3796
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 June 1, 2021
11 3:34 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR SHELLEY B. MAYER, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
20
21
22
23
24
25
3797
1 P R O C E E D I N G S
2 ACTING PRESIDENT MAYER: The Senate
3 will come to order.
4 I ask everyone present to please
5 rise and recite the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT MAYER: In the
9 absence of clergy, let us bow our heads in a
10 moment of silent reflection or prayer.
11 (Whereupon, the assemblage respected
12 a moment of silence.)
13 ACTING PRESIDENT MAYER: Reading of
14 the Journal.
15 THE SECRETARY: In Senate, Monday,
16 May 31, 2021, the Senate met pursuant to
17 adjournment. The Journal of Sunday, May 30,
18 2021, was read and approved. On motion, Senate
19 adjourned.
20 ACTING PRESIDENT MAYER: Without
21 objection, the Journal stands approved as read.
22 Presentation of petitions.
23 Messages from the Assembly.
24 The Secretary will read.
25 THE SECRETARY: Senator Hoylman
3798
1 moves to discharge, from the Committee on Codes,
2 Assembly Bill Number 2230A and substitute it for
3 the identical Senate Bill 70A, Third Reading
4 Calendar 452.
5 ACTING PRESIDENT MAYER: The
6 substitution is so ordered.
7 THE SECRETARY: Senator Parker
8 moves to discharge, from the Committee on Budget
9 and Revenue, Assembly Bill Number 1960A and
10 substitute it for the identical Senate Bill
11 4670A, Third Reading Calendar 521.
12 ACTING PRESIDENT MAYER: The
13 substitution is so ordered.
14 THE SECRETARY: Senator Skoufis
15 moves to discharge, from the Committee on Rules,
16 Assembly Bill Number 126A and substitute it for
17 the identical Senate Bill 1759A, Third Reading
18 Calendar 725.
19 ACTING PRESIDENT MAYER: The
20 substitution is so ordered.
21 THE SECRETARY: Senator Mannion
22 moves to discharge, from the Committee on
23 Disabilities, Assembly Bill Number 7358A and
24 substitute it for the identical Senate Bill
25 6293A, Third Reading Calendar 888.
3799
1 ACTING PRESIDENT MAYER: The
2 substitution is so ordered.
3 THE SECRETARY: Senator Kennedy
4 moves to discharge, from the Committee on
5 Local Government, Assembly Bill Number 6746A and
6 substitute it for the identical Senate Bill 6470,
7 Third Reading Calendar 960.
8 ACTING PRESIDENT MAYER: The
9 substitution is so ordered.
10 THE SECRETARY: Senator Krueger
11 moves to discharge, from the Committee on
12 Judiciary, Assembly Bill Number 3320A and
13 substitute it for the identical Senate Bill
14 4455A, Third Reading Calendar 1082.
15 ACTING PRESIDENT MAYER: The
16 substitution is so ordered.
17 THE SECRETARY: Senator Gounardes
18 moves to discharge, from the Committee on Civil
19 Service and Pensions, Assembly Bill Number 4125
20 and substitute it for the identical Senate Bill
21 4899, Third Reading Calendar 1154.
22 ACTING PRESIDENT MAYER: The
23 substitution is so ordered.
24 THE SECRETARY: Senator Mannion
25 moves to discharge, from the Committee on
3800
1 Civil Service and Pensions, Assembly Bill
2 Number 7181 and substitute it for the identical
3 Senate Bill 6513, Third Reading Calendar 1156.
4 ACTING PRESIDENT MAYER: The
5 substitution is so ordered.
6 THE SECRETARY: Senator Kaminsky
7 moves to discharge, from the Committee on
8 Local Government, Assembly Bill Number 7094 and
9 substitute it for the identical Senate Bill
10 6021B, Third Reading Calendar 1204.
11 ACTING PRESIDENT MAYER: The
12 substitution is so ordered.
13 THE SECRETARY: Senator Addabbo
14 moves to discharge, from the Committee on Racing,
15 Gaming and Wagering, Assembly Bill Number 7024
16 and substitute it for the identical Senate Bill
17 6390, Third Reading Calendar 1260.
18 ACTING PRESIDENT MAYER: The
19 substitution is so ordered.
20 THE SECRETARY: Senator Cooney
21 moves to discharge, from the Committee on Rules,
22 Assembly Bill Number 993A and substitute it for
23 the identical Senate Bill 1761C, Third Reading
24 Calendar 1267.
25 ACTING PRESIDENT MAYER: The
3801
1 substitution is so ordered.
2 THE SECRETARY: Senator May moves
3 to discharge, from the Committee on Rules,
4 Assembly Bill Number 6258A and substitute it for
5 the identical Senate Bill 5603A, Third Reading
6 Calendar 1285.
7 ACTING PRESIDENT MAYER: The
8 substitution is so ordered.
9 THE SECRETARY: Senator Gounardes
10 moves to discharge, from the Committee on
11 Finance, Assembly Bill Number 7124 and substitute
12 it for the identical Senate Bill 6483, Third
13 Reading Calendar 1295.
14 ACTING PRESIDENT MAYER: The
15 substitution is so ordered.
16 THE SECRETARY: Senator Mannion
17 moves to discharge, from the Committee on Rules,
18 Assembly Bill Number 7577 and substitute it for
19 the identical Senate Bill 6779, Third Reading
20 Calendar 1306.
21 ACTING PRESIDENT MAYER: The
22 substitution is so ordered.
23 THE SECRETARY: Senator Ryan moves
24 to discharge, from the Committee on Environmental
25 Conservation, Assembly Bill Number 7396 and
3802
1 substitute it for the identical Senate Bill 6826,
2 Third Reading Calendar 1311.
3 THE SECRETARY: The substitution is
4 so ordered.
5 THE SECRETARY: Senator Parker
6 moves to discharge, from the Committee on
7 Civil Service and Pensions, Assembly Bill
8 Number 2439 and substitute it for the identical
9 Senate Bill 4746, Third Reading Calendar 1339.
10 ACTING PRESIDENT MAYER: The
11 substitution is so ordered.
12 THE SECRETARY: Senator Martucci
13 moves to discharge, from the Committee on Rules,
14 Assembly Bill Number 6182 and substitute it for
15 the identical Senate Bill 5694, Third Reading
16 Calendar 1348.
17 ACTING PRESIDENT MAYER: The
18 substitution is so ordered.
19 THE SECRETARY: Senator Hinchey
20 moves to discharge, from the Committee on
21 Environmental Conservation, Assembly Bill Number
22 7387 and substitute it for the identical Senate
23 Bill Number 6884, Third Reading Calendar 1362.
24 ACTING PRESIDENT MAYER: The
25 substitution is so ordered.
3803
1 THE SECRETARY: Senator Mannion
2 moves to discharge, from the Committee on Rules,
3 Assembly Bill Number 7574 and substitute it for
4 the identical Senate Bill 7038, Third Reading
5 Calendar 1365.
6 ACTING PRESIDENT MAYER: The
7 substitution is so ordered.
8 Messages from the Governor.
9 Reports of standing committees.
10 Reports of select committees.
11 Communications and reports from
12 state officers.
13 Motions and resolutions.
14 Senator Gianaris.
15 SENATOR GIANARIS: Good afternoon,
16 Madam President. I offer amendments to the
17 following Third Reading Calendar bills:
18 By Senator Comrie, page 10, Calendar
19 395, Senate Print 3430;
20 By Senator Hoylman, page 13,
21 Calendar 515, Senate Print 4402A;
22 By Senator Rivera, page 16, Calendar
23 550, Senate Print 4257A;
24 By Senator Parker, page 17, Calendar
25 598, Senate Print 3141B;
3804
1 By Senator Kennedy, page 23,
2 Calendar 765, Senate Print 4682A;
3 By Senator May, page 24, Calendar
4 804, Senate Print 4435A;
5 By Senator Comrie, page 36, Calendar
6 1013, Senate Print 4160A;
7 By Senator May, page 39, Calendar
8 1050, Senate Print 613;
9 By Senator Cooney, page 41, Calendar
10 1079, Senate Print 6267;
11 By Senator Sanders, page 47,
12 Calendar 1159, Senate Print 653;
13 By Senator Liu, page 49, Calendar
14 1183, Senate Print 1110;
15 By Senator Harckham, page 54,
16 Calendar 1244, Senate Print 6322;
17 By Senator Kavanagh, page 56,
18 Calendar 1269, Senate Print 2193;
19 By Senator Harckham, page 58,
20 Calendar 1287, Senate Print 6018A;
21 By Senator Mannion, page 37,
22 Calendar 1025, Senate Print 6294;
23 By Senator Breslin, page 64,
24 Calendar 1347, Senate Print 5672;
25 By Senator Mayer, page 23, Calendar
3805
1 769, Senate Print 133A;
2 And by Senator Kaminsky, page 49,
3 Calendar 1179, Senate Print 6455A.
4 ACTING PRESIDENT MAYER: The
5 amendments are received, and the bills shall
6 retain their place on the Third Reading Calendar.
7 Senator Gianaris.
8 SENATOR GIANARIS: I also wish to
9 call up the following bills, which were recalled
10 from the Assembly and are now at the desk:
11 Senate Bill Numbers 514, 1783, 329, 1027, and
12 3467A.
13 ACTING PRESIDENT MAYER: The
14 Secretary will read.
15 THE SECRETARY: Calendar Number 10,
16 Senate Print 514, by Senator Sepúlveda,
17 Concurrent Resolution of the Senate and Assembly
18 proposing an amendment to Section 15 of Article 6
19 of the Constitution.
20 Calendar Number 351, Senate Print
21 1783, by Senator Skoufis, an act directing the
22 Department of Health to establish and implement
23 an infection inspection audit.
24 Calendar Number 442, Senate Print
25 329, by Senator Thomas, an act authorizing the
3806
1 Family and Children Association to receive
2 retroactive real property tax exempt status.
3 Calendar Number 8, Senate Print
4 1027, by Senator Gianaris, an act to amend the
5 Election Law.
6 Calendar Number 488, Senate Print
7 3467A, by Senator Mayer, an act to amend the
8 General Business Law.
9 SENATOR GIANARIS: Move to
10 reconsider the vote by which these bills were
11 passed.
12 ACTING PRESIDENT MAYER: The
13 Secretary will call the roll on reconsideration.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 60.
16 ACTING PRESIDENT MAYER: The bills
17 are restored to their place on the Third Reading
18 Calendar.
19 SENATOR GIANARIS: I offer the
20 following amendments.
21 ACTING PRESIDENT MAYER: The
22 amendments are received.
23 SENATOR GIANARIS: Please call on
24 Senator Lanza.
25 ACTING PRESIDENT MAYER: Senator
3807
1 Lanza.
2 SENATOR LANZA: Thank you,
3 Madam President.
4 On page 16 I offer the following
5 amendments to Calendar 565, Senate Print 5127,
6 and ask that said bill retain its place on Third
7 Reading Calendar. That's on behalf of
8 Senator Helming.
9 Additionally, Madam President, on
10 behalf of Senator Palumbo, on page 64 I offer the
11 following amendments to Calendar Number 1349,
12 Senate Print 5985A, and ask that said bill retain
13 its place on Third Reading Calendar.
14 ACTING PRESIDENT MAYER: The
15 amendments are received, and the bills shall
16 retain their place on the Third Reading Calendar.
17 Senator Gianaris.
18 SENATOR GIANARIS: Please take up
19 previously adopted Resolution 815, by Senator
20 Kennedy, read its title only, and recognize
21 Senator Kennedy.
22 ACTING PRESIDENT MAYER: The
23 Secretary will read.
24 THE SECRETARY: Senate Resolution
25 815, by Senator Kennedy, mourning the death of
3808
1 John J. Martin, distinguished citizen and devoted
2 member of his community.
3 ACTING PRESIDENT MAYER: Senator
4 Kennedy on the resolution.
5 SENATOR KENNEDY: Thank you,
6 Madam President.
7 I rise today to remember and
8 celebrate the accomplished life of John J.
9 Martin, a personal friend of mine, my family, and
10 the entire Western New York community, and a man
11 who put his family, his faith and his community
12 above all else.
13 We lost John on April 30th of this
14 year, leaving behind his dear wife of over
15 50 years, Debby, as well as his children,
16 Jennifer, Michele and Christine, his four
17 grandchildren, and numerous siblings, sisters,
18 brothers-in-law, nieces, nephews and more friends
19 than you can imagine.
20 I had the honor of knowing John and
21 his family as far as back as I can remember,
22 growing up in South Buffalo alongside his three
23 daughters. And from an early age it was easy to
24 see why he was so loved and respected by all he
25 encountered. John never stopped working for our
3809
1 community. He was a consummate gentleman and a
2 man of tremendous integrity. I will forever
3 remember his smiling face lighting up a room,
4 engaging with everyone from all walks of life and
5 leading by example -- Christ's example of always
6 looking out for the least among us.
7 If there was a celebration to be
8 had, if there was an event to bring the community
9 together, or if there was someone in need,
10 John Martin was there.
11 And as a man of great stature, the
12 only thing bigger than his grand frame was his
13 big heart. And it was this heart that led him to
14 play an unparalleled role at Monsignor Nash
15 Knights of Columbus in South Buffalo, where he
16 led so many initiatives to help others. His work
17 recognized by the members of the Nash Council, he
18 was elevated to Grand Knight of this historic
19 neighborhood institution.
20 In his work with the Knights for
21 more than 50 years, John chaired the Christmas
22 food drive. Think about that -- providing for
23 others around the holidays less fortunate than
24 ourselves for more than half a century. It's
25 amazing to imagine just how many Christmas
3810
1 dinners and how many tables were made whole
2 because of John's selfless work.
3 During other seasons throughout the
4 years, John spearheaded the St. Patrick's Day
5 celebration before, during and after the parade,
6 and made sure the Easter Egg hunt at the Knights
7 of Columbus went off without a hitch for the
8 neighborhood kids, like myself growing up. And
9 that work became a family operation for John,
10 with Debby and their kids all pitching in and
11 sharing duties.
