BENJAMIN:   Senator 

 2   O'Mara on the bill.

 3                SENATOR O'MARA:   I think this is a 

 4   laudable goal in dealing with the puppy mill, 

 5   so-called puppy mill issues that we have.  And we 

 6   do have them, I wholeheartedly agree, and these 

 7   conditions are horrendous, they're abominable 

 8   conditions in which these animals are kept, in 

 9   which they're forced to breed again and again and 

10   again.

11                But this legislation doesn't get at 

12   that.  This legislation just makes it more 

13   difficult for pet shop owners, for true dog 

14   breeders that are breeding pedigree animals from 

15   being able to sell those well-bred, 

16   well-cared-for, top-of-the-line animals through 

17   pet stores.

18                I agree with the concept of pet 

19   stores offering for sale animals from shelters, 

20   and that should be done.  This bill does nothing 

21   here to prevent puppy mills from operating or to 

22   allow a legitimate animal breeder from offering 

23   their product, their bred purebred animals 

24   through a retail pet store.  I think that saying 

25   that if somebody comes and sees a puppy mill, 


                                                               2178

 1   they're not going to want to buy that puppy -- 

 2   and I would agree a thousand percent.  But when I 

 3   call and say I want to come pick out a puppy that 

 4   you've got, they're going to say, Okay, come to 

 5   this address.  

 6                And there may be a gigantic barn out 

 7   behind, maybe a tiny barn with a hundred crates 

 8   stacked on top of each other, or 200 crates -- 

 9   but I'm invited into their home to look at 

10   probably a half a dozen puppies in a little cage 

11   in a room that looks great.  This doesn't expose 

12   me to the horrendous puppy mill activities behind 

13   the scenes.  This legislation does nothing to get 

14   at that.  Therefore, I would urge a no vote on 

15   this legislation.

16                Thank you, Mr. President.

17                ACTING PRESIDENT BENJAMIN:   Are 

18   there any other Senators wishing to be heard?

19                Seeing and hearing none, debate is 

20   closed.  

21                The Secretary will ring the bell.

22                Read the last section.

23                THE SECRETARY:   Section 7.  This 

24   act shall take effect one year after it shall 

25   have become a law.


                                                               2179

 1                ACTING PRESIDENT BENJAMIN:   Call 

 2   the roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT BENJAMIN:   Senator 

 5   Gianaris to explain his vote.

 6                SENATOR GIANARIS:   Thank you, 

 7   Mr. President.

 8                Let me thank Senator O'Mara for his 

 9   thoughtful questions.  

10                This is an important bill.  And I 

11   think most people don't appreciate how necessary 

12   it is, because what the public is typically 

13   exposed to is the classic puppy in the window in 

14   a store that looks super-cute and entices people 

15   to come in and buy the animal.

16                What they don't know is what goes on 

17   behind the scenes to get that puppy there, and 

18   the brutal, awful conditions that have occurred 

19   as a result of the puppy mills around the 

20   country, where they don't consider that these 

21   animals are living beings that we end up loving 

22   as members of our families, but treat them as 

23   commodities:  How many can they produce in a day 

24   to get them out into those windows so they can 

25   make more and more money.  Treating animals as if 


                                                               2180

 1   cans of soup on a shelf as opposed to sentient 

 2   beings that have feelings.

 3                And what struck me as I was going 

 4   through this -- because I heard a lot from owners 

 5   of pet stores.  And every time I heard from one 

 6   of them, I went back and researched the 

 7   violations from their suppliers.  And I was 

 8   aghast to see what had happened in some of these 

 9   places -- places where females were shot in the 

10   head, executed, simply because they were no 

11   longer capable of giving birth.  Dirty 

12   conditions, medical needs that were going unmet.  

13   Matted hair, fleas, animals lying in their own 

14   feces.  Because these people are not looking at 

15   these animals as lives to be respected, but as a 

16   way to make more and more money.

