3936
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 June 2, 2021
11 3:56 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR ROXANNE J. PERSAUD, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
20
21
22
23
24
25
3937
1 P R O C E E D I N G S
2 ACTING PRESIDENT PERSAUD: The
3 Senate will come to order.
4 I ask everyone 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 PERSAUD: In the
9 absence of clergy, let us bow our heads in a
10 moment of silent reflection or prayer.
11 (Whereupon, the assemblage respected
12 a moment of silence.)
13 ACTING PRESIDENT PERSAUD: The
14 reading of the Journal.
15 THE SECRETARY: In Senate, Tuesday,
16 June 1, 2021, the Senate met pursuant to
17 adjournment. The Journal of Monday, May 31,
18 2001, was read and approved. On motion, Senate
19 adjourned.
20 ACTING PRESIDENT PERSAUD: Without
21 objection, the Journal stands approved as read.
22 Presentation of petitions.
23 Messages from the Assembly.
24 The Secretary will read.
25 THE SECRETARY: Senator Harckham
3938
1 moves to discharge, from the Committee on Rules,
2 Assembly Bill Number 4662A and substitute it for
3 the identical Senate Bill 1201A, Third Reading
4 Calendar 657.
5 ACTING PRESIDENT PERSAUD: The
6 substitution is so ordered.
7 THE SECRETARY: Senator Sanders
8 moves to discharge, from the Committee on Rules,
9 Assembly Bill Number 6333 and substitute it for
10 the identical Senate Bill 4094, Third Reading
11 Calendar 977.
12 ACTING PRESIDENT PERSAUD: The
13 substitution is so ordered.
14 THE SECRETARY: Senator Brooks
15 moves to discharge, from the Committee on
16 Local Government, Assembly Bill Number 3237A and
17 substitute it for the identical Senate Bill
18 2036B, Third Reading Calendar 1101.
19 ACTING PRESIDENT PERSAUD: The
20 substitution is so ordered.
21 THE SECRETARY: Senator Ramos moves
22 to discharge, from the Committee on Labor,
23 Assembly Bill Number 3350A and substitute it for
24 the identical Senate Bill 2766C, Third Reading
25 Calendar 1110.
3939
1 ACTING PRESIDENT PERSAUD: The
2 substitution is so ordered.
3 THE SECRETARY: Senator Kennedy
4 moves to discharge, from the Committee on
5 Transportation, Assembly Bill Number 96A and
6 substitute it for the identical Senate Bill
7 4071A, Third Reading Calendar 1236.
8 ACTING PRESIDENT PERSAUD: The
9 substitution is so ordered.
10 THE SECRETARY: Senator Kaplan
11 moves to discharge, from the Committee on Rules,
12 Assembly Bill Number 7500 and substitute it for
13 the identical Senate Bill 6642A, Third Reading
14 Calendar 1300.
15 ACTING PRESIDENT PERSAUD: The
16 substitution is so ordered.
17 THE SECRETARY: Senator Cooney
18 moves to discharge, from the Committee on
19 Local Government, Assembly Bill Number 6481 and
20 substitute it for the identical Senate Bill 6303,
21 Third Reading Calendar 1351.
22 ACTING PRESIDENT PERSAUD: The
23 substitution is so ordered.
24 THE SECRETARY: Senator May moves
25 to discharge, from the Committee on Commerce,
3940
1 Economic Development and Small Business,
2 Assembly Bill Number 7501 and substitute it for
3 the identical Senate Bill 6679, Third Reading
4 Calendar 1357.
5 ACTING PRESIDENT PERSAUD: The
6 substitution is so ordered.
7 THE SECRETARY: Senator Gounardes
8 moves to discharge, from the Committee on
9 Civil Service and Pensions, Assembly Bill Number
10 7023 and substitute it for the identical Senate
11 Bill 6737, Third Reading Calendar 1358.
12 ACTING PRESIDENT PERSAUD: The
13 substitution is so ordered.
14 THE SECRETARY: Senator May moves
15 to discharge, from the Committee on Aging,
16 Assembly Bill Number 7022 and substitute it for
17 the identical Senate Bill 6740, Third Reading
18 Calendar 1359.
19 ACTING PRESIDENT PERSAUD: The
20 substitution is so ordered.
21 THE SECRETARY: Senator Myrie moves
22 to discharge, from the Committee on Rules,
23 Assembly Bill Number 7478 and substitute it for
24 the identical Senate Bill 6855, Third Reading
25 Calendar 1360.
3941
1 ACTING PRESIDENT PERSAUD: The
2 substitution is so ordered.
3 THE SECRETARY: Senator Jackson
4 moves to discharge, from the Committee on Local
5 Government, Assembly Bill Number 7168 and
6 substitute it for the identical Senate Bill 6883,
7 Third Reading Calendar 1361.
8 ACTING PRESIDENT PERSAUD: The
9 substitution is so ordered.
10 THE SECRETARY: Senator Persaud
11 moves to discharge, from the Committee on Rules,
12 Assembly Bill Number 7656 and substitute it for
13 the identical Senate Bill 7017, Third Reading
14 Calendar 1364.
15 ACTING PRESIDENT PERSAUD: The
16 substitution is so ordered.
17 THE SECRETARY: Senator Griffo
18 moves to discharge, from the Committee on
19 Consumer Protection, Assembly Bill Number 436 and
20 substitute it for the identical Senate Bill 3812,
21 Third Reading Calendar 1375.
22 ACTING PRESIDENT PERSAUD: The
23 substitution is so ordered.
24 THE SECRETARY: Senator Hoylman
25 moves to discharge, from the Committee on
3942
1 Judiciary, Assembly Bill Number 5858A and
2 substitute it for the identical Senate Bill
3 6494A, Third Reading Calendar 1392.
4 ACTING PRESIDENT PERSAUD: The
5 substitution is so ordered.
6 ACTING PRESIDENT PERSAUD: Senator
7 Reichlin-Melnick moves to discharge, from the
8 Committee on Rules, Assembly Bill Number 6841 and
9 substitute it for the identical Senate Bill 6720,
10 Third Reading Calendar 1404.
11 ACTING PRESIDENT PERSAUD: The
12 substitution is so ordered.
13 THE SECRETARY: Senator May moves
14 to discharge, from the Committee on Environmental
15 Conservation, Assembly Bill Number 7569 and
16 substitute it for the identical Senate Bill 7047,
17 Third Reading Calendar 1419.
18 ACTING PRESIDENT PERSAUD: The
19 substitution is so ordered.
20 THE SECRETARY: Senator Thomas
21 moves to discharge, from the Committee on
22 Environmental Conservation, Assembly Bill Number
23 7607 and substitute it for the identical Senate
24 Bill 7064, Third Reading Calendar 1426.
25 ACTING PRESIDENT PERSAUD: The
3943
1 substitution is so ordered.
2 THE SECRETARY: Senator Brooks
3 moves to discharge, from the Committee on
4 Environmental Conservation, Assembly Bill Number
5 7394 and substitute it for the identical Senate
6 Bill 7065, Third Reading Calendar 1427.
7 ACTING PRESIDENT PERSAUD: The
8 substitution is so ordered.
9 THE SECRETARY: Senator Kaminsky
10 moves to discharge, from the Committee on
11 Environmental Conservation, Assembly Bill Number
12 7393 and substitute it for the identical Senate
13 Bill 7070, Third Reading Calendar 1429.
14 ACTING PRESIDENT PERSAUD: The
15 substitution is so ordered.
16 Messages from the Governor.
17 Reports of standing committees.
18 Reports of select committees.
19 Communications and reports from
20 state officers.
21 Motions and resolutions.
22 Senator Gianaris.
23 SENATOR GIANARIS: Good afternoon,
24 Madam President.
25 Amendments are offered to the
3944
1 following Third Reading Calendar bills:
2 Senator Ramos, page 43, Calendar
3 1191, Senate Print 2755B;
4 Senator Gounardes, page 52, Calendar
5 1341, Senate Print 4961A;
6 Senator Harckham, page 37, Calendar
7 1103, Senate Print 6653B;
8 Senator Comrie, page 9, Calendar
9 395, Senate Print 3430A;
10 Senator Parker, page 24, Calendar
11 852, Senate Print 5451;
12 Senator Felder, page 36, Calendar
13 1192, Senate Print 3683A;
14 And Senator Skoufis, page 7,
15 Calendar 301, Senate Print 1878A.
16 ACTING PRESIDENT PERSAUD: The
17 amendments are received, and the bills shall
18 retain their place on the Third Reading Calendar.
19 SENATOR GIANARIS: I also wish to
20 call up Senator Parker's bill, Senate 1557A,
21 which was recalled from the Assembly and is now
22 at the desk.
23 ACTING PRESIDENT PERSAUD: The
24 Secretary will read.
25 THE SECRETARY: Calendar Number
3945
1 118, Senate Print 1557A, by Senator Parker, an
2 act to amend the Public Service Law and the
3 General Business Law.
4 SENATOR GIANARIS: Move to
5 reconsider the vote by which the bill was passed.
6 ACTING PRESIDENT PERSAUD: The
7 Secretary will call the roll on reconsideration.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 61.
10 ACTING PRESIDENT PERSAUD: The bill
11 is restored to its place on the Third Reading
12 Calendar.
13 SENATOR GIANARIS: I now move to
14 amend Senate 1557A by striking out the amendments
15 made on April 21st and restoring it to original
16 Print Number 1557.
17 ACTING PRESIDENT PERSAUD: It is so
18 ordered.
19 SENATOR GIANARIS: On behalf of
20 Senator Brooks, I move to amend Senate Bill 1372A
21 by striking out the amendments made on May 25th
22 and restoring it to its original Print Number
23 1372.
24 ACTING PRESIDENT PERSAUD: So
25 ordered.
3946
1 SENATOR GIANARIS: And on behalf of
2 Senator Mayer, I move to amend Senate Bill 3467B
3 by striking out the amendments made on June 1,
4 2021, and restoring it to its previous Print
5 Number 3467A.
6 ACTING PRESIDENT PERSAUD: So
7 ordered.
8 SENATOR GIANARIS: I now move to
9 adopt the Resolution Calendar, with the
10 exceptions of Resolutions 997 and 1009.
11 ACTING PRESIDENT PERSAUD: All in
12 favor of adopting the Resolution Calendar, with
13 the exception of Resolutions 997 and 1009, please
14 signify by saying aye.
15 (Response of "Aye.")
16 ACTING PRESIDENT PERSAUD: Opposed,
17 nay.
18 (No response.)
19 ACTING PRESIDENT PERSAUD: The
20 Resolution Calendar is adopted.
21 Senator Gianaris.
22 SENATOR GIANARIS: There will now
23 be an immediate meeting of the Rules Committee in
24 Room 332.
25 ACTING PRESIDENT PERSAUD: There
3947
1 will be an immediate meeting of the Rules
2 Committee in Room 332.
3 SENATOR GIANARIS: And please take
4 up previously adopted Resolution 901, by
5 Senator Myrie, read that resolution's title, and
6 recognize Senator Myrie.
7 ACTING PRESIDENT PERSAUD: The
8 Secretary will read.
9 THE SECRETARY: Senate Resolution
10 901, by Senator Myrie, celebrating the 50th
11 Anniversary of the passage by the United States
12 Congress of the 26th Amendment, providing for the
13 voting rights of 18-, 19- and 20-year-olds, to
14 the Constitution of the United States.
15 ACTING PRESIDENT PERSAUD: Senator
16 Myrie on the resolution.
17 SENATOR MYRIE: Thank you,
18 Madam President.
19 To the day, 50 years ago New York
20 ratified the 26th Amendment that lowered the
21 voting age to 18. And we are commemorating that
22 today in a particularly hostile environment for
23 voting rights across the nation. And on this day
24 we made a decision as a country that our young
25 people that we could send off to war should be
3948
1 able to also vote in the country that they were
2 fighting for.
3 Our young people will lead us. They
4 have been leading on issues like climate change
5 and violence prevention and racial equality. And
6 they should be as involved in our civic community
7 as anyone else. I like to consider myself as
8 young person, although I'm aging out of certain
9 brackets. And so we are very proud today to hold
10 this resolution.
11 I thank the leader and encourage my
12 colleagues to sign on as cosponsors.
13 Thank you.
14 ACTING PRESIDENT PERSAUD: Thank
15 you, Senator.
16 The resolution was previously
17 adopted on May 25th.
18 Senator Liu.
19 SENATOR LIU: Madam President,
20 please take up previously adopted Resolution 680,
21 by Senator Kennedy, read that resolution title
22 only, and recognize Senator Kennedy on the
23 resolution.
24 ACTING PRESIDENT PERSAUD: The
25 Secretary will read.
3949
1 THE SECRETARY: Senate Resolution
2 680, by Senator Kennedy, mourning the death of
3 Stanislaw Markut, one of the last Polish veterans
4 of World War II living in Western New York,
5 distinguished citizen and devoted member of his
6 community.
7 ACTING PRESIDENT PERSAUD: Senator
8 Kennedy on the resolution.
9 SENATOR KENNEDY: Thank you,
10 Madam President.
11 I rise today to honor the life and
12 service of Stanislaw "Stanley" Markut of Sloan,
13 New York, one of the last Polish veterans of
14 World War II living in Western New York.
15 Stanley passed away on March 21st at
16 the age of 100 years old, just shy of his 101st
17 birthday. In his 100 years on earth, Stanley
18 served his country and his community with great
19 pride.
20 Born in Poland in 1920, Stanley was
21 training to become a woodworker until the day he
22 and his family were forcibly removed from their
23 homes and taken to a camp in Soviet Siberia.
24 When amnesty was declared, he and his family were
25 transported to Khazakhstan. And shortly after,
3950
1 Stanley joined the Polish Army and was stationed
2 in Scotland as part of the 1st Regiment,
3 1st Armoured Division of the Polish Army.
4 As a sergeant he, along with
5 Canadian forces, rolled into Juno Beach in 1944
6 in support of post D-Day invasions of Normandy,
7 and he was later wounded in the battle of
8 Falaise Gap in France.
9 His discipline and bravery was
10 recognized with numerous awards, including the
11 Polish Wounded Star, which is the equivalent of
12 the Purple Heart, the Polish Army Medal, and the
13 British Defense and War Medal.
14 Stanley continued that call to
15 service after making his home here in the great
16 State of New York. As a proud member of various
17 Polish-American civic clubs, he fought
18 tenaciously for the rights of Polish World War II
19 veterans. He was the founder of the Polish
20 Saturday School in Buffalo and devoted his time
21 to the SPK Post No. 33 and the SWAP Post No. 1,
22 as well as the Adult Day Health Care at the VA
23 and the Polish American Congress of Western
24 New York.
25 Stanley took pride in making our
3951
1 community brighter, quite literally, by using his
2 gardening skills to transform landscapes on
3 Buffalo's East Side and then later on in the
4 Village of Sloan.
5 But above all, he took pride in his
6 family -- his beloved late wife, Antonina, his
7 two children, Eulala and Antoni, and his many
8 grandchildren and great-grandchildren.
9 Stanley Markut spent 100 years
10 dedicating his life to helping others. His
11 legacy and his commitment to creating a better
12 world will undoubtedly live on in all of them,
13 and his compassionate spirit will be remembered
14 by the many veterans he helped throughout his
15 lifetime.
16 We are forever indebted to him for
17 his service, and today we honor his memory and
18 his outstanding contributions to our state, our
19 country, and countless other communities around
20 the globe. May he rest in peace.
21 Thank you, Madam President.
22 ACTING PRESIDENT PERSAUD: Thank
23 you, Senator.
24 The resolution was previously
25 adopted on May 5th.
3952
1 Senator Liu.
2 SENATOR LIU: Madam President,
3 please take up previously adopted Resolution 401,
4 by Senator Thomas, read that resolution title
5 only, and recognize Senator Thomas on the
6 resolution.
7 ACTING PRESIDENT PERSAUD: The
8 Secretary will read.
9 THE SECRETARY: Senate Resolution
10 401, by Senator Thomas, memorializing Governor
11 Andrew M. Cuomo to proclaim August 7, 2021, as
12 Purple Heart Day in the State of New York.
13 ACTING PRESIDENT PERSAUD: Senator
14 Thomas on the resolution.
15 SENATOR THOMAS: Thank you,
16 Madam President.
17 On Purple Heart Day, which falls on
18 August 7th each year, we pause as a nation to
19 reflect on the tremendous sacrifices made by our
20 servicemembers.
21 The Purple Heart is one of our
22 nation's most important honors. The original
23 Purple Heart, designated as the Badge of Military
24 Merit, was established by George Washington, then
25 the commander-in-chief of the Continental Army,
3953
1 by order from his Newburgh, New York,
2 headquarters on August 7, 1782.
3 The Badge of Military Merit was only
4 awarded to three Revolutionary War soldiers by
5 Washington himself.
6 The Purple Heart was revived on the
7 200th anniversary of George Washington's birth,
8 out of respect to his memory and military
9 achievements, in 1932.
10 The Purple Heart is awarded in the
11 name of the President of the United States to any
12 member of the armed forces of the United States
13 who, while serving under competent authority in
14 any capacity with one of the U.S. armed services
15 after April 5, 1917, has been wounded or killed.
16 The Purple Heart represents the
17 incredible sacrifice and commitment of our
18 combat-wounded veterans. I am honored to
19 recognize our Purple Heart veterans by presenting
20 this resolution asking the Governor to proclaim
21 August 7th as Purple Heart Day here in New York.
22 Let this resolution be a reminder of
23 the gratitude and respect our community and our
24 state holds for the bravery, selflessness and
25 endless sacrifices made by our Purple Heart
3954
1 veterans. Without them, we would not enjoy the
2 gifts of freedom and opportunity we are blessed
3 with in this country. God bless every one.
4 ACTING PRESIDENT PERSAUD: Thank
5 you, Senator.
6 Senator Jordan on the resolution.
7 SENATOR JORDAN: Thank you,
8 Madam President.
9 I proudly rise to speak on the
10 legislative resolution before us memorializing
11 the Governor to proclaim August 7, 2021, as
12 Purple Heart Day in our state, in conjunction
13 with the observance of the National Purple Heart
14 Day.
15 Today's resolution comes just a day
16 after my colleagues' strong bipartisan support for
17 my legislation designating New York State as a
18 Purple Heart State that passed during yesterday's
19 session. My heartfelt thanks to my colleagues
20 for their support on my bill.
21 The Purple Heart is the oldest and
22 most venerated military decoration awarded in the
23 name of the President of the United States to
24 members of the United States military who have
25 been wounded or killed in action.
3955
1 While the Purple Heart is not an
2 award that one seeks to attain per se, it is an
3 award that recognizes incredible courage and
4 valor of the highest order. The Purple Heart has
5 been awarded to almost 2 million Americans who
6 have been wounded in battle or killed in action.
7 This prestigious award was created
8 by General George Washington to honor and thank
9 the brave soldiers who fought under his command
10 for America's independence.
11 My good friend United States Marine
12 Corps Captain David Wallingford, who also serves
13 as commander of Chapter 446 of the Military Order
14 of the Purple Heart, partnered with me in the
15 important nonprofit effort to establish local
16 Purple Heart Communities across my Senate
17 district and our entire state.
18 I was proud to be serving on our
19 Halfmoon Town Board when Commander Wallingford
20 brought the opportunity to our town to become a
21 Purple Heart Town. It was an easy decision for
22 us.
23 Since 2019 I've led the grassroots
24 effort in my 43rd Senate District, and across our
25 state, to establish Purple Heart Communities to
3956
1 recognize and honor the courage and commitment of
2 Purple Heart recipients.
3 Purple Heart Communities publicly
4 recognize the service and sacrifice of these
5 incredible heroes and affirm a local community's
6 respect and recognition of these proud patriots.
7 Within my 43rd Senate District, out
8 of the 60 municipalities, 50 towns, villages and
9 cities in all four counties -- Saratoga,
10 Rensselaer, Columbia and Washington -- have
11 successfully passed local resolutions and have
12 become Purple Heart Communities or Counties.
13 In addition, out of the 62 counties
14 in New York State, 40 are now Purple Heart
15 Communities, and several more are pending.
16 Furthermore, 18 other areas,
17 including buildings, trails and parts of
18 highways, have been renamed with the Purple Heart
19 designation.
20 I'm proud to have led this statewide
21 movement that's putting the focus on our
22 incredible Purple Heart recipients.
23 America is the home of the free
24 because of our brave, because of our veterans.
25 Two days ago we observed Memorial Day, a special,
3957
1 solid, sacred day where we paused, reflected and
2 remembered the men and women of our armed forces
3 who gave everything in our nation's defense.
4 While we may not know them all, we
5 certainly owe them all. We owe America's heroes
6 who face certain danger, even death -- heroes
7 with the courage to do what was right, even at
8 the risk of their lives, a risk that, sadly, was
9 all too often realized -- heroes who asked
10 nothing in return and to whom we owe everything.
11 Heroes whom the Purple Heart was created to
12 honor.
13 In closing, I'd like to share a
14 quote from our nation's founding father, General
15 and President George Washington, who started the
16 Purple Heart. President Washington said: "The
17 willingness with which our young people are
18 likely to serve in any war, no matter how
19 justified, shall be directly proportional to how
20 they perceive the veterans of earlier wars who
21 were treated and appreciated by their nation."
22 General Washington's words embody
23 why I believe the Purple Heart Community is so
24 important, and that we must honor those that are
25 recipients and educate the next generation as to
3958
1 the honor of those awarded the Purple Heart so
2 that they too respect the recipients and consider
3 service to our nation and its timeless ideals.
4 And most importantly, I want to
5 recognize the courageous American patriots who
6 lost their lives in service to our country.
7 This legislative resolution helps us
8 achieve each of these important nonpartisan
9 goals. I want to recognize and thank Senator
10 Thomas for bringing this important measure to the
11 floor.
12 And of course I thank my Senate
13 colleagues for their strong bipartisan support of
14 this effort for today's resolution and also my
15 legislation yesterday. I will continue working
16 with Assemblyman Jake Ashby to ensure that the
17 Assembly companion bill for this measure is
18 passed and that New York State is actually
19 designated a Purple Heart State.
20 Thank you.
21 ACTING PRESIDENT PERSAUD: Thank
22 you, Senator.
23 The resolution was previously
24 adopted on February 23rd.
25 Senator Liu.
3959
1 SENATOR LIU: Madam President,
2 please take up Resolution 997, by Senator Brooks,
3 read that resolution title only, and recognize
4 Senator Brooks on the resolution.
5 ACTING PRESIDENT PERSAUD: The
6 Secretary will read.
7 THE SECRETARY: Senate Resolution
8 997, by Senator Brooks, commemorating the
9 80th Anniversary of Civil Air Patrol.
10 ACTING PRESIDENT PERSAUD: Senator
11 Brooks on the resolution.
12 SENATOR BROOKS: Thank you,
13 Madam President.
14 Today we honor and mark the
15 80th anniversary of the Civil Air Patrol, founded
16 on December 1, 1941, just days before the bombing
17 of Pearl Harbor.