12 When he wasn't spending time
13 volunteering, John was an avid golfer and a
14 diehard Buffalo Bills fan, and of course his
15 beloved New York Yankees. He loved to spend time
16 vacationing with his family just across the
17 border in Crystal Beach, Ontario. As a matter of
18 fact, he loved spending time with his family in
19 any way possible. Over the years John and his
20 family made their way to Ireland, to Hawaii, to
21 the Caribbean, taking in the sights around the
22 world together as a family.
23 We are forever grateful to his
24 family and thank them for unselfishly sharing
25 this great man with all of us. I know that I'm a
3811
1 better man for knowing John Martin and the impact
2 that he made not only on my life, but on
3 countless lives throughout our entire Western
4 New York community. His legacy will certainly
5 continue to carry on. To Debby, to Jennifer and
6 John, to Michele and Bill, to Christine and Joe,
7 to his grandchildren -- Jack, Joe, Luke and
8 Riley -- and to the entire extended Martin family
9 and to so many friends, our deepest condolences
10 and sympathy go out to them.
11 We will forever remember the giant
12 of a man that John Martin was. I'm incredibly
13 honored here today, Madam President, to honor his
14 life, his commitment and his service to our
15 community, to our state and to our nation.
16 May John Martin rest in peace.
17 Thank you.
18 ACTING PRESIDENT MAYER: Thank you,
19 Senator Kennedy.
20 The resolution was previously
21 adopted on May 20th.
22 Senator Gianaris.
23 SENATOR GIANARIS: At the request
24 of the sponsor, the resolution is open for
25 cosponsorship.
3812
1 ACTING PRESIDENT MAYER: The
2 resolution is open for cosponsorship. Should you
3 choose not to be a cosponsor of this resolution,
4 please notify the desk.
5 Senator Gianaris.
6 SENATOR GIANARIS: There will be an
7 immediate meeting of the Rules Committee in
8 Room 332.
9 ACTING PRESIDENT MAYER: There will
10 be an immediate meeting of the Rules Committee in
11 Room 315.
12 SENATOR GIANARIS: The Senate
13 stands at ease.
14 ACTING PRESIDENT MAYER: Room 332,
15 thank you. I was incorrect.
16 The Senate will stand at ease.
17 (Whereupon, the Senate stood at ease
18 at 3:48 p.m.)
19 (Whereupon, the Senate reconvened at
20 4:03 p.m.)
21 ACTING PRESIDENT MAYER: The Senate
22 will return to order.
23 Senator Gianaris.
24 SENATOR GIANARIS: Madam President,
25 please take up the report of the Rules Committee
3813
1 which is at the desk.
2 ACTING PRESIDENT MAYER: The
3 Secretary will read.
4 THE SECRETARY: Senator
5 Stewart-Cousins, from the Committee on Rules,
6 reports the following bills:
7 Senate Print 63A, by Senator
8 Persaud, an act to amend the Social Services Law;
9 Senate Print 668, by Senator May, an
10 act to amend the Social Services Law;
11 Senate Print 829, by Senator Ramos,
12 an act to amend the Workers' Compensation Law;
13 Senate Print 1235, by
14 Senator Gianaris, an act to amend the
15 General Business Law;
16 Senate Print 1607, by Senator
17 Martucci, an act to authorize Susan Gillinder,
18 the widow of Robert C. Ritchie, to file a new
19 service retirement application;
20 Senate Print 1751, by
21 Senator Borrello, an act to amend the
22 Uniform City Court Act;
23 Senate Print 1767, by Senator
24 Mannion, an act to amend the Navigation Law;
25 Senate Print 3100, by
3814
1 Senator Kaplan, an act to amend the Retirement
2 and Social Security Law;
3 Senate Print 3101, by
4 Senator Kaplan, an act to amend the Retirement
5 and Social Security Law;
6 Senate Print 3312, by
7 Senator Kaplan, an act to amend the Retirement
8 and Social Security Law;
9 Senate Print 3812, by Senator
10 Griffo, an act to repeal Section 16 of the
11 General Business Law;
12 Senate Print 4261, by
13 Senator Griffo, an act to amend the
14 Public Authorities Law;
15 Senate Print 4408, by
16 Senator Skoufis, an act to amend the
17 Retirement and Social Security Law;
18 Senate Print 4411, by
19 Senator Skoufis, an act to amend the
20 Retirement and Social Security Law;
21 Senate Print 4440, by
22 Senator Gounardes, an act to amend the
23 Retirement and Social Security Law;
24 Senate Print 4471A, by
25 Senator Mannion, an act to amend the General
3815
1 Municipal Law and the Public Authorities Law;
2 Senate Print 4542A, by
3 Senator Mayer, an act to amend the Election Law;
4 Senate Print 4722A, by
5 Senator Hinchey, an act to amend the
6 Agriculture and Markets Law;
7 Senate Print 4779, by Senator
8 Hinchey, an act to authorize the Village of
9 Athens, in the County of Greene, to offer an
10 optional 20-year retirement plan;
11 Senate Print 4860, by
12 Senator Kennedy, an act to authorize the widow of
13 William James Middlebrooks to file a retirement
14 option election form;
15 Senate Print 4987, by Senator Lanza,
16 an act to amend the Vehicle and Traffic Law;
17 Senate Print 5083A, by Senator
18 Bailey, an act to authorize and direct the
19 Commissioner of Agriculture and Markets to
20 conduct a study on urban agriculture;
21 Senate Print 6166, by
22 Senator Brooks, an act granting retroactive
23 Tier 5 membership in the New York State and Local
24 Employees' Retirement System;
25 Senate Print 6171B, by Senator Ryan,
3816
1 an act to amend Chapter 560 of the Laws of 1998;
2 Senate Print 6207, by
3 Senator Palumbo, an act to authorize the
4 Long Island Science Center to file an application
5 for a real property tax exemption;
6 Senate Print 6229A, by
7 Senator Sanders, an act authorizing the City of
8 New York to alienate and discontinue the use of
9 certain parklands;
10 Senate Print 6428, by
11 Senator Breslin, an act to amend the Vehicle and
12 Traffic Law;
13 Senate Print 6494A, by Senator
14 Hoylman, an act to amend Chapter 455 of the Laws
15 of 1997;
16 Senate Print 6512, by
17 Senator Gounardes, an act to amend the Retirement
18 and Social Security Law;
19 Senate Print 6519, by
20 Senator Stewart-Cousins, an act to amend the
21 Public Authorities Law;
22 Senate Print 6565A, by
23 Senator Borrello, an act to amend Chapter 129 of
24 the Laws of 2020;
25 Senate Print 6569, by Senator Mayer,
3817
1 an act to amend the Education Law;
2 Senate Print 6585, by Senator Rath,
3 an act granting retroactive Tier 4 membership in
4 the New York State and Local Employees'
5 Retirement System;
6 Senate Print 6616, by Senator
7 Skoufis, an act to amend the State Finance Law;
8 Senate Print 6618, by
9 Senator Gounardes, an act to amend the
10 Retirement and Social Security Law;
11 Senate Print 6628A, by
12 Senator Skoufis, an act to amend the
13 Workers' Compensation Law;
14 Senate Print 6691, by
15 Senator Hinchey, an act to amend Chapter 333 of
16 the Laws of 2018;
17 Senate Print 6710, by Senator
18 Gaughran, an act to amend the Retirement and
19 Social Security Law;
20 Senate Print 6720, by Senator
21 Reichlin-Melnick, an act to amend Chapter 602 of
22 the Laws of 1993;
23 Senate Print 6764, by Senator
24 Palumbo, an act to amend the Highway Law;
25 Senate Print 6765, by Senator
3818
1 Palumbo, an act to amend the Highway Law;
2 Senate Print 6798, by
3 Senator Breslin, an act to authorize and legalize
4 certain acts and proceedings of Albany County;
5 Senate Print 6824, by Senator
6 Persaud, an act to amend the Family Court Act;
7 Senate Print 6886, by Senator Liu,
8 an act to amend the Executive Law;
9 Senate Print 6909, by
10 Senator Borrello, an act in relation to
11 permitting The Abundant Life Church to file an
12 application for a real property tax exemption;
13 Senate Print 6916A, by
14 Senator Kavanagh, an act to amend the
15 Local Emergency Housing Rent Control Act;
16 Senate Print 6972, by Senator
17 Gounardes, an act to amend the Administrative
18 Code of the City of New York;
19 Senate Print 6974, by
20 Senator Kavanagh, an act to amend the
21 Private Housing Finance Law;
22 Senate Print 6998, by
23 Senator Reichlin-Melnick, an act to amend the
24 State Finance Law;
25 Senate Print 7009, by
3819
1 Senator Savino, an act to amend the
2 Retirement and Social Security Law;
3 Senate Print 7019, by
4 Senator Krueger, an act to amend the
5 State Technology Law;
6 Senate Print 7021, by
7 Senator Reichlin-Melnick, an act to amend the
8 Village Law;
9 Senate Print 7031, by Senator Liu,
10 an act to amend the Real Property Tax Law;
11 Senate Print 7047, by Senator May,
12 an act to amend the Environmental Conservation
13 Law;
14 Senate Print 7055, by
15 Senator Cooney, an act to amend Chapter 371 of
16 the Laws of 2009;
17 Senate Print 7056, by
18 Senator Cooney, an act to amend the
19 Environmental Conservation Law;
20 Senate Print 7057, by
21 Senator Harckham, an act to amend Chapter 20 of
22 the Laws of 2015;
23 Senate Print 7058, by
24 Senator Thomas, an act to amend the
25 Environmental Conservation Law;
3820
1 Senate Print 7059, by
2 Senator Rivera, an act to amend Chapter 81 of the
3 Laws of 1995;
4 Senate Print 7062, by
5 Senator Rivera, an act to amend Chapter 459 of
6 the Laws of 1996;
7 Senate Print 7064, by Senator
8 Thomas, an act to amend the Environmental
9 Conservation Law;
10 Senate Print 7065, by
11 Senator Brooks, an act to amend the
12 Environmental Conservation Law;
13 Senate Print 7069, by Senator
14 Gaughran, an act to amend Chapter 626 of the
15 Laws of 1996;
16 Senate Print 7070, by
17 Senator Kaminsky, an act to amend the
18 Environmental Conservation Law;
19 Senate Print 7090, by
20 Senator Thomas, an act to amend the
21 Financial Services Law.
22 All bills reported direct to third
23 reading.
24 SENATOR GIANARIS: Move to accept
25 the report of the Rules Committee.
3821
1 ACTING PRESIDENT MAYER: All those
2 in favor of accepting the report of the Rules
3 Committee signify by saying aye.
4 (Response of "Aye.")
5 ACTING PRESIDENT MAYER: Opposed,
6 nay.
7 (No response.)
8 ACTING PRESIDENT MAYER: The
9 Rules Committee report is accepted.
10 Senator Gianaris.
11 SENATOR GIANARIS: Please take up
12 the reading of the calendar.
13 ACTING PRESIDENT MAYER: The
14 Secretary will read.
15 THE SECRETARY: Calendar Number 82,
16 Senate Print 531B, by Senator Kaplan, an act in
17 relation to directing the Urban Development
18 Corporation to conduct a study regarding the
19 assistance needed to encourage women and
20 minorities.
21 ACTING PRESIDENT MAYER: Read the
22 last section.
23 THE SECRETARY: Section 3. This
24 act shall take effect immediately.
25 ACTING PRESIDENT MAYER: Call the
3822
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT MAYER: Announce
4 the results.
5 THE SECRETARY: Ayes, 62.
6 ACTING PRESIDENT MAYER: The bill
7 is passed.
8 THE SECRETARY: Calendar Number 87,
9 Senate Print 1442B, by Senator Addabbo, an act to
10 amend the Agriculture and Markets Law.
11 ACTING PRESIDENT MAYER: Read the
12 last section.
13 THE SECRETARY: Section 10. This
14 act shall take effect immediately.
15 ACTING PRESIDENT MAYER: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MAYER: Announce
19 the results.
20 THE SECRETARY: Ayes, 62.
21 ACTING PRESIDENT MAYER: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 107, Senate Print 1172B, by Senator Rivera, an
25 act to amend the Public Health Law.
3823
1 ACTING PRESIDENT MAYER: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the first of January.
5 ACTING PRESIDENT MAYER: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT MAYER: Announce
9 the results.
10 THE SECRETARY: Ayes, 62.
11 ACTING PRESIDENT MAYER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 112, Senate Print 1353A, by Senator Kavanagh, an
15 act to amend the Public Housing Law.
16 ACTING PRESIDENT MAYER: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT MAYER: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT MAYER: Announce
24 the results.
25 THE SECRETARY: Ayes, 62.
3824
1 ACTING PRESIDENT MAYER: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 189, Senate Print 1566A, by Senator Sanders, an
5 act to amend the Banking Law.
6 ACTING PRESIDENT MAYER: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect on the 90th day after it
10 shall have become a law.
11 ACTING PRESIDENT MAYER: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT MAYER: Announce
15 the results.
16 THE SECRETARY: In relation to
17 Calendar 189, those Senators voting in the
18 negative are Senators Akshar, Borrello, Gallivan,
19 Griffo, Helming, Jordan, Martucci, Oberacker,
20 O'Mara, Ortt, Palumbo, Rath, Stec, Tedisco and
21 Weik.
22 Ayes, 48. Nays, 15.
23 ACTING PRESIDENT MAYER: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3825
1 196, Senate Print 1765A, by Senator Mannion, an
2 act to amend the Mental Hygiene Law and the
3 Executive Law.
4 ACTING PRESIDENT MAYER: Read the
5 last section.
6 THE SECRETARY: Section 5. This
7 act shall take effect on the 30th day after it
8 shall have become a law.
9 ACTING PRESIDENT MAYER: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT MAYER: Announce
13 the results.
14 THE SECRETARY: Ayes, 63.
15 ACTING PRESIDENT MAYER: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 199, Senate Print 2884A, by Senator May, an act
19 to amend the Executive Law.
20 ACTING PRESIDENT MAYER: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the 120th day after it
24 shall have become a law.