17                And so what we're trying to do here 

18   today is what California and Maryland have 

19   already done, which is say let's cut that off.  

20   If somebody wants to go deal with a breeder, let 

21   them go see with their own eyes what happens at 

22   that breeder's location.  Let's not allow the 

23   shops to dress them up and put them in a window 

24   and disguise that from people.

25                Because it's not just the cruelty to 


                                                               2181

 1   the animal, it's also a bottom-line question for 

 2   the consumer who ends up oftentimes getting 

 3   animals that are sick, requires thousands of 

 4   dollars of medical care that they did not know 

 5   would be necessary at the outset.

 6                And I'm certainly sympathetic to the 

 7   business needs, but the industry makes 2 percent 

 8   of its revenue from the sale of animals.  

 9   Ninety-eight percent of the revenue for the 

10   industry comes from the sale of product -- food, 

11   cat food, dog food, supplies, litter boxes, 

12   leashes, et cetera.

13                So yes, there may be some businesses 

14   that need to rethink their business model and 

15   focus more on the 98 percent of revenue that the 

16   industry typically gets from those things, as 

17   opposed to the 2 percent that comes from the sale 

18   of animals, which is often the result of 

19   incredible, incredible cruelty.

20                And so I want to thank my colleagues 

21   for their support of this legislation today, and 

22   hopefully it will take a big step forward towards 

23   treating our beloved four-legged friends with the 

24   respect that they deserve.

25                I vote yes, Mr. President.  


                                                               2182

 1                ACTING PRESIDENT BENJAMIN:   Senator 

 2   Gianaris to be recorded in the affirmative.

 3                Announce the results.

 4                THE SECRETARY:   In relation to 

 5   Calendar Number 325, those Senators voting in the 

 6   negative are Senators Akshar, Amedore, Borrello, 

 7   Funke, Griffo, Jordan, Little, O'Mara, Ortt, 

 8   Ranzenhofer, Ritchie and Seward.

 9                Ayes, 48.  Nays, 12.

10                ACTING PRESIDENT BENJAMIN:   The 

11   bill is passed.

12                THE SECRETARY:   Calendar Number 

13   472, Assembly Print Number 8349, by 

14   Assemblymember Ryan, an act to amend the 

15   Environmental Conservation Law.

16                ACTING PRESIDENT BENJAMIN:   Senator 

17   O'Mara.

18                SENATOR O'MARA:   Thank you, 

19   Mr. President.  Would the sponsor provide an 

20   explanation, please.

21                ACTING PRESIDENT BENJAMIN:   Does 

22   the sponsor yield for a question?  

23                SENATOR HARCKHAM:   Absolutely, 

24   Mr. President.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               2183

 1   sponsor yields.

 2                SENATOR O'MARA:   I asked for an 

 3   explanation, Mr. President.

 4                ACTING PRESIDENT BENJAMIN:   He has 

 5   to yield first.

 6                SENATOR HARCKHAM:   Mr. President, I 

 7   ask could the good Senator from across the aisle 

 8   be a little bit more specific about what he would 

 9   like an explanation of?  

10                SENATOR O'MARA:   What does this 

11   bill do?  

12                SENATOR HARCKHAM:   Sure.  Thank 

13   you.

14                This bill protects Class B streams.  

15   Right now A and B streams are currently 

16   protected.  Class C streams are streams that 

17   people can swim in -- it's called a primary 

18   contact stream -- and people can fish in, as well 

19   as boating.

20                The reason it is important -- and 

21   I'll just give you one small example from my 

22   district, which is a large district.  The 

23   municipalities of my district are now charged a 

24   $500 million price tag to remove phosphorus from 

25   our water bodies.  Because phosphorus is a 


                                                               2184

 1   nutrient that causes eutrophication, that ugly 

 2   brown growth that we see in water bodies.  It's 

 3   unsafe to swim in, it's unsafe to drink.

 4                We also see blue-green algae that's 

 5   promulgated by nutrients such as phosphorus.  