18 The Civil Air Patrol played a
19 critical role during World War II. Patrolling
20 our coastal waters and boundaries, they
21 identified many German ships and submarines, some
22 of which were attacking the merchant ships from
23 both the United States and other countries around
24 the world.
25 The continued assistance the
3960
1 Civil Air Patrol gave to the civilians of the
2 country during the war by providing
3 search-and-rescue programs, doing flyovers for
4 potential fires, providing humanitarian
5 assistance -- and one of the unique roles they
6 also played from a military standpoint is flying
7 targets past troops to practice to get into
8 warfare.
9 In 1948 the Civil Air Patrol became
10 an auxiliary to the United States Air Force.
11 Today the Civil Air Patrol is made up of
12 dedicated adults, young men and women who serve
13 the Patrol, and many first responders who also
14 participate in their actions.
15 The Civil Air Patrol, with its
16 effectiveness, has been credited with saving
17 150,000 lives in 2020 and 62 lives so far this
18 year. The Civil Air Patrol is made up of
19 dedicated individuals who love flying and love
20 this country. They serve throughout the year,
21 and in the past year and a half they've played a
22 critical role in this pandemic, providing
23 assistance by airlifting vaccinations to
24 different remote regions, continuing to do
25 flyover looking at fire zones, continuing to
3961
1 provide assistance in searches and rescues across
2 this country.
3 We as a nation have been blessed for
4 80 years by individuals who volunteered to serve
5 in this critical resource that we use in
6 responding to emergencies and monitoring many
7 regions of our country. They provide services
8 such as aerial photography that's used to improve
9 mapping and evaluate different environmental
10 concerns.
11 We are very fortunate that these
12 individuals have dedicated their service for so
13 long, and we recognize them on this their
14 80th anniversary.
15 Thank you, Madam President.
16 ACTING PRESIDENT PERSAUD: Thank
17 you, Senator.
18 Senator Liu on the resolution.
19 SENATOR LIU: Thank you,
20 Madam President, for this opportunity to speak on
21 the resolution commemorating the 80th anniversary
22 of the United States Civil Air Patrol.
23 The Civil Air Patrol is the
24 auxiliary force of the United States Air Force.
25 It is considered part of the total force. And
3962
1 Senator Brooks already gave a very detailed
2 history, the 80-year history of this wonderful
3 organization, an organization that did have its
4 roots in World War II but nonetheless today is
5 not directly involved in any military or
6 law enforcement operations.
7 Rather, it is involved in disaster
8 relief, as it has been during the numerous
9 hurricanes we have witnessed in recent years --
10 and, a number of years ago, Hurricane Sandy in
11 our area. It was involved in aerial survey in
12 the aftermath of September 11th, the attacks
13 thereof. And it continues to this day. In the
14 past year the Civil Air Patrol has, throughout
15 the country, engaged in delivery of COVID tests
16 and vaccines to the more remote areas of the
17 nation.
18 This is an organization that
19 espouses core values of integrity, of
20 volunteerism, of excellence and of respect. It's
21 an organization that is comprised of over
22 60,000 people across the country, over 3,000
23 fellow New Yorkers. It's an organization that
24 I'm proud to call myself a member of, and I've
25 been privileged to fly search-and-rescue training
3963
1 flights as well.
2 And so I ask all of our colleagues
3 to recognize and understand what the
4 United States Civil Air Patrol is, and I thank
5 Senator Brooks for introducing this resolution.
6 Thank you, Madam President.
7 ACTING PRESIDENT PERSAUD: Thank
8 you, Senator.
9 Senator Borrello on the resolution.
10 SENATOR BORRELLO: Thank you,
11 Madam President.
12 First of all, I'd like to thank
13 Senator Brooks for introducing this, and also for
14 Senator Liu for your service in the Civil Air
15 Patrol. Thank you.
16 We have a long history in my
17 district of the Civil Air Patrol and the work
18 that they have done. And I want to recognize a
19 couple of folks in my district. During World War
20 II, they were key. They're known as the Flying
21 Minute Men. The Civil Air Patrol protected our
22 coastal waterways and borders and flew
23 anti-submarine missions during World War II.
24 Today, the Civil Air Patrol
25 volunteers are as often the first responders to
3964
1 natural disasters.
2 In World War II, Civil Air Patrol
3 1st Lieutenant William Hites, of Jamestown,
4 New York, died on February 2, 1943, while on an
5 anti-submarine patrol off the coast of Maine when
6 his aircraft was lost during hazardous weather.
7 For his bravery and service, 1st Lieutenant Hites
8 was posthumously awarded the Air Medal in 1947 by
9 the U.S. Air Force.
10 He was one of two New Yorkers
11 serving in the Civil Air Patrol to die during
12 World War II. Sergeant George Stubblefield of
13 Waterloo, New York, died during a recruiting
14 mission in August 1944, and is considered a
15 wartime casualty.
16 During World War II the Civil Air
17 Patrol sub chasers flew 86,865 missions, sighted
18 and in some cases damaged U-boats, reported
19 91 ships in distress, reported 17 floating mines,
20 and rescued 363 survivors of U-boat attacks off
21 America's shores. They also saved the lives of
22 untold thousands of sailors by preventing the
23 loss of U.S. and Allied merchant ships during the
24 war. Sixty-four Civil Air Patrol air crew
25 members died during their service in World War
3965
1 II.
2 Today, the more than 61,000
3 volunteers of the Civil Air Patrol perform
4 search-and-rescue missions, disaster relief,
5 border patrol, forest fire patrols, and work to
6 keep the homeland safe.
7 I'd like to thank those who have
8 volunteered in the Civil Air Patrol over these
9 past 80 years, and I am proud, very proud, to be
10 a cosponsor of this resolution today.
11 Thank you, Madam President.
12 ACTING PRESIDENT PERSAUD: Thank
13 you, Senator.
14 The question is on the resolution.
15 All in favor signify by saying aye.
16 (Response of "Aye.")
17 ACTING PRESIDENT PERSAUD: Opposed?
18 (No response.)
19 ACTING PRESIDENT PERSAUD: The
20 resolution is adopted.
21 Senator Liu.
22 SENATOR LIU: Madam President,
23 please take up Resolution 1009, by Senator Myrie,
24 read that resolution title only, and recognize
25 Senator Myrie on the resolution.
3966
1 ACTING PRESIDENT PERSAUD: The
2 Secretary will read.
3 THE SECRETARY: Senate Resolution
4 1009, by Senator Myrie, memorializing Governor
5 Andrew M. Cuomo to proclaim June 2021 as
6 Gun Violence Awareness Month in the State of
7 New York.
8 ACTING PRESIDENT PERSAUD: Senator
9 Myrie on the resolution.
10 SENATOR MYRIE: Thank you,
11 Madam President.
12 And thank you to our leader for
13 bringing this resolution to the floor.
14 I suspect we're going to have pretty
15 extensive exchanges around gun violence later on
16 this session, so I will not belabor the point.
17 But just in the past 48 hours, in Brooklyn, there
18 have been 10 shootings in and around my district.
19 This isn't just a Brooklyn problem,
20 of course; this is a Rochester problem, this is a
21 Utica problem, a Schenectady problem, a Troy
22 problem, an Albany problem, a Bronx problem, a
23 Long Island problem. It is a New York problem.
24 And it's important that we take time
25 this month to recognize gun violence for what it
3967
1 is, a public health crisis that deserves a public
2 health response.
3 I was proud this past month that
4 this Legislature declared gun violence a public
5 health crisis, and now it's time for us to get to
6 the solutions. So I look forward to the
7 conversations we will be having today about some
8 of those solutions.
9 And I encourage every New Yorker to
10 take time this month to recognize the impact that
11 gun violence has on your life, on the life of
12 your family, the life of your neighbors, and the
13 life of the rest of New Yorkers in this state.
14 So I'm proudly the sponsor of this
15 resolution. I encourage all of my colleagues to
16 join in this sponsorship and to vote in the
17 affirmative.
18 Thank you, Madam President.
19 ACTING PRESIDENT PERSAUD: The
20 question is on the resolution. All in favor
21 signify by saying aye.
22 (Response of "Aye.")
23 ACTING PRESIDENT PERSAUD: Opposed?
24 (No response.)
25 ACTING PRESIDENT PERSAUD: The
3968
1 resolution is adopted.
2 Senator Gianaris.
3 SENATOR GIANARIS: Can we now move
4 to previously adopted Resolution 902, by
5 Senator Hinchey, read that resolution's title,
6 and recognize Senator Hinchey.
7 ACTING PRESIDENT PERSAUD: The
8 Secretary will read.
9 THE SECRETARY: Senate Resolution
10 902, by Senator Hinchey, memorializing Governor
11 Andrew M. Cuomo to proclaim September 26 to
12 October 3, 2021, as Frontotemporal Degeneration
13 Awareness Week in the State of New York.
14 ACTING PRESIDENT PERSAUD: Senator
15 Hinchey on the resolution.
16 SENATOR HINCHEY: Thank you,
17 Madam President.
18 I rise today on a resolution
19 proclaiming September 26 to October 3, 2021, as
20 Frontotemporal Degeneration Awareness Week in the
21 State of New York.
22 This resolution is incredibly
23 personal for me, as my father passed away from
24 FTD in November 2017. Frontotemporal
25 degeneration, or FTD, is a terminal and incurable
3969
1 brain disease affecting the frontal and temporal
2 lobes, causing impairments to speech,
3 personality, behavior and motor skills. It
4 represents an estimated 5 to 15 percent of all
5 dementia cases, and is most common form of
6 dementia for people under the age of 60.
7 FTD is often misdiagnosed as a
8 psychiatric problem or other neurodegenerative
9 disease because of the wide range of cognitive
10 and behavioral symptoms and their young onset.
11 My father was diagnosed with primary
12 progressive aphasia, one of the many variants of
13 FTD. A prolific reader, an eloquent speech
14 giver, he lost his language and was unable, for
15 the remaining few years of his life, to
16 communicate with those around him -- unable to
17 read the books that he so loved and unable to
18 remember the history that he held so dear.
19 A dancer, a softball player, and a
20 favored outdoorsman, he was also diagnosed with
21 Parkinsonian syndrome, which took away many of
22 his motor skills and his ability to walk.
23 This disease is right now an
24 incurable disease and something that we need much
25 more research to overcome. While there has never
3970
1 been a global epidemiology study of FTD, it is
2 estimated that more than 60,000 people are
3 affected in the United States today. That's
4 60,000 people losing their speech. That's 60,000
5 people with behavior modifications. Those are
6 60,000 people with loved ones unsure of what's
7 going on. Sixty thousand people probably
8 misdiagnosed and unsure how they can ever
9 continue with their life.
10 We need more awareness for FTD to
11 make sure that everyone knows what they're up
12 against. We need more awareness in the medical
13 community, and we need more awareness in our
14 community at large.
15 An organization that was incredibly
16 helpful to my family and me was the Association
17 of Frontotemporal Degeneration, AFTD, which
18 provided us with a slew of resources and
19 information so that we knew how to plan, we knew
20 how to prepare, and we knew the things that could
21 engage my father and make him comfortable in the
22 last few years of his life.
23 I'm honored to sponsor the
24 resolution proclaiming September 26th to
25 October 3rd as FTD Awareness Week here in the
3971
1 State of New York because I believe more people
2 here need to recognize this disease as what it
3 is: Something that is claiming the lives of many
4 of our New Yorkers.
5 Thank you very much.
6 ACTING PRESIDENT PERSAUD: Thank
7 you, Senator.
8 Senator Cooney on the resolution.
9 SENATOR COONEY: Thank you,
10 Madam President.
11 And I want to thank my colleague
12 Senator Hinchey for sponsoring this resolution.
13 I know it means a great deal to her family, as it
14 does my own.
15 I remember when my own mother got
16 lost coming to Albany and the Capital Region for
17 my law school graduation. And she called me and
18 she said, "I forgot what exit I need to get off
19 of here in Albany." And that was strange to me,
20 because she had driven to Albany so many times to
21 visit me over my three years in law school.
22 And that's when I knew something had
23 changed. That's when I knew that something was
24 different for my own mom, and that greater
25 attention was needed for her needs.
3972
1 It's not lost on me as a new member
2 of the State Senate, here in this beautiful
3 chamber, of the great privilege and opportunity
4 that she provided to me when she adopted me and
5 gave me the opportunity to be a New Yorker. And
6 I feel a great responsibility, as I know Senator
7 Hinchey does, to raise awareness around
8 frontotemporal degeneration as a form of dementia
9 that takes the lives of so many New Yorkers.
10 That term FTD may not be a household
11 term to so many in this chamber or in this state,
12 but it means so much to those of us who have gone
13 through that with a loved one. Someone who has
14 forgotten their way on the Thruway stop to
15 Albany, someone who has forgotten their everyday
16 ability to function.
17 And so we need more resources in
18 New York to support families who are going
19 through this difficult process. A better
20 healthcare system that will allow respite care
21 for those who are working day and night on behalf
22 of those who are suffering with any form of
23 dementia, such as Alzheimer's. There's so much
24 more work that we as a legislative body can do.
25 And bringing awareness for this
3973
1 awareness week means so much to my family, and
2 I'm just grateful to be part of a body that
3 recognizes that this is an opportunity for us to
4 do more. And if we don't do more, then we're not
5 honoring those who have given us so much.
6 Thank you so much.
7 ACTING PRESIDENT PERSAUD: Thank
8 you.
9 The resolution was previously
10 adopted on May 25th.
11 Senator Gianaris.
12 SENATOR GIANARIS: At the request
13 of the sponsors, these resolutions are open for
14 cosponsorship.
15 ACTING PRESIDENT PERSAUD: The
16 resolutions are open for cosponsorship. Should
17 you choose not to be a cosponsor of the
18 resolutions, please notify the desk.
19 Senator Gianaris.
20 SENATOR GIANARIS: I believe
21 there's a Rules Committee report at the desk.
22 Can we please take that up.
23 ACTING PRESIDENT PERSAUD: The
24 Secretary will read.
25 THE SECRETARY: Senator
3974
1 Stewart-Cousins, from the Committee on Rules,
2 reports the following bills:
3 Senate Print 16D, by Senator Mayer,
4 an act to amend the General Business Law;
5 Senate Print 427A, by Senator
6 Hoylman, an act to amend the Executive Law;
7 Senate Print 485A, by
8 Senator Krueger, an act to amend the
9 Education Law;
10 Senate Print 741, by Senator Biaggi,
11 an act to amend the Election Law;
12 Senate Print 946B, by Senator
13 Gaughran, an act to amend the Workers'
14 Compensation Law;
15 Senate Print 1102A, by
16 Senator Kaminsky, an act to amend the Town Law;
17 Senate Print 1270, by Senator
18 Brooks, an act to amend the Navigation Law;
19 Senate Print 1279, by
20 Senator Bailey, an act to amend the
21 Criminal Procedure Law;
22 Senate Print 1815, by
23 Senator Skoufis, an act to amend the
24 General Municipal Law;
25 Senate Print 2542A, by
3975
1 Senator Rivera, an act to amend the
2 Social Services Law;
3 Senate Print 3437B, by
4 Senator Gaughran, an act to amend the
5 Executive Law and the General Business Law;
6 Senate Print 3479, by Senator
7 Comrie, an act to amend the Public Service Law;
8 Senate Print 3941, by Senator
9 Comrie, an act to amend the General Business Law;
10 Senate Print 4104, by
11 Senator Breslin, an act to amend the
12 General Business Law;
13 Senate Print 4407, by
14 Senator Parker, an act to amend the
15 Domestic Relations Law and the Family Court Act;
16 Senate Print 4723, by
17 Senator Kaminsky, an act to amend the
18 Election Law;
19 Senate Print 4864, by
20 Senator Gaughran, an act to amend the
21 Public Authorities Law;
22 Senate Print 5023A, by Senator
23 Gianaris, an act to amend the Education Law;
24 Senate Print 5160B, by
25 Senator Skoufis, an act to amend the
3976
1 Municipal Home Rule Law;
2 Senate Print 5356, by
3 Senator Breslin, an act to amend the
4 State Finance Law;
5 Senate Print 5395A, by
6 Senator Savino, an act to amend the
7 General Business Law;
8 Senate Print 5453A, by
9 Senator Helming, an act to amend the
10 Mental Hygiene Law;
11 Senate Print 5606B, by
12 Senator Sanders, an act to amend the
13 Public Health Law;
14 Senate Print 5691, by
15 Senator Griffo, an act granting retroactive
16 Tier 4 membership in the New York State and Local
17 Employees' Retirement System;
18 Senate Print 5743A, by Senator
19 Skoufis, an act to amend the Education Law;
20 Senate Print 6079A, by
21 Senator Gounardes, an act to amend the
22 Social Services Law;
23 Senate Print 6302, by Senator Weik,
24 an act authorizing Michael J. Cappiello to
25 purchase service credit for service with the
3977
1 Long Island Rail Road Company;
2 Senate Print 6307, by Senator
3 Harckham, an act to amend the Education Law;
4 Senate Print 6330A, by
5 Senator Hinchey, an act to amend the
6 Agriculture and Markets Law;
7 Senate Print 6353A, by
8 Senator Persaud, an act in relation to permitting
9 the use of municipal space for outdoor dining;
10 Senate Print 6373A, by
11 Senator Savino, an act to amend the
12 Workers' Compensation Law;
13 Senate Print 6405, by
14 Senator Gounardes, an act to amend the
15 Retirement and Social Security Law;
16 Senate Print 6511, by Senator Ryan,
17 an act to amend the Education Law;
18 Senate Print 6657, by Senator Boyle,
19 an act in relation to authorizing the assessor of
20 the Town of Islip, County of Suffolk, to accept
21 from the Community Services Support Corporation
22 an application for exemption from real property
23 taxes;
24 Senate Print 6707, by
25 Senator Gaughran, an act to amend the Public
3978
1 Authorities Law and the General Municipal Law;
2 Senate Print 6772, by
3 Senator Martucci, an act to amend Chapter 4 of
4 the Laws of 1977;
5 Senate Print 6795, by Senator Mayer,
6 an act to amend the Education Law and the
7 General Municipal Law;
8 Senate Print 6811, by
9 Senator Harckham, an act to amend the
10 Real Property Tax Law;
11 Senate Print 6921, by
12 Senator Breslin, an act to amend the
13 Public Health Law;
14 Senate Print 7013, by
15 Senator Addabbo, an act to amend the Racing,
16 Pari-Mutuel Wagering and Breeding Law;
17 Senate Print 7098, by
18 Senator Bailey, an act to amend the
19 Executive Law;
20 Senate Print 7099, by
21 Senator Salazar, an act to amend the
22 Criminal Procedure Law;
23 Senate Print 7100, by
24 Senator Gounardes, an act to amend the
25 Civil Service Law;
3979
1 Senate Print 7101, by
2 Senator Brisport, an act to amend the
3 Education Law;
4 Senate Print 7102, by
5 Senator Addabbo, an act to amend Chapter 57 of
6 the Laws of 2015;
7 Senate Print 7103, by Senator Ramos,
8 an act to amend Chapter 363 of the Laws of 2010;
9 Senate Print 7104, by
10 Senator Mannion, an act to amend Chapter 942 of
11 the Laws of 1983; and
12 Senate Print 7105, by
13 Senator Cooney, an act to amend the
14 Executive Law.
15 All bills reported direct to third
16 reading.
17 SENATOR GIANARIS: Move to accept
18 the report of the Rules Committee.
19 ACTING PRESIDENT PERSAUD: All
20 those in favor of accepting the report of the
21 Rules Committee signify by saying aye.
22 (Response of "Aye.")
23 ACTING PRESIDENT PERSAUD: Opposed,
24 nay.
25 (No response.)
3980
1 ACTING PRESIDENT PERSAUD: The
2 Rules Committee report is accepted.
3 Senator Gianaris.
4 SENATOR GIANARIS: Please take up
5 the calendar.
6 ACTING PRESIDENT PERSAUD: The
7 Secretary will read.
8 THE SECRETARY: Calendar Number
9 104, Senate Print 687, by Senator Hoylman, an act
10 to amend the General Business Law.
11 ACTING PRESIDENT PERSAUD: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect on the 90th day after it
15 shall have become a law.
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 104, those Senators voting in the
23 negative are Senators Akshar, Borrello, Gallivan,
24 Griffo, Helming, Jordan, Lanza, Oberacker,
25 O'Mara, Ortt, Rath, Ritchie, Serino, Stec and
3981
1 Tedisco.
2 Ayes, 48. Nays, 15.
3 ACTING PRESIDENT PERSAUD: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 311, Senate Print 13A, by Senator Kaplan, an act
7 to amend the Penal Law.
8 ACTING PRESIDENT PERSAUD: Read the
9 last section.
10 THE SECRETARY: Section 6. This
11 act shall take effect on the 120th day after it
12 shall have become a law.
13 ACTING PRESIDENT PERSAUD: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT PERSAUD: Announce
17 the results.
18 THE SECRETARY: In relation to
19 Calendar 311, those Senators voting in the
20 negative are Senators Akshar, Borrello, Boyle,
21 Brisport, Gallivan, Griffo, Helming, Jordan,
22 Lanza, Martucci, Oberacker, O'Mara, Ortt,
23 Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and
24 Weik.
25 Ayes, 43. Nays, 20.
3982
1 ACTING PRESIDENT PERSAUD: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 312, Senate Print 14A, by Senator Hoylman, an act
5 to amend the Penal Law.
6 ACTING PRESIDENT PERSAUD: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect on the 180th day after it
10 shall have become a law.
11 ACTING PRESIDENT PERSAUD: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT PERSAUD: Announce
15 the results.
16 THE SECRETARY: In relation to
17 Calendar 312, those Senators voting in the
18 negative are Senators Akshar, Borrello, Brisport,
19 Gallivan, Griffo, Helming, Jordan, Lanza,
20 Oberacker, O'Mara, Ortt, Rath, Ritchie, Stec and
21 Tedisco.
22 Ayes, 48. Nays, 15.
23 ACTING PRESIDENT PERSAUD: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3983
1 578, Senate Print 2127, by Senator Rivera, an act
2 to amend the Social Services Law.
3 ACTING PRESIDENT PERSAUD: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on the 180th day after it
7 shall have become a law.
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: Ayes, 63.
14 ACTING PRESIDENT PERSAUD: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 592, Senate Print 255B, by Senator Mayer, an act
18 to amend the Labor Law.
19 ACTING PRESIDENT PERSAUD: Read the
20 last section.
21 THE SECRETARY: Section 4. This
22 act shall take effect immediately.
23 ACTING PRESIDENT PERSAUD: Call the
24 roll.
25 (The Secretary called the roll.)
3984
1 ACTING PRESIDENT PERSAUD: Announce
2 the results.
3 THE SECRETARY: In relation to
4 Calendar 592, those Senators voting in the
5 negative are Senators Akshar, Borrello, Cooney,
6 Gallivan, Griffo, Helming, Jordan, Oberacker,
7 O'Mara, Ortt, Palumbo, Rath, Serino, Stec and
8 Tedisco.
9 Ayes, 48. Nays, 15.
10 ACTING PRESIDENT PERSAUD: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 624, Senate Print 5333, by Senator Stec,
14 Concurrent Resolution of the Senate and Assembly
15 proposing an amendment to Section 1 of Article 14
16 of the Constitution.