25 ACTING PRESIDENT MAYER: Call the
3826
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT MAYER: Announce
4 the results.
5 THE SECRETARY: In relation to
6 Calendar 199, those Senators voting in the
7 negative are Senators Akshar, Borrello, Boyle,
8 Felder, Gallivan, Griffo, Helming, Jordan, Lanza,
9 Martucci, Mattera, Oberacker, O'Mara, Ortt,
10 Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and
11 Weik.
12 Ayes, 42. Nays, 21.
13 ACTING PRESIDENT MAYER: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 214, Senate Print 2279, by Senator Jordan, an act
17 to amend the State Law.
18 ACTING PRESIDENT MAYER: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect on the first of January.
22 ACTING PRESIDENT MAYER: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT MAYER: Announce
3827
1 the results.
2 THE SECRETARY: Ayes, 63.
3 ACTING PRESIDENT MAYER: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 216, Senate Print 1788A, by Senator Sanders, an
7 act to create a Veterans Suicide Prevention
8 Task Force.
9 ACTING PRESIDENT MAYER: Read the
10 last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect on the 60th day after it
13 shall have become a law.
14 ACTING PRESIDENT MAYER: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT MAYER: Announce
18 the results.
19 THE SECRETARY: Ayes, 63.
20 ACTING PRESIDENT MAYER: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 265, Senate Print 2585A, by Senator Brisport, an
24 act to amend the Social Services Law.
25 ACTING PRESIDENT MAYER: Read the
3828
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the 90th day after it
4 shall have become a law.
5 ACTING PRESIDENT MAYER: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT MAYER: Announce
9 the results.
10 THE SECRETARY: Ayes, 63.
11 ACTING PRESIDENT MAYER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 317, Senate Print 113A, by Senator Kaplan, an act
15 to amend the Business Corporation Law and the
16 Limited Liability Company Law.
17 ACTING PRESIDENT MAYER: Read the
18 last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect on the 60th day after it
21 shall have become a law.
22 ACTING PRESIDENT MAYER: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT MAYER: Announce
3829
1 the results.
2 THE SECRETARY: Ayes, 63.
3 ACTING PRESIDENT MAYER: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 332, Senate Print 841A, by Senator Biaggi, an act
7 to amend the Environmental Conservation Law.
8 ACTING PRESIDENT MAYER: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect January 1, 2024.
12 ACTING PRESIDENT MAYER: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT MAYER: Announce
16 the results.
17 THE SECRETARY: In relation to
18 Calendar 332, those Senators voting in the
19 negative are Senators Akshar, Griffo, Helming,
20 Jordan, Lanza, Oberacker, O'Mara, Ortt, Rath,
21 Stec and Weik.
22 Ayes, 52. Nays, 11.
23 ACTING PRESIDENT MAYER: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3830
1 378, Senate Print 4345A, by Senator Brouk, an act
2 to amend the Public Health Law.
3 ACTING PRESIDENT MAYER: Read the
4 last section.
5 THE SECRETARY: Section 4. This
6 act shall take effect one year after it shall
7 have become a law.
8 ACTING PRESIDENT MAYER: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT MAYER: Announce
12 the results.
13 THE SECRETARY: Ayes, 63.
14 ACTING PRESIDENT MAYER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 441, Senate Print 5066A, by Senator Harckham, an
18 act to amend the Mental Hygiene Law.
19 ACTING PRESIDENT MAYER: Read the
20 last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MAYER: Call the
24 roll.
25 (The Secretary called the roll.)
3831
1 ACTING PRESIDENT MAYER: Announce
2 the results.
3 THE SECRETARY: Ayes, 63.
4 ACTING PRESIDENT MAYER: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 452, Assembly Bill 2230A, substituted earlier by
8 Assemblymember Reyes, an act to amend the
9 Executive Law.
10 SENATOR LANZA: Lay it aside.
11 ACTING PRESIDENT MAYER: The bill
12 is laid aside.
13 THE SECRETARY: Calendar Number
14 458, Senate Print 1780C, by Senator Skoufis, an
15 act to amend the Executive Law.
16 ACTING PRESIDENT MAYER: Read the
17 last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect on the 180th day after it
20 shall have become a law.
21 ACTING PRESIDENT MAYER: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT MAYER: Announce
25 the results.
3832
1 THE SECRETARY: In relation to
2 Calendar 458, those Senators voting in the
3 negative are Senators Borrello and Griffo.
4 Ayes, 61. Nays, 2.
5 ACTING PRESIDENT MAYER: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 521, Assembly Bill 1960A, substituted earlier by
9 Assemblymember Cruz, an act to amend the Tax Law.
10 ACTING PRESIDENT MAYER: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT MAYER: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT MAYER: Announce
18 the results.
19 THE SECRETARY: Ayes, 63.
20 ACTING PRESIDENT MAYER: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 528, Senate Print 4777B, by Senator Mannion, an
24 act to amend the General Construction Law.
25 ACTING PRESIDENT MAYER: Read the
3833
1 last section.
2 THE SECRETARY: Section 27. This
3 act shall take effect immediately.
4 ACTING PRESIDENT MAYER: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT MAYER: Announce
8 the results.
9 THE SECRETARY: Ayes, 63.
10 ACTING PRESIDENT MAYER: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 563, Senate Print 4851, by Senator Kennedy, an
14 act to amend the Local Finance Law.
15 ACTING PRESIDENT MAYER: There is a
16 home-rule message at the desk.
17 Read the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT MAYER: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT MAYER: Announce
24 the results.
25 THE SECRETARY: Ayes, 63.
3834
1 ACTING PRESIDENT MAYER: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 680, Senate Print 2091A, by Senator Jordan, an
5 act to amend the Military Law.
6 ACTING PRESIDENT MAYER: Read the
7 last section.
8 THE SECRETARY: Section 3. This
9 act shall take effect on the 120th day after it
10 shall have become a law.
11 ACTING PRESIDENT MAYER: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT MAYER: Announce
15 the results.
16 THE SECRETARY: In relation to
17 Calendar Number 680, voting in the negative:
18 Senator Brisport.
19 Ayes, 62. Nays, 1.
20 ACTING PRESIDENT MAYER: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 682, Senate Print 2977A, by Senator Harckham, an
24 act to amend the Executive Law and the
25 Public Health Law.
3835
1 ACTING PRESIDENT MAYER: Read the
2 last section.
3 THE SECRETARY: Section 3. This
4 act shall take effect on the 120th day after it
5 shall have become a law.
6 ACTING PRESIDENT MAYER: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT MAYER: Announce
10 the results.
11 THE SECRETARY: Ayes, 63.
12 ACTING PRESIDENT MAYER: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 714, Senate Print 191, by Senator Sanders, an act
16 to amend the State Finance Law and the
17 Banking Law.
18 ACTING PRESIDENT MAYER: Read the
19 last section.
20 THE SECRETARY: Section 5. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MAYER: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT MAYER: Announce
3836
1 the results.
2 THE SECRETARY: In relation to
3 Calendar 714, those Senators voting in the
4 negative are Senators Akshar, Borrello, Boyle,
5 Gallivan, Griffo, Jordan, Lanza, Martucci,
6 Mattera, Oberacker, O'Mara, Ortt, Palumbo, Rath,
7 Savino, Serino, Stec, Tedisco and Weik.
8 Ayes, 44. Nays, 19.
9 ACTING PRESIDENT MAYER: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 725, Assembly Print 126A, substituted earlier by
13 Assemblymember Gottfried, an act to amend the
14 Public Health Law.
15 SENATOR LANZA: Lay it aside.
16 SENATOR GIANARIS: Lay it aside for
17 the day, please.
18 ACTING PRESIDENT MAYER: The bill
19 is laid aside for the day.
20 THE SECRETARY: Calendar Number
21 739, Senate Print 6209, by Senator Serrano, an
22 act to amend the Agriculture and Markets Law.
23 SENATOR GIANARIS: Lay it aside for
24 the day.
25 ACTING PRESIDENT MAYER: The bill
3837
1 is laid aside for the day.
2 THE SECRETARY: Calendar Number
3 743, Senate Print 5760A, by Senator Breslin, an
4 act to amend the Insurance Law.
5 ACTING PRESIDENT MAYER: Read the
6 last section.
7 THE SECRETARY: Section 6. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MAYER: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT MAYER: Announce
13 the results.
14 THE SECRETARY: Ayes, 63.
15 ACTING PRESIDENT MAYER: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 748, Senate Print 2596, by Senator Helming, an
19 act to amend the General Municipal Law.
20 ACTING PRESIDENT MAYER: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MAYER: Call the
25 roll.
3838
1 (The Secretary called the roll.)
2 ACTING PRESIDENT MAYER: Announce
3 the results.
4 THE SECRETARY: Ayes, 63.
5 ACTING PRESIDENT MAYER: The bill
6 is passed.
7 Calendar 769 is high and will be
8 laid aside for the day.
9 THE SECRETARY: Calendar Number
10 772, Senate Print 2819A, by Senator Addabbo, an
11 act to amend the General Business Law.
12 ACTING PRESIDENT MAYER: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the 30th day after it
16 shall have become a law.
17 ACTING PRESIDENT MAYER: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT MAYER: Announce
21 the results.
22 THE SECRETARY: In relation to
23 Calendar 772, those Senators voting in the
24 negative are Senators Akshar, Helming, Lanza,
25 Oberacker, Skoufis and Tedisco.
3839
1 Ayes, 57. Nays, 6.
2 ACTING PRESIDENT MAYER: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 800, Senate Print 6070A, by Senator Sanders, an
6 act directing the Department of Financial
7 Services to conduct a study on certain impacts of
8 the coronavirus (COVID-19) pandemic.
9 SENATOR LANZA: Lay it aside.
10 ACTING PRESIDENT MAYER: The bill
11 is laid aside.
12 Calendar Number 804 is high and will
13 be laid aside for the day.
14 THE SECRETARY: Calendar Number
15 805, Senate Print 4818A, by Senator Thomas, an
16 act to amend Chapter 1017 of the Laws of 1963.
17 ACTING PRESIDENT MAYER: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT MAYER: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT MAYER: Announce
25 the results.
3840
1 THE SECRETARY: Ayes, 63.
2 ACTING PRESIDENT MAYER: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 806, Senate Print 5753A, by Senator Ryan, an act
6 to amend the Education Law.
7 ACTING PRESIDENT MAYER: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MAYER: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT MAYER: Announce
15 the results.
16 THE SECRETARY: Ayes, 63.
17 ACTING PRESIDENT MAYER: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 811, Senate Print 4469, by Senator Mannion, an
21 act to amend the Mental Hygiene Law and the
22 Social Services Law.
23 ACTING PRESIDENT MAYER: Read the
24 last section.
25 THE SECRETARY: Section 4. This
3841
1 act shall take effect April 1, 2022.
2 ACTING PRESIDENT MAYER: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT MAYER: Announce
6 the results.
7 THE SECRETARY: Ayes, 63.
8 ACTING PRESIDENT MAYER: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 813, Senate Print 5676, by Senator Rivera, an act
12 to amend the Public Health Law.
13 ACTING PRESIDENT MAYER: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT MAYER: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT MAYER: Announce
21 the results.
22 THE SECRETARY: Ayes, 63.
23 ACTING PRESIDENT MAYER: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3842
1 818, Senate Print 5280, by Senator Parker, an act
2 to amend the Administrative Code of the City of
3 New York.
4 ACTING PRESIDENT MAYER: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT MAYER: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT MAYER: Announce
12 the results.
13 THE SECRETARY: In relation to
14 Calendar 818, voting in the negative are
15 Senators Helming and Jordan.
16 Ayes, 61. Nays, 2.
17 ACTING PRESIDENT MAYER: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 888, Assembly Bill 7358A, substituted earlier by
21 Assemblymember Abinanti, an act to amend the
22 Mental Hygiene Law.
23 ACTING PRESIDENT MAYER: Read the
24 last section.
25 THE SECRETARY: Section 2. This
3843
1 act shall take effect immediately.
2 ACTING PRESIDENT MAYER: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT MAYER: Announce
6 the results.
7 THE SECRETARY: In relation to
8 Calendar Number 888, voting in the negative:
9 Senator Griffo.
10 Ayes, 62. Nays, 1.
11 ACTING PRESIDENT MAYER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 891, Senate Print 1033, by Senator
15 Stewart-Cousins, an act to amend the
16 Local Finance Law.
17 ACTING PRESIDENT MAYER: There is a
18 home-rule message at the desk.
19 Read the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MAYER: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT MAYER: Announce
3844
1 the results.
2 THE SECRETARY: Ayes, 63.
3 ACTING PRESIDENT MAYER: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 892, Senate Print 4850, by Senator Kennedy, an
7 act to amend the Local Finance Law.
8 ACTING PRESIDENT MAYER: There is a
9 home-rule message at the desk.
10 Read the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT MAYER: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT MAYER: Announce
17 the results.
18 THE SECRETARY: Ayes, 63.
19 ACTING PRESIDENT MAYER: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 893, Senate Print 5261, by Senator Kennedy, an
23 act to amend the Business Corporation Law.
24 ACTING PRESIDENT MAYER: Read the
25 last section.
3845
1 THE SECRETARY: Section 5. This
2 act shall take effect immediately.
3 ACTING PRESIDENT MAYER: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT MAYER: Announce
7 the results.
8 THE SECRETARY: Ayes, 63.
9 ACTING PRESIDENT MAYER: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 921, Senate Print 3107B, by Senator Kaplan, an
13 act to amend the Highway Law.
14 ACTING PRESIDENT MAYER: Read the
15 last section.
16 THE SECRETARY: Section 3. This
17 act shall take effect immediately.
18 ACTING PRESIDENT MAYER: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT MAYER: Announce
22 the results.
23 THE SECRETARY: In relation to
24 Calendar Number 921, voting in the negative:
25 Senator Brisport.
3846
1 Ayes, 62. Nays, 1.
2 ACTING PRESIDENT MAYER: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 934, Senate Print 6426A, by Senator Gaughran, an
6 act to amend the Public Authorities Law.
7 ACTING PRESIDENT MAYER: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MAYER: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT MAYER: Announce
15 the results.