 6   Blue-green algae is also very dangerous for 

 7   people to swim in.

 8                So these streams, not only do people 

 9   swim in directly, many of the communities in my 

10   district don't have community pools, they have 

11   community lakes.  They have neighborhood lakes.  

12   And it's just days like this when the county 

13   health department comes to close them down 

14   because the blue-green algae has reached an 

15   unsafe level.  

16                So what this bill will do is protect 

17   the natural stream banks.  Because for too long 

18   we have ignored nature's infrastructure, and it's 

19   much more cost-effective to protect our water 

20   supply than to clean it up after it's 

21   contaminated.

22                SENATOR O'MARA:   Mr. President, 

23   will the sponsor yield for a question?  

24                ACTING PRESIDENT BENJAMIN:   Does 

25   the sponsor yield? 


                                                               2185

 1                SENATOR HARCKHAM:   Yes, 

 2   Mr. President.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   sponsor yields.

 5                SENATOR O'MARA:   Senator, isn't it 

 6   true that Class C streams can also be classified 

 7   by the Department of Environmental Conservation 

 8   as a Class C(T) or a Class -- I mean, a 

 9   Class T -- no, C, a Class C stream with a (T) 

10   designation or with a (TS) designation for trout 

11   or trout stream?  

12                SENATOR HARCKHAM:   Right.

13                SENATOR O'MARA:   And they have the 

14   ability to do that in these cases.  And those 

15   streams that are currently classified as a C(T) 

16   or a C(TS) require the extra permitting steps 

17   that you're requesting here for work to be done 

18   in them; correct?  

19                SENATOR HARCKHAM:   That is correct, 

20   Mr. President.

21                But I would say that in terms of the 

22   permitting, many activities are exempt.  For 

23   instance, most agricultural activities are 

24   exempt.  Activities of soil and conservation 

25   districts, activities of highway departments.  If 


                                                               2186

 1   they are running best practices, they have a 

 2   memorandum of understanding with DEC already, so 

 3   they don't have to repeatedly go back to DEC for 

 4   permits that are routine.

 5                Things that are under -- disturbed 

 6   under a hundred feet on the stream bank also are 

 7   what's called a minor permit.  And there is a 

 8   maximum deadline of 45 days for that permit to be 

 9   issued, not just by DEC but across four different 

10   agencies.

11                SENATOR O'MARA:   If the Senator 

12   will yield for another question.

13                ACTING PRESIDENT BENJAMIN:   Does 

14   the sponsor yield?

15                SENATOR HARCKHAM:   Absolutely.  

16                ACTING PRESIDENT BENJAMIN:   The 

17   sponsor yields.

18                SENATOR O'MARA:   Can you direct me 

19   where in your legislation or where in the law it 

20   says that farmers or soil and conservation 

21   districts or your town or county or village 

22   highway department can continue without 

23   requesting a permit each time?  Because your 

24   legislation does not mention that.

25                SENATOR HARCKHAM:   Mr. President, 


                                                               2187

 1   if we go to -- where would this -- Chapter 5 -- 

 2   Title 6, Chapter 5, Subchapter E, Part 608, use 

 3   and protection of waters.  608.2 highlights what 

 4   permits are required and it also lists the 

 5   exemptions.  And it says, number one, a local 

 6   public corporation that has entered into a 

 7   written memorandum of understanding with the 

 8   department.  And that is a common business 

 9   practice.  And number two says any person 

10   actively cultivating land devoted to agriculture.

11                So there are a number of 

12   agricultural exemptions that are listed.

13                SENATOR O'MARA:   Through you, 

14   Mr. Speaker -- Mr. President.

15                ACTING PRESIDENT BENJAMIN:   Does 

16   the sponsor yield?

17                SENATOR HARCKHAM:   Sure.  

18   Absolutely.

19                ACTING PRESIDENT BENJAMIN:   The 

20   sponsor yields.