17 ACTING PRESIDENT PERSAUD: Call the
18 roll on the resolution.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT PERSAUD: Announce
21 the results.
22 THE SECRETARY: Ayes, 63.
23 ACTING PRESIDENT PERSAUD: The
24 resolution is adopted.
25 THE SECRETARY: Calendar Number
3985
1 631, Senate Print 3258, by Senator Comrie, an act
2 to amend the Vehicle and Traffic Law.
3 ACTING PRESIDENT PERSAUD: There is
4 a home-rule message at the desk.
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: Ayes, 63.
14 ACTING PRESIDENT PERSAUD: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 657, Assembly Print 4662A, substituted earlier by
18 Assemblymember Burdick, an act to amend the
19 Public Health Law.
20 ACTING PRESIDENT PERSAUD: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT PERSAUD: Call the
25 roll.
3986
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: Calendar Number
8 758, Senate Print 5758B, by Senator Brooks, an
9 act in relation to authorizing the Village of
10 Freeport to have a second associate village
11 justice.
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 Number 758, voting in the negative:
23 Senator Skoufis.
24 Ayes, 62. Nays, 1.
25 ACTING PRESIDENT PERSAUD: The bill
3987
1 is passed.
2 THE SECRETARY: Calendar Number
3 797, Senate Print 1684, by Senator Sanders, an
4 act to direct the Department of Financial
5 Services to conduct a study on underbanked
6 communities and households in New York State.
7 ACTING PRESIDENT PERSAUD: Read the
8 last section.
9 THE SECRETARY: Section 4. 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
20 865, Senate Print 5000B, by Senator Kavanagh, an
21 act to amend the Penal Law.
22 ACTING PRESIDENT PERSAUD: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect July 1, 2021.
3988
1 ACTING PRESIDENT PERSAUD: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT PERSAUD: Announce
5 the results.
6 THE SECRETARY: In relation to
7 Calendar 865, those Senators voting in the
8 negative are Senators Akshar, Borrello, Gallivan,
9 Griffo, Helming, Jordan, Lanza, Oberacker,
10 O'Mara, Ortt, Rath, Ritchie, Stec and Tedisco.
11 Ayes, 49. Nays, 14.
12 ACTING PRESIDENT PERSAUD: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 905, Senate Print 2981, by Senator Persaud, an
16 act to amend the Education Law and the
17 State Finance Law.
18 ACTING PRESIDENT PERSAUD: Read the
19 last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect on the 90th day after it
22 shall have become a law.
23 ACTING PRESIDENT PERSAUD: Call the
24 roll.
25 (The Secretary called the roll.)
3989
1 ACTING PRESIDENT PERSAUD: Announce
2 the results.
3 THE SECRETARY: In relation to
4 Calendar 905, those Senators voting in the
5 negative are Senators Akshar, Boyle, Gallivan,
6 Griffo, Helming, Jordan, Lanza, Martucci,
7 Mattera, Oberacker, O'Mara, Ortt, Palumbo, Rath,
8 Ritchie, Serino, Stec, Tedisco and Weik.
9 Ayes, 44. Nays, 19.
10 ACTING PRESIDENT PERSAUD: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 952, Senate Print 6001A, by Senator Brooks, an
14 act to authorize Choice For All to file an
15 application for exemption from real property
16 taxes.
17 ACTING PRESIDENT PERSAUD: Read the
18 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.
3990
1 THE SECRETARY: In relation to
2 Calendar Number 952, those Senators voting in the
3 negative are Senators Akshar and O'Mara.
4 Ayes, 61. Nays, 2.
5 ACTING PRESIDENT PERSAUD: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 958, Senate Print 6402, by Senator Gaughran, an
9 act to amend the General Municipal Law.
10 ACTING PRESIDENT PERSAUD: There is
11 a home-rule message at the desk.
12 Read the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT PERSAUD: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT PERSAUD: Announce
19 the results.
20 THE SECRETARY: In relation to
21 Calendar 958, those Senators voting in the
22 negative are Senators Akshar, Borrello, Griffo,
23 Jordan, Oberacker, O'Mara, Rath, Serino and Stec.
24 Ayes, 54. Nays, 9.
25 ACTING PRESIDENT PERSAUD: The bill
3991
1 is passed.
2 THE SECRETARY: Calendar Number
3 977, Assembly Bill 6333, substituted earlier by
4 Assemblymember Englebright, an act to direct the
5 Department of Environmental Conservation to study
6 alternative municipal uses for recycled glass.
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: In relation to
17 Calendar Number 977, voting in the negative:
18 Senator Akshar.
19 Ayes, 62. Nays, 1.
20 ACTING PRESIDENT PERSAUD: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 985, Senate Print 606, by Senator Benjamin, an
24 act to amend the Correction Law and the
25 Penal Law.
3992
1 ACTING PRESIDENT PERSAUD: Read the
2 last section.
3 THE SECRETARY: Section 4. This
4 act shall take effect on the first of November.
5 ACTING PRESIDENT PERSAUD: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT PERSAUD: Announce
9 the results.
10 THE SECRETARY: In relation to
11 Calendar 985, those Senators voting in the
12 negative are Senators Akshar, Borrello, Boyle,
13 Gallivan, Griffo, Helming, Jordan, Lanza,
14 Martucci, Mattera, Oberacker, O'Mara, Ortt,
15 Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and
16 Weik.
17 Ayes, 43. Nays, 20.
18 ACTING PRESIDENT PERSAUD: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1076, Senate Print 1048A, by Senator Myrie, an
22 act to amend the General Business Law.
23 SENATOR LANZA: Lay it aside.
24 ACTING PRESIDENT PERSAUD: Lay it
25 aside.
3993
1 THE SECRETARY: Calendar Number
2 1077, Senate Print 3985, by Senator
3 Reichlin-Melnick, an act to amend the
4 General Business Law.
5 ACTING PRESIDENT PERSAUD: Read the
6 last section.
7 THE SECRETARY: Section 3. 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 1101, Assembly Bill 3237A, substituted earlier by
19 Assemblymember Hunter, an act to amend the
20 County Law and the Executive Law.
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
3994
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 THE SECRETARY: Calendar Number
9 1102, Senate Print 4645, by Senator Thomas, an
10 act in relation to authorizing the Nassau County
11 assessor to accept an application from the Town
12 of Oyster Bay for a real property tax exemption.
13 ACTING PRESIDENT PERSAUD: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT PERSAUD: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT PERSAUD: Announce
21 the results.
22 THE SECRETARY: In relation to
23 Calendar 1102, those Senators voting in the
24 negative are Senators Akshar and O'Mara.
25 Ayes, 61. Nays, 2.
3995
1 ACTING PRESIDENT PERSAUD: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1104, Senate Print 6579, by Senator Kaplan, an
5 act to authorize Divya Jyoti Jagrati Kendra to
6 file an application for exemption from real
7 property taxes.
8 ACTING PRESIDENT PERSAUD: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT PERSAUD: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT PERSAUD: Announce
16 the results.
17 THE SECRETARY: In relation to
18 Calendar Number 1104, voting in the negative:
19 Senator Akshar.
20 Ayes, 62. Nays, 1.
21 ACTING PRESIDENT PERSAUD: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1105, Senate Print 6582A, by Senator Kaminsky, an
25 act to amend the Nassau County Civil Divisions
3996
1 Act.
2 ACTING PRESIDENT PERSAUD: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT PERSAUD: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT PERSAUD: Announce
10 the results.
11 THE SECRETARY: Ayes, 63.
12 ACTING PRESIDENT PERSAUD: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1110, Assembly Bill 3350A, substituted earlier by
16 Assemblymember Joyner, an act to amend the
17 Labor Law and the General Business Law.
18 ACTING PRESIDENT PERSAUD: Read the
19 last section.
20 THE SECRETARY: Section 4. This
21 act shall take effect on the 120th day after it
22 shall have become a law.
23 ACTING PRESIDENT PERSAUD: Call the
24 roll.
25 (The Secretary called the roll.)
3997
1 ACTING PRESIDENT PERSAUD: Senator
2 Jackson to explain his vote.
3 SENATOR JACKSON: Can I seek
4 clarification, Madam President? Which bill are
5 we referring to?
6 ACTING PRESIDENT PERSAUD: Calendar
7 1110.
8 SENATOR JACKSON: Thank you,
9 Madam President.
10 I rise today, my colleagues, in
11 order to support this bill because as a labor
12 leader myself for several decades in New York
13 City, before I held elective public office, I had
14 a deep commitment to stamp out wage theft.
15 This is a significant issue in the
16 construction industry. So often, Madam
17 President, unscrupulous employers and
18 subcontractors take part in dishonest practices
19 to avoid liability and make themselves
20 judgment-proof from a wage-theft action.
21 Enough is enough. This bill will
22 provide New York construction workers with an
23 opportunity to fight against employers who
24 attempt to steal their hard-earned pay. By
25 holding the prime contractor on the construction
3998
1 project liable for all subcontractors on the job,
2 New York State will discourage bad behavior at
3 every level of the enterprise so that
4 construction workers can quickly collect unpaid
5 wages.
6 I thank Senator Ramos for her
7 commitment on this issue. This legislation will
8 incentivize the construction industry to stop
9 mistreating workers.
10 So today, in the name of workers'
11 rights, who for long have suffered exploitation,
12 I vote aye, Madam President. Thank you.
13 ACTING PRESIDENT PERSAUD: Announce
14 the results.
15 THE SECRETARY: In relation to
16 Calendar 1110, those Senators voting in the
17 negative are Senators Akshar, Borrello, Gallivan,
18 Griffo, Helming, Jordan, Oberacker, O'Mara, Ortt,
19 Rath, Serino, Stec and Tedisco.
20 Ayes, 50. Nays, 13.
21 ACTING PRESIDENT PERSAUD: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1111, Senate Print 3469A, by Senator Kennedy, an
25 act to amend the Labor Law.
3999
1 ACTING PRESIDENT PERSAUD: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT PERSAUD: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT PERSAUD: Announce
9 the results.
10 THE SECRETARY: In relation to
11 Calendar 1111, those Senators voting in the
12 negative are Senators Akshar, Borrello, Griffo,
13 Helming, Jordan, Lanza, Martucci, Oberacker,
14 O'Mara, Ortt, Palumbo, Rath, Stec, Tedisco and
15 Weik.
16 Ayes, 48. Nays, 15.
17 ACTING PRESIDENT PERSAUD: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1112, Senate Print 4394A, by Senator Ramos, an
21 act to amend the Labor Law.
22 ACTING PRESIDENT PERSAUD: Read the
23 last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect on the 90th day after it
4000
1 shall have become a law.
2 ACTING PRESIDENT PERSAUD: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT PERSAUD: Senator
6 Jackson to explain his vote.
7 SENATOR JACKSON: Thank you,
8 Madam President. I rise again in order to
9 support this bill.
10 New York State's whistleblower law
11 protecting private-sector employees has been too
12 restrictive for too long, and this must change.
13 Right now, an employee reporting sexual
14 harassment may be at risk of retaliation by their
15 employer with no protection from the law.
16 Today New York State takes a step
17 forward with this bill, which creates parallel
18 protections for private-sector employees and
19 independent contractors that already exist for
20 public employees.
21 I thank Senator Ramos again for
22 leading the way, and for my colleagues who have
23 joined in cosponsoring this bill. Once again, I
24 proudly vote aye to protect our workers.
25 ACTING PRESIDENT PERSAUD: Senator
4001
1 Jackson to be recorded in the affirmative.
2 Announce the results.
3 THE SECRETARY: In relation to
4 Calendar 1112, those Senators voting in the
5 negative are Senators Akshar, Borrello, Boyle,
6 Gallivan, Griffo, Helming, Jordan, Lanza,
7 Martucci, Oberacker, O'Mara, Ortt, Palumbo, Rath,
8 Ritchie, Serino, Stec, Tedisco and Weik.
9 Ayes, 44. Nays, 19.
10 ACTING PRESIDENT PERSAUD: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1114, Senate Print 5055A, by Senator Kennedy, an
14 act to amend the Labor Law.
15 ACTING PRESIDENT PERSAUD: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the 180th day after it
19 shall have become a law.
20 ACTING PRESIDENT PERSAUD: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT PERSAUD: Senator
24 Kennedy to explain his vote.
25 SENATOR KENNEDY: Thank you,
4002
1 Madam President.
2 I rise today to explain why I'm a
3 proud sponsor of this bill and why I believe this
4 legislation is critical here in New York State.
5 I want to thank Majority Leader
6 Andrea Stewart-Cousins for bringing this bill to
7 the floor.
8 This bill will require the
9 Department of Labor and the Division of Human
10 Rights to create a model training for employers
11 statewide that will focus on educating employees
12 on racial equity, social justice and implicit
13 bias. While many leaders in the public and
14 private sectors may already advocate for racial
15 equity and social justice, I firmly believe that
16 New York must do everything in our power to
17 ensure that people in workplaces are informed and
18 prepared to understand and combat systemic racism
19 in our society.
20 The COVID-19 pandemic has had
21 devastating effects on countless individuals and
22 families. And for people of color, it's shined a
23 light on the undeniable systemic disparities that
24 exist in this country, from healthcare to
25 housing, food security to education, and so many
4003
1 more issues.
2 We know we have real work to do when
3 it comes to bridging these gaps and correcting
4 these injustices, and the work starts with not
5 just identifying racism or speaking out against
6 it, but by truly being antiracist.
7 So many people do not understand
8 what racial equity, social justice and implicit
9 bias truly is or how it affects them or the
10 people around them.
11 Which is why by providing training
12 and a model for that training here in New York
13 State, we'll be providing employers with a
14 valuable resource that educates people, just as
15 we provide training for ethics or harassment or a
16 number of other topics.
17 The only way we as a state can move
18 forward together is if we commit to understanding
19 and calling out the injustices that are pervasive
20 not just in our personal lives but in our
21 workforces in every single corner of this state
22 and in society.
23 Through this policy, we'll be adding
24 yet another step that puts the State of New York
25 at the forefront of addressing systemic racism,
4004
1 inequality, and disparities nationwide. If we
2 want to truly rectify the racial and social
3 inequities that exist across our state, New York
4 as a whole needs to thoroughly examine our
5 current policy and the perspectives that shape
6 our decision-making.
7 I'm proud to sponsor this bill with
8 Assembly Majority Leader Crystal Peoples-Stokes.
9 And we've had many conversations with advocates
10 across the state who are fully supportive of this
11 policy because they understand that through it we
12 will be taking real, proactive steps toward
13 building a more educated and equal New York.
14 To my colleagues, I thank each and
15 every one of you for supporting this bill and
16 look forward to moving forward as a state in
17 leading the nation in this effort.
18 With that, Madam President, I vote
19 aye.
20 ACTING PRESIDENT PERSAUD: Senator
21 Kennedy to be recorded in the affirmative.
22 Announce the results.
23 THE SECRETARY: In relation to
24 Calendar 1114, those Senators voting in the
25 negative are Senators Akshar, Borrello, Boyle,
4005
1 Gallivan, Griffo, Helming, Jordan, Lanza,
2 Oberacker, O'Mara, Ortt, Palumbo, Rath, Stec,
3 Tedisco and Weik.
4 Ayes, 47. Nays, 16.
5 ACTING PRESIDENT PERSAUD: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1135, Senate Print 4449, by Senator Stavisky, an
9 act to amend the Education Law.
10 ACTING PRESIDENT PERSAUD: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the first of July.
14 ACTING PRESIDENT PERSAUD: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT PERSAUD: Announce
18 the results.
19 THE SECRETARY: Ayes, 63.
20 ACTING PRESIDENT PERSAUD: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1137, Senate Print 6393, by Senator
24 Reichlin-Melnick, an act to amend the
25 Education Law.
4006
1 ACTING PRESIDENT PERSAUD: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT PERSAUD: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT PERSAUD: Announce
9 the results.
10 THE SECRETARY: Ayes, 63.
11 ACTING PRESIDENT PERSAUD: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1167, Senate Print 6666, by Senator Breslin, an
15 act to amend the Insurance Law.
16 ACTING PRESIDENT PERSAUD: Read the
17 last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect immediately.
20 ACTING PRESIDENT PERSAUD: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT PERSAUD: Announce
24 the results.
25 THE SECRETARY: Ayes, 63.
4007
1 ACTING PRESIDENT PERSAUD: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1168, Senate Print 6667, by Senator Breslin, an
5 act to amend the Insurance Law.
6 ACTING PRESIDENT PERSAUD: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT PERSAUD: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT PERSAUD: Announce
14 the results.
15 THE SECRETARY: In relation to
16 Calendar Number 1168, voting in the negative:
17 Senator Skoufis.
18 Ayes, 62. Nays, 1.
19 ACTING PRESIDENT PERSAUD: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1184, Senate Print 5645, by Senator Parker, an
23 act to amend the Education Law.
24 ACTING PRESIDENT PERSAUD: Read the
25 last section.
4008
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 1187, Senate Print 1251, by Senator Gianaris, an
13 act to amend the Executive Law.
14 ACTING PRESIDENT PERSAUD: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT PERSAUD: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT PERSAUD: Announce
22 the results.
23 THE SECRETARY: In relation to
24 Calendar 1187, those Senators voting in the
25 negative are Senators Akshar, Borrello, Boyle,
4009
1 Gallivan, Griffo, Helming, Jordan, Lanza,
2 Martucci, Mattera, Oberacker, O'Mara, Ortt,
3 Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and
4 Weik.
5 Ayes, 43. Nays, 20.
6 ACTING PRESIDENT PERSAUD: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1193, Senate Print 4069, by Senator Addabbo, an
10 act to amend the Tax Law and the State Finance
11 Law.
12 ACTING PRESIDENT PERSAUD: Read the
13 last section.
14 THE SECRETARY: Section 3. 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: Ayes, 63.
22 ACTING PRESIDENT PERSAUD: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1198, Senate Print 5180A, by Senator Benjamin, an
4010
1 act to amend the Tax Law.
2 ACTING PRESIDENT PERSAUD: Read the
3 last section.
4 THE SECRETARY: Section 5. This
5 act shall take effect on the first of January.
6 ACTING PRESIDENT PERSAUD: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT PERSAUD: Announce
10 the results.
11 THE SECRETARY: Ayes, 63.
12 ACTING PRESIDENT PERSAUD: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1201, Senate Print 5574, by Senator Persaud, an
16 act to amend the Social Services Law --
17 SENATOR GIANARIS: Madam President.
18 ACTING PRESIDENT PERSAUD: Senator
19 Gianaris.
20 SENATOR GIANARIS: Without
21 objection, if we could allow Senator Oberacker to
22 explain his vote on Calendar 1198, which we just
23 passed.
24 ACTING PRESIDENT PERSAUD: So
25 ordered.
4011
1 Senator Oberacker to explain his
2 vote on 1198.
3 SENATOR OBERACKER: Thank you,
4 Madam President.
5 I will be voting in the affirmative
6 on this legislation. And I'd like to thank
7 our -- let me get my notes up here. I want to
8 thank our bill sponsor, and I want to thank my
9 predecessor, Senator Jim Seward, who authored
10 this legislation and helped pass it previously.
11 As a matter of fact, I reintroduced
12 Senator Seward's bill, which is nearly identical
13 to the bill we are passing today. So I
14 definitely think this is a step in the right
15 direction.
16 This bill was an idea generated from
17 a Senate Heroin Task Force forum that was hosted
18 in the 51st Senate District, which I represent.
19 You know, a job is more than just a
20 paycheck for someone in recovery. It is a symbol
21 of self-worth. By offering this tax credit I am
22 hopeful that more employers will show faith in
23 people who are trying to rebuild their lives and
24 have earned a second chance.
25 So again, I want to thank the
4012
1 sponsor and I am voting in the affirmative.
2 Thank you, Madam President.
3 ACTING PRESIDENT PERSAUD: Thank
4 you.
5 Senator Oberacker in the affirmative
6 on Calendar 1198.
7 Announce the results.
8 THE SECRETARY: Ayes, 63.
9 ACTING PRESIDENT PERSAUD: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1201, Senate Print 5574, by Senator Persaud, an
13 act to amend the Social Services Law.
14 ACTING PRESIDENT PERSAUD: Read the
15 last section.
16 THE SECRETARY: Section 3. This
17 act shall take effect immediately.
18 ACTING PRESIDENT PERSAUD: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT PERSAUD: Announce
22 the results.
23 THE SECRETARY: In relation to
24 Calendar 1201, those Senators voting in the
25 negative are Senators Akshar, Borrello, Boyle,
4013
1 Gallivan, Griffo, Helming, Jordan, Lanza,
2 Mattera, Oberacker, O'Mara, Ortt, Palumbo, Rath,
3 Ritchie, Serino, Stec, Tedisco and Weik.
4 Ayes, 44. Nays, 19.
5 ACTING PRESIDENT PERSAUD: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1219, Senate Print 5186, by Senator Sanders, an
9 act to amend the Penal Law.
10 ACTING PRESIDENT PERSAUD: Read the
11 last section.
12 THE SECRETARY: Section 13. This
13 act shall take effect on the 180th day after it
14 shall have become a law.
15 ACTING PRESIDENT PERSAUD: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT PERSAUD: Announce
19 the results.
20 THE SECRETARY: In relation to
21 Calendar Number 1219, voting in the negative:
22 Senator Brisport.
23 Ayes, 62. Nays, 1.
24 ACTING PRESIDENT PERSAUD: The bill
25 is passed.
4014
1 THE SECRETARY: Calendar Number
2 1224, Senate Print 3077, by Senator Salazar, an
3 act to amend the Public Health Law.
4 ACTING PRESIDENT PERSAUD: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the 180th day after it
8 shall have become a law.
9 ACTING PRESIDENT 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 1224, those Senators voting in the
16 negative are Senators Borrello, Gallivan,
17 Helming, Jordan, Lanza, Martucci, Oberacker,
18 O'Mara, Ortt, Palumbo, Rath, Stec, Tedisco and
19 Weik.
20 Ayes, 49. Nays, 14.
21 ACTING PRESIDENT PERSAUD: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1229, Senate Print 6575, by Senator Savino, an
25 act to amend the Social Services Law.
4015
1 ACTING PRESIDENT PERSAUD: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the 90th day after it
5 shall have become a law.
6 ACTING PRESIDENT PERSAUD: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT PERSAUD: Announce
10 the results.
11 THE SECRETARY: Ayes, 63.
12 ACTING PRESIDENT PERSAUD: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1230, Senate Print 6576, by Senator Savino, an
16 act to amend the Social Services Law.
17 ACTING PRESIDENT PERSAUD: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect on the 90th day after it
21 shall have become a law.
22 ACTING PRESIDENT PERSAUD: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT PERSAUD: Announce
4016
1 the results.
2 THE SECRETARY: Ayes, 63.
3 ACTING PRESIDENT PERSAUD: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1236, Assembly Bill 96A, substituted earlier by
7 Assemblymember Gunther, an act to amend the
8 Vehicle and Traffic Law.
9 ACTING PRESIDENT PERSAUD: Read the
10 last section.