16 THE SECRETARY: Ayes, 63.
17 ACTING PRESIDENT MAYER: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 936, Senate Print 5128A, by Senator Harckham, an
21 act to amend the Public Health Law.
22 ACTING PRESIDENT MAYER: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
3847
1 ACTING PRESIDENT MAYER: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT MAYER: Announce
5 the results.
6 THE SECRETARY: Ayes, 63.
7 ACTING PRESIDENT MAYER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 944, Senate Print 4598, by Senator Brooks, an act
11 in relation to authorizing the Copiague Fire
12 District to file an application for exemption
13 from real property taxes.
14 ACTING PRESIDENT MAYER: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT MAYER: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT MAYER: Announce
22 the results.
23 THE SECRETARY: In relation to
24 Calendar 944, those Senators voting in the
25 negative are Senators Akshar and O'Mara.
3848
1 Ayes, 61. Nays, 2.
2 ACTING PRESIDENT MAYER: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 960, Assembly Bill 6746A, substituted earlier by
6 Assemblymember Wallace, an act to amend
7 Chapter 625 of the Laws of 1961.
8 ACTING PRESIDENT MAYER: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT MAYER: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT MAYER: Announce
16 the results.
17 THE SECRETARY: Ayes, 63.
18 ACTING PRESIDENT MAYER: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 971, Senate Print 659, by Senator May, an act to
22 amend the Environmental Conservation Law.
23 ACTING PRESIDENT MAYER: Read the
24 last section.
25 THE SECRETARY: Section 2. This
3849
1 act shall take effect immediately.
2 ACTING PRESIDENT MAYER: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT MAYER: Senator
6 May to explain her vote.
7 SENATOR MAY: Thank you,
8 Madam President.
9 New York has 600,000 acres of state
10 reforestation lands, and we allow oil and gas
11 leases on these lands but we do not allow
12 renewable energy leases. So this bill will
13 change that.
14 The reason it's so important is when
15 you have a big project like the wind project, the
16 Cassadaga Wind Project in Western New York that
17 is trying to link parcels of land that are on two
18 sides of state land, right now they can't even
19 connect the project across the state lands.
20 Which makes things more inefficient, more costly,
21 it causes delays and it prevents the state from
22 carrying out our climate goals that we are
23 working so hard to try to realize.
24 So this bill will help this state
25 make it easier for renewable projects to be built
3850
1 on state reforestation lands, and so I proudly
2 vote aye. Thank you.
3 ACTING PRESIDENT MAYER: Senator
4 May to be recorded in the affirmative.
5 Announce the results.
6 THE SECRETARY: In relation to
7 Calendar 971, those Senators voting in the
8 negative are Senators Akshar, Helming, Jordan and
9 Lanza.
10 Ayes, 59. Nays, 4.
11 ACTING PRESIDENT MAYER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 992, Senate Print 6226, by Senator May, an act to
15 amend the Elder Law.
16 ACTING PRESIDENT MAYER: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT MAYER: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT MAYER: Senator
24 May to explain her vote.
25 SENATOR MAY: Thank you again,
3851
1 Madam President.
2 Social adult day services provide a
3 lifeline for many older New Yorkers, especially
4 those with disabilities or immigrants facing
5 language barriers. These are places where they
6 can find companionship, get personal care and
7 supervision, receive case management, translation
8 assistance, and help with documents or other
9 needs. They have been critical for helping
10 people get vaccinated in the pandemic.
11 This bill will allow them to
12 continue delivering services remotely whenever
13 congregate services are not an option. This has
14 been vital over the last year. But it also has
15 revealed that there are a lot of services they
16 can provide in the remote world that they weren't
17 able to provide before.
18 So I'm very glad that we're able to
19 pass this. I'm grateful to the leadership for
20 bringing it forward. And I vote aye.
21 ACTING PRESIDENT MAYER: Senator
22 May to be recorded in the affirmative.
23 Announce the results.
24 THE SECRETARY: Ayes, 63.
25 ACTING PRESIDENT MAYER: The bill
3852
1 is passed.
2 THE SECRETARY: Calendar Number
3 996, Senate Print 4243A, by Senator Gaughran, an
4 act to amend the Education Law.
5 ACTING PRESIDENT MAYER: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MAYER: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT MAYER: Announce
13 the results.
14 THE SECRETARY: In relation to
15 Calendar 996, those Senators voting in the
16 negative are Senators Griffo, Jordan, Oberacker,
17 Serino and Tedisco.
18 Ayes, 58. Nays, 5.
19 ACTING PRESIDENT MAYER: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1005, Senate Print 6499, by Senator Hoylman, an
23 act to amend the Surrogate's Court Procedure Act.
24 ACTING PRESIDENT MAYER: Read the
25 last section.
3853
1 THE SECRETARY: Section 7. This
2 act shall take effect immediately.
3 ACTING PRESIDENT MAYER: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT MAYER: Announce
7 the results.
8 THE SECRETARY: In relation to
9 Calendar Number 1005, those Senators voting in
10 the negative are Senators Griffo, Oberacker,
11 O'Mara, Serino and Tedisco.
12 Ayes, 58. Nays, 5.
13 ACTING PRESIDENT MAYER: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1007, Senate Print 6503, by Senator Kaplan, an
17 act to amend the Estates, Powers and Trusts Law.
18 SENATOR LANZA: Lay it aside.
19 ACTING PRESIDENT MAYER: The bill
20 is laid aside.
21 THE SECRETARY: Calendar Number
22 1023, Senate Print 6142, by Senator Boyle, an act
23 to amend Chapter 635 of the Laws of 1987.
24 ACTING PRESIDENT MAYER: Read the
25 last section.
3854
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT MAYER: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT MAYER: Announce
7 the results.
8 THE SECRETARY: Ayes, 63.
9 ACTING PRESIDENT MAYER: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1029, Senate Print 5355A, by Senator Breslin, an
13 act to amend the Education Law.
14 ACTING PRESIDENT MAYER: Read the
15 last section.
16 THE SECRETARY: Section 4. This
17 act shall take effect two years after it shall
18 have become a law.
19 ACTING PRESIDENT MAYER: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT MAYER: Announce
23 the results.
24 THE SECRETARY: Ayes, 63.
25 ACTING PRESIDENT MAYER: The bill
3855
1 is passed.
2 THE SECRETARY: Calendar Number
3 1030, Senate Print 6518, by Senator Stavisky, an
4 act to amend the Education Law.
5 ACTING PRESIDENT MAYER: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MAYER: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT MAYER: Announce
13 the results.
14 THE SECRETARY: Ayes, 63.
15 ACTING PRESIDENT MAYER: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1031, Senate Print 6529, by Senator Stavisky, an
19 act to amend the Education Law.
20 ACTING PRESIDENT MAYER: Read the
21 last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MAYER: Call the
25 roll.
3856
1 (The Secretary called the roll.)
2 ACTING PRESIDENT MAYER: Announce
3 the results.
4 THE SECRETARY: Ayes, 63.
5 ACTING PRESIDENT MAYER: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1040, Senate Print 6110, by Senator Breslin, an
9 act to amend the Public Health Law and the
10 Education Law.
11 ACTING PRESIDENT MAYER: Read the
12 last section.
13 THE SECRETARY: Section 4. This
14 act shall take effect immediately.
15 ACTING PRESIDENT MAYER: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MAYER: Announce
19 the results.
20 THE SECRETARY: Ayes, 63.
21 ACTING PRESIDENT MAYER: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1045, Senate Print 5031, by Senator Serrano, an
25 act to amend the Parks, Recreation and Historic
3857
1 Preservation Law.
2 ACTING PRESIDENT MAYER: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT MAYER: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT MAYER: Announce
10 the results.
11 THE SECRETARY: Ayes, 63.
12 ACTING PRESIDENT MAYER: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1049, Senate Print 286A, by Senator Myrie, an act
16 to amend the Election Law.
17 ACTING PRESIDENT MAYER: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT MAYER: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT MAYER: Announce
25 the results.
3858
1 THE SECRETARY: In relation to
2 Calendar 1049, those Senators voting in the
3 negative are Senators Akshar, Borrello, Boyle,
4 Gallivan, Griffo, Helming, Jordan, Lanza,
5 Martucci, Mattera, Oberacker, O'Mara, Ortt,
6 Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and
7 Weik.
8 Ayes, 43. Nays, 20.
9 ACTING PRESIDENT MAYER: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1061, Senate Print 3503C, by Senator Hinchey, an
13 act establishing the New York State Rural
14 Ambulance Services Task Force.
15 ACTING PRESIDENT MAYER: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MAYER: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT MAYER: Announce
23 the results.
24 THE SECRETARY: Ayes, 63.
25 ACTING PRESIDENT MAYER: The bill
3859
1 is passed.
2 THE SECRETARY: Calendar Number
3 1069, Senate Print 6465A, by Senator May, an act
4 in relation to providing credit for fees paid for
5 permits and licenses issued for the sale of
6 alcoholic beverages.
7 ACTING PRESIDENT MAYER: Read the
8 last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MAYER: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT MAYER: Announce
15 the results.
16 THE SECRETARY: Ayes, 63.
17 ACTING PRESIDENT MAYER: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1075, Senate Print 6588A, by Senator May, an act
21 to amend the Public Authorities Law.
22 ACTING PRESIDENT MAYER: Read the
23 last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
3860
1 ACTING PRESIDENT MAYER: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT MAYER: Senator
5 May to explain her vote.
6 SENATOR MAY: Thank you,
7 Madam President.
8 I had the honor of visiting
9 Senator Griffo's district last week to tour the
10 Masonic Medical Research Laboratory. And it is a
11 truly remarkable facility that is doing
12 cutting-edge research and attracting some of the
13 top minds to Central New York and really putting
14 us on the map for medical research in a lot of
15 ways.
16 And so I'm very pleased that we're
17 able to bring this bill to facilitate their
18 capital expansion and recognize the great work
19 that they do.
20 I vote aye. Thank you.
21 ACTING PRESIDENT MAYER: Senator
22 May to be recorded in the affirmative.
23 Announce the results.
24 THE SECRETARY: Ayes, 63.
25 ACTING PRESIDENT MAYER: The bill
3861
1 is passed.
2 THE SECRETARY: Calendar Number
3 1082, Assembly Bill 3320A, substituted earlier by
4 Assemblymember Epstein, an act to amend the
5 New York City Civil Court Act.
6 ACTING PRESIDENT MAYER: Read the
7 last section.
8 THE SECRETARY: Section 4. This
9 act shall take effect on the 90th day after it
10 shall have become a law.
11 ACTING PRESIDENT MAYER: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT MAYER: Announce
15 the results.
16 THE SECRETARY: In relation to
17 Calendar 1082, those Senators voting in the
18 negative are Senators Akshar, Borrello, Gallivan,
19 Griffo, Helming, Jordan, Lanza, Martucci,
20 Mattera, Oberacker, O'Mara, Ortt, Palumbo, Rath,
21 Ritchie, Serino, Skoufis, Stec, Tedisco and Weik.
22 Ayes, 43. Nays, 20.
23 ACTING PRESIDENT MAYER: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3862
1 1083, Senate Print 5377, by Senator Cooney, an
2 act to amend the Real Property Actions and
3 Proceedings Law.
4 ACTING PRESIDENT MAYER: Read the
5 last section.
6 THE SECRETARY: Section 9. This
7 act shall take effect immediately.
8 ACTING PRESIDENT MAYER: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT MAYER: Announce
12 the results.
13 THE SECRETARY: In relation to
14 Calendar Number 1083, voting in the negative:
15 Senator Felder.
16 Ayes, 62. Nays, 1.
17 ACTING PRESIDENT MAYER: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1106, Senate Print 6587, by Senator Gaughran, an
21 act to amend Chapter 643 of the Laws of 2019.
22 ACTING PRESIDENT MAYER: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
3863
1 ACTING PRESIDENT MAYER: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT MAYER: Announce
5 the results.
6 THE SECRETARY: Ayes, 63.
7 ACTING PRESIDENT MAYER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1115, Senate Print 5933A, by Senator Parker, an
11 act directing the Department of Labor to conduct
12 a study on the employment rate of transgender
13 persons in New York State.
14 ACTING PRESIDENT MAYER: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT MAYER: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT MAYER: Announce
22 the results.
23 THE SECRETARY: In relation to
24 Calendar 1115, those Senators voting in the
25 negative are Senators Akshar, Borrello, Gallivan,
3864
1 O'Mara and Ortt.
2 Ayes, 58. Nays, 5.
3 ACTING PRESIDENT MAYER: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1127, Senate Print 1488, by Senator Serrano, an
7 act to amend the Social Services Law and the
8 Executive Law.
9 ACTING PRESIDENT MAYER: Read the
10 last section.
11 THE SECRETARY: Section 4. This
12 act shall take effect on the 60th day after it
13 shall have become a law.
14 ACTING PRESIDENT MAYER: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT MAYER: Announce
18 the results.
19 THE SECRETARY: Ayes, 63.
20 ACTING PRESIDENT MAYER: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1128, Senate Print 6287A, by Senator Mannion, an
24 act to amend the Social Services Law.
25 ACTING PRESIDENT MAYER: Read the
3865
1 last section.
2 THE SECRETARY: Section 4. This
3 act shall take effect on the 180th day after it
4 shall have become a law.
5 ACTING PRESIDENT MAYER: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT MAYER: Announce
9 the results.
10 THE SECRETARY: Ayes, 63.
11 ACTING PRESIDENT MAYER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1136, Senate Print 4807A, by Senator Stavisky, an
15 act to amend the Education Law.
16 ACTING PRESIDENT MAYER: Read the
17 last section.
18 THE SECRETARY: Section 9. This
19 act shall take effect on the 90th day after it
20 shall have become a law.
21 ACTING PRESIDENT MAYER: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT MAYER: Senator
25 Stavisky to explain her vote.
3866
1 SENATOR STAVISKY: Thank you,
2 Madam President.
3 This legislation is about
4 accessibility and availability. There are two
5 states in the country that do not permit
6 pharmacists to administer the vaccines that are
7 approved by the CDC: New Hampshire and New York.