21                SENATOR O'MARA:   The exemptions 

22   that you've mentioned there, what limitations are 

23   there upon a farmer from taking steps to fix, 

24   repair, remediate a stream that may have flooded 

25   out during a storm to in many circumstances limit 


                                                               2188

 1   the erosion and sediment going down that stream?  

 2   What limitations are there on that farmer on what 

 3   the farmer can or cannot do with that stream 

 4   without getting a permit?  

 5                SENATOR HARCKHAM:   So any time -- 

 6   Through you, Mr. President.  Any time there is 

 7   active work on the bank -- disturbing the bank, 

 8   repairing the bank, shoring up the bank, those 

 9   things would require a permit.

10                If it is something like a 

11   replacement -- you had mentioned repair, 

12   replace -- say a small bridge or a culvert, 

13   something like that, that would be done with the 

14   minor permit and that would be turned around in 

15   45 days.

16                SENATOR O'MARA:   Through you, 

17   Mr. President, if the speaker would yield for 

18   another question.

19                ACTING PRESIDENT BENJAMIN:   Does 

20   the sponsor yield?

21                SENATOR HARCKHAM:   Absolutely.

22                ACTING PRESIDENT BENJAMIN:   The 

23   sponsor yields.

24                SENATOR O'MARA:   Can you tell me 

25   how many Class C streams there are in New York 


                                                               2189

 1   State right now?  

 2                SENATOR HARCKHAM:   Through you, 

 3   Mr. President, it is about 40,000 miles.

 4                SENATOR O'MARA:   How many specific 

 5   streams?  

 6                SENATOR HARCKHAM:   I don't have 

 7   that number, but the mileage is 40,000 miles.

 8                SENATOR O'MARA:   So through you, 

 9   Mr. President.

10                ACTING PRESIDENT BENJAMIN:   Does 

11   the sponsor yield?  Does the sponsor yield?  

12                SENATOR HARCKHAM:   Oh, absolutely, 

13   I'm sorry.

14                ACTING PRESIDENT BENJAMIN:   The 

15   sponsor yields.

16                SENATOR O'MARA:   So we are now, in 

17   this legislation, requiring 40,000 new miles of 

18   streams to be regulated under the Article 15 

19   permit process.  Is that what we're doing here?

20                SENATOR HARCKHAM:   Essentially we 

21   are.

22                SENATOR O'MARA:   Now, according -- 

23   may I continue?  

24                ACTING PRESIDENT BENJAMIN:   Does 

25   the sponsor yield?


                                                               2190

 1                SENATOR HARCKHAM:   Absolutely.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   sponsor yields.

 4                SENATOR O'MARA:   According to both 

 5   the New York State County Highway Superintendents 

 6   Association, the State Association of 

 7   Conservation Districts, and most importantly the 

 8   director of my home county, Chemung County, Soil 

 9   and Water Conservation District, who has been in 

10   this field for decades, says that -- they all say 

11   and agree that the Article 15 permitting process 

12   is about a four-to-eight-month process under 

13   today's current circumstances, and that now these 

14   40,000 miles of work they want to do will require 

15   them to get a permit for which they are not now 

16   required to get a permit to do work in those 

17   streams.

18                SENATOR HARCKHAM:   Through you, 

19   Mr. President, I would point out two things.  

20                Number one, the best business 

21   practice is for highway superintendents, 

22   municipalities, and soil and water conservancy 

23   districts to enter into an MOU with the 

24   Department of Environmental Conservation so they 

25   don't have to go through this.  They have an open 


                                                               2191

 1   contract, and that is how it is routinely done.  

 2   So first I would suggest that those 

 3   municipalities and those public corporations do 

 4   that to make their lives easier as of right.

 5                The second is DEC law requires that 

 6   a decision must be rendered within 45 days.

 7                SENATOR O'MARA:   Through you, 

 8   Mr. President.

 9                ACTING PRESIDENT BENJAMIN:   Does 

10   the sponsor yield?