11 THE SECRETARY: Section 4. This
12 act shall take effect on the 180th day after it
13 shall have become a law.
14 ACTING PRESIDENT PERSAUD: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT PERSAUD: Announce
18 the results.
19 THE SECRETARY: Ayes, 63.
20 ACTING PRESIDENT PERSAUD: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1238, Senate Print 4846, by Senator
24 Reichlin-Melnick, an act to amend the
25 Highway Law.
4017
1 ACTING PRESIDENT PERSAUD: Read the
2 last section.
3 THE SECRETARY: Section 5. This
4 act shall take effect immediately.
5 ACTING PRESIDENT PERSAUD: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT PERSAUD: Announce
9 the results.
10 THE SECRETARY: Ayes, 63.
11 ACTING PRESIDENT PERSAUD: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1254, Senate Print 5876B, by Senator Brooks, an
15 act to amend the Executive Law.
16 ACTING PRESIDENT PERSAUD: Read the
17 last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect on the 120th day after it
20 shall have become a law.
21 ACTING PRESIDENT PERSAUD: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT PERSAUD: Announce
25 the results.
4018
1 THE SECRETARY: Ayes, 63.
2 ACTING PRESIDENT PERSAUD: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1255, Senate Print 6460, by Senator Brooks, an
6 act to amend the Executive Law.
7 ACTING PRESIDENT PERSAUD: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the 120th day after it
11 shall have become a law.
12 ACTING PRESIDENT PERSAUD: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT PERSAUD: Announce
16 the results.
17 THE SECRETARY: Ayes, 63.
18 ACTING PRESIDENT PERSAUD: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1258, Senate Print 1443, by Senator Addabbo, an
22 act to amend the Racing, Pari-Mutuel Wagering and
23 Breeding Law.
24 ACTING PRESIDENT PERSAUD: Read the
25 last section.
4019
1 THE SECRETARY: Section 14. 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 1258, those Senators voting in the
10 negative are Senators Griffo, Lanza, O'Mara,
11 Palumbo, Serino and Stec.
12 Ayes, 57. Nays, 6.
13 ACTING PRESIDENT PERSAUD: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1266, Senate Print 1275, by Senator Krueger, an
17 act to amend the Business Corporation Law.
18 ACTING PRESIDENT PERSAUD: Read the
19 last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect on the 90th day after it
22 shall have become a law.
23 ACTING PRESIDENT PERSAUD: Call the
24 roll.
25 (The Secretary called the roll.)
4020
1 ACTING PRESIDENT PERSAUD: Announce
2 the results.
3 THE SECRETARY: Ayes, 63.
4 ACTING PRESIDENT PERSAUD: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1273, Senate Print 2700, by Senator Ortt, an act
8 to amend the Vehicle and Traffic Law.
9 ACTING PRESIDENT PERSAUD: Read the
10 last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect on the 120th day after it
13 shall have become a law.
14 ACTING PRESIDENT PERSAUD: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT PERSAUD: Announce
18 the results.
19 THE SECRETARY: Ayes, 63.
20 ACTING PRESIDENT PERSAUD: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1275, Senate Print 2811A, by Senator Kavanagh, an
24 act to amend the Executive Law.
25 ACTING PRESIDENT PERSAUD: Read the
4021
1 last section.
2 THE SECRETARY: Section 5. This
3 act shall take effect immediately.
4 ACTING PRESIDENT PERSAUD: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT PERSAUD: Announce
8 the results.
9 THE SECRETARY: In relation to
10 Calendar 1275, those Senators voting in the
11 negative are Senators Akshar, Borrello, Boyle,
12 Brooks, Felder, Gallivan, Gaughran, Griffo,
13 Helming, Jordan, Lanza, Martucci, Mattera,
14 Oberacker, O'Mara, Ortt, Palumbo, Rath, Ritchie,
15 Serino, Stec, Tedisco and Weik.
16 Ayes, 40. Nays, 23.
17 ACTING PRESIDENT PERSAUD: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1276, Senate Print 3009, by Senator Sepúlveda, an
21 act to amend the General Business Law.
22 ACTING PRESIDENT PERSAUD: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
4022
1 ACTING PRESIDENT PERSAUD: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT PERSAUD: Announce
5 the results.
6 THE SECRETARY: In relation to
7 Calendar 1276, those Senators voting in the
8 negative are Senators Borrello, Boyle, Gallivan,
9 Griffo, Helming, Jordan, Lanza, Martucci,
10 Mattera, Oberacker, O'Mara, Ortt, Palumbo, Rath,
11 Serino, Stec, Tedisco and Weik.
12 Ayes, 45. Nays, 18.
13 ACTING PRESIDENT PERSAUD: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1283, Senate Print 5419, by Senator Brisport, an
17 act to amend the Social Services Law.
18 ACTING PRESIDENT PERSAUD: Read the
19 last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect on the first of April.
22 ACTING PRESIDENT PERSAUD: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT PERSAUD: Announce
4023
1 the results.
2 THE SECRETARY: Ayes, 63.
3 ACTING PRESIDENT PERSAUD: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1289, Senate Print 6074, by Senator Salazar, an
7 act to amend the Family Court Act.
8 ACTING PRESIDENT PERSAUD: Read the
9 last section.
10 THE SECRETARY: Section 3. This
11 act shall take effect on the first of April.
12 ACTING PRESIDENT PERSAUD: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT PERSAUD: Announce
16 the results.
17 THE SECRETARY: Ayes, 63.
18 ACTING PRESIDENT PERSAUD: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1297, Senate Print 6510, by Senator Mannion, an
22 act to amend the Environmental Conservation Law.
23 ACTING PRESIDENT PERSAUD: Read the
24 last section.
25 THE SECRETARY: Section 2. This
4024
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 1297, those Senators voting in the
9 negative are Senators Akshar, Borrello, Gallivan,
10 Griffo, Helming, Jordan, Lanza, Martucci,
11 Mattera, Oberacker, O'Mara, Ortt, Palumbo, Rath,
12 Ritchie, Serino, Skoufis, Stec, Tedisco and Weik.
13 Ayes, 43. Nays, 20.
14 ACTING PRESIDENT PERSAUD: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1298, Senate Print 6572, by Senator Hinchey, an
18 act to amend the Social Services Law.
19 ACTING PRESIDENT PERSAUD: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT PERSAUD: Call the
24 roll.
25 (The Secretary called the roll.)
4025
1 ACTING PRESIDENT PERSAUD: Announce
2 the results.
3 THE SECRETARY: In relation to
4 Calendar 1298, those Senators voting in the
5 negative are Senators Borrello, Helming, Lanza
6 and Ritchie.
7 Ayes, 59. Nays, 4.
8 ACTING PRESIDENT PERSAUD: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1300, Assembly Bill 7500, substituted earlier by
12 Assemblymember McDonald, an act to amend the
13 Executive Law.
14 ACTING PRESIDENT PERSAUD: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT PERSAUD: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT PERSAUD: Announce
22 the results.
23 THE SECRETARY: Ayes, 63.
24 ACTING PRESIDENT PERSAUD: The bill
25 is passed.
4026
1 THE SECRETARY: Calendar Number
2 1322, Senate Print 947, by Senator Gaughran, an
3 act to amend the Navigation Law and the
4 Penal Law.
5 ACTING PRESIDENT PERSAUD: Read the
6 last section.
7 THE SECRETARY: Section 5. This
8 act shall take effect on the 180th day after it
9 shall have become a law.
10 ACTING PRESIDENT PERSAUD: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT PERSAUD: Announce
14 the results.
15 THE SECRETARY: In relation to
16 Calendar 1322, those Senators voting in the
17 negative are Senators Myrie and Rivera.
18 Ayes, 61. Nays, 2.
19 ACTING PRESIDENT PERSAUD: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1327, Senate Print 3448, by Senator Hinchey, an
23 act to amend the Education Law.
24 ACTING PRESIDENT PERSAUD: Read the
25 last section.
4027
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 1330, Senate Print 4343, by Senator Hinchey, an
13 act to authorize the County of Ulster to offer an
14 optional 20-year retirement plan.
15 ACTING PRESIDENT PERSAUD: There is
16 a home-rule message at the desk.
17 Read the last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect immediately.
20 ACTING PRESIDENT PERSAUD: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT PERSAUD: Announce
24 the results.
25 THE SECRETARY: Ayes, 63.
4028
1 ACTING PRESIDENT PERSAUD: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1331, Senate Print 4359A, by Senator Harckham, an
5 act to amend the Public Health Law.
6 ACTING PRESIDENT PERSAUD: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect on the first of January.
10 ACTING PRESIDENT PERSAUD: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT PERSAUD: Announce
14 the results.
15 THE SECRETARY: Ayes, 63.
16 ACTING PRESIDENT PERSAUD: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1332, Senate Print 4401, by Senator Gallivan, an
20 act to authorize Jason M. Scheidel to receive
21 certain credit under Section 384-d of the
22 Retirement and Social Security Law.
23 ACTING PRESIDENT PERSAUD: There is
24 a home-rule message at the desk.
25 Read the last section.
4029
1 THE SECRETARY: Section 3. 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 1333, Senate Print 4404, by Senator Jordan, an
13 act to authorize the County of Columbia to offer
14 an optional 20-year retirement plan.
15 ACTING PRESIDENT PERSAUD: There is
16 a home-rule message at the desk.
17 Read the last section.
18 THE SECRETARY: Section 4. This
19 act shall take effect immediately.
20 ACTING PRESIDENT PERSAUD: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT PERSAUD: Announce
24 the results.
25 THE SECRETARY: Ayes, 63.
4030
1 ACTING PRESIDENT PERSAUD: The bill
2 is passed.
3 Calendar 1341 is high and will be
4 laid aside for the day.
5 THE SECRETARY: Calendar Number
6 1342, Senate Print 63A, by Senator Persaud, an
7 act to amend the Social Services Law.
8 ACTING PRESIDENT PERSAUD: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the first of April.
12 ACTING PRESIDENT PERSAUD: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT PERSAUD: Announce
16 the results.
17 THE SECRETARY: In relation to
18 Calendar Number 1342, voting in the negative:
19 Senator Borrello.
20 Ayes, 62. Nays, 1.
21 ACTING PRESIDENT PERSAUD: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1345, Senate Print 5544, by Senator Stec, an act
25 to authorize Jaime Laczko to elect to participate
4031
1 in the optional 25-year retirement plan.
2 ACTING PRESIDENT PERSAUD: Read the
3 last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect immediately.
6 ACTING PRESIDENT PERSAUD: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT PERSAUD: Announce
10 the results.
11 THE SECRETARY: Ayes, 63.
12 ACTING PRESIDENT PERSAUD: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1346, Senate Print 5658, by Senator Parker, an
16 act to amend the Banking Law.
17 ACTING PRESIDENT PERSAUD: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect on the 90th day after it
21 shall have become a law.
22 ACTING PRESIDENT PERSAUD: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT PERSAUD: Announce
4032
1 the results.
2 THE SECRETARY: Ayes, 63.
3 ACTING PRESIDENT PERSAUD: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1350, Senate Print 6259A, by Senator Hinchey, an
7 act to amend the Highway Law.
8 SENATOR LANZA: Lay it aside.
9 ACTING PRESIDENT PERSAUD: Lay it
10 aside.
11 THE SECRETARY: Calendar Number
12 1351, Assembly Bill 6481, substituted earlier by
13 Assemblymember McMahon, an act authorizing
14 political subdivisions to permit any public body
15 to hold meetings remotely.
16 ACTING PRESIDENT PERSAUD: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT PERSAUD: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT PERSAUD: Announce
24 the results.
25 THE SECRETARY: Ayes, 63.
4033
1 ACTING PRESIDENT PERSAUD: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1355, Senate Print 6459, by Senator Weik, an act
5 to amend the Town Law.
6 ACTING PRESIDENT PERSAUD: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT PERSAUD: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT PERSAUD: Announce
14 the results.
15 THE SECRETARY: Ayes, 63.
16 ACTING PRESIDENT PERSAUD: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1357, Assembly Bill 7501, substituted earlier by
20 Assemblymember Stirpe, an act to amend the
21 Economic Development Law.
22 ACTING PRESIDENT PERSAUD: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
4034
1 ACTING PRESIDENT PERSAUD: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT PERSAUD: Announce
5 the results.
6 THE SECRETARY: Ayes, 63.
7 ACTING PRESIDENT PERSAUD: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1358, Assembly Print 7023, substituted earlier by
11 Assemblymember Abbate, an act to amend
12 Chapter 929 of the Laws of 1986.
13 ACTING PRESIDENT PERSAUD: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT PERSAUD: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT PERSAUD: Announce
21 the results.
22 THE SECRETARY: Ayes, 63.
23 ACTING PRESIDENT PERSAUD: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
4035
1 1359, Assembly Bill 7022, substituted earlier by
2 Assemblymember Wallace, an act to amend
3 Chapter 462 of the Laws of 2015.
4 ACTING PRESIDENT PERSAUD: Read the
5 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: Ayes, 63.
14 ACTING PRESIDENT PERSAUD: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1360, Assembly Bill 7478, substituted earlier by
18 Assemblymember Cusick, an act to amend the
19 Election Law.
20 ACTING PRESIDENT PERSAUD: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT PERSAUD: Call the
25 roll.
4036
1 (The Secretary called the roll.)
2 ACTING PRESIDENT PERSAUD: Announce
3 the results.
4 THE SECRETARY: In relation to
5 Calendar 1360, those Senators voting in the
6 negative are Senators Borrello, Boyle, Helming,
7 Lanza, Mattera, Palumbo, Rath and Weik.
8 Ayes, 55. Nays, 8.
9 ACTING PRESIDENT PERSAUD: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1361, Assembly Bill 7168, substituted earlier by
13 Assemblymember Pichardo, an act to amend the
14 Local Finance Law and Chapter 419 of the Laws of
15 1991.
16 ACTING PRESIDENT PERSAUD: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT PERSAUD: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT PERSAUD: Announce
24 the results.
25 THE SECRETARY: Ayes, 63.
4037
1 ACTING PRESIDENT PERSAUD: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1364, Assembly Bill 7656, substituted earlier by
5 Assemblymember Rosenthal, an act to amend
6 Chapter 436 of the Laws of 1997.
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: In relation to
17 Calendar Number 1364, voting in the negative:
18 Senator Borrello.
19 Ayes, 62. Nays, 1.
20 ACTING PRESIDENT PERSAUD: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1366, Senate Print 668, by Senator May, an act to
24 amend the Social Services Law.
25 ACTING PRESIDENT PERSAUD: Read the
4038
1 last section.
2 THE SECRETARY: Section 6. This
3 act shall take effect on the first of April.
4 ACTING PRESIDENT PERSAUD: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT PERSAUD: Announce
8 the results.
9 THE SECRETARY: In relation to
10 Calendar 1366, those Senators voting in the
11 negative are Senators Akshar, Borrello, Boyle,
12 Gallivan, Griffo, Helming, Jordan, Martucci,
13 Mattera, Oberacker, O'Mara, Ortt, Palumbo, Rath,
14 Ritchie, Serino, Stec, Tedisco and Weik.
15 Ayes, 44. Nays, 19.
16 ACTING PRESIDENT PERSAUD: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1368, Senate Print 1235, by Senator Gianaris, an
20 act to amend the General Business Law.
21 SENATOR LANZA: Lay it aside.
22 ACTING PRESIDENT PERSAUD: Lay it
23 aside.
24 Senator Gianaris.
25 SENATOR GIANARIS: Madam President,
4039
1 at this time can we suspend the reading of the
2 noncontroversial calendar and take up
3 Calendar 1368 immediately on the controversial
4 calendar.
5 ACTING PRESIDENT PERSAUD: The
6 Secretary will ring the bell.
7 The Secretary will read.
8 THE SECRETARY: Calendar Number
9 1368, Senate Print 1235, by Senator Gianaris, an
10 act to amend the General Business Law.
11 ACTING PRESIDENT PERSAUD: Senator
12 Borrello.
13 SENATOR BORRELLO: Madam President,
14 will the sponsor yield for a question.
15 ACTING PRESIDENT PERSAUD: Will the
16 sponsor yield?
17 SENATOR GIANARIS: Yes,
18 Madam President.
19 ACTING PRESIDENT PERSAUD: The
20 sponsor yields.
21 SENATOR BORRELLO: Thank you,
22 Senator Gianaris.
23 My first question is so if I'm a
24 pistol permit holder and I have an order of
25 protection against someone, do I still have to
4040
1 wait for this 10-day waiting period?
2 SENATOR GIANARIS: Yes, you would.
3 SENATOR BORRELLO: Yes? Okay.
4 So would the sponsor continue to
5 yield, Madam President.
6 ACTING PRESIDENT PERSAUD: Senator
7 Gianaris, do you yield?
8 SENATOR GIANARIS: Yes.
9 ACTING PRESIDENT PERSAUD: The
10 Senator yields.
11 SENATOR BORRELLO: Thank you,
12 Senator Gianaris.
13 So if you're a victim of domestic
14 violence and you try to get a gun, would you have
15 to wait for that same 10-day waiting period?
16 SENATOR GIANARIS: Yes.
17 Of course this only applies to
18 pistols, so if that person wanted to buy a long
19 gun, they can do so right away.
20 SENATOR BORRELLO: Right, okay.
21 Thank you.
22 Madam President, would the sponsor
23 continue to yield.
24 ACTING PRESIDENT PERSAUD: Does the
25 sponsor yield?
4041
1 SENATOR GIANARIS: Yes.
2 ACTING PRESIDENT PERSAUD: The
3 sponsor yields.
4 SENATOR BORRELLO: So pistol permit
5 holders already go through a very rigorous
6 background check. In fact, New York State
7 probably has the most rigorous when it comes to a
8 check. You have to have references, you know,
9 fingerprinting I.D. It's quite a lengthy
10 process. And in some places in New York, it's a
11 year or more in order to get a pistol permit. So
12 it's a pretty thorough vetting.
13 So my question is for that
14 purpose -- you've already gone through this
15 background check -- what is the purpose of the
16 10-day waiting period after all that?
17 SENATOR GIANARIS: The purpose is
18 to counteract impulsive gun purchases. It has
19 been shown through research that both in the case
20 of suicides and hostility towards others that a
21 10-day waiting period gives someone who might be
22 impulsively seeking to purchase a gun a
23 cooling-off period.
24 SENATOR BORRELLO: Madam President,
25 will the sponsor yield for another question.
4042
1 ACTING PRESIDENT PERSAUD: Will the
2 sponsor yield?
3 SENATOR GIANARIS: Yes.
4 ACTING PRESIDENT PERSAUD: The
5 sponsor yields.
6 SENATOR BORRELLO: Thank you again.
7 So even though you've gone through
8 this process of getting a pistol permit -- it's
9 taken maybe a year or longer, you've had a
10 background check, references, a thorough
11 vetting -- there's a 10-day, as you call it,
12 cooling-off period. So what happens in that
13 10 days?
14 SENATOR GIANARIS: Hopefully if
15 someone is intending to purchase a firearm to do
16 damage to themselves or others, they will come to
17 their senses and not do so.
18 SENATOR BORRELLO: Okay.
19 Madam President, on the bill.
20 ACTING PRESIDENT PERSAUD: Senator
21 Borrello on the bill.
22 SENATOR BORRELLO: First of all,
23 Senator Gianaris, thank you very much for the
24 engagement here.
25 You know, I guess I would point out
4043
1 that right now we are talking about probably the
2 most -- the highest standard in the United States
3 when it comes to a pistol permit. And this
4 10-day waiting period largely only applies to
5 people that are purchasing a pistol, not a long
6 gun, not a shotgun. So those folks could still
7 be impulsive, if you will.
8 But we also should keep in mind that
9 better than 95 percent of gun-related crimes are
10 committed with a gun that was illegally obtained.
11 So I think this measure is really mostly just for
12 show.
13 But let's talk about the real impact
14 of this. New Jersey has a very similar law, a
15 waiting period. And there's an unfortunate story
16 of a woman who was a victim of domestic violence
17 in the State of New Jersey who was waiting for
18 her 10 days and was stabbed to death by her
19 abuser in her driveway.
20 There are countless examples across
21 the United States that are documented of people
22 who have defended themselves with a legally
23 purchased firearm. And after going through a
24 very rigorous process in New York State to get a
25 pistol permit, you're still going to have to wait
4044
1 another 10 days. And what's going to happen in
2 that 10 days? Nothing, actually.
3 So from the day that you got your
4 pistol permit and you went to purchase your gun,
5 in that 10-day waiting period nothing is going to
6 happen. So to me this is just an empty gesture
7 to satisfy more, you know, radical special
8 interests.
9 But it puts victims at risk. Once
10 again, we are putting victims last in New York
11 State. And this is another example that will
12 cost lives. We have seen our streets become more
13 violent. I was watching TV the other day and I
14 saw an NYPD officer trying to respond to a
15 potential shooting victim in New York City, and
16 their vehicle was assaulted, pelted. They
17 couldn't get to the victim.
18 So how do we defend ourselves in a
19 state that has villainized law enforcement and
20 emboldened criminals? Well, you're going to have
21 to wait another 10 days to find that out, because
22 you're not going to be able to defend yourself.
23 Even though you've made a conscious decision to
24 apply for a pistol permit, taken months or even a
25 year or more to get that pistol permit, and now
4045
1 you're going to have to wait another 10 days. It
2 just makes no sense.
3 I'd also point out the fact that we
4 are about to pass a law that says you can show up
5 on Election Day with no proof of who you are,
6 register to vote and vote on Election Day. Where
7 is the background check there? How are we
8 verifying and certifying that this person is
9 actually a resident of New York State to begin
10 with and legally allowed to vote here?
11 That's okay for the same folks that
12 are proposing that someone who has already been
13 vetted who wants to exercise their Second
14 Amendment right to purchase a firearm can do so
15 legally but has to wait another 10 days. But
16 we're not going to wait 10 days or even a day or
17 even an hour to verify whether or not someone is
18 actually a legal resident of New York State and
19 qualified to vote here.
20 You know, the hypocrisy and the
21 irony doesn't escape me, and I'm certain it
22 doesn't escape the people that I represent in the
23 57th Senate District. So therefore I'll be a no
24 on this bill.
25 Thank you, Madam President.
4046
1 ACTING PRESIDENT PERSAUD: Senator
2 Stec on the bill.
3 SENATOR STEC: Actually,
4 Madam President, if the sponsor would yield for a
5 couple of questions, please.
6 ACTING PRESIDENT PERSAUD: Will the
7 sponsor yield?
8 SENATOR GIANARIS: Yes.
9 SENATOR STEC: Thank you. Through
10 you, Madam President.
11 Do you happen to have a pistol
12 permit? Or how familiar are you personally with
13 the pistol permit process?
14 SENATOR GIANARIS: I have never
15 owned a pistol or had a pistol permit, no.
16 SENATOR STEC: I'm sorry, I
17 couldn't hear you.
18 SENATOR GIANARIS: I do not.
19 SENATOR STEC: Okay.
20 Madam President, through you, if the sponsor
21 would continue to yield.