8 And fortunately I think we're on the right track
9 to making that New Hampshire by itself.
10 This bill has a number of
11 beneficiaries. First, we have rural communities
12 where there may not be a healthcare provider,
13 there may not a doctor or whomever the person
14 will turn to. And secondly, in low-income and
15 minority communities, healthcare is often lacking
16 and it's the pharmacist who's there and it's the
17 pharmacist whom people truly trust.
18 Let me thank first, for their help,
19 Senator Stewart-Cousins and the central staff.
20 Let me also thank the stakeholders -- the
21 manufacturers, the providers. Everybody came
22 together with a common interest, a common thread,
23 and that was to accomplish this.
24 And it may not be a perfect bill,
25 but it's an agreed-upon bill, and I think that's
3867
1 extremely important. The Assembly has agreed to
2 this bill. We negotiated with the chair of the
3 Higher Education Committee, Deborah Glick, and we
4 thank Assemblywoman Glick. And I want to thank
5 Assemblywoman Alicia Hyndman for her help in
6 passing this bill, hopefully, in the Assembly.
7 And most important, I'd like to
8 thank my staff. They worked for many, many -- in
9 some cases, years on this bill, particularly my
10 counsel, Nicole Stewart, and my chief of staff,
11 Michael Favilla, who spent many, many hours with
12 the stakeholders on the phone to try to reach
13 consensus.
14 So with that in mind,
15 Madam President, I vote aye.
16 ACTING PRESIDENT MAYER: Senator
17 Stavisky to be recorded in the affirmative.
18 Announce the results.
19 THE SECRETARY: In relation to
20 Calendar 1136, those Senators voting in the
21 negative are Senators Lanza and Weik.
22 Ayes, 61. Nays, 2.
23 ACTING PRESIDENT MAYER: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3868
1 1142, Senate Print 6540, by Senator Cooney, an
2 act to amend the Public Officers Law.
3 ACTING PRESIDENT MAYER: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MAYER: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT MAYER: Announce
11 the results.
12 THE SECRETARY: Ayes, 63.
13 ACTING PRESIDENT MAYER: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1154, Assembly Bill 4125, substituted earlier by
17 Assemblymember Abbate, an act to amend the
18 Civil Service Law.
19 ACTING PRESIDENT MAYER: Read the
20 last section.
21 THE SECRETARY: Section 11. This
22 act shall take effect on the 90th day after it
23 shall have become a law.
24 ACTING PRESIDENT MAYER: Call the
25 roll.
3869
1 (The Secretary called the roll.)
2 ACTING PRESIDENT MAYER: Announce
3 the results.
4 THE SECRETARY: In relation to
5 Calendar 1154, those Senators voting in the
6 negative are Senators Oberacker, Stec and Weik.
7 Ayes, 60. Nays, 3.
8 ACTING PRESIDENT MAYER: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1155, Senate Print 6276A, by Senator Mannion, an
12 act to amend the Civil Service Law.
13 ACTING PRESIDENT MAYER: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT MAYER: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT MAYER: Announce
21 the results.
22 THE SECRETARY: Ayes, 63.
23 ACTING PRESIDENT MAYER: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3870
1 1156, Assembly Bill 7181, substituted earlier by
2 Assemblymember Conrad, an act to amend the
3 Education Law.
4 ACTING PRESIDENT MAYER: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the 90th day after it
8 shall have become a law.
9 ACTING PRESIDENT MAYER: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT MAYER: Announce
13 the results.
14 THE SECRETARY: Ayes, 63.
15 ACTING PRESIDENT MAYER: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1158, Senate Print 6521, by Senator Savino, an
19 act to amend the State Technology Law.
20 ACTING PRESIDENT MAYER: Read the
21 last section.
22 THE SECRETARY: Section 4. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MAYER: Call the
25 roll.
3871
1 (The Secretary called the roll.)
2 ACTING PRESIDENT MAYER: Announce
3 the results.
4 THE SECRETARY: Ayes, 63.
5 ACTING PRESIDENT MAYER: The bill
6 is passed.
7 Calendar 1159 is high and will be
8 laid aside for the day.
9 THE SECRETARY: Calendar Number
10 1164, Senate Print 5762, by Senator Breslin, an
11 act to amend the Insurance Law.
12 ACTING PRESIDENT MAYER: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT MAYER: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT MAYER: Announce
20 the results.
21 THE SECRETARY: Ayes, 63.
22 ACTING PRESIDENT MAYER: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1170, Senate Print 2877, by Senator Ramos, an act
3872
1 to establish a Latina suicide prevention
2 task force.
3 ACTING PRESIDENT MAYER: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on the 60th day after it
7 shall have become a law.
8 ACTING PRESIDENT MAYER: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT MAYER: Announce
12 the results.
13 THE SECRETARY: Ayes, 63.
14 ACTING PRESIDENT MAYER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1174, Senate Print 5938, by Senator Parker, an
18 act to amend the Mental Hygiene Law.
19 ACTING PRESIDENT MAYER: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MAYER: Call the
24 roll.
25 (The Secretary called the roll.)
3873
1 ACTING PRESIDENT MAYER: Announce
2 the results.
3 THE SECRETARY: Ayes, 63.
4 ACTING PRESIDENT MAYER: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1178, Senate Print 6190, by Senator May, an act
8 to amend the Rural Electric Cooperative Law.
9 ACTING PRESIDENT MAYER: Read the
10 last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect immediately.
13 ACTING PRESIDENT MAYER: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT MAYER: Senator
17 May to explain her vote.
18 SENATOR MAY: Thank you,
19 Madam President.
20 This bill offers a small tweak to
21 make life easier for our rural electric
22 cooperatives, but it provides a nice opportunity
23 to talk about these cooperatives here on the
24 floor and help New Yorkers understand the
25 important services they provide, and to lift up
3874
1 the value of a cooperative democratic model for
2 utilities that I believe we should be encouraging
3 in New York State.
4 The Oneida Madison Rural Electric
5 Cooperative in my district serves 2,000 members
6 with effectiveness and efficiency. They have
7 only four line workers, but they provide great
8 service to their members and they provide mutual
9 aid to surrounding providers, including NYSEG.
10 Electric co-ops are at the front of
11 promoting renewable energy and energy efficiency.
12 I am pleased that the Legislature is passing this
13 bill to enable them to meet more easily, and I
14 hope we will look to them as a model for other
15 rural utilities like broadband.
16 Thank you. I vote aye.
17 ACTING PRESIDENT MAYER: Senator
18 May to be recorded in the affirmative.
19 Announce the results.
20 THE SECRETARY: Ayes, 63.
21 ACTING PRESIDENT MAYER: The bill
22 is passed.
23 Calendar 1183 is high and will be
24 laid aside for the day.
25 THE SECRETARY: Calendar Number
3875
1 1204, Assembly Bill 7094, substituted earlier by
2 Assemblymember Lavine, an act to amend the
3 Real Property Tax Law.
4 ACTING PRESIDENT MAYER: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT MAYER: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT MAYER: Announce
12 the results.
13 THE SECRETARY: Ayes, 63.
14 ACTING PRESIDENT MAYER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1206, Senate Print 6058, by Senator Stec, an act
18 to deem an application filed with the New York
19 State and Local Police and Fire Retirement System
20 by the widow of Stephen L. Raymond as timely
21 filed.
22 ACTING PRESIDENT MAYER: Read the
23 last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
3876
1 ACTING PRESIDENT MAYER: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT MAYER: Announce
5 the results.
6 THE SECRETARY: Ayes, 63.
7 ACTING PRESIDENT MAYER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1211, Senate Print 6528, by Senator Persaud, an
11 act to amend the Elder Law.
12 ACTING PRESIDENT MAYER: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT MAYER: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT MAYER: Announce
20 the results.
21 THE SECRETARY: Ayes, 63.
22 ACTING PRESIDENT MAYER: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1233, Senate Print 6714, by Senator Hinchey, an
3877
1 act to amend the Agriculture and Markets Law.
2 ACTING PRESIDENT MAYER: Read the
3 last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect on the 60th day after it
6 shall have become a law.
7 ACTING PRESIDENT MAYER: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT MAYER: Announce
11 the results.
12 THE SECRETARY: In relation to
13 Calendar Number 1233, voting in the negative:
14 Senator Brisport.
15 Ayes, 62. Nays, 1.
16 ACTING PRESIDENT MAYER: The bill
17 is passed.
18 Senator Gianaris.
19 SENATOR GIANARIS: Madam President,
20 I appreciate the efficiency with which we're
21 going through this, but we inadvertently skipped
22 over Senator Serino, who wanted to explain her
23 vote on Calendar 1211. So if we can go back to
24 that, with unanimous consent, and let her explain
25 her vote now.
3878
1 Thank you.
2 ACTING PRESIDENT MAYER: Without
3 objection, so ordered.
4 Senator Serino to explain your vote.
5 SENATOR SERINO: Thank you,
6 Senator Gianaris. And thank you,
7 Madam President.
8 I rise today to thank the bill's
9 sponsor, Senator Persaud, for bringing this bill
10 to the floor today.
11 You know, since taking office one of
12 my top priorities has been fighting elder abuse.
13 And I think it was in 2015 or 2016 that I was
14 first introduced to the Enhanced
15 Multi-Disciplinary Team model, otherwise known as
16 the EMDT program. And it was run at the time by
17 the Life Span of Greater Rochester. But I was
18 blown away by their rate of effectiveness. It
19 was amazing.
20 This is one of those rare amazing
21 programs that really does what it promises to
22 do -- imagine that. Their commitment not only to
23 stopping elder abuse in its tracks, but their
24 unparalleled ability to actually find and return
25 stolen money to survivors of financial elder
3879
1 abuse was so remarkable. And I knew then that we
2 had to do everything that we could to ensure
3 their expansion here in the state.
4 So today EMDTs across New York are
5 committed to investigating, intervening and
6 preventing the financial exploitation of elder
7 abuse. But what really sets them apart is that
8 while focusing on this issue in particular, they
9 also work holistically to address co-occurring
10 forms of abuse, which is something that is all
11 too prevalent when it comes to elder abuse.
12 Elder abuse, especially financial
13 exploitation, is one of the most underreported
14 and underprosecuted crimes -- not only in our
15 state, but in our nation, costing American
16 seniors billions of dollars each year. And I
17 know that a lot of my colleagues get these same
18 phone calls that I do, and it just breaks your
19 heart. So to see this team that's actually able
20 to recoup money is amazing.
21 So while we have made progress in
22 the fight against elder abuse, the reality is
23 that we know when the dust settles in the wake of
24 the COVID-19 pandemic, we will certainly learn of
25 even more cases. Putting the EMDT program into
3880
1 law now is an important step that will hopefully
2 help ensure that these cases actually get the
3 attention that they deserve. And bringing elder
4 abuse out of the shadows and working to empower
5 our seniors will take committed partners at every
6 single level.
7 Passing this bill today is an
8 important step forward in that regard, and I
9 thank my colleagues for supporting such an
10 important initiative.
11 Thank you, Madam President.
12 ACTING PRESIDENT MAYER: Senator
13 Serino will be recorded in the affirmative on
14 Calendar 1211.
15 There's a substitution at the desk.
16 The Secretary will read.
17 THE SECRETARY: Senator Comrie
18 moves to discharge, from the Committee on Rules,
19 Assembly Bill Number 1442B and substitute it for
20 the identical Senate Bill 4625A, Third Reading
21 Calendar 1237.
22 ACTING PRESIDENT MAYER: The
23 substitution is so ordered.
24 The Secretary will read.
25 THE SECRETARY: Calendar Number
3881
1 1237, Assembly Bill Number 1442B, by
2 Assemblymember Carroll, an act to amend the
3 Public Authorities Law.
4 ACTING PRESIDENT MAYER: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT MAYER: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT MAYER: Announce
12 the results.
13 THE SECRETARY: Ayes, 63.
14 ACTING PRESIDENT MAYER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1243, Senate Print Number 6221, by
18 Senator Reichlin-Melnick, an act to amend the
19 Highway Law.
20 ACTING PRESIDENT MAYER: Read the
21 last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MAYER: Call the
25 roll.
3882
1 (The Secretary called the roll.)
2 ACTING PRESIDENT MAYER: Announce
3 the results.
4 THE SECRETARY: Ayes, 63.
5 ACTING PRESIDENT MAYER: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1260, Assembly Bill 7024, substituted earlier by
9 Assemblymember Woerner, an act to amend the
10 Racing, Pari-Mutuel Wagering and Breeding Law.
11 ACTING PRESIDENT MAYER: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT MAYER: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MAYER: Announce
19 the results.
20 THE SECRETARY: Ayes, 63.
21 ACTING PRESIDENT MAYER: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1263, Senate Print 293, by Senator Myrie, an act
25 to amend the Tax Law.
3883
1 ACTING PRESIDENT MAYER: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MAYER: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT MAYER: Announce
9 the results.
10 THE SECRETARY: Ayes, 63.
11 ACTING PRESIDENT MAYER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1267, Assembly Bill 993A, substituted earlier by
15 Assemblymember Bronson, an act to amend
16 Chapter 416 of the Laws of 2007.
17 ACTING PRESIDENT MAYER: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT MAYER: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT MAYER: Senator
25 Cooney to explain his vote.
3884
1 SENATOR COONEY: Thank you,
2 Madam President, for the opportunity to speak on
3 an important bill that is long-awaited in
4 Rochester.
5 Schools throughout the Rochester
6 City School District will have their classrooms
7 and facilities finally updated, impacting an
8 estimated 10,000 students. Moreover, thousands
9 of good-paying jobs will be created over the
10 three years of this program. That's what a
11 $475 million investment in the Rochester Schools
12 Modernization Program can do.
13 As someone who grew up in Rochester
14 and graduated from the city school district, I
15 know this investment is needed for our community.
16 The jobs we are creating through this program
17 will help bring working-class families back into
18 the workforce, a first step in the recovery from
19 this terrible pandemic. This is especially true
20 for women- and minority-owned businesses.