11                SENATOR HARCKHAM:   Absolutely.

12                ACTING PRESIDENT BENJAMIN:   The 

13   sponsor yields.

14                SENATOR O'MARA:   Have you ever seen 

15   DEC issue a permit in 45 days?  

16                SENATOR HARCKHAM:   Yes.

17                SENATOR O'MARA:   Well, I have not.  

18                And I guess on the bill, 

19   Mr. President.

20                ACTING PRESIDENT BENJAMIN:   Senator 

21   O'Mara on the bill.

22                SENATOR O'MARA:   There's widespread 

23   opposition to this massive expansion of permit 

24   requirements for Class C streams.  These 

25   classifications have always been kept under the 


                                                               2192

 1   purview of the Department of Environmental 

 2   Conservation to determine what class a particular 

 3   body of water is in -- streams here we're talking 

 4   about in this case.

 5                But the expansion of this is going 

 6   to expand some 40,000 miles.  Their estimates of 

 7   the work that they normally do -- the soil and 

 8   water districts, the town and highway supervisors 

 9   that typically, for issues that need a repair -- 

10   say, for example, New York State DOT comes out 

11   and says that bridge has failed, you can't use 

12   it -- they used to be able to get to work on that 

13   within one to five days in Chemung County.

14                Under the time frame of what's 

15   expected under the expansion and the permitting 

16   required here can expand -- will likely expand 

17   that, because we know how backlogged DEC is on 

18   all permitting, to likely from 200 to 400 days.  

19                That according to the County Highway 

20   Superintendents Association, some counties, many 

21   upstate and rural counties, 80 percent of the 

22   municipally owned bridges and culverts could be 

23   located on Class C streams where the work has 

24   typically been done quickly, expeditiously and 

25   inexpensively by either the highway department or 


                                                               2193

 1   working in conjunction with our soil and water 

 2   conservation districts.

 3                The state county highway 

 4   superintendents oppose this legislation for that 

 5   reason.  The Farm Bureau of New York State 

 6   opposes this legislation and states, the Farm 

 7   Bureau states:  The addition of Class C streams 

 8   would hinder farmers' ability to quickly clear 

 9   waterways.  Waiting to obtain a permit could be 

10   time-consuming, and farmers do not have extra 

11   time when protecting their crops from nature's 

12   elements.  

13                The permitting process -- and it's 

14   not explicit in this legislation that they would 

15   be exempt clearly from applying for permits each 

16   time -- will drastically slow down the response 

17   of farmers, of highway departments, of our soil 

18   and water districts, in making repairs to 

19   bridges.  

20                If these get dragged out from four 

21   to eight months to a year -- which is more 

22   likely, because it's estimated this will increase 

23   40 times the number of these permits to DEC.  And 

24   when your local bridge is out and your highway 

25   department can't get in to repair it and you've 


                                                               2194

 1   got to take the long way around, which can be 

 2   miles and miles and miles upstate, that doesn't 

 3   work.  

 4                And we need to make a process work 

 5   that will have expeditious repairs to these types 

 6   of situations and allow those that are in the 

 7   field, that do this as a career, to work with DEC 

 8   and do it.

 9                The Chemung County highway 

10   superintendent, Mark Watts, says to me in a 

11   letter he's done this for his whole career.  And 

12   over his career he's had to apply for over 1500 

13   of these Article 15 permits.  And out of those 

14   1500, DEC has never rejected or made a change to 

15   any of those plans.  Yet those projects are 

16   delayed by months and months to get the job done.  

17                We have to rely on our experts in 

18   the field that know how to do this, that have 

19   concerns about the environment, that's at the 

20   forefront of their concerns -- that's what the 

21   soil and water conservancy districts' work is all 

22   about.  They're some of the stellar organizations 

23   we have in our counties across this state that 

24   the work they do on such shoestring budgets -- 

25   and now we're going to make them use their 


                                                               2195

 1   precious resources for permit expenses, for extra 

 2   engineering reviews, for work way over the top 

 3   for something that typically can be done in a few 

 4   days.