22 ACTING PRESIDENT PERSAUD: Will the
23 sponsor yield?
24 SENATOR GIANARIS: Yes.
25 ACTING PRESIDENT PERSAUD: The
4047
1 sponsor yields.
2 SENATOR STEC: So are you aware
3 that the pistol permit process in New York State
4 requires a background check, fingerprints,
5 hundreds of dollars in application fees and total
6 costs to wait anywhere between three and six
7 months for a judge to take all that information
8 and then decide whether or not to allow that
9 person to be granted a pistol permit?
10 SENATOR GIANARIS: Yes.
11 SENATOR STEC: You are. Okay,
12 thank you.
13 Madam President, if the sponsor
14 would continue to yield.
15 SENATOR GIANARIS: Yes.
16 ACTING PRESIDENT PERSAUD: The
17 sponsor yields.
18 SENATOR STEC: Thank you, Senator.
19 Now, previously somebody asked
20 you -- and I want to make sure that I'm
21 crystal-clear on this. You said that this bill
22 only applies to pistols, handguns. It does not
23 to semiautomatic long guns, shotguns, it is only
24 to pistols.
25 SENATOR GIANARIS: That's correct.
4048
1 SENATOR STEC: All right.
2 Madam President, on the bill. Thank you.
3 ACTING PRESIDENT PERSAUD: Senator
4 Stec on the bill.
5 SENATOR STEC: Thank you.
6 My previous colleague made a point
7 that I thought was very relevant. I do want to
8 touch on it again, though.
9 Today we're making it so that you
10 don't have to have any ID at all to prove that
11 you're eligible to vote -- you can walk in, you
12 can vote and register on the spot -- but we are
13 going to require people to wait 10 days to
14 exercise their right to have a firearm. Even
15 somebody that already owns firearms, even
16 somebody that already owns a pistol or
17 10 pistols, somebody that could have an order of
18 protection against somebody else, as has been
19 evidenced in numerous cases around the country
20 where somebody has been in that situation.
21 They've already gone through all the
22 background checks and the process, the lengthy
23 process to have a judge issue a pistol permit,
24 and we're going to tell that individual they have
25 to wait 10 days. I wonder where the 10 days
4049
1 comes from. Why is it 10 days? Why is it not
2 24 hours? They do a NICS check within seconds
3 when you try to purchase a firearm.
4 And again, this doesn't prevent
5 somebody from getting a long gun, either.
6 I just -- you know, I think this is
7 a -- this is just a clear disrespect of the
8 Second Amendment. And certainly it flies in the
9 face of protecting people from crime, especially
10 in a day and age where we're talking about
11 defunding the police, legalizing everything, our
12 prison populations are half what they were
13 10 years ago. These 40,000 people that aren't in
14 our prisons anymore in New York State are not all
15 good people. Our crime rates are going through
16 the roof.
17 And of all times, right now, with
18 all that going on, I think that discussing this
19 couldn't be a worse idea at this particular time.
20 And for that reason, I'll be voting
21 against this legislation. Thank you.
22 ACTING PRESIDENT PERSAUD: Are
23 there any other Senators wishing to be heard?
24 Seeing and hearing none, debate is
25 closed. The Secretary will ring the bell.
4050
1 Read the last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect on the first of January.
4 ACTING PRESIDENT PERSAUD: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT PERSAUD: Senator
8 Gianaris to explain his vote.
9 SENATOR GIANARIS: Thank you,
10 Madam President.
11 I, as always, listen to my
12 colleagues when they are engaging in debates,
13 especially on my bills, and so I heard a couple
14 of them compare the process of obtaining a pistol
15 to the process of voting. And my answer to them
16 is a simple one. Yes, we want it to be easier
17 for people to vote than to get a pistol.
18 So maybe we disagree about that. It
19 seems that Republicans all over this country, and
20 including in this chamber, want to make it hard
21 to vote and easy to get a gun. We want to make
22 it harder to get a gun and easier to vote. And
23 I'm not at all sorry that that's the position
24 we're taking, and that's why a bill like this is
25 so important.
4051
1 The other question I would suggest,
2 rhetorically, is what's the rush? You want to
3 get a gun, you've got to wait a week and a half
4 to get it, what's the big deal? Why do you need
5 it right away, unless it's with the intent to use
6 it in that period? And sometimes that use is one
7 that maybe shouldn't be taking place.
8 So I'm proud to vote in support of
9 this bill. I thank my colleagues who are also
10 supporting it. And I vote in the affirmative.
11 ACTING PRESIDENT PERSAUD: Senator
12 Gianaris to be recorded in the affirmative.
13 Senator Jackson to explain his vote.
14 SENATOR JACKSON: Thank you,
15 Madam President.
16 And my colleagues, I rise to explain
17 my support for this bill, S1235, which would
18 establish a 10-day waiting period for purchase of
19 any handguns.
20 I support this bill because it is a
21 commonsense measure to help us save lives and
22 eliminate opportunities for impulsive acts of
23 violence. It complements our already strong gun
24 laws by imposing a waiting period prior to the
25 sale of a firearm that is keeping with many other
4052
1 states, such as California, 10 days for all
2 applicable firearms; Washington, D.C., 10 days;
3 Florida, three days; Hawaii, 14 days; Illinois,
4 72 hours; Iowa, three days; Maryland, seven days;
5 New Jersey, seven days; Minnesota, seven days;
6 Rhode Island, seven days; Washington, 10 days.
7 So I say to you it complements our
8 already strong gun laws by imposing a waiting
9 period of 10 days for the sale of a handgun that
10 is in keeping with many other states. Improving
11 public safety by giving law enforcement officials
12 sufficient time to conduct a background check on
13 potential buyers, making this a bill that should
14 have the full support of every single colleague
15 here on both sides of the aisle.
16 And make no mistake about it. This
17 is not a Second Amendment issue. It's a public
18 safety issue.
19 And I want to thank Senator Gianaris
20 for his leadership on this bill, and all the
21 cosponsors as well. Today I vote aye in support
22 of this legislation that will save lives.
23 Thank you, Madam President.
24 ACTING PRESIDENT PERSAUD: Senator
25 Jackson to be recorded in the affirmative.
4053
1 Announce the results.
2 THE SECRETARY: In relation to
3 Calendar 1368, those Senators voting in the
4 negative are Senators Akshar, Borrello, Boyle,
5 Gallivan, Griffo, Harckham, Helming, Jordan,
6 Lanza, Martucci, Mattera, Oberacker, O'Mara,
7 Ortt, Palumbo, Rath, Ritchie, Serino, Stec,
8 Tedisco and Weik.
9 Ayes, 42. Nays, 21.
10 ACTING PRESIDENT PERSAUD: The bill
11 is passed.
12 Senator Gianaris.
13 SENATOR GIANARIS: Thank you,
14 Madam President.
15 Can we now return to the
16 noncontroversial calendar and pick it up at
17 Calendar 1371, where we left off.
18 ACTING PRESIDENT PERSAUD: The
19 Secretary will read.
20 THE SECRETARY: Calendar Number
21 1371, Senate Print 1767, by Senator Mannion, an
22 act to amend the Navigation Law.
23 ACTING PRESIDENT PERSAUD: Read the
24 last section.
25 THE SECRETARY: Section 2. This
4054
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: Ayes, 63.
8 ACTING PRESIDENT PERSAUD: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1374, Senate Print 3312, by Senator Kaplan, an
12 act to amend the Retirement and Social Security
13 Law.
14 ACTING PRESIDENT PERSAUD: There is
15 a home-rule message at the desk.
16 Read the last section.
17 THE SECRETARY: Section 4. 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
4055
1 is passed.
2 THE SECRETARY: Calendar Number
3 1375, Assembly Bill 436, substituted earlier by
4 Assemblymember Jones, an act to repeal Section 16
5 of the General Business Law.
6 ACTING PRESIDENT PERSAUD: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT PERSAUD: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT PERSAUD: Announce
14 the results.
15 THE SECRETARY: Ayes, 63.
16 ACTING PRESIDENT PERSAUD: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1378, Senate Print 4411, by Senator Skoufis, an
20 act to amend the Retirement and Social Security
21 Law.
22 ACTING PRESIDENT PERSAUD: Read the
23 last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
4056
1 ACTING PRESIDENT PERSAUD: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT PERSAUD: Announce
5 the results.
6 THE SECRETARY: Ayes, 63.
7 ACTING PRESIDENT PERSAUD: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1379, Senate Print 4440, by Senator Gounardes, an
11 act to amend the Retirement and Social Security
12 Law.
13 ACTING PRESIDENT PERSAUD: There is
14 a home-rule message at the desk.
15 Read the last section.
16 THE SECRETARY: Section 5. This
17 act shall take effect immediately.
18 ACTING PRESIDENT PERSAUD: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT PERSAUD: Announce
22 the results.
23 THE SECRETARY: Ayes, 63.
24 ACTING PRESIDENT PERSAUD: The bill
25 is passed.
4057
1 THE SECRETARY: Calendar Number
2 1383, Senate Print 4779, by Senator Hinchey, an
3 act to authorize the Village of Athens, in the
4 County of Greene, to offer an optional 20-year
5 retirement plan.
6 ACTING PRESIDENT PERSAUD: There is
7 a home-rule message at the desk.
8 Read the last section.
9 THE SECRETARY: Section 3. 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 1385, Senate Print 4987, by Senator Lanza, an act
21 to amend the Vehicle and Traffic Law.
22 ACTING PRESIDENT PERSAUD: Read the
23 last section.
24 THE SECRETARY: Section 4. This
25 act shall take effect on the 180th day after it
4058
1 shall have become a law.
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: Ayes, 63.
8 ACTING PRESIDENT PERSAUD: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1388, Senate Print 6171B, by Senator Ryan, an act
12 to amend Chapter 560 of the Laws of 1998.
13 ACTING PRESIDENT PERSAUD: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT PERSAUD: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT PERSAUD: Announce
21 the results.
22 THE SECRETARY: Ayes, 63.
23 ACTING PRESIDENT PERSAUD: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
4059
1 1391, Senate Print 6428, by Senator Breslin, an
2 act to amend the Vehicle and Traffic Law.
3 ACTING PRESIDENT PERSAUD: There is
4 a home-rule message at the desk.
5 Read the last section.
6 THE SECRETARY: Section 3. 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 1391, those Senators voting in the
15 negative are Senators Boyle, Helming, Palumbo and
16 Tedisco.
17 Ayes, 59. Nays, 4.
18 ACTING PRESIDENT PERSAUD: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1392, Assembly Bill 5858A, substituted earlier by
22 Assemblymember Dinowitz, an act to amend
23 Chapter 455 of the Laws of 1997.
24 ACTING PRESIDENT PERSAUD: Read the
25 last section.
4060
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 1393, Senate Print 6512, by Senator Gounardes, an
13 act to amend the Retirement and Social Security
14 Law.
15 ACTING PRESIDENT PERSAUD: Read the
16 last section.
17 THE SECRETARY: Section 5. This
18 act shall take effect immediately.
19 ACTING PRESIDENT PERSAUD: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT PERSAUD: Announce
23 the results.
24 THE SECRETARY: In relation to
25 Calendar Number 1393, voting in the negative:
4061
1 Senator Lanza.
2 Ayes, 62. Nays, 1.
3 ACTING PRESIDENT PERSAUD: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1394, Senate Print 6519, by Senator
7 Stewart-Cousins, an act to amend the
8 Public Authorities Law.
9 ACTING PRESIDENT PERSAUD: There is
10 a home-rule message at the desk.
11 Read the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT PERSAUD: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT PERSAUD: Announce
18 the results.
19 THE SECRETARY: Ayes, 63.
20 ACTING PRESIDENT PERSAUD: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1397, Senate Print 6569, by Senator Mayer, an act
24 to amend the Education Law.
25 ACTING PRESIDENT PERSAUD: Read the
4062
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect June 30, 2021.
4 ACTING PRESIDENT PERSAUD: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT PERSAUD: Announce
8 the results.
9 THE SECRETARY: Ayes, 63.
10 ACTING PRESIDENT PERSAUD: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1400, Senate Print 6618, by Senator Gounardes, an
14 act to amend the Retirement and Social Security
15 Law.
16 ACTING PRESIDENT PERSAUD: Read the
17 last section.
18 THE SECRETARY: Section 4. This
19 act shall take effect immediately.
20 ACTING PRESIDENT PERSAUD: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT PERSAUD: Announce
24 the results.
25 THE SECRETARY: Ayes, 63.
4063
1 ACTING PRESIDENT PERSAUD: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1403, Senate Print 6710, by Senator Gaughran, an
5 act to amend the Retirement and Social Security
6 Law.
7 ACTING PRESIDENT PERSAUD: There is
8 a 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 PERSAUD: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT PERSAUD: Announce
16 the results.
17 THE SECRETARY: Ayes, 63.
18 ACTING PRESIDENT PERSAUD: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1404, Assembly Bill 6841, substituted earlier by
22 Assemblymember Otis, an act to amend Chapter 602
23 of the Laws of 1993.
24 ACTING PRESIDENT PERSAUD: Read the
25 last section.
4064
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 1405, Senate Print 6764, by Senator Palumbo, an
13 act to amend the Highway Law.
14 ACTING PRESIDENT PERSAUD: Read the
15 last section.
16 THE SECRETARY: Section 3. This
17 act shall take effect immediately.
18 ACTING PRESIDENT PERSAUD: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT PERSAUD: Senator
22 Palumbo to explain his vote.
23 SENATOR PALUMBO: Thank you,
24 Madam President, for allowing me to interrupt the
25 proceedings for the purposes of explaining my
4065
1 vote.
2 Trooper Donald Strand joined the
3 Division of State Police on June 19, 1958, and
4 served in Troop B prior to his transfer to the
5 Troop K area of Long Island on April 23, 1959.
6 While on leave, he was ordered to
7 report for duty as all leaves were canceled due
8 to severe storm conditions resulting from
9 Hurricane Donna. He was en route to the
10 Bridgehamton Station, where he was assigned, and
11 was involved in a head-on crash. The operator of
12 the other vehicle was killed, and Trooper Strand
13 was critically injured. He succumbed to the
14 injuries on September 28, 1960.
15 Trooper Strand was a dedicated
16 public servant and first responder, and it's
17 fitting that we honor his life and ultimately
18 sacrifice by naming a portion of the state
19 highway system constituting Sunrise Highway
20 Peconic overpass on Route 27 in the Town of
21 Southampton, Suffolk County, as the "State
22 Trooper Donald A. Strand Memorial Bridge."
23 Madam President, this is yet another
24 reminder that those that serve and protect us
25 every day are on the road and not only facing
4066
1 perils that are involved in the criminal justice
2 system, but generally, because they drive so many
3 miles and are doing so much on our highways that
4 they too can give the ultimate sacrifice.
5 So I'm honored to be here, and this
6 is a long time coming. Trooper Strand passed
7 away September 28, 1960. So I'm honored to be
8 here and to sponsor this bill. I vote aye.
9 Thank you, Madam President.
10 ACTING PRESIDENT PERSAUD: Senator
11 Palumbo to be recorded in the affirmative.
12 Announce the results.
13 THE SECRETARY: In relation to
14 Calendar Number 1405, voting in the negative:
15 Senator Brisport.
16 Ayes, 62. Nays, 1.
17 ACTING PRESIDENT PERSAUD: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1406, Senate Print 6765, by Senator Palumbo, an
21 act to amend the Highway Law.
22 ACTING PRESIDENT PERSAUD: Read the
23 last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
4067
1 ACTING PRESIDENT PERSAUD: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT PERSAUD: Senator
5 Palumbo to explain his vote.
6 SENATOR PALUMBO: Thank you again,
7 Madam President.
8 And I'd like to also thank my
9 colleagues for bringing this bill as well as the
10 previous bill to the floor to memorialize those
11 who lost their lives in the line of duty.
12 Trooper Jose A. Rosado entered the
13 New York State Police on September 19, 1998, and
14 was assigned to Troop L, State Police Riverside.
15 He was killed while on patrol in a two-car
16 accident on January 24, 2007, in the Town of
17 Southampton, Suffolk County.
18 Trooper Rosado was a dedicated
19 public servant and first responder, and it's
20 fitting that we honor his life and ultimate
21 sacrifice by naming the portion of the state
22 highway system constituting the Sunrise Highway
23 Speonk River Road overpass on Route 27 in the
24 Town of Southampton, Suffolk County, as the
25 "State Trooper Jose A. Rosado Memorial Bridge."
4068
1 And I just wanted to reiterate,
2 Madam President, that this again reminds us of
3 the perils and the duty that our police officers
4 serve every day on behalf of the residents of
5 this state. And I'm honored to name this bridge
6 and sponsor this legislation for Trooper Jose
7 Rosado.
8 I vote aye. Thank you,
9 Madam President.
10 ACTING PRESIDENT PERSAUD: Senator
11 Palumbo to be recorded in the affirmative.
12 Announce the results.
13 THE SECRETARY: In relation to
14 Calendar Number 1406, voting in the negative:
15 Senator Brisport.
16 Ayes, 62. Nays, 1.
17 ACTING PRESIDENT PERSAUD: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1407, Senate Print 6798, by Senator Breslin, an
21 act to authorize and legalize certain acts and
22 proceedings of Albany County.
23 ACTING PRESIDENT PERSAUD: There is
24 a home-rule message at the desk.
25 Read the last section.
4069
1 THE SECRETARY: Section 5. 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 1408, Senate Print 6824, by Senator Persaud, an
13 act to amend the Family Court Act.
14 ACTING PRESIDENT PERSAUD: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT PERSAUD: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT PERSAUD: Announce
22 the results.
23 THE SECRETARY: Ayes, 63.
24 ACTING PRESIDENT PERSAUD: The bill
25 is passed.
4070
1 THE SECRETARY: Calendar Number
2 1409, Senate Print 6886, by Senator Liu, an act
3 to amend the Executive Law.
4 ACTING PRESIDENT PERSAUD: Read the
5 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: Ayes, 63.
14 ACTING PRESIDENT PERSAUD: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1410, Senate Print 6909, by Senator Borrello, an
18 act in relation to permitting The Abundant Life
19 Church to file an application for a real property
20 tax exemption.
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
4071
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT PERSAUD: Announce
4 the results.
5 THE SECRETARY: In relation to
6 Calendar 1410, those Senators voting in the
7 negative are Senators Akshar and O'Mara.
8 Ayes, 61. Nays, 2.
9 ACTING PRESIDENT PERSAUD: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1412, Senate Print 6972, by Senator Gounardes, an
13 act to amend the Administrative Code of the City
14 of New York.
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
4072
1 is passed.
2 THE SECRETARY: Calendar Number
3 1413, Senate Print 6974, by Senator Kavanagh, an
4 act to amend the Private Housing Finance Law.
5 ACTING PRESIDENT PERSAUD: Read the
6 last section.
7 THE SECRETARY: Section 3. 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 1415, Senate Print 7009, by Senator Savino, an
19 act to amend the Retirement and Social Security
20 Law.
21 ACTING PRESIDENT PERSAUD: Read the
22 last section.
23 THE SECRETARY: Section 5. This
24 act shall take effect immediately.
25 ACTING PRESIDENT PERSAUD: Call the
4073
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 THE SECRETARY: Calendar Number
9 1416, Senate Print 7019, by Senator Krueger, an
10 act to amend the State Technology Law.
11 ACTING PRESIDENT PERSAUD: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT PERSAUD: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT PERSAUD: Announce
19 the results.
20 THE SECRETARY: Ayes, 63.
21 ACTING PRESIDENT PERSAUD: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1417, Senate Print Number 7021, by Senator
25 Reichlin-Melnick, an act to amend the
4074
1 Village Law.
2 ACTING PRESIDENT PERSAUD: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT PERSAUD: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT PERSAUD: Announce
10 the results.
11 THE SECRETARY: Ayes, 63.
12 ACTING PRESIDENT PERSAUD: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1418, Senate Print 7031, by Senator Liu, an act
16 to amend the Real Property Tax Law.
17 ACTING PRESIDENT PERSAUD: Read the
18 last section.
19 THE SECRETARY: Section 4. 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.
4075
1 THE SECRETARY: Ayes, 63.
2 ACTING PRESIDENT PERSAUD: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1419, Assembly Bill 7569, substituted earlier by
6 Assemblymember Hunter, an act to amend the
7 Environmental Conservation Law.
8 ACTING PRESIDENT PERSAUD: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT PERSAUD: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT PERSAUD: Announce
16 the results.
17 THE SECRETARY: Ayes, 63.
18 ACTING PRESIDENT PERSAUD: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1420, Senate Print 7055, by Senator Cooney, an
22 act to amend Chapter 371 of the Laws of 2009.
23 ACTING PRESIDENT PERSAUD: Read the
24 last section.
25 THE SECRETARY: Section 2. This
4076
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: Ayes, 63.
8 ACTING PRESIDENT PERSAUD: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1424, Senate Print 7059, by Senator Rivera, an
12 act to amend Chapter 81 of the Laws of 1995.
13 ACTING PRESIDENT PERSAUD: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT PERSAUD: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT PERSAUD: Announce
21 the results.
22 THE SECRETARY: Ayes, 63.
23 ACTING PRESIDENT PERSAUD: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
4077
1 1425, Senate Print 7062, by Senator Rivera, an
2 act to amend Chapter 459 of the Laws of 1996.
3 ACTING PRESIDENT PERSAUD: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT PERSAUD: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT PERSAUD: Announce
11 the results.
12 THE SECRETARY: Ayes, 63.
13 ACTING PRESIDENT PERSAUD: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1426, Assembly Print 7607, substituted earlier by
17 Assemblymember Kelles, an act to amend the
18 Environmental Conservation Law.
19 ACTING PRESIDENT PERSAUD: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT PERSAUD: Call the
24 roll.
25 (The Secretary called the roll.)
4078
1 ACTING PRESIDENT PERSAUD: Announce
2 the results.
3 THE SECRETARY: Ayes, 63.
4 ACTING PRESIDENT PERSAUD: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1427, Assembly Bill 7394, substituted earlier by
8 Assemblymember Lunsford, an act to amend the
9 Environmental Conservation Law.
10 ACTING PRESIDENT PERSAUD: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT PERSAUD: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT PERSAUD: Announce
18 the results.
19 THE SECRETARY: Ayes, 63.
20 ACTING PRESIDENT PERSAUD: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1428, Senate Print 7069, by Senator Gaughran, an
24 act to amend Chapter 626 of the Laws of 1996.
25 ACTING PRESIDENT PERSAUD: Read the
4079
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT PERSAUD: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT PERSAUD: Announce
8 the results.
9 THE SECRETARY: Ayes, 63.
10 ACTING PRESIDENT PERSAUD: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1429, Assembly Bill 7393, substituted earlier by
14 Assemblymember Englebright, an act to amend the
15 Environmental Conservation Law.
16 ACTING PRESIDENT PERSAUD: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT PERSAUD: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT PERSAUD: Announce
24 the results.
25 THE SECRETARY: Ayes, 63.
4080
1 ACTING PRESIDENT PERSAUD: The bill
2 is passed.