21 And for the students, this is about
22 access to educational equity. In my district,
23 child poverty is at 47 percent. Our children in
24 the City School District of Rochester deserve the
25 same opportunities as their peers in more
3885
1 affluent school districts, and across other
2 upstate cities.
3 I want to thank the Majority Leader
4 for prioritizing this investment in the Rochester
5 City School District. And for our students and
6 our families, I am proud to vote in favor of this
7 bill.
8 Thank you, Madam President.
9 ACTING PRESIDENT MAYER: Senator
10 Cooney to be recorded in the affirmative.
11 Announce the results.
12 THE SECRETARY: Ayes, 63.
13 ACTING PRESIDENT MAYER: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1274, Senate Print 2789, by Senator Sepúlveda, an
17 act to amend the Executive Law.
18 ACTING PRESIDENT MAYER: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MAYER: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT MAYER: Announce
3886
1 the results.
2 THE SECRETARY: Ayes, 63.
3 ACTING PRESIDENT MAYER: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1284, Senate Print 5556, by Senator Palumbo, an
7 act to amend the General Municipal Law.
8 ACTING PRESIDENT MAYER: There is a
9 home-rule message at the desk.
10 Read the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT MAYER: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT MAYER: Announce
17 the results.
18 THE SECRETARY: In relation to
19 Calendar Number 1284, voting in the negative:
20 Senator Serino.
21 Ayes, 62. Nays, 1.
22 ACTING PRESIDENT MAYER: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1285, Assembly Bill 6258A, substituted earlier by
3887
1 Assemblymember Magnarelli, an act to amend
2 Part A-4 of Chapter 58 of the Laws of 2006.
3 ACTING PRESIDENT MAYER: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MAYER: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT MAYER: Senator
11 May to explain her vote.
12 SENATOR MAY: Thank you,
13 Madam President.
14 Like Senator Cooney, I want to thank
15 my colleagues for making it possible for the
16 schools in my district to get the upgrades that
17 they need so that our kids can really succeed.
18 This Joint Schools Construction Board project
19 will upgrade 10 schools in the district,
20 including three high schools in my district and
21 seven primary, middle and K-8 schools.
22 And we've seen from the previous
23 projects they do provide good union jobs and they
24 make a huge difference in terms of the
25 communities feeling that they have buy-in in the
3888
1 schools. They turn the schools into assets for
2 the whole community.
3 So I am thrilled that we are able to
4 provide this opportunity for the children and
5 teachers of Syracuse, and I vote aye.
6 ACTING PRESIDENT MAYER: Senator
7 May to be recorded in the affirmative.
8 Announce the results.
9 THE SECRETARY: Ayes, 63.
10 ACTING PRESIDENT MAYER: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1288, Senate Print 6054, by Senator Lanza, an act
14 to amend Chapter 759 of the Laws of 1973.
15 ACTING PRESIDENT MAYER: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MAYER: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT MAYER: Announce
23 the results.
24 THE SECRETARY: Ayes, 63.
25 ACTING PRESIDENT MAYER: The bill
3889
1 is passed.
2 THE SECRETARY: Calendar Number
3 1290, Senate Print 6336, by Senator Gallivan, an
4 act in relation to granting Blake Russell
5 additional service credit with the New York State
6 and Local Police and Fire Retirement System.
7 ACTING PRESIDENT MAYER: There is a
8 home-rule message at the desk.
9 Read the last section.
10 THE SECRETARY: Section 3. This
11 act shall take effect immediately.
12 ACTING PRESIDENT MAYER: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT MAYER: Announce
16 the results.
17 THE SECRETARY: Ayes, 63.
18 ACTING PRESIDENT MAYER: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1295, Assembly Bill 7124, substituted earlier by
22 Assemblymember Joyner, an act to amend the
23 General Municipal Law and the Retirement and
24 Social Security Law.
25 ACTING PRESIDENT MAYER: Read the
3890
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT MAYER: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT MAYER: Announce
8 the results.
9 THE SECRETARY: Ayes, 63.
10 ACTING PRESIDENT MAYER: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1296, Senate Print 6487, by Senator Stavisky, an
14 act to amend the Real Property Tax Law.
15 ACTING PRESIDENT MAYER: Read the
16 last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MAYER: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT MAYER: Announce
23 the results.
24 THE SECRETARY: In relation to
25 Calendar 1296, those Senators voting in the
3891
1 negative are Senators Myrie and Ortt.
2 Ayes, 61. Nays, 2.
3 ACTING PRESIDENT MAYER: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1299, Senate Print 6619A, by Senator Gounardes,
7 an act to amend the Retirement and Social
8 Security Law.
9 ACTING PRESIDENT MAYER: Read the
10 last section.
11 THE SECRETARY: Section 5. This
12 act shall take effect on the first of April.
13 ACTING PRESIDENT MAYER: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT MAYER: Announce
17 the results.
18 THE SECRETARY: Ayes, 63.
19 ACTING PRESIDENT MAYER: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1302, Senate Print 6686, by Senator Brouk, an act
23 to amend Section 4 of Part M of Chapter 56 of the
24 Laws of 2012.
25 ACTING PRESIDENT MAYER: Read the
3892
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT MAYER: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT MAYER: Announce
8 the results.
9 THE SECRETARY: Ayes, 63.
10 ACTING PRESIDENT MAYER: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1303, Senate Print 6703, by Senator Rath, an act
14 to amend the Not-For-Profit Corporation Law.
15 ACTING PRESIDENT MAYER: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MAYER: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT MAYER: Announce
23 the results.
24 THE SECRETARY: Ayes, 63.
25 ACTING PRESIDENT MAYER: The bill
3893
1 is passed.
2 THE SECRETARY: Calendar Number
3 1304, Senate Print 6767, by Senator Rivera, an
4 act to amend the Public Health Law.
5 ACTING PRESIDENT MAYER: Read the
6 last section.
7 THE SECRETARY: Section 7. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MAYER: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT MAYER: Announce
13 the results.
14 THE SECRETARY: In relation to
15 Calendar Number 1304, voting in the negative:
16 Senator Felder.
17 Ayes, 62. Nays, 1.
18 ACTING PRESIDENT MAYER: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1306, Assembly Print 7577, substituted earlier by
22 Assemblymember Stirpe, an act to amend
23 Chapter 448 of the Laws of 2017.
24 ACTING PRESIDENT MAYER: Read the
25 last section.
3894
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT MAYER: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT MAYER: Announce
7 the results.
8 THE SECRETARY: Ayes, 63.
9 ACTING PRESIDENT MAYER: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1307, Senate Print 6783, by Senator Cooney, an
13 act to amend the Education Law.
14 ACTING PRESIDENT MAYER: Read the
15 last section.
16 THE SECRETARY: Section 4. This
17 act shall take effect 18 months after it shall
18 have become a law.
19 ACTING PRESIDENT MAYER: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT MAYER: Announce
23 the results.
24 THE SECRETARY: In relation to
25 Calendar 1307, those Senators voting in the
3895
1 negative are Senators Lanza and Skoufis.
2 Ayes, 61. Nays, 2.
3 ACTING PRESIDENT MAYER: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1310, Senate Print 6818, by Senator Serrano, an
7 act to amend Chapter 192 of the Laws of 2007.
8 ACTING PRESIDENT MAYER: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT MAYER: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT MAYER: Announce
16 the results.
17 THE SECRETARY: Ayes, 63.
18 ACTING PRESIDENT MAYER: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1311, Assembly Print 7396, substituted earlier by
22 Assemblymember Burdick, an act to amend
23 Chapter 122 of the Laws of 2000.
24 ACTING PRESIDENT MAYER: Read the
25 last section.
3896
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT MAYER: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT MAYER: Announce
7 the results.
8 THE SECRETARY: Ayes, 63.
9 ACTING PRESIDENT MAYER: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1312, Senate Print 6832, by Senator Addabbo, an
13 act to amend Part 1 of Chapter 61 of the Laws of
14 2017.
15 ACTING PRESIDENT MAYER: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MAYER: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT MAYER: Announce
23 the results.
24 THE SECRETARY: Ayes, 63.
25 ACTING PRESIDENT MAYER: The bill
3897
1 is passed.
2 THE SECRETARY: Calendar Number
3 1314, Senate Print 6896, by Senator Rivera, an
4 act to amend Chapter 2 of the Laws of 1998.
5 ACTING PRESIDENT MAYER: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MAYER: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT MAYER: Announce
13 the results.
14 THE SECRETARY: Ayes, 63.
15 ACTING PRESIDENT MAYER: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1315, Senate Print 6917, by Senator Kavanagh, an
19 act to amend the Private Housing Finance Law.
20 ACTING PRESIDENT MAYER: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MAYER: Call the
25 roll.
3898
1 (The Secretary called the roll.)
2 ACTING PRESIDENT MAYER: Announce
3 the results.
4 THE SECRETARY: Ayes, 63.
5 ACTING PRESIDENT MAYER: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1316, Senate Print 6951, by Senator Kavanagh, an
9 act to amend Chapter 514 of the Laws of 1983.
10 ACTING PRESIDENT MAYER: Read the
11 last section.
12 THE SECRETARY: Section 3. This
13 act shall take effect immediately.
14 ACTING PRESIDENT MAYER: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT MAYER: Announce
18 the results.
19 THE SECRETARY: Ayes, 63.
20 ACTING PRESIDENT MAYER: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1318, Senate Print 6975, by Senator Kavanagh, an
24 act to amend the Private Housing Finance Law.
25 ACTING PRESIDENT MAYER: Read the
3899
1 last section.
2 THE SECRETARY: Section 10. This
3 act shall take effect immediately.
4 ACTING PRESIDENT MAYER: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT MAYER: Announce
8 the results.
9 THE SECRETARY: Ayes, 63.
10 ACTING PRESIDENT MAYER: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1319, Senate Print 7007, by Senator Persaud, an
14 act to amend the Social Services Law.
15 ACTING PRESIDENT MAYER: Read the
16 last section.
17 THE SECRETARY: Section 5. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MAYER: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT MAYER: Announce
23 the results.
24 THE SECRETARY: In relation to
25 Calendar 1319, those Senators voting in the
3900
1 negative are Senators Akshar, Borrello, Boyle,
2 Gallivan, Griffo, Helming, Jordan, Lanza,
3 Mattera, Oberacker, O'Mara, Ortt, Palumbo, Rath,
4 Serino, Stec, Tedisco and Weik.
5 Ayes, 45. Nays, 18.
6 ACTING PRESIDENT MAYER: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1320, Senate Print 7008, by Senator Benjamin, an
10 act to amend the Social Services Law.
11 ACTING PRESIDENT MAYER: Read the
12 last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect immediately.
15 ACTING PRESIDENT MAYER: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MAYER: Announce
19 the results.
20 THE SECRETARY: In relation to
21 Calendar 1320, those Senators voting in the
22 negative are Senators Borrello and Griffo.
23 Ayes, 61. Nays, 2.
24 ACTING PRESIDENT MAYER: The bill
25 is passed.
3901
1 THE SECRETARY: Calendar Number
2 1321, Senate Print 655, by Senator Harckham, an
3 act to amend the Environmental Conservation Law.
4 ACTING PRESIDENT MAYER: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the 120th day after it
8 shall have become a law.
9 ACTING PRESIDENT MAYER: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT MAYER: Announce
13 the results.
14 THE SECRETARY: In relation to
15 Calendar Number 1321, voting in the negative:
16 Senator Tedisco.
17 Ayes, 62. Nays, 1.
18 ACTING PRESIDENT MAYER: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1324, Senate Print 1811, by Senator Skoufis, an
22 act to amend the Town Law.
23 ACTING PRESIDENT MAYER: Read the
24 last section.
25 THE SECRETARY: Section 4. This
3902
1 act shall take effect immediately.
2 ACTING PRESIDENT MAYER: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT MAYER: Announce
6 the results.
7 THE SECRETARY: In relation to
8 Calendar 1324, those Senators voting in the
9 negative are Senators Akshar, Brooks, Felder,
10 Gallivan, Gaughran, Helming, Jordan, Kennedy,
11 Lanza, Mannion, Oberacker, O'Mara, Ortt, Palumbo,
12 Rath, Reichlin-Melnick, Serino, Stec, Thomas and
13 Weik.
14 Ayes, 43. Nays, 20.
15 ACTING PRESIDENT MAYER: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1329, Senate Print 4317A, by Senator Borrello, an
19 act to amend the Highway Law.
20 ACTING PRESIDENT MAYER: Read the
21 last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MAYER: Call the
25 roll.
3903
1 (The Secretary called the roll.)
2 ACTING PRESIDENT MAYER: Senator
3 Borrello to explain his vote.
4 SENATOR BORRELLO: Thank you,
5 Madam President.
6 First off, I'd like to start by
7 thanking the leadership on both sides of the
8 aisle for bringing this bill forward.
9 Yesterday was Memorial Day, where we
10 honored those who have made the ultimate
11 sacrifice in defense of our nation. And today
12 this bill honors someone who has made that
13 sacrifice. Corporal William James Hillard is one
14 of those extraordinary people who has had a debt
15 that we cannot repay, paying with his very life.
16 Corporal Hillard is a native of
17 Kennedy, New York, and was a graduate of Randolph
18 Central Schools in 1966. He joined the Peace
19 Corps in 1967, helping farmers in India, and then
20 joined the U.S. Army in 1968 to serve in Vietnam.
21 Tragically, he was killed in action
22 on March 15, 1969, just 15 days after his
23 21st birthday. He left behind a wife and a young
24 child.
25 In peacetime and in war, Corporal
3904
1 Hillard devoted his young life to serving others
2 and to serving his country. He embodied the
3 ideals of honor, duty and courage which exemplify
4 men and women who serve in our country's armed
5 forces.
6 Also for his service he received
7 many medals, including a Purple Heart, two Bronze
8 Star medals, a Good Conduct Medal, and the
9 Presidential Unit Citation.
10 This bill will honor and recognize
11 his selfless service by renaming the interstate
12 I-86 bridge across West Main Street in the
13 Town of Randolph as the "Corporal William James
14 Hillard II Memorial Bridge."
15 As Americans we must never forget
16 those who made this ultimate sacrifice. And
17 renaming this bridge will be one more step in
18 ensuring that those who gave their lives are
19 never forgotten here in New York State and across
20 the nation.