 5                This is unnecessary further 

 6   regulation in this state that we don't need.  And 

 7   we should just leave it to the experts at DEC to 

 8   determine what streams should require this kind 

 9   of permit or not.  And currently, and forever, 

10   DEC has determined that Class C streams do not 

11   need this type of permit requirement.

12                Thank you, Mr. President.

13                ACTING PRESIDENT BENJAMIN:   Are 

14   there any other Senators wishing to be heard?

15                Seeing and hearing none, the debate 

16   is closed.  

17                The Secretary will ring the bell.

18                Read the 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 BENJAMIN:   Call 

23   the roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT BENJAMIN:   Senator 


                                                               2196

 1   Harckham to explain his vote.

 2                SENATOR HARCKHAM:   Thank you, 

 3   Mr. President.

 4                I want to thank Senator O'Mara for a 

 5   great debate.

 6                I just want to point out a couple of 

 7   things.  We passed this in a stronger version 

 8   last year, 51 to 11.  And at the request of some 

 9   of the organizations who Senator O'Mara 

10   mentioned, we took out Class D streams.  So this 

11   is just Class C streams.

12                I just want to correct a few things 

13   on the record.  Number one, this will take 

14   nothing away from emergency repairs.  Emergency 

15   repairs have always been able to be handled.

16                Number two, Class C streams were not 

17   not regulated by DEC because DEC chose that, they 

18   were regulated by the federal government and the 

19   Army Corps of Engineers.  It was this federal 

20   administration that, through executive order, 

21   stopped protecting these streams, which is why we 

22   had to in New York State step in.  And in fact, 

23   we use a consolidated process much faster than 

24   the Army Corps.

25                Finally, as we said before, any 


                                                               2197

 1   public corporation -- a county, a municipality, a 

 2   soil and water conservation district, as a best 

 3   practice should have a memorofan -- memoraf -- 

 4   memorandum -- I'm having a hard time saying that 

 5   word today -- memorandum of understanding with 

 6   DEC so they don't have to keep going back time 

 7   and time again.  And most activities of 

 8   agriculture are exempt.

 9                This is so important because of the 

10   cost of phosphorus impeding our water supplies 

11   from swimming, from drinking, from recreational 

12   activities -- hundreds of millions of dollars for 

13   one Senate district alone.  So we've got to stop 

14   asking on the front end how much is this going to 

15   cost as opposed to how much is this already 

16   costing us on the back.

17                I vote aye.  Thank you, 

18   Mr. President.

19                ACTING PRESIDENT BENJAMIN:   Senator 

20   Harckham to be recorded in the affirmative.

21                Announce the results.

22                THE SECRETARY:   In relation to 

23   Calendar Number 472, those Senators voting in the 

24   negative are Senators Akshar, Amedore, Borrello, 

25   Funke, Gallivan, Griffo, Helming, Jordan, Lanza, 


                                                               2198

 1   Little, O'Mara, Ortt, Ranzenhofer, Ritchie, 

 2   Robach, Serino, Seward and Tedisco.

 3                Ayes, 42.  Nays, 18.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   bill is passed.

 6                Senator Gianaris, that completes the 

 7   reading of the controversial calendar.

 8                SENATOR GIANARIS:   Is there any 

 9   further business at the desk, Mr. President?  

10                ACTING PRESIDENT BENJAMIN:   There 

11   is no further business at the desk.

12                SENATOR GIANARIS:   I move to 

13   adjourn until tomorrow, Wednesday, July 22nd, at 

14   12:00 noon.

15                ACTING PRESIDENT BENJAMIN:   On 

16   motion, the Senate stands adjourned until 

17   Wednesday, July 22nd, at 12:00 noon.  

18                (Whereupon, the Senate adjourned at 

19   5:22 p.m.)

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