3 Senator Liu, that completes the
4 reading of today's calendar.
5 SENATOR LIU: Madam President, now
6 we will take up the controversial calendar,
7 beginning with Calendar 1350.
8 ACTING PRESIDENT PERSAUD: The
9 Secretary will ring the bell.
10 The Secretary will read.
11 THE SECRETARY: Calendar Number
12 1350, Senate Print 6259A, by Senator Hinchey, an
13 act to amend the Highway Law.
14 ACTING PRESIDENT PERSAUD: Senator
15 Lanza, why do you rise?
16 SENATOR LANZA: Madam President, I
17 believe there's an amendment at the desk. I
18 waive the reading of that amendment and ask that
19 Senator Stec be recognized and heard.
20 ACTING PRESIDENT PERSAUD: Thank
21 you, Senator Lanza.
22 Upon review of the amendment, in
23 accordance with Rule 6, Section 4B, I rule it
24 nongermane and out of order at this time.
25 SENATOR LANZA: Accordingly,
4081
1 Madam President, I appeal the ruling of the chair
2 and ask that Senator Stec be recognized.
3 ACTING PRESIDENT PERSAUD: The
4 appeal has been made and recognized, and
5 Senator Stec may be heard.
6 SENATOR STEC: Thank you,
7 Madam President.
8 I rise to appeal the ruling of the
9 chair. The proposed amendment is germane to the
10 bill at hand because this legislation requires
11 the Department of Transportation to issue a
12 Notice of Completed Application for fiber optic
13 utilities within the state highway right-of-way.
14 The sponsor notes that there have
15 been significant delays in this permitting
16 process, and more projects are expected. This
17 amendment is germane because it would repeal the
18 fiber optic tax, reducing the cost of expanding
19 broadband throughout our state as we continue to
20 aim to expand broadband.
21 The 2019 enacted budget authorized
22 DOT to charge a fee on fiber optic utilities for
23 the use and occupancy of the right-of-way of
24 New York State highways. This new fee reversed
25 decades-old policy allowing utilities free access
4082
1 to such right-of-ways. This longtime policy
2 incentivized investment and development of
3 critical infrastructure statewide.
4 At the time of implementation, the
5 fee was projected to cost providers approximately
6 60 percent of a normal year's construction budget
7 and require carriers to reduce their construction
8 budgets for new projects by nearly 75 percent
9 just to break even. The fee does not apply to
10 other utilities, nor does it apply to projects
11 that are part of the Executive's New NY Broadband
12 Program.
13 However, as industry representatives
14 have routinely pointed out, the New NY Broadband
15 Program represents just 3 percent of total
16 households and businesses in New York. Any
17 existing and future fiber optics that help serve
18 the remaining 97 percent of the state residents
19 get taxed.
20 The lack of access to broadband is a
21 major issue for our upstate communities in the
22 best of times, as the lack of high-speed internet
23 limits the ability to attract new businesses and
24 for existing businesses to expand. According to
25 the Microsoft utilization data, only 54.6 percent
4083
1 of New Yorkers utilize the internet at broadband
2 speeds, meaning almost 7 million New Yorkers are
3 not using the internet at broadband speeds.
4 During COVID-19, access was even
5 more critical as people worked from home and
6 children attended school remotely. The fee
7 stifles investment, deployment and expansion at a
8 time when New York is receiving billions in
9 federal funding for broadband expansion and
10 carriers are building out their 5G networks.
11 This is a moment we should be
12 investing in our infrastructure and ensuring all
13 New Yorkers have access to broadband service.
14 For these reasons, Madam President,
15 I strongly urge you to reconsider your ruling.
16 Thank you.
17 ACTING PRESIDENT PERSAUD: Thank
18 you, Senator.
19 I want to remind the house that the
20 vote is on the procedures of the house and the
21 ruling of the chair.
22 Those in favor of overruling the
23 chair signify by saying aye.
24 SENATOR LANZA: Request a show of
25 hands.
4084
1 SENATOR LIU: Madam President, by
2 unanimous consent, please waive the showing of
3 hands and record each member of the minority in
4 the affirmative.
5 ACTING PRESIDENT PERSAUD: Without
6 objection, so ordered.
7 Announce the results.
8 THE SECRETARY: Ayes, 20.
9 ACTING PRESIDENT PERSAUD: The
10 ruling of the chair stands, and the bill-in-chief
11 is before the house.
12 Are there any other Senators wishing
13 to be heard?
14 Seeing and hearing none, debate is
15 closed. The Secretary will ring the bell.
16 Read the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the 90th day after it
19 shall have become a law.
20 ACTING PRESIDENT PERSAUD: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT PERSAUD: Announce
24 the results.
25 THE SECRETARY: Ayes, 63.
4085
1 ACTING PRESIDENT PERSAUD: The bill
2 is passed.
3 The Secretary will read.
4 THE SECRETARY: Calendar Number
5 1076, Senate Print 1048A, by Senator Myrie, an
6 act to amend the General Business Law.
7 ACTING PRESIDENT PERSAUD: Senator
8 Palumbo.
9 SENATOR PALUMBO: Thank you,
10 Madam President. Would the sponsor yield for a
11 few questions, please.
12 ACTING PRESIDENT PERSAUD: Will the
13 sponsor yield?
14 SENATOR MYRIE: Absolutely.
15 ACTING PRESIDENT PERSAUD: The
16 sponsor yields.
17 SENATOR PALUMBO: Thank you,
18 Senator Myrie. Nice to see you.
19 I have just a few questions, if I
20 may, in this regard. And I look at -- just
21 generally, in Section 1, there's a reference to
22 the Bureau of Alcohol, Tobacco, Firearms and
23 Explosives statistics that 74 percent of firearms
24 used in crimes in New York are purchased outside
25 of New York State.
4086
1 Can you -- do you know the date of
2 that particular study?
3 SENATOR MYRIE: Madam President,
4 through you, that percentile has been roughly the
5 same for approximately the past 10 years. As my
6 colleague knows, ATF is required to make an
7 annual report based on their gun tracing data for
8 every state in the union. And the most recent
9 report, I believe it's in 2019, indicated that
10 approximately 75 percent of crime guns originated
11 out of the State of New York.
12 SENATOR PALUMBO: Would you yield
13 for another question, please.
14 ACTING PRESIDENT PERSAUD: Does the
15 Senator yield?
16 SENATOR MYRIE: Yes.
17 ACTING PRESIDENT PERSAUD: The
18 sponsor yields.
19 SENATOR PALUMBO: Thank you,
20 Senator.
21 So when you say that they originated
22 from outside of New York, that they weren't
23 necessarily purchased outside of New York, that
24 they ultimately were manufactured outside of
25 New York? Is that more accurate?
4087
1 SENATOR MYRIE: So through you,
2 Madam President, according to the data that is
3 aggregated by the ATF -- and the colleague is
4 also aware that the tracing that is done by ATF
5 is generally an undercount. This is something
6 that happens at the instance of the crime, they
7 trace the gun and look back to the origins.
8 And based on that methodology,
9 75 percent of those guns were not -- they were
10 not traced back to the State of New York.
11 SENATOR PALUMBO: Thank you,
12 Senator. Would you yield for another question,
13 please. Through you, Madam President.
14 ACTING PRESIDENT PERSAUD: Does the
15 sponsor yield?
16 SENATOR MYRIE: Yes.
17 ACTING PRESIDENT PERSAUD: The
18 sponsor yields.
19 SENATOR PALUMBO: Thank you,
20 Senator.
21 And did you have any conversations
22 when crafting this legislation with any
23 stakeholders -- the gun industry themselves,
24 their advocacy groups like NRA, or anyone else in
25 that regard?
4088
1 SENATOR MYRIE: Through you,
2 Madam President, let me first say that the most
3 important constituency and the reason for this
4 bill are the thousands of New Yorkers that are
5 victims of shootings, many who have lost their
6 lives tragically because of the illegal
7 trafficking of guns.
8 As someone who was born and raised
9 in Central Brooklyn, I have the honor of
10 representing Central Brooklyn now. Gun violence
11 and shootings are all too familiar. So this is
12 not an issue that I needed to seek counsel on or
13 to get a lobbyist to tell me what the problem
14 was.
15 But that said, we did speak to the
16 gun industry and we did hear their concerns about
17 the bill.
18 But I will say that the impetus for
19 this bill are the lives that are being lost on a
20 daily basis and, through no fault of their own,
21 people who are being victimized because we have
22 bad actors in the gun industry who refuse to take
23 the proper reasonable protocols and procedures
24 to stop their dangerous products from killing
25 people here in the State of New York.
4089
1 SENATOR PALUMBO: Thank you,
2 Senator. Do you yield for another question?
3 ACTING PRESIDENT PERSAUD: Does the
4 sponsor yield?
5 SENATOR MYRIE: Yes.
6 ACTING PRESIDENT PERSAUD: The
7 sponsor yields.
8 SENATOR PALUMBO: Senator Myrie, in
9 that regard, then, do you have any statistics or
10 did you speak to anyone regarding the amount of
11 lawful guns that are used in crimes? Because you
12 just mentioned the illegal trafficking, versus
13 the amount of legal guns that are used in crimes
14 here in this country or in New York or in
15 anywhere, in any respect.
16 SENATOR MYRIE: Through you,
17 Madam President, I don't offhand have the
18 statistics for crimes committed with legal guns
19 throughout the country. I have relied mainly on
20 the ATF's own data that they produce on an annual
21 basis about the usage of illegal guns, and
22 through experience as a representative of
23 neighborhoods that are plagued by violence.
24 But also in my conversations with
25 law enforcement and district attorneys, we know
4090
1 that the crime that's related to guns, it's an
2 illegal gun problem. And that is what this bill
3 is aimed at, stemming the illegal use of weapons
4 in the State of New York.
5 SENATOR PALUMBO: In that regard,
6 would you yield for another question, please,
7 Senator.
8 ACTING PRESIDENT PERSAUD: Will the
9 sponsor yield?
10 SENATOR MYRIE: Certainly.
11 ACTING PRESIDENT PERSAUD: The
12 sponsor yields.
13 SENATOR PALUMBO: Thank you,
14 Senator.
15 And I've seen various different
16 studies, and the one I was able to put my finger
17 on today was published in January of 2019. And
18 it was the United States Department of Justice
19 Office of Justice Programs, Bureau of Justice
20 Statistics in 2016 did a study.
21 And so the Obama Justice Department
22 found the following results: 287,400 prisoners
23 had possessed a firearm during their offense.
24 Among these, more than half, 56 percent, had
25 either stolen it, 6 percent found it at the scene
4091
1 of the crime, 7 percent, or obtained it off the
2 street from an underground market. The last line
3 on this first page, 7 percent had purchased it
4 under their own name from a licensed firearm
5 dealer.
6 And the reason I bring that to your
7 attention and I want to ask you a question in
8 that regard, is can we agree that it's already
9 illegal for someone to buy for another person,
10 called a straw purchase? In fact, if I go into a
11 gun dealership and you and I both are lawfully
12 able to possess a gun and the dealer puts my name
13 on it and I'm buying it for you, all three of us
14 are guilty of a crime. Right, is that accurate?
15 SENATOR MYRIE: That sounds
16 accurate.
17 SENATOR PALUMBO: Okay, thank you.
18 And would you yield for another
19 question, please.
20 SENATOR MYRIE: Yes.
21 ACTING PRESIDENT PERSAUD: Will the
22 sponsor yield?
23 The sponsor yields.
24 SENATOR PALUMBO: Thank you.
25 So, Senator, my question to you is
4092
1 in light of the fact that, according to this
2 fairly recent study, 7 percent of gun crimes are
3 committed with legal guns, can you explain to me
4 how this bill will address the 93 percent of
5 illegal guns?
6 Because those individuals who are
7 illegally obtaining the guns, I don't see how
8 this bill holding manufacturers liable and gun
9 dealers liable will have any effect on those
10 illegal gun possessors. Can you please explain
11 that to me, please?
12 SENATOR MYRIE: Yes. So through
13 you, Madam President.
14 And I appreciate the question,
15 Senator Palumbo, and I think it allows me to
16 speak to what the importance of this bill is and
17 exactly what we're aiming at.
18 You note that this is a small
19 percentage of individuals that are committing the
20 overwhelming majority of the infractions. Much
21 like actual gun violence, in the gun industry it
22 is a small group of bad actors that are
23 committing the overwhelming majority of the
24 infractions.
25 What do I mean? There was an
4093
1 explosive USA Today trace report released last
2 week that examined inspections by the ATF from
3 the years of 2015 to 2017. Over 2,000
4 inspections were examined. And throughout those
5 inspections, what we saw, a common refrain, was
6 gun dealers, manufacturers, pawnbrokers, members
7 of the gun industry who were committing violation
8 after violation after violation but who were not
9 being held accountable.
10 In fact, the states where most of
11 the crime guns in New York come from, like
12 Georgia and North Carolina, those inspections
13 were examined and there were gun dealers that
14 violated the law 10 consecutive times and were
15 issued the lowest penalty possible from the ATF,
16 a simple warning letter.
17 And what do these violations
18 constitute? Filling out the proper paperwork
19 when you sell a firearm. Recording the record of
20 that transaction. Ensuring that you fill out the
21 proper form when an individual buys more than one
22 firearm over the span of five days. What we all
23 agree are common-sense regulations on the
24 commercial sale of firearms.
25 So what we found in that study was
4094
1 that many members of the gun industry that are
2 repeatedly violating the law -- not taking the
3 safety precautions -- have no mechanism for
4 accountability whatsoever.
5 And so what this bill does isn't an
6 automatic imposition of accountability, it simply
7 allows victims of gun violence to have their day
8 in court. The gun industry enjoys, as you know,
9 great immunity from civil liability. And so
10 these same irresponsible bad actors in the gun
11 industry are able to repeatedly violate the law
12 and not take the proper safety precautions, and
13 no one can bring them into court.
14 So if we have a measure of
15 accountability, if we are allowed to have a
16 factfinder determine whether or not that gun
17 industry member was irresponsible, then we may
18 see some action. This is the same course of
19 civil justice that has led to many of the things
20 we take for granted today. In the automobile
21 industry, seat belts and safety bags were not
22 sprung out of the well of goodness from corporate
23 executives. They were sued. There was
24 litigation; people died. And they said, We
25 deserve a day in court, and the industry changed
4095
1 its behavior.
2 SENATOR PALUMBO: Thank you,
3 Senator Myrie.
4 And would you yield for another
5 question, please.
6 SENATOR MYRIE: Yes.
7 ACTING PRESIDENT PERSAUD: The
8 sponsor yields.
9 SENATOR PALUMBO: Senator, this
10 bill does a little bit more than that. Because
11 if I may just explain a little bit what you're
12 discussing, there were some lawsuits and
13 ultimately a public nuisance was not found by
14 simply manufacturing a gun. And then later on,
15 the Court of Appeals said that there is no duty
16 for violence that's committed downstream after
17 that firearm has been transferred.
18 And so I do agree with you -- I
19 think we're all on the same page -- that the
20 unscrupulous gun dealers need to be punished.
21 Because that in fact under Title 15 United States
22 Code -- you've mentioned many of these
23 definitions, as a matter of fact, in 7903 and
24 that entire title -- it's illegal to do that
25 under federal law. And usually they have a much
4096
1 heavier hammer when it comes to that federal law
2 versus -- the United States Attorney versus local
3 district attorneys.
4 So we're in agreement. Those
5 unscrupulous gun dealers who are selling guns to
6 people who are not authorized to possess them --
7 I am a gun owner, and I absolutely agree with
8 you, 100 percent, they need to be punished.
9 However, this bill does a lot more
10 than that. This bill will now affect or provide
11 a cause of action against a manufacturer
12 downstream. So we'll get into a few specifics of
13 the bill, if you don't mind, and that's where I
14 have -- I'm really troubled by the language here,
15 because some of it is quite vague and is actually
16 subject to interpretation.
17 And I did have some individuals and
18 some groups that were concerned with this
19 legislation who provided me with a number of
20 examples that I'd like to be able to ask you so
21 we can just clarify, for the legislative intent
22 purposes of this bill, as to what is reasonable,
23 what is unreasonable. Because it says -- you
24 have in this bill illegal, which we all agree
25 should be a violation, and the manufacturer
4097
1 should have some responsibility if they're
2 illegally selling guns.
3 But once a legal gun is transferred
4 and all compliance is done between background
5 checks, federal and local laws and state law --
6 can you explain to me how a manufacturer is
7 supposed to control a gun that they sold lawfully
8 to someone that maybe lost it, stole it,
9 illegally sold it, whatever it may be.
10 So that's really the nexus of my
11 questions. And I wonder if you can help me out.
12 And I know I'm going to run out of time, so if we
13 could maybe keep it nice and concise, please,
14 Senator, that -- as to how these manufacturers
15 are supposed to reasonably control guns that are
16 downstream and they've already sold them lawfully
17 to a person who then is possibly negligent or
18 unscrupulous with it.
19 SENATOR MYRIE: Sure. So let me
20 first say that the concept of holding downstream
21 actors responsible is not foreign in our
22 corporate ecosystem. It is a liability that can
23 be imposed in every single other industry, with
24 the exception of the gun industry.
25 But let me read the section that I
4098
1 think may answer your question. So in the
2 definitions, we say: "'Reasonable controls and
3 procedures' shall mean policies that include but
4 are not limited to instituting screening,
5 security, inventory and other business practices
6 to prevent thefts of qualified products, as well
7 as sale of qualified products to straw
8 purchasers, traffickers, persons prohibited from
9 possessing firearms," et cetera. And that's on
10 page 2, starting line 16.
11 And so the notion that this bill is
12 vague I really have to contest, because I think
13 we give some specifics here on actions that can
14 be taken in order to prevent this type of thing
15 from happening.
16 But there's another critical piece
17 of this, and this is a "knowingly and recklessly"
18 requirement on the manufacturer's part. If you
19 are a manufacturer and you know that a particular
20 gun dealer has been, for instance, burglarized on
21 a number of occasions and that gun dealer has
22 taken no steps to cure that harm, you are now
23 knowingly participating in this process.
24 This again is not a concept that is
25 foreign to our law. And the fact that you made
4099
1 an initially legal purchase -- legal sale,
2 rather -- and there is some other intervention at
3 another point does not cut off your liability.
4 And that's not just me
5 hypothesizing. This has been stated by courts in
6 the State of New York. The Fourth Department
7 said, specifically, intervening actions between a
8 defendant and the harm suffered by the public,
9 even multiple or criminal actions taken by third
10 parties or occurring naturally, do not break the
11 chain of causation if a defendant could
12 reasonably have expected their nature and effect.
13 And in the First Department, the
14 Second department, the Third Department, under a
15 public nuisance theory, we have held individuals
16 liable even when there have been subsequent
17 intervening actions.
18 SENATOR PALUMBO: Would you yield
19 for another question, Senator?
20 SENATOR MYRIE: Sure. Through you,
21 Madam President.
22 SENATOR PALUMBO: Through you,
23 Madam President.
24 ACTING PRESIDENT PERSAUD: The
25 Senator yields.
4100
1 SENATOR PALUMBO: And in that
2 regard, thinking of -- you know, I always talk
3 about my old law enforcement days as a
4 prosecutor. Under what circumstance is it not
5 reasonably foreseeable, because the way you paint
6 it with that broad brush, that an object that's
7 readily capable of producing a shot that can
8 cause serious physical injury or death -- the
9 definition of a firearm under our Penal Law --
10 how is that not likely to cause harm?
11 Just like an automobile, which is a
12 3,000 to 5,000 or more pound weapon. So, you
13 know, we see it all the time: When people try
14 and run over police officers, they have justified
15 shootings because that is a deadly weapon in that
16 circumstance.
17 So I think that when you say that
18 collectively, that's always going to be the
19 situation. Why doesn't this apply to
20 automobiles, since it's going to definitely apply
21 to a weapon?
22 SENATOR MYRIE: I'm not sure of
23 your exact question there, but let me try to
24 tackle what I was able to gather.
25 Firstly, the product itself is
4101
1 inherently dangerous. We recognize that. It's
2 the reason why we regulate it the way that we do.
3 And I don't think any of us would disagree that
4 that regulation is necessary, given the inherent
5 dangerousness of the product that we are
6 discussing now.
7 The law recognizes these
8 distinctions. We do not regulate other, more
9 innocuous products the same way we regulate
10 inherently dangerous products. And this
11 particular bill is not going after responsible
12 members of the gun industry. I think your own
13 numbers that you cited earlier, I would venture
14 to say that there are many good actors in the gun
15 industry.
16 That is not what this is aimed at.
17 This is aimed at a small subset of bad actors in
18 the gun industry who can't be held liable under
19 any circumstance as the law currently stands.
20 SENATOR PALUMBO: Thank you,
21 Senator. Would you yield for another question?
22 Through you, Madam President.
23 ACTING PRESIDENT PERSAUD: Does the
24 Senator yield?
25 SENATOR MYRIE: Yes.
4102
1 ACTING PRESIDENT PERSAUD: The
2 sponsor yields.
3 SENATOR PALUMBO: Thank you,
4 Senator.
5 So in that regard, if a federal
6 firearm -- an FFL, a licensed manufacturer sells
7 firearms to a distributor, in full compliance and
8 in accordance with all federal and state and
9 local laws and all regulations, have they created
10 or maintained to a public nuisance in New York by
11 that transfer?
12 SENATOR MYRIE: Through you,
13 Madam President, I believe that the answer to
14 that question is, one, incredibly fact specific.
15 And, two, would be guided by the section that I
16 just read, whether or not there were reasonable
17 controls and procedures taken to mitigate this
18 process.
19 The reason why this is so important
20 is that we can't -- you cannot step into the
21 courthouse now to even answer the question that
22 you have posed to me. If you are a manufacturer
23 and you have given to this dealer and you have
24 complied with all of the laws and that dealer has
25 been irresponsible in how they have maintained
4103
1 their business and those guns end up in the
2 streets in Brownsville, the victims in
3 Brownsville can't even ask the question that
4 you've asked.
5 They can't get to it. They can't
6 see what was taken. They can't see whether or
7 not there were protocols put in place to protect
8 it. They don't know what the relationship
9 between a manufacturer and a dealer was. We
10 can't even get to the information.
11 And that is what this bill is about.
12 It is not about presumed guilt, it is about a day
13 in court.
14 SENATOR PALUMBO: Will you yield
15 for another question, Senator.
16 SENATOR MYRIE: Absolutely.
17 ACTING PRESIDENT PERSAUD: The
18 sponsor yields.
19 SENATOR PALUMBO: So can you tell
20 me what would be unreasonable in that example for
21 a federally licensed manufacturer to sell to a
22 known, well-behaved, federally licensed
23 distributor?
24 Because once that gun is
25 transferred, they have absolutely no control over
4104
1 where it goes and where it ends up. It's a
2 fungible item, so to speak.
3 So can you explain to me in that
4 example how any of that is unreasonable and there
5 could be liability?
6 SENATOR MYRIE: Through you,
7 Madam President. I'd just say again that it is a
8 fact-specific question.