21 Thank you.
22 ACTING PRESIDENT MAYER: Senator
23 Borrello to be recorded in the affirmative.
24 Announce the results.
25 THE SECRETARY: Ayes, 63.
3905
1 ACTING PRESIDENT MAYER: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1334, Senate Print 4438, by Senator Skoufis, an
5 act to amend the Retirement and Social Security
6 Law.
7 ACTING PRESIDENT PERSAUD: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT PERSAUD: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT PERSAUD: Announce
15 the results.
16 THE SECRETARY: Ayes, 63.
17 ACTING PRESIDENT PERSAUD: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1335, Senate Print 4453, by Senator Breslin, an
21 act to repeal subdivision 6 of Section 11-0907 of
22 the Environmental Conservation Law.
23 ACTING PRESIDENT PERSAUD: Read the
24 last section.
25 THE SECRETARY: Section 2. This
3906
1 act shall take effect immediately.
2 ACTING PRESIDENT PERSAUD: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT PERSAUD: Announce
6 the results.
7 THE SECRETARY: In relation to
8 Calendar Number 1335, voting in the negative:
9 Senator Brisport.
10 Ayes, 62. Nays, 1.
11 ACTING PRESIDENT PERSAUD: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1338, Senate Print 4613, by Senator Mattera, an
15 act to amend the Highway Law.
16 ACTING PRESIDENT PERSAUD: There is
17 a home-rule message at the desk.
18 Read the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT PERSAUD: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT PERSAUD: Announce
25 the results.
3907
1 THE SECRETARY: In relation to
2 Calendar Number 1338, voting in the negative:
3 Senator Skoufis.
4 Ayes, 62. Nays, 1.
5 ACTING PRESIDENT PERSAUD: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1339, Assembly Bill 2439, substituted earlier by
9 Assemblymember Aubry, an act in relation to
10 directing the president of the State Civil
11 Service Commission to publish reports.
12 ACTING PRESIDENT PERSAUD: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT PERSAUD: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT PERSAUD: Announce
20 the results.
21 THE SECRETARY: In relation to
22 Calendar 1339, those Senators voting in the
23 negative are Senators Lanza and Ortt.
24 Ayes, 61. Nays, 2.
25 ACTING PRESIDENT PERSAUD: The bill
3908
1 is passed.
2 THE SECRETARY: Calendar Number
3 1340, Senate Print 4915, by Senator Lanza, an act
4 to amend the State Law.
5 ACTING PRESIDENT PERSAUD: Read the
6 last section.
7 THE SECRETARY: Section 9. This
8 act shall take effect immediately.
9 ACTING PRESIDENT PERSAUD: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT PERSAUD: Announce
13 the results.
14 THE SECRETARY: In relation to
15 Calendar Number 1340, voting in the negative:
16 Senator Brisport.
17 Ayes, 62. Nays, 1.
18 ACTING PRESIDENT PERSAUD: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1348, Assembly Bill 6182, substituted earlier by
22 Assemblymember Gunther, an act to amend the
23 Environmental Conservation Law.
24 ACTING PRESIDENT PERSAUD: Read the
25 last section.
3909
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT PERSAUD: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT PERSAUD: Announce
7 the results.
8 THE SECRETARY: Ayes, 63.
9 ACTING PRESIDENT PERSAUD: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1362, Assembly Bill 7387, substituted earlier by
13 Assemblymember Jones, an act to amend the
14 Environmental Conservation Law.
15 ACTING PRESIDENT PERSAUD: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT PERSAUD: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT PERSAUD: Announce
23 the results.
24 THE SECRETARY: Ayes, 63.
25 ACTING PRESIDENT PERSAUD: The bill
3910
1 is passed.
2 THE SECRETARY: Calendar Number
3 1363, Senate Print 7016, by Senator Persaud, an
4 act to amend Chapter 81 of the Laws of 1995.
5 ACTING PRESIDENT PERSAUD: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT PERSAUD: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT PERSAUD: Announce
13 the results.
14 THE SECRETARY: Ayes, 63.
15 ACTING PRESIDENT PERSAUD: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1365, Assembly Bill 7574, substituted earlier by
19 Assemblymember Conrad, an act to amend Chapter 84
20 of the Laws of 2010.
21 ACTING PRESIDENT PERSAUD: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT PERSAUD: Call the
3911
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT PERSAUD: Announce
4 the results.
5 THE SECRETARY: Ayes, 63.
6 ACTING PRESIDENT PERSAUD: The bill
7 is passed.
8 Senator Gianaris, that completes the
9 reading of today's calendar.
10 SENATOR GIANARIS: Thank you,
11 Madam President. Let's move to the controversial
12 calendar, please.
13 ACTING PRESIDENT PERSAUD: The
14 Secretary will ring the bell.
15 The Secretary will read.
16 THE SECRETARY: Calendar Number
17 452, Assembly Bill 2230A, by Assemblymember
18 Reyes, an act to amend the Executive Law.
19 ACTING PRESIDENT PERSAUD: Senator
20 Lanza, why do you rise?
21 SENATOR LANZA: Madam President, I
22 believe there's an amendment at the desk. I
23 waive the reading of that amendment and ask that
24 Senator Boyle be recognized and heard.
25 ACTING PRESIDENT PERSAUD: Thank
3912
1 you, Senator Lanza.
2 Upon review of the amendment, in
3 accordance with Rule 6, Section 4B, I rule it
4 nongermane and out of order at this time.
5 SENATOR LANZA: Accordingly,
6 Madam President, I appeal the ruling of the chair
7 and ask that Senator Boyle be recognized.
8 ACTING PRESIDENT PERSAUD: The
9 appeal has been made and recognized, and Senator
10 Boyle may be heard.
11 Senator Boyle.
12 SENATOR BOYLE: Thank you,
13 Madam President.
14 I rise to appeal the rule of the
15 chair. The proposed amendment is germane to the
16 bill at hand because the bill at hand creates the
17 Hate Crimes Analysis and Review Act. And this
18 amendment specifically designates hate crimes as
19 bail-eligible crimes. There really cannot be any
20 more germane piece of legislation than this
21 amendment.
22 I ask you, Madam Speaker --
23 Madam President -- do we really need another
24 study? You want a study about hate crimes in
25 New York State? Watch the news. Every day
3913
1 there's another heinous attack on Asian
2 New Yorkers, antisemitic attacks against our
3 Jewish brothers and sisters. Every ethnicity --
4 Black, Hispanic, whites -- have been victims of
5 hate crimes.
6 We have two weeks left in this
7 legislative session. We can either do another
8 study to look at what we already know, or we can
9 act. And that's why I urge my colleagues to pass
10 this amendment and vote on it. This is
11 legislation supported by our colleague Senator
12 Lanza, which would make hate crimes
13 bail-eligible. That way these despicable
14 criminals who are committing these heinous hate
15 crimes know there's not a revolving door. They
16 know they cannot commit hate crimes and be
17 walking out the door of that courthouse a couple
18 of hours later.
19 Let's pass this amendment. It is
20 germane. I thank you, Madam President.
21 ACTING PRESIDENT PERSAUD: Thank
22 you, Senator.
23 I want to remind the house that the
24 vote is on the procedures of the house and the
25 ruling of the chair.
3914
1 Those in favor of overruling the
2 chair signify by saying aye.
3 SENATOR LANZA: Request a show of
4 hands.
5 SENATOR GIANARIS: Madam President,
6 we've agreed to waive the showing of hands and
7 record each member of the Minority in the
8 affirmative.
9 ACTING PRESIDENT PERSAUD: Without
10 objection, so ordered.
11 Announce the results.
12 THE SECRETARY: Ayes, 20.
13 ACTING PRESIDENT PERSAUD: The
14 ruling of the chair stands, and the bill-in-chief
15 is before the house.
16 Are there any other Senators wishing
17 to be heard? Seeing and hearing none, the debate
18 is closed.
19 The Secretary will ring the bell.
20 Read the last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect on the 90th day after it
23 shall have become a law.
24 ACTING PRESIDENT PERSAUD: Call the
25 roll.
3915
1 (The Secretary called the roll.)
2 ACTING PRESIDENT PERSAUD: Announce
3 the results.
4 THE SECRETARY: Ayes, 63.
5 ACTING PRESIDENT PERSAUD: The bill
6 is passed.
7 The Secretary will read.
8 THE SECRETARY: Calendar Number
9 800, Senate Print 6070A, by Senator Sanders, an
10 act directing the Department of Financial
11 Services to conduct a study on certain impacts of
12 the coronavirus (COVID-19) pandemic.
13 ACTING PRESIDENT PERSAUD: Senator
14 Lanza, why do you rise?
15 SENATOR LANZA: Madam President, I
16 believe there's an amendment at the desk. I
17 waive the reading of that amendment and ask that
18 Senator Oberacker be recognized and heard.
19 ACTING PRESIDENT PERSAUD: Thank
20 you, Senator Lanza.
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 LANZA: Accordingly, Madam
25 President, I appeal the ruling of the chair and
3916
1 ask that Senator Oberacker be recognized.
2 ACTING PRESIDENT PERSAUD: The
3 appeal has been made and recognized, and
4 Senator Oberacker may be heard.
5 SENATOR OBERACKER: Thank you,
6 Madam President.
7 I rise to appeal the ruling of the
8 chair. The proposed amendment is germane to the
9 bill at hand because the bill at hand directs the
10 Department of Financial Services and the Empire
11 State Development Corporation to study the
12 financial impacts of the COVID-19 pandemic,
13 including the financial impacts on small
14 businesses.
15 The amendment before us repeals the
16 Governor's emergency powers. With these powers,
17 the Governor issued executive orders and
18 countless directives shutting down small
19 businesses across the state, while allowing big
20 box stores to continue to operate.
21 Without many of these orders and
22 directives, I would argue that a study would not
23 even be needed. I would certainly say that much
24 of what the study finds will point right back to
25 the Governor's absolute powers.
3917
1 Small business owners have been
2 crying out for some consistency here in Albany.
3 Throughout the pandemic they have been treated to
4 unscientific mandates, which were announced in a
5 press conference by our ruler-in-chief and then
6 explained later if we were lucky.
7 These one-size-fits-all orders have
8 not taken into account what is happening on our
9 Main Streets, yet the Legislature continues to
10 allow the Governor to act on his own. The
11 statewide seven-day average positivity rate is
12 now below 1 percent. COVID may not be
13 eliminated, but it is no longer spreading
14 uncontrollably.
15 Our legislative session is nearing
16 an end, so let's take action now. End the
17 Governor's emergency powers and end the
18 stranglehold he has had on small businesses. In
19 order for democracy to thrive, we need to do our
20 part. If government is not by the people and if
21 government is not of the people, then it cannot
22 be for the people.
23 For these reasons, Madam President,
24 I strongly urge you to reconsider your ruling.
25 Thank you.
3918
1 ACTING PRESIDENT PERSAUD: Thank
2 you, Senator.
3 I want to remind the house that the
4 vote is on the procedures of the house and the
5 ruling of the chair.
6 Those in favor of overruling the
7 chair signify by saying aye.
8 SENATOR LANZA: Request a show of
9 hands.
10 SENATOR GIANARIS: We've again
11 agreed to waive the showing of hands, Madam
12 President, and record each member of the Minority
13 in the affirmative.
14 ACTING PRESIDENT PERSAUD: Without
15 objection, so ordered.
16 Announce the results.
17 THE SECRETARY: Ayes, 20.
18 ACTING PRESIDENT PERSAUD: The
19 ruling of the chair stands, and the bill-in-chief
20 is before the house.
21 Are there any other Senators wishing
22 to be heard?
23 Seeing and hearing none, debate is
24 closed. The Secretary will ring the bell.
25 Read the last section.
3919
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT PERSAUD: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT PERSAUD: Announce
7 the results.
8 THE SECRETARY: In relation to
9 Calendar Number 800, voting in the negative:
10 Senator Akshar.
11 Ayes, 62. Nays, 1.
12 ACTING PRESIDENT PERSAUD: The bill
13 is passed.
14 The Secretary will read.
15 THE SECRETARY: Calendar Number
16 1007, Senate Print 6503, by Senator Kaplan, an
17 act to amend the Estates, Powers and Trusts Law.
18 ACTING PRESIDENT PERSAUD: Senator
19 Palumbo.
20 SENATOR PALUMBO: Thank you,
21 Madam President. Will the sponsor yield for a
22 few questions, please.
23 ACTING PRESIDENT PERSAUD: Will the
24 sponsor yield?
25 SENATOR KRUEGER: I'm serving as
3920
1 the sponsor today, if that's okay,
2 Madam President.
3 ACTING PRESIDENT PERSAUD: Senator
4 Krueger will yield.
5 SENATOR PALUMBO: Thank you,
6 Senator. I certainly appreciate that.
7 So as we discussed previously,
8 Senator, I'd like to maybe preface my comments
9 with a just a refresher, because I'm going to get
10 a little bit in the weeds. This bill's been
11 around for some time, and when I was in the other
12 house I had the same concerns with it, that
13 essentially, obviously, there are two ways
14 someone can die when it comes to estates, with a
15 will or without a will.
16 I'm going to address without a will
17 initially. Under Estates, Powers and Trusts Law,
18 Section 1-2.10, "issue" is defined as follows:
19 "Unless a contrary intention is indicated: Issue
20 are the descendants in any degree from a common
21 ancestor. The terms 'issue' and 'descendants' in
22 subparagraph (1) include adopted children."
23 So my first question to you,
24 Senator Krueger, is this bill refers essentially
25 to stepchildren and those that may have had any
3921
1 relationship to a divorced individual. So I
2 think we can agree -- and please correct me if
3 I'm wrong -- that stepchildren, under our estate
4 law in New York, have no right to inherit based
5 upon someone who dies without a will. Or from
6 someone who dies without a will. Is that
7 accurate?
8 SENATOR KRUEGER: That is correct.
9 SENATOR PALUMBO: Thank you.
10 Will the Senator yield for another
11 question, please.