9 If you are a responsible
10 manufacturer, you then sell or give to a
11 responsible distributor and then somewhere things
12 go awry, we would -- it's really the job of the
13 factfinder to determine whether or not that
14 manufacturer can be held liable.
15 I mean, I could see certain
16 instances where if you turn a blind eye to
17 something that you knew was happening downstream,
18 then that potentially makes you liable.
19 But it is an intensely fact-specific
20 inquiry that has to be made to determine the
21 liability for each of these members of the gun
22 industry. And it's why, again, it's so important
23 that people not be shut out of the courthouse and
24 have the opportunity to get to those facts.
25 SENATOR PALUMBO: Will you yield
4105
1 for another question, Senator.
2 SENATOR MYRIE: Yes.
3 SENATOR PALUMBO: Thank you.
4 And so -- and I guess I'll go on the
5 bill and talk more about the language that
6 concerns me where you have "including, but not
7 limited to," because they're not exclusive lists.
8 But we also have here, at line 53 on
9 page 2, "The existence of a public nuisance shall
10 not depend on whether the gun industry member
11 acted for the purpose of causing harm to the
12 public." And "The acts or omissions of a gun
13 industry member shall constitute a proximate
14 cause of the public nuisance if the harm to the
15 public was a reasonably foreseeable effect of
16 such acts or omissions."
17 So I would submit to you that when
18 we're dealing with firearms, of course, they can
19 be dangerous if misused. But my question is
20 would you agree with me that that actually
21 creates now an affirmative duty that did not
22 exist for manufacturers, that they must comply
23 with this or otherwise face liability?
24 SENATOR MYRIE: So I'm not sure I
25 agree with the characterization of it.
4106
1 But if you are suggesting that we
2 are contemplating making a decision, as the
3 policymaking body of this state, to impose
4 certain affirmative steps and duties that members
5 of the gun industry should take, I would say
6 absolutely, because we are within our full right
7 to do so.
8 And even those who would perhaps
9 disagree with the policy choice that we are
10 making I don't think could reasonably disagree
11 that it is well within the state's jurisdiction
12 to protect the health and safety of the public.
13 It is why we a little over a month ago declared
14 gun violence a public health crisis. And I
15 believe that this is one of the solutions to help
16 stem the sources of that crisis.
17 SENATOR PALUMBO: Will you yield
18 for another question, Senator, please.
19 SENATOR MYRIE: Yes.
20 ACTING PRESIDENT PERSAUD: The
21 sponsor yields.
22 Senator Palumbo, I'd just like to
23 remind you to direct all comments and questions
24 through the chair.
25 SENATOR PALUMBO: Yes,
4107
1 Madam President. Thank you. I apologize for
2 that.
3 Again, it's -- old habits die hard
4 from my years down the hall, you know what I
5 mean?
6 Madam President, through you.
7 Senator, you ultimately have in here, as far as
8 any of those lawsuits are concerned, that when
9 there's a violation of this article, "the
10 Attorney General, in the name of the people of
11 the State of New York, or the town attorney, city
12 corporation counsel, or other lawfully designated
13 enforcement officer of a municipality or local
14 government, on behalf of a locality, may bring an
15 action in a court of competent jurisdiction to
16 enjoin and restrain such violations and to obtain
17 restitution and damages."
18 Senator, could you tell me who those
19 damages would go to?
20 SENATOR MYRIE: So my understanding
21 is that it depends on who the injured party was
22 and the nature of the claim brought.
23 And so the restitution or the
24 damages here would go to whomever the factfinder
25 found to be the injured party.
4108
1 SENATOR PALUMBO: Through you,
2 Madam President, would the Senator yield for one
3 more question.
4 ACTING PRESIDENT PERSAUD: Will the
5 Senator yield?
6 SENATOR MYRIE: I do. I do.
7 ACTING PRESIDENT PERSAUD: The
8 sponsor yields.
9 SENATOR PALUMBO: So in that
10 regard, Senator, if there's a private right of
11 action in here -- and that makes sense to me --
12 but if the Attorney General wants to sue
13 Remington, in federal court or otherwise, and
14 there are damages awarded there, would they just
15 go to the state if there's no specific injured?
16 Or how would it be distributed to the general
17 public?
18 I think that that's -- there's some
19 confusion there, and I'm wondering if you can
20 help me out.
21 SENATOR MYRIE: So in previous
22 litigations and suits brought by the
23 Attorney General -- I'm thinking most recently
24 against members of the financial sector -- those
25 settlements were given back to the state because
4109
1 the harm was done to the public generally.
2 I have every reason to believe that
3 should the Attorney General bring a similar
4 lawsuit based on harm to the public, that those
5 funds would similarly go to the state.
6 SENATOR PALUMBO: Thank you,
7 Senator. I see I'm getting low on time. I
8 appreciate your indulgence.
9 Madam President, on the bill,
10 please.
11 ACTING PRESIDENT PERSAUD: Senator
12 Palumbo on the bill.
13 SENATOR PALUMBO: Thank you,
14 Madam President.
15 And generally speaking, the very
16 intent of the bill articulates that this is
17 intended to -- the target of this legislation are
18 gun manufacturers outside of New York State. You
19 said 74 percent in the bill, roughly 75 percent.
20 And the issue is this. That is an
21 improper infringement on the Commerce Clause. I
22 can't see how this even possibly would pass
23 constitutional muster.
24 But when we couple that with the
25 many other statutes that are referenced in this
4110
1 bill, that the United States Code has a
2 qualifying product -- which is referred to in the
3 bill -- which under 15 U.S. Code 7903, Section 4,
4 the term "qualified product" is a firearm, an
5 antique firearm, ammunition or component part of
6 a firearm or ammunition that has been shipped or
7 transported in interstate or foreign commerce.
8 Now, the reference to potentially
9 unscrupulous gun manufacturers. That is
10 something that we, I think as a body, are in
11 agreement. That is unlawful. And as I said, the
12 former prosecutor in me realizes how terrible
13 that is, because we have this study, among many
14 others -- depends on which one you look at. But
15 what I've seen over the years, it's always single
16 digits of lawful gun owners are the ones
17 committing crimes.
18 So, my friends, with this session
19 almost behind us, and we see what has happened in
20 the last year and a half regarding spikes in gun
21 violence in New York City, spikes in gun violence
22 around the country, spikes in big cities, and
23 with an attempt -- although the heart probably is
24 in the right place in many respects, the
25 so-called justice reform has resulted in a
4111
1 tremendous spike in use of illegal firearms.
2 And again, 93 percent of these
3 crimes are the ones I'm talking about. We
4 haven't done anything in this body to address
5 stricter penalties for illegally using a firearm.
6 That's the proper position for this body to take,
7 because that will help.
8 This, even if it is constitutional,
9 going after manufacturers for something they sold
10 three years ago because someone's house was
11 burglarized and they lost -- and you saw those
12 statistics, and these aren't made up, these
13 aren't mine. As I said, this was the 2016
14 Department of Justice did this, and over 287,400
15 prisoners in the federal and local systems were
16 interviewed and the data was compiled, and 7
17 percent was the number. But overwhelmingly,
18 stole it, got it on an underground market, found
19 it at the scene of a crime. They obtained it
20 through no fault of any manufacturer. And in
21 fact, that is where our -- as I just mentioned,
22 that is where our focus should be.
23 So I think this is certainly a bill
24 that will make a great press release that we're
25 really fighting crime and taking on those big bad
4112
1 inanimate objects that are guns. The guns do
2 nothing by themselves. People kill people, not
3 guns. Are we going to start to ban swords and
4 baseball bats and automobiles?
5 And again, I've discussed this issue
6 and I've -- through committees and so forth with
7 the sponsor, and I understand his heart is
8 absolutely in the right plate to try and resolve
9 this, I think this issue. But this bill is
10 completely misplaced. This bill does not make us
11 safer.
12 And unfortunately, this is going to
13 create a flood of litigation, particularly when
14 you have a free lawyer like the Attorney General
15 doing it for potentially, I would suggest,
16 sometimes political reasons lawsuits are filed in
17 many states. That this is actually going to just
18 focus -- just really regulate those lawful gun
19 owners, because that 7 percent of people, yes,
20 some people do commit crimes. But overwhelmingly
21 those people who are lawful gun owners are the
22 ones that are going to be affected by this.
23 So when the gun industry moves out
24 of New York, unfortunately we're going to have an
25 even bigger increase in crime, because the
4113
1 numbers are overwhelming for those that protect
2 themselves with a lawful firearm.
3 So unfortunately, Madam President, I
4 urge my colleagues to vote no on this particular
5 bill because it will not accomplish the goals
6 that the sponsor seeks.
7 Thank you very much.
8 ACTING PRESIDENT PERSAUD: Senator
9 Lanza.
10 SENATOR LANZA: Thank you,
11 Madam President.
12 Would the sponsor yield for some
13 questions.
14 ACTING PRESIDENT PERSAUD: Does the
15 sponsor yield?
16 SENATOR MYRIE: Yes, Madam
17 President.
18 ACTING PRESIDENT PERSAUD: The
19 sponsor yields.
20 SENATOR LANZA: Thank you. Thank
21 you to the sponsor and thank you,
22 Madam President. Through you, Madam President.
23 Does the sponsor believe that the
24 citizens of New York have the right to protect
25 themselves by bearing arms?
4114
1 SENATOR MYRIE: Yes.
2 SENATOR LANZA: Madam President,
3 would the sponsor continue to yield.
4 ACTING PRESIDENT PERSAUD: Does the
5 sponsor yield?
6 SENATOR MYRIE: Yes.
7 ACTING PRESIDENT PERSAUD: The
8 sponsor yields.
9 SENATOR LANZA: Madam President,
10 through you. The sponsor spoke about there being
11 liability only when something goes awry. Isn't
12 it a fact that every time someone becomes the
13 victim of a gun crime that something has gone
14 awry?
15 SENATOR MYRIE: Yes, I think every
16 instance of gun violence is tragic.
17 SENATOR LANZA: Would the sponsor
18 continue to yield.
19 ACTING PRESIDENT PERSAUD: Does the
20 sponsor yield?
21 SENATOR MYRIE: Yes.
22 ACTING PRESIDENT PERSAUD: The
23 sponsor yields.
24 SENATOR LANZA: Through you,
25 Madam President. Can the sponsor tell us or
4115
1 describe a fact scenario where someone is the
2 victim of a gun crime and under this law the
3 manufacturer of that gun would not be subject to
4 liability?
5 SENATOR MYRIE: Through you,
6 Madam President. And I hate to sort of speak in
7 double negatives, but I think I'm going to get to
8 the core of my colleague's question in that if
9 you are a responsible manufacturer who can
10 demonstrate that you've taken the appropriate and
11 reasonable steps to prevent your product from
12 flowing into the illegal market, then you will
13 not be held liable.
14 The key to this is taking reasonable
15 steps. The bill does not prescribe perfection
16 from any member of the gun industry. It does not
17 call for negligence per se. It does not impose
18 automatic liability. It instead asks that
19 members of the gun industry take reasonable
20 steps. And that "reasonable" piece again is not
21 a phrase that is foreign to our body of law, and
22 we are again aimed at the irresponsible members
23 of the gun industry.
24 SENATOR LANZA: Madam President,
25 would the sponsor continue to yield.
4116
1 ACTING PRESIDENT PERSAUD: Does the
2 sponsor yield?
3 SENATOR MYRIE: Yes,
4 Madam President.
5 ACTING PRESIDENT PERSAUD: The
6 sponsor yields.
7 SENATOR LANZA: Through you,
8 Madam President.
9 First let me say I would agree with
10 that sentiment that we want people, especially
11 those that are in the manufacture of firearms, to
12 be responsible.
13 But let me pose -- through you,
14 Madam President -- this question. Let's say a
15 manufacturer creates a firearm, that firearm is
16 purchased lawfully, and then the lawful purchaser
17 of that firearm -- as rare as this is in real
18 life, as Senator Palumbo pointed out -- commits a
19 gun crime with that lawfully purchased weapon.
20 Isn't it true that even under those
21 facts, that manufacturer would be liable for that
22 crime if this bill becomes law?
23 SENATOR MYRIE: Through you,
24 Madam President. The bill again does not impose
25 automatic liability. It simply provides a cause
4117
1 of action such that a court or a factfinder can
2 determine whether that liability exists.
3 SENATOR LANZA: Through you,
4 Madam President, will the sponsor continue to
5 yield.
6 ACTING PRESIDENT PERSAUD: Will the
7 sponsor yield?
8 SENATOR MYRIE: Yes,
9 Madam President.
10 ACTING PRESIDENT PERSAUD: The
11 sponsor yields.
12 SENATOR LANZA: So through you,
13 Madam President, let me put it a different way.
14 The sponsor says that liability is
15 not automatic. But isn't it true that if this
16 bill becomes law, by the facts I've described
17 where a manufacturer creates a firearm, someone
18 lawfully purchases it, the manufacturer has done
19 nothing except manufacture that weapon, that
20 lawful purchaser of the weapon commits a crime --
21 isn't it true that this bill would automatically
22 allow the victim of that crime to have a cause of
23 action and therefore impose liability upon the
24 manufacturer?
25 SENATOR MYRIE: Through you,
4118
1 Madam President. I feel like we're -- perhaps
2 we're talking past each other. But it is a
3 fact-specific inquiry to determine this
4 liability. And, you know, I hate to sort of put
5 myself in the face of the factfinder without
6 having a totality of the circumstances before us.
7 But if you are that manufacturer and
8 you have demonstrated that you've taken
9 reasonable steps to ensure that your products are
10 not used for illegal purposes contributing to gun
11 violence, then you would be able to demonstrate
12 that in court or before the factfinder.
13 This bill really is about allowing
14 that process to begin. I think we are assuming
15 that individuals have the capability, as the law
16 stands now, to get to those facts and to make the
17 case. And this is if you are a good
18 manufacturer, you are a good member of the gun
19 industry, this bill doesn't threaten your
20 existence. If you are carrying out your business
21 in a responsible manner and you're taking the
22 appropriate steps, you should not have to worry
23 about this type of liability.
24 And so, you know, I would again just
25 emphasize that this is about giving individuals
4119
1 the opportunity to make their case, just as they
2 would be able to make in almost every other
3 circumstance against a particular industry, but
4 because the gun industry enjoys this unique
5 immunization from civil liability, it has
6 prevented people from being able to do so.
7 SENATOR LANZA: Would the sponsor
8 continue to yield, Madam President.
9 ACTING PRESIDENT PERSAUD: Does the
10 sponsor yield?
11 SENATOR MYRIE: Yes.
12 ACTING PRESIDENT PERSAUD: The
13 sponsor yields.
14 SENATOR LANZA: So through you,
15 Madam President. We are talking past each other
16 a bit, I agree. I'm not saying ultimate
17 culpability, as determined by some verdict. I'm
18 talking about liability.
19 And presently as the law exists here
20 in New York, under the facts I've described where
21 a manufacturer has done nothing except
22 manufacture the firearm, and that is lawfully
23 purchased, and there's ultimately a gun crime
24 committed with that weapon, the manufacturer will
25 not find themselves in a court of law.
4120
1 And while the sponsor suggests that,
2 well, if you've done nothing wrong, you will not
3 be held liable, isn't it true that under every --
4 Madam President, through you, to the sponsor,
5 isn't it true that every time there is a gun
6 crime committed, if this becomes law, that the
7 gun manufacturer will find themselves in court?
8 SENATOR MYRIE: Madam President,
9 again, this bill does not create automatic
10 liability, and certainly not in the way that my
11 colleague has phrased.
12 You know, I know I sound like a
13 broken record here, but I want to emphasize that
14 the intent of this bill is not to impose
15 automatic liability on members of the gun
16 industry. The intent of this bill is not aimed
17 at responsible members of the gun industry. This
18 bill is about giving the opportunity for victims
19 of gun violence or any other injured party of gun
20 violence to get to the facts, to determine
21 whether or not these procedures have taken place.
22 You can imagine that there are an
23 incredible amount of victims in the State of
24 New York who have suffered from an illegal gun
25 who have either had their family members killed
4121
1 or their friends killed or members of their
2 community killed. And we also have a gun
3 industry that can't be brought to a court
4 whatsoever. And so what this is about is
5 allowing these two sets of circumstances to meet
6 and allowing us to get to the facts.
7 And so each case is going to be
8 different. And my colleague understands this
9 very well, that we can't predetermine these
10 outcomes and it really is for the factfinder to
11 determine whether or not the manufacturer in this
12 hypothetical was a responsible member of the gun
13 industry.
14 SENATOR LANZA: Will the sponsor
15 continue to yield.
16 ACTING PRESIDENT PERSAUD: Does the
17 sponsor yield?
18 SENATOR MYRIE: Yes,
19 Madam President.
20 ACTING PRESIDENT PERSAUD: The
21 sponsor yields.
22 SENATOR LANZA: Thank you. Through
23 you, Madam President.
24 Isn't the real intent of this
25 legislation to create such a litigation nuisance
4122
1 to gun manufacturers that it will drive them out
2 of business so that they will not be able to
3 produce weapons so that people will not be able
4 to protect themselves and enjoy the right to bear
5 arms?
6 SENATOR MYRIE: Madam President,
7 that is absolutely not the intent.
8 And I would ask individuals who are
9 listening to us -- I know we have scores of
10 viewers at home.
11 (Laughter.)
12 SENATOR MYRIE: I would ask
13 individuals who are listening to us to consider
14 the proposition that my colleague just put up,
15 that if the gun industry can be held liable for
16 bad behavior, that they will pack up and leave.
17 What does that presuppose about the
18 nature of the industry, that any accountability
19 will force you out of the state?
20 I disagree with the premise that the
21 industry members who are responsible will leave
22 the state. But if you can't do business in a
23 responsible way, in a way that keeps guns off of
24 our streets, then you should be held accountable
25 for that. A business model that is predicated on
4123
1 profits that are derived from guns flowing into
2 the illegal market is not one that we should
3 support.
4 And that's not what this bill is
5 aimed at. And it is not the intent for us to go
6 after the responsible members of the gun
7 industry. It is, again, an attempt to give
8 impacted individuals their day in court.
9 SENATOR LANZA: Would the sponsor
10 continue to yield.
11 ACTING PRESIDENT PERSAUD: Does the
12 sponsor yield?
13 SENATOR MYRIE: Yes.
14 ACTING PRESIDENT PERSAUD: The
15 Senator yields.
16 SENATOR LANZA: Through you,
17 Madam President.
18 First of all, I thank you for that
19 response. I just want to be clear in terms of
20 what the intent of the legislation is here on the
21 floor.
22 You talk about the fact that -- and
23 by the way, Madam President, through you, I think
24 we have a different opinion about what is bad
25 conduct. I think there are many -- and they're
4124
1 entitled to their belief that bad conduct is the
2 very act of what gun manufacturers do, that the
3 bad conduct is the actual creation of that
4 weapon. There are people that believe that,
5 they're entitled to believe that. I don't. I
6 think that's part of what is at issue here.
7 Through you, Madam President, the
8 sponsor talked about this unique enjoyment of
9 immunity. The government of New York City, of
10 New York State enjoy all types of immunities with
11 respect to protecting government from actions
12 brought by its own citizens, even when the
13 government has been negligent or grossly
14 negligent.
15 Madam President, through you, would
16 the sponsor be willing to eliminate all
17 provisions that provide immunity for the state
18 government and the various municipal governments
19 across New York?
20 SENATOR MYRIE: Through you,
21 Madam President, I'm not sure that is within the
22 scope of our debate.
23 My focus here is on what's before
24 the house, and that is a bill that would make use
25 of and exception to the immunity that was
4125
1 contemplated by the United States Congress. An
2 exception that allows for states to regulate the
3 commercial sale of firearms. An exception that
4 has been recognized by the highest court in the
5 United States, in that it is not an unlimited
6 right we have to bear arms, but one that can be
7 subject to regulation.
8 And there's a reason for that. It's
9 because it's an inherently dangerous activity
10 that can't be unlimited, and that does require
11 some regulation. And states for centuries have
12 had the ability to regulate and protect their
13 citizens from threats to their health and safety.
14 And so that's what is before us
15 today. And I believe very strongly that we are
16 fully within our power as a state legislative
17 body to make the determination as to what those
18 threats are and how we can solve those problems.
19 SENATOR LANZA: Will the sponsor
20 yield?
21 ACTING PRESIDENT PERSAUD: Will the
22 sponsor yield?
23 SENATOR MYRIE: Yes.
24 ACTING PRESIDENT PERSAUD: The
25 sponsor yields.
4126
1 SENATOR LANZA: Thank you. Through
2 you, Madam President.
3 You know, I think the discussion
4 surrounding this bill really centers on where
5 ultimately liability rests when, as you say,
6 things go awry. And so here the target of that
7 discussion is the gun manufacturer. But, you
8 know, I can give a lot of hypotheticals but I do
9 want to go through a couple.
10 So for instance, through you,
11 Madam President, we know that people are losing
12 their lives on the roads because of texting.
13 Does the sponsor believe that the people who make
14 these phones are liable for those deaths?
15 SENATOR MYRIE: Through you,
16 Madam President. You know, I suspect that we're
17 going to go through a series of hypotheticals, so
18 I might try to give an answer that might be
19 useful for the rest of them.
20 You know, Congress contemplated the
21 nature of the firearm industry when they crafted
22 this bill, the Protection of Lawful Commerce in
23 Arms Act, known colloquially as PLCAA. Congress
24 contemplated the nature of this industry, the
25 nature of other industries, the nature of
4127
1 commerce and they set out these particular
2 protections for this industry and made sure to
3 build in an exception that allowed for states to
4 regulate the firearm industry directly.
5 Considering all of its ability to
6 regulate commerce as outlined in the Commerce
7 Clause in our Constitution, the Congress still
8 made this exception because the states enjoy a
9 unique ability to protect its citizens.
10 And so I understand the sort of road
11 we're going down with the hypotheticals. I'm
12 going to give the same answer, in that even with
13 all of these hypotheticals and other industries
14 that I suspect you're going to bring up, Congress
15 still said that the states are allowed to
16 regulate the firearm industry. This bill
17 squarely fits within that exception.
18 SENATOR LANZA: Will the sponsor
19 yield.
20 ACTING PRESIDENT PERSAUD: Does the
21 sponsor yield?
22 SENATOR MYRIE: Yes.
23 ACTING PRESIDENT PERSAUD: The
24 sponsor yields.
25 SENATOR LANZA: Through you,
4128
1 Madam President. I thank the sponsor and I
2 accept his same answer in advance, and so I won't
3 go through them. We both understand each other's
4 point.
5 I would say that I think that -- I
6 think it's clear that Congress carved out or this
7 immunity was created because of the inherent
8 nature of what a weapon, a firearm is. And
9 therefore, in order to protect the spirit of the
10 Second Amendment, such immunity is seen by many
11 to be critically important.
12 Just a couple more questions,
13 through you, Madam President.
14 ACTING PRESIDENT PERSAUD: Does the
15 sponsor yield?
16 SENATOR MYRIE: Yes.
17 ACTING PRESIDENT PERSAUD: The
18 sponsor yields.