12 ACTING PRESIDENT PERSAUD: Senator
13 Krueger, do you yield?
14 SENATOR KRUEGER: Yes, I do.
15 ACTING PRESIDENT PERSAUD: The
16 Senator yields.
17 SENATOR PALUMBO: So -- thank you,
18 Senator Krueger.
19 And so essentially this statute
20 applies to those individuals who die with a will
21 and then subsequently get divorced. Is that
22 accurate?
23 SENATOR KRUEGER: Yes.
24 SENATOR PALUMBO: Would you yield
25 for another question, please.
3922
1 SENATOR KRUEGER: Yes.
2 SENATOR PALUMBO: Thank you,
3 Senator.
4 And so what my concern is, is that
5 now that someone who has already drafted a will
6 prior to getting divorced now gets divorced. And
7 again, correct me if I'm wrong, this statute will
8 ultimately disinherit any stepchildren if there
9 was a provision for that stepchild during the
10 marriage.
11 SENATOR KRUEGER: Unless there's
12 evidence that their intent was contrary. And the
13 court, in their memo, actually lays out a number
14 of scenarios on how you could actually show that.
15 And they are actually saying that evidence that
16 they did not intend to disinherit you could be a
17 broader interpretation that is traditionally
18 used, say, in other court proceedings.
19 So they seem to be wanting to allow
20 quite a bit of room to show that you possibly --
21 excuse me -- that the deceased did not intend to
22 disinherit, say, stepchildren, even though they
23 did divorce the mother. Or father, as the case
24 may be.
25 SENATOR PALUMBO: Will
3923
1 Senator Krueger yield for another question.
2 ACTING PRESIDENT PERSAUD: Senator
3 Krueger, do you yield?
4 SENATOR KRUEGER: Yes.
5 ACTING PRESIDENT PERSAUD: Senator
6 Krueger yields.
7 SENATOR PALUMBO: Senator, would
8 you mind reading those into the record, just so
9 we can establish the legislative intent? Because
10 again, my concerns are there is no need for this
11 bill because stepchildren cannot inherit unless
12 there is a specific provision in a will.
13 So could you please describe those
14 for me? It's just so I can clarify in my mind
15 the situations where that would apply.
16 (Pause.)
17 SENATOR KRUEGER: So I don't want
18 to read the entire memo into the record, for
19 time, but I'll just highlight that this is the
20 Unified Court System's memo in support of their
21 bill OCA 2021-8.
22 And I think the part of the bill
23 that -- the part of the memo that I think is most
24 relevant for this discussion: "It is the
25 Committee's judgment that this approach reflects
3924
1 the probable intent of most decedents in
2 connection with dispositions to 'relatives' of
3 divorced spouses, but leaves room for the
4 varieties of human experience which might include
5 a contrary intention which was not memorialized
6 in the decedent's will executed prior to the
7 divorce, such as, for example, a continuing
8 relationship with a stepchild.
9 "The Committee believes that such
10 probable intent is more problematic than the
11 probable intention of such decedents with respect
12 to dispositions to divorced spouses themselves."
13 And then the Committee goes on to
14 say that they discussed at some length whether
15 evidence admissible on the issue of revocatory
16 intent should include otherwise disqualified
17 evidence under CPLR 4519, and its recommendation
18 is to allow that kind of evidence, and then it
19 goes through a list.
20 So it's saying we would accept more
21 types of evidence than in other proceedings, and
22 it specifically highlights "stepchild."
23 Although I do just want to go back
24 to another point that you made. You said that
25 stepchildren are treated differently under law
3925
1 than adopted children. And of course during the
2 marriage the stepparent could have chosen to
3 adopt the children, which would have offered them
4 a clearer path to inheritance even if ultimately
5 the marriage didn't work out. But I guess you
6 can't look back after death and realize that.
7 And again, you can make clear -- and
8 I think if we're talking about legislative
9 intent, you know, for anyone who's listening, if
10 you and your spouse are getting a divorce, please
11 review your will, then, and make clear what your
12 future intentions are for distribution so that
13 you can be clear, if you wish stepchildren or
14 other family members of the dissolved marriage to
15 inherit, that you make it clear in your will.
16 And obviously, you know, not
17 everybody goes and thinks that through at the
18 time, but that will clearly be the right answer,
19 avoiding all of these problems.
20 SENATOR PALUMBO: Thank you,
21 Senator. Will you yield for another question,
22 please.
23 ACTING PRESIDENT PERSAUD: Senator
24 Krueger, do you --
25 SENATOR KRUEGER: I shall.
3926
1 ACTING PRESIDENT PERSAUD: Senator
2 Krueger yields.
3 SENATOR PALUMBO: And I think you
4 hit the nail on the head. And that's my concern
5 now, that this creates an affirmative duty to
6 create that evidence, despite the fact that you
7 may have made a provision in a written will for
8 that stepchild. So essentially it's rewriting
9 the will.
10 And in that regard, to comply with
11 what's indicated -- it's only a 10-line bill, but
12 in lines 6 and 7, "unless there is substantial
13 evidence of the divorced individual's contrary
14 intention."
15 Would a will executed prior to
16 divorce that makes a provision for a stepchild
17 satisfy the substantial evidence criteria set
18 forth in this legislation?
19 SENATOR KRUEGER: So I'd say that
20 no, simply having been in a will from one point
21 in history doesn't mean that was the intent after
22 a divorce.
23 But many other forms of continuing
24 relationship could document that. And I think
25 that, you know, the Office of Court
3927
1 administration is trying to make clear that their
2 intent is to allow broad interpretation of that.
3 So if I come forward with evidence
4 that, after my mother and my stepfather got a
5 divorce, that my stepfather came to my wedding,
6 visited with my children, his grandchildren,
7 continued to have an ongoing relationship with
8 me, his stepdaughter, were included in family
9 holidays, et cetera, et cetera. I think that is
10 reasonable enough evidence that there was a
11 continuing relationship even though there was a
12 divorce.
13 SENATOR PALUMBO: Thank you,
14 Senator, I appreciate that. Now would you yield
15 for one more question.
16 SENATOR KRUEGER: Sure.
17 SENATOR PALUMBO: I know this is --
18 ACTING PRESIDENT PERSAUD: The
19 Senator yields.
20 SENATOR KRUEGER: Certainly.
21 SENATOR PALUMBO: -- stuff.
22 Thank you, Senator. And I think
23 that's very important.
24 And you did make reference, though,
25 to 4519 of the CPLR, which is what's commonly
3928
1 known as the "Dead Man's Statute." So now your
2 stepfather is deceased in that example. You
3 cannot admit conversations into evidence between
4 yourself and your deceased stepfather. In fact,
5 you are, under the statute, clearly an interested
6 witness. So those conversations do not come into
7 evidence.
8 And that's my specific concern, that
9 those -- those very conversations that would
10 otherwise be considered evidence that were
11 between you and your deceased stepfather, we have
12 here that there -- that it may be an exception,
13 now, carved out under this statute in the last
14 two lines. And I'll read it again just so we're
15 clear: "Testimony with regard to such intention
16 shall not be qualified under CPLR 4519 provided
17 that such testimony is supported by other
18 evidence."
19 So my question is -- and this is, I
20 think, very important for the legislative intent
21 if this in fact becomes law -- that could other
22 evidence be virtually anything? Maybe a
23 photograph, subsequent to the divorce. Or is it
24 left in a very broad manner? Is it intended to
25 just allow that testimony to come in and then the
3929
1 evidence will be weighed however the court may
2 deem appropriate?
3 SENATOR KRUEGER: So I think -- I
4 think they are giving you quite a bit of leeway.
5 Because they're saying any evidence that would
6 normally be acceptable plus evidence that
7 wouldn't normally be okay under CPLR 4519.
8 So I do think that the court is
9 recognizing that they need to fix a problem,
10 because what we didn't talk about was cases that
11 have gone through the courts where -- the couple
12 divorces. At the time of the marriage 25 years
13 earlier, the woman's father was named trustee of
14 the estate. That was never changed. And even
15 though there was no relationship between that man
16 and his ex-wife or certainly her father, that
17 there was efforts to claim the right to the
18 estate.
19 So it can play both directions,
20 which I think is why the court believes they need
21 to make this fix at this time.
22 But I really do think the very
23 sympathetic examples we're discussing today with
24 interpretation of having ongoing bonds and
25 relationship with stepchildren even when there is
3930
1 a divorce -- or step-grandchildren -- the court
2 is recognizing and I think we're having a
3 discussion to show the Legislature also wishes to
4 recognize that there's a broad opening for the
5 court to read new information, new evidence into
6 the discussion even though the person never fixed
7 their will after the divorce.
8 SENATOR PALUMBO: Thank you,
9 Senator Krueger. I appreciate your indulgence.
10 On the bill, please,
11 Madam President.
12 ACTING PRESIDENT PERSAUD: Senator
13 Palumbo on the bill.
14 SENATOR PALUMBO: Thank you,
15 Madam President.
16 And I think a lot of times we accept
17 OCA program bills as just kind of a simple fix
18 without really getting into the weeds. But this
19 is very, very problematic. You divorce your
20 spouse. You don't divorce your stepchildren, who
21 actually have no rights to your estate unless you
22 make a specific provision for them in your will.
23 Which is, under our law, obviously usually
24 drafted by a lawyer, witnessed by two other
25 people, you do it of sound mind and body for it
3931
1 to be valid, got affidavits of attesting
2 witnesses, you have the whole shooting match to
3 prove that you voluntarily did want to give this
4 to, under our state law, a stranger, your
5 stepchild. And then you divorce that stepchild's
6 parent down the road. You're not divorcing that
7 child. You specifically made a provision for
8 them.
9 This effectively changes that will.
10 In fact, in every divorce agreement you would
11 probably think that this was worked out, because
12 I've actually -- my old firm did a lot of them.
13 You specifically waive your right of election,
14 your right to their estate -- that's in every
15 agreement -- by getting divorced. Even though it
16 may be presumed, you specifically put that
17 provision in so that you say, look, I'm --
18 we're -- it's over, we're divorced, I don't have
19 any right to your estate, you don't have any
20 right to mine. You equitably distribute it
21 during the divorce, we have our shares, we go
22 about our own business and move on with our
23 lives. That's what happens in the real sense, in
24 the practical sense.
25 However, here, there is now a burden
3932
1 that the divorced individuals must go back, pay a
2 lawyer and change their will. I've been doing
3 estates for a decent -- for a pretty significant
4 time. I can't get my own family to do a will
5 because people forget about it, they avoid it,
6 they don't want to accept their mortality.
7 So to have these individuals who
8 just paid lawyers a bunch of money to get
9 divorced, they now have to go back and change
10 their will to make a new provision for their
11 stepchildren. So this is extremely problematic.
12 And, by the way, unless you can come
13 up with other evidence, under 4519, the Dead
14 Man's Statute, you can't even testify yourself
15 and say that my stepdad was at my wedding.
16 So this seems like a very innocuous
17 10-line bill, very simple, but I think this is
18 extremely dangerous. If this becomes law, it
19 will change thousands and thousands of wills that
20 currently provide for stepchildren that
21 individuals loved and may have raised as their
22 own. And this completely changes that language
23 by becoming a law, without notice. This is
24 dangerous. I urge a no vote.
25 Thank you, Madam President.
3933
1 ACTING PRESIDENT PERSAUD: Are
2 there any other Senators wishing to be heard?
3 Seeing and hearing none, the debate
4 is closed. The Secretary will ring the bell.
5 Read the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT PERSAUD: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT PERSAUD: Announce
12 the results.
13 THE SECRETARY: In relation to
14 Calendar 1007, those Senators voting in the
15 negative are Senators Akshar, Borrello, Boyle,
16 Gallivan, Griffo, Helming, Jordan, Lanza,
17 Martucci, Mattera, Oberacker, O'Mara, Ortt,
18 Palumbo, Rath, Serino, Stec, Tedisco and Weik.
19 Ayes, 44. Nays, 19.
20 ACTING PRESIDENT PERSAUD: The bill
21 is passed.
22 Senator Gianaris, that completes the
23 reading of the controversial calendar.
24 SENATOR GIANARIS: Thank you,
25 Madam President.
3934
1 Going back to motions for a moment,
2 on behalf of Senator Kaminsky, on page 42 I offer
3 the following amendments to Calendar 1100, Senate
4 1208, and ask that said bill retain its place on
5 Third Reading Calendar.
6 ACTING PRESIDENT PERSAUD: The
7 amendments are received, and the bill shall
8 retain its place on the Third Reading Calendar.
9 SENATOR GIANARIS: I now wish to
10 call up the following bills, recalled from the
11 Assembly, which are now at the desk:
12 Senate Bills 361 and 1555.
13 ACTING PRESIDENT PERSAUD: The
14 Secretary will read.
15 THE SECRETARY: Calendar Number 89,
16 Senate Print 361, by Senator Persaud, an act to
17 amend the Mental Hygiene Law.
18 Calendar Number 875, Senate Print
19 1555, by Senator Myrie, an act to amend the
20 Election Law.
21 SENATOR GIANARIS: Move to
22 reconsider the vote by which these bills were
23 passed.
24 ACTING PRESIDENT PERSAUD: The
25 Secretary will call the roll on reconsideration.
3935
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 63.
3 ACTING PRESIDENT PERSAUD: The
4 bills are restored to their place on the Third
5 Reading Calendar.
6 SENATOR GIANARIS: I offer the
7 following amendments.
8 ACTING PRESIDENT PERSAUD: The
9 amendments are received.
10 SENATOR GIANARIS: Is there any
11 further business at the desk?
12 ACTING PRESIDENT PERSAUD: There is
13 no further business at the desk.
14 SENATOR GIANARIS: I move to
15 adjourn until tomorrow, Wednesday, June 2nd, at
16 3:00 p.m.
17 ACTING PRESIDENT PERSAUD: On
18 motion, the Senate stands adjourned until
19 Wednesday, June 2nd, at 3:00 p.m.
20 (Whereupon, at 5:35 p.m., the Senate
21 adjourned.)
22
23
24
25