19 SENATOR LANZA: So through you,
20 Madam President. I understand the sponsor's
21 intent here. It's to rid society of the plague
22 of gun violence. I think we can all agree that
23 that is a necessary, worthy goal that we all must
24 come together and achieve.
25 Would the sponsor consider
4129
1 increasing penalties for those who commit gun
2 crimes here in New York?
3 SENATOR MYRIE: Through you,
4 Madam President, the question on whether or not
5 we should be going after the individuals who are
6 pulling the trigger I think is one that has been
7 asked and answered by our entire statutory
8 framework aimed at these particular individuals.
9 And so this is not a bill that
10 absolves individuals of responsibility. We have
11 a robust police apparatus that is well resourced,
12 that aims at preventing and catching individuals
13 who are committing crimes. We have a robust
14 prosecutorial apparatus that is aimed at
15 convicting such individuals. We have a massive
16 incarceration structure meant to -- or that at
17 least in effect keeps these individuals off the
18 streets. This bill does not touch that.
19 What the principle of this is, we
20 have one set of laws and accountability for the
21 individuals who are committing the crimes, but we
22 have complete immunity and no accountability for
23 the sources. And that's what this is about.
24 That we cannot have one set of laws and one set
25 of rules and one set of accountability for one
4130
1 side of the equation while completely letting off
2 the other side.
3 SENATOR LANZA: Thank you,
4 Madam President. On the bill.
5 ACTING PRESIDENT PERSAUD: Senator
6 Lanza on the bill.
7 SENATOR LANZA: Thank you,
8 Madam President. And thank you, Senator Myrie.
9 So let's start with that which we
10 agree upon, that gun violence is a plague in our
11 state and in the nation. In fact, all crime is
12 really a mark on society and we all need to come
13 together and do something about it.
14 I disagree with this idea, though,
15 that we ought to put responsibility and liability
16 and culpability on a gun manufacturer who's doing
17 nothing except what the law allows in this
18 country. And I can't help but believe and I
19 think it's logical to conclude, given the nature
20 of what it is that they manufacture, that every
21 time something goes awry, as the Senator
22 suggested, there is a victim. And that because
23 we have this problem in society with respect to
24 those who believe it's all right to commit crimes
25 against their neighbors, that ultimately a law
4131
1 like this will make it either impossible or
2 untenable for the manufacturer of firearms to
3 continue. That's why I asked the question about
4 the real intent of the bill.
5 Whether it's intended or not, I
6 believe that ultimately is the outcome. And I'm
7 sure there are a lot of people who would say,
8 honestly, Hey, that's great, because we don't
9 believe the Second Amendment has any place in
10 society in America anymore. It would be great if
11 there were no more gun manufacturers because we
12 don't want our citizens to have the right to
13 protect themselves and bear arms.
14 And that's an honest debate. People
15 are entitled to that opinion. I think it's
16 antithetical to everything that America stands
17 for. But we can put that aside because I think,
18 whether or not you believe that or not, that
19 would be the ultimate result of a law like this.
20 And it's not because it's protecting
21 people who are doing the wrong thing. We all
22 agree. If you're doing the wrong thing, as an
23 attorney I believe in culpability, I believe in
24 having that day in court. It's just that with
25 this law, doing the right thing would still have
4132
1 you in that courtroom. And that's the problem
2 for me with a bill like this.
3 You know, you can carry the argument
4 forward to say, well, the people who make
5 knives -- I didn't want to go through all the
6 hypotheticals with the sponsor. People make
7 knives, people stab people, the people who
8 manufacture the knives, they're responsible.
9 In New York, marijuana is legal,
10 alcohol is legal, people die on the roads -- and
11 more people are going to die on the roads. Are
12 the people who grew the pot or created the
13 alcohol, are they responsible? Should they be
14 responsible?
15 I have an even more ridiculous one.
16 A member of the Senate passes a law, votes for a
17 law. As a result of that law, someone is able to
18 commit a crime or a murder is committed. Should
19 that member of the Senate be brought into a
20 courtroom and be held liable for the result of
21 the law that that Senator voted for? No, that's
22 ridiculous. Just as ridiculous, I believe, as
23 this law.
24 Again, we all agree,
25 Madam President, and we've got to do whatever it
4133
1 takes to prevent gun violence or violence of any
2 type here in New York. In fact, all crime -- gun
3 violence, assaults, rapes, burglaries,
4 robberies -- they're all on the rise. Hate
5 crimes. All on the rise, sadly, as we speak
6 right here in our beloved State of New York.
7 And I believe, Madam President, that
8 the reason for all that has more to do with
9 societal ills and bad public policy. And one
10 thing that's clear to me also is that this bill
11 will not prevent a single act of gun violence.
12 And when it's time to vote,
13 Madam President, I'll be voting in the negative.
14 ACTING PRESIDENT PERSAUD: Senator
15 Stec.
16 SENATOR STEC: Thank you,
17 Madam President. On the bill.
18 ACTING PRESIDENT PERSAUD: Senator
19 Stec on the bill.
20 SENATOR STEC: Well, I'm familiar
21 with the bill, I've read through it. And I've
22 appreciated listening to the debate that we've
23 had here today and points that a lot of my
24 colleagues have already made.
25 But I go back to one thing. I
4134
1 just -- I think it is absolutely unreasonable for
2 us to expect -- first of all, there's obvious
3 constitutional issues, the Commerce Clause and of
4 course the Second Amendment. But I think it's
5 unreasonable for us to think that we're going to
6 write a law affecting gun manufacturers outside
7 of New York State and making them responsible and
8 liable for the hundreds if not thousands of gun
9 dealers that they sell their firearms to.
10 They're not dealing directly with individuals,
11 they're selling to other businesses who are then
12 selling potentially to other businesses before it
13 finally gets to an individual lawfully.
14 One of my colleagues pointed out
15 that just a few years ago the -- I think it was a
16 federal statistic he quoted, 7 percent of gun
17 crimes are done with legal firearms. So I
18 understand, I believe, you know, that the
19 sponsor's intent here is to capture and somehow
20 bring pressure to not only those 7 percent but
21 the other 93 percent by holding somebody else
22 accountable for those actions.
23 And certainly I think the point's
24 been made -- and I feel this way, and I know all
25 my colleagues feel this way -- that we would love
4135
1 to end the scourge of gun violence in our state
2 and in our country. The vast majority of
3 Americans would like to see less gun violence.
4 The question is how do we get there. I think
5 that's where the fundamental difference of
6 opinion lies.
7 So allow me, if you will,
8 Madam President, to make gun manufacturers liable
9 for the actions of people two or three places
10 removed from them and ultimately somebody doing
11 something illegally is unreasonable. It creates
12 a slippery slope. The question's been raised
13 what about cars, people that are driving drunk on
14 our highways. We're going to hold Ford and GM
15 responsible for the cars that somebody was using
16 illegally?
17 Or the cellphone analogy.
18 Cellphones are -- no question, cellphones are
19 causing deaths on the highway. Are we suing
20 Apple? Are we suing Samsung? Are they liable
21 for this?
22 It becomes a slippery slope. What
23 about alcohol, what about recently legalized
24 marijuana that we can't test for sobriety on our
25 roadways? Are we going to make them responsible?
4136
1 Or are we going to hold people accountable for
2 their own actions?
3 It will invite a lot of frivolous
4 lawsuits. Now, perhaps -- and I'm willing to
5 give the sponsor the benefit of the doubt. But
6 at the end of the day, the sponsor isn't the only
7 person that's going to be utilizing this newly
8 created legal tool in New York State should this
9 become law. There's a lot of others out there
10 that will use this to promote frivolous liability
11 actions in court, they'll cost a lot of money.
12 Maybe some people are willing to pay that price.
13 I understand that argument.
14 But the other thing is -- is that
15 there will be people that will try to use this to
16 drive gun manufacturers out of business. And
17 again, maybe there's some people that are a
18 hundred percent okay with that. But these are
19 the other consequences that a bill like this
20 certainly could pose should it become law.
21 I think the larger issue, though --
22 again, if the goal is to eliminate or reduce gun
23 violence, you've got to look at the whole
24 picture. In the last few years in New York State
25 we have taken -- we, the Legislature and the
4137
1 Governor, some of -- the majorities have taken
2 actions to weaken our criminal justice system.
3 The bail and discovery reforms, decriminalizing a
4 lot of things. Some of them well-intentioned,
5 sure. Again, but a lot of unintended
6 consequences or maybe intended consequences that
7 aren't advertised. But we have created a weaker
8 judicial system, a criminal justice system.
9 We have weakened corrections. We
10 have emptied more than half of our incarcerated
11 populations out. Again, I understand there will
12 be many that will welcome that, this is great
13 news. But the reality is is that 10 years ago
14 there were 40,000 more people locked up in our
15 prisons. Not all of them are good people. There
16 are a lot more people walking around now that had
17 been locked up that, because of actions taken in
18 Albany, are now among us. And many of them are
19 trouble.
20 So we've weakened our correction
21 system. We're talking about eliminating
22 unqualified immunity. We are gutting our police
23 protections with 50-A that was taken away.
24 New York City has eliminated a
25 billion-dollar crime unit. These are cops that
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1 were on the street that are gone now because of
2 defunding the police that has happened in
3 New York City. And then, of course, not to be
4 overlooked, the dangerous anti-police, anti-law
5 enforcement rhetoric from some members of this
6 chamber, our colleagues down the hall and all
7 across the country that have reduced respect for
8 the law, reduced respect for law enforcement, and
9 emboldened bad, dangerous behavior in our
10 criminals.
11 So what have we seen? All this is
12 true, what we've done with the criminal justice
13 system, with the corrections, police liability,
14 defunding the police, our rhetoric. And what
15 have we seen? Crime is spiking. The Governor
16 himself just a few days ago said, with surprise,
17 Crime, crime, crime, that's the big issue in
18 New York City right now. With surprise. It
19 should come as no surprise.
20 So we've got -- violent crime is on
21 the rise. Well, what hasn't changed in the last
22 couple of years? One of the constants, the
23 nonvariables in the equation is our strictest gun
24 laws in the country haven't changed. They
25 haven't gotten weaker, they've been -- they're
4139
1 the constant here. So the other variables are
2 the other things that I just mentioned.
3 But this legislation seems to take
4 the attitude that this is a way to fix the
5 problem. Instead of addressing, well, maybe we
6 went too far on bail and discovery reform. Or
7 maybe, maybe we should be having more people
8 behind bars because they are dangerous and we
9 shouldn't decriminalize everything. And maybe we
10 don't need to defund police, and maybe we should
11 encourage respect for law enforcement among our
12 young people.
13 That the attitude is no, guns are
14 the problem. And it just -- it doesn't make any
15 sense to say that the way to fix the gun violence
16 problem lies predominantly in going after a
17 manufacturer outside the state who's selling his
18 product legally to a dealer who is selling his --
19 that he can't control, but we're dealing with
20 things that are two or three steps removed and
21 you're making somebody else liable for them.
22 It's certainly not fair. But more
23 importantly, I don't think it's a reasonable
24 approach to the solution of gun violence.
25 Now, some people will say, well,
4140
1 it's an approach. It's better than doing
2 nothing. I'm not sure that de-arming the vast
3 majority of us that are law-abiding citizens, in
4 a climate where we're legalizing everything,
5 letting everyone out of prison and disrespecting
6 our law enforcement and defunding our law
7 enforcement -- I'm not sure that sending the
8 signal to the criminal class that in addition to
9 that we're going to make it a lot more difficult
10 for law-abiding citizens to be armed, is a
11 reasonable solution to the gun violence problem.
12 So again, my opinions on the
13 sponsor's motivations and intent here aside, I
14 think that there is a lot of peril in heading in
15 this direction. We've seen it coming for a
16 while. But, you know, to sell this as this is a
17 solution to the current spike in crime is an
18 untruth.
19 And for this and many other reasons,
20 I will be voting against this legislation. I
21 encourage all my colleagues to do the same.
22 Thank you.
23 ACTING PRESIDENT PERSAUD: Thank
24 you, Senator.
25 Are there any other Senators wishing
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1 to be heard?
2 Seeing and hearing none, debate is
3 closed. The Secretary will ring the bell.
4 Read the last section.
5 THE SECRETARY: Section 4. This
6 act shall take effect immediately.
7 ACTING PRESIDENT PERSAUD: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT PERSAUD: Senator
11 Jackson to explain his vote.
12 SENATOR JACKSON: Thank you,
13 Madam President.
14 My colleagues, I rise in support of
15 Senator Myrie's bill S1048A. I am a concerned
16 citizen of this great state, a father, a
17 grandfather, and a neighbor. The growing gun
18 violence in our city concerns all of us, and
19 supporting this bill is an act of conscience and
20 care for our communities and youth.
21 June is Gun Violence Awareness
22 Month. And in fact, Madam President, the Black,
23 Puerto Rican, Hispanic & Asian Caucus of the
24 New York State Legislature had a press conference
25 yesterday about this matter. And let me tell you
4142
1 some of the statistics. Eighty-three percent of
2 New Yorkers support stopping the flow of illegal
3 guns in our state.
4 Gun violence in New York costs over
5 $5.9 billion -- and I'm raising my voice, yes,
6 because that's a lot of money -- $5.9 billion per
7 year, including $321 million in paid taxes.
8 Seventy-four percent of guns in our state come
9 from out of state. We know where they come from:
10 Georgia, North Carolina, Virginia, other places
11 like that. And we demand the gun industry be
12 accountable. One in 40 Black boys will die from
13 gun violence during his lifetime.
14 And where did we get these stats
15 from? They were on billboards at our press
16 conference, supplied by Keeping Our Communities
17 Safe, Holding the Industry Accountable.
18 Our state is awash with legal and
19 illegal guns. Our young people, especially young
20 people of color, suffer the consequences of the
21 violence these guns enable. This situation is
22 unacceptable and must end now. And I raise my
23 voice because it is so important. So many people
24 are dying all over our city, all over our state,
25 all over our country.
4143
1 I say with the passage of this bill
2 we hope to establish, alongside the right to bear
3 firearms, the right of our constituents in this
4 great state to hold firearm industries
5 accountable. I spoke at the press conference, as
6 did Jackie Rowe-Adams. She is a constituent of
7 mine who has lost two boys to gun violence at
8 different times, Madam President. And many
9 members of the group she formed, Harlem Mothers
10 SAVE, a community-based organization whose
11 members are mothers, grandfathers, grandmothers,
12 sisters and cousins whose family members have
13 been killed through gun violence. And her saying
14 is "Every gun off our streets saves a life."
15 Sandy Hook, Connecticut. I don't
16 need to tell you about that, but if you want to
17 remember, 40 students were killed and six adults
18 perished in a horrible, brutal act of violence.
19 The U.S. Supreme Court has allowed families of
20 Sandy Hook victims to sue gun manufacturers and
21 distributors of the guns used at Sandy Hook.
22 Madam President, my colleagues, I
23 say to you I rise to support this bill. I thank
24 our Senator Myrie, our colleague, for his
25 leadership on this bill, and to all my follow
4144
1 colleagues who join in cosponsoring.
2 I vote aye in support of this
3 legislation and to save lives, Madam President.
4 Thank you.
5 ACTING PRESIDENT PERSAUD: Senator
6 Jackson to be recorded in the affirmative.
7 Senator Oberacker to explain his
8 vote.
9 SENATOR OBERACKER: Thank you,
10 Madam President.
11 You know, this legislation is
12 continuing to take New York State in the wrong
13 direction. I want to say that again. This
14 legislation is continuing to take New York State
15 in the wrong direction.
16 And this really comes down to just
17 three simple points: Personal accountability,
18 manufacturing jobs, and the Second Amendment.
19 And all are being diminished today thanks to this
20 bill.
21 Let's start with personal
22 accountability. If signed into law, individuals
23 will no longer be responsible for their own bad
24 acts. It is part of an ongoing trend telling
25 criminals, Don't worry, it's not your fault.
4145
1 Blame someone or something else. Today it's
2 firearms. But what's next? If someone causes an
3 accident texting while driving, are we suing
4 Apple? Are we suing Chevrolet? No.
5 You know, as a product developer in
6 the food industry I am required at times to put
7 warning labels on products that I manufacture and
8 produce. And I say that I would like to give you
9 three examples of some warning labels that are in
10 actual use. One you will find on a wheelbarrow.
11 It says "Not intended for highway use." A baby
12 stroller: "Remove child before folding." Dog
13 medication: "May cause drowsiness. Use care
14 when operating a car."
15 These are actual warning labels in
16 use today, and I can tell you unequivocally they
17 work. I have not seen a dog operating a motor
18 vehicle. So it could be just as easy and as
19 simple as putting a warning label on every
20 manufactured product on the correct use, and we
21 would not have to have such a long and strenuous
22 debate.
23 Manufacturing jobs. This bill will
24 cost jobs in my district and across New York
25 State, plain and simple. Herkimer County, in the
4146
1 Mohawk Valley, has a rich manufacturing history
2 that includes Remington Arms, one of the oldest
3 and most respected firearm manufacturers in the
4 nation. And they have anchored, they have
5 anchored the Mohawk Valley for over 200 years.
6 You know, I'm proud, I am a proud
7 owner of Remington products. My first was a
8 Model 10 .22 that was given to me by my
9 grandfather at age 8, taught the correct way to
10 handle firearm, the correct way to use a firearm.
11 My second was an 1100 LT 20-gauge shotgun, which
12 I am proud to say I was able to harvest my first
13 deer with a long time ago. And then my last is a
14 Model 700 .30-06 mountain rifle. Some of the
15 finest firearms made in the U.S. today.
16 The company has weathered a number
17 of storms, including the SAFE Act -- another bad
18 policy that condemns law-abiding firearm owners.
19 Now, after changing ownership, Remington is
20 bringing back employees to work, for the moment.
21 You know, I spoke with the CEO at
22 Remington about this legislation, and there is a
23 great deal of concern. Misguided laws like this
24 could spell the end for Remington and every gun
25 manufacturer who does business here in New York
4147
1 State, a strategy I suspect is partially behind a
2 bill like this.
3 How is a manufacturer supposed to
4 ensure that their legally produced product isn't
5 being used illegally? You know, just the other
6 day we passed a bill that would require people to
7 be 21 years of age to purchase whipped cream
8 canister chargers. Why bother? Why didn't we
9 just pass a bill holding the manufacturers of
10 this whipped cream canister -- why didn't we hold
11 them liable for the product if it's misused?
12 Finally, and most importantly, our
13 Second Amendment rights. Once again the right --
14 the rights of law-abiding citizens are at risk.
15 This bill does nothing, does nothing to stop
16 illegal gun trade or hold criminals responsible.
17 The legislation is unrealistic and will do
18 nothing to reduce gun violence.
19 Second Amendment rights, personal
20 accountability and manufacturing jobs. And you
21 can add those to the scrap heap here in New York
22 State if we continue to push through severely
23 flawed policies like this.
24 Madam President, I will be voting in
25 the negative and I urge everyone else to do the
4148
1 same. Thank you.
2 ACTING PRESIDENT PERSAUD: Senator
3 Oberacker to be recorded in the negative.
4 Senator May to explain her vote.
5 SENATOR MAY: Thank you,
6 Madam President.
7 Dior Harris was 11 months old in
8 April. She was riding in the back seat of a car
9 when a gunman opened fire, hit her twice and
10 killed her and injured her two young cousins who
11 were riding next to her.
12 If that gunman had been wielding a
13 knife instead of a gun, this tragedy would have
14 looked very different. And it really takes a gun
15 to perpetrate that kind of casual, effortless
16 violence.
17 One of the charges against the
18 suspected killer is criminal possession of a
19 firearm. We already have laws against
20 trafficking firearms, selling guns on the black
21 market, carrying concealed weapons without a
22 permit. But we can't hope to stop the influx of
23 these deadly illegal weapons unless we can take
24 away the financial incentive for gun
25 manufacturers and gun sellers who are
4149
1 irresponsible to participate in the mass
2 trafficking of firearms that is currently so
3 common in this state and around the country.
4 I've been in the Senate for three
5 years now. Each year I recruit young people to
6 my Youth Advisory Board, and they develop public
7 engagement projects. For two of the three years
8 that I have done this, they have chosen gun
9 violence as the topic they are most keenly
10 focused on, the most important thing in their
11 lives.
12 The trauma that our children carry
13 around with them is very real, and it affects
14 every aspect of their lives. If this legislation
15 we are passing today can stem the flow of illegal
16 guns into our communities, maybe it can also help
17 our children have the childhoods they deserve.
18 I am deeply grateful to
19 Senator Myrie and my colleagues and the
20 leadership for bringing this legislation forward,
21 and I vote aye.
22 ACTING PRESIDENT PERSAUD: Senator
23 May to be recorded in the affirmative.
24 Senator Liu to explain his vote.
25 SENATOR LIU: Thank you,
4150
1 Madam President, for the opportunity to speak on
2 this bill.
3 I fully support this bill. I think
4 that we have passed many laws in this state --
5 I'd like to see them passed at the national
6 level, but we certainly have taken the initiative
7 in the State of New York to keep the guns out of
8 the hands of people who shouldn't have them, to
9 ensure that if and when they are possessed that
10 they are used in the right way, and to have
11 strong penalties against people who use guns in
12 the wrong way -- specifically, to kill people.
13 And people die almost every day. We
14 see alarming mass shootings all around the
15 country, including here in New York. We see many
16 other people being shot dead by guns where the
17 incidents are not nearly as publicized or
18 sensationalized. But people are dying. And
19 they're dying because of the proliferation of
20 guns in our community. As has been said, some
21 legal but many illegal.
22 And as we have sought to strengthen
23 the laws about who can get access to guns, we
24 also need to start closing down this
25 Iron Pipeline that's been directing guns directly
4151
1 into New York State even with our strong laws in
2 place.
3 I think Senator Myrie's legislation
4 here is groundbreaking. It really begins to put
5 the onus at the beginning of that Iron Pipeline,
6 the manufacturers of guns and ammo. They are
7 profiting. No matter how legal or illegal the
8 gun trade is, these manufacturers profit. What
9 we seek to do is to impose some accountability,
10 hold these manufacturers responsible for flooding
11 our state and country with these firearms,
12 putting them in the hands of people who should
13 not have them.
14 This groundbreaking legislation I
15 hope will pass. But beyond that, I hope that the
16 rest of the country, other states and, hopefully
17 someday soon, the federal government will use
18 this model of legislation so that we can start
19 curbing the entry of the supply into the Iron
20 Pipeline.
21 Thank you, Madam President. I vote
22 yes.
23 ACTING PRESIDENT PERSAUD: Senator
24 Liu to be recorded in the affirmative.
25 Senator Myrie to explain his vote.
4152
1 SENATOR MYRIE: Thank you,
2 Madam President.
3 And let me thank our Majority
4 Leader, Senator Andrea Stewart-Cousins, and
5 Shontell Smith and counsel Elizabeth Nowicki, my
6 staff, to the many impacted individuals who we
7 carry with us into this chamber. I'd like to
8 thank my colleagues. And I'd like to thank my
9 colleagues on the other side as well, Senator
10 Lanza and Senator Palumbo. We disagree on this
11 legislation, obviously, but I don't think we were
12 disagreeable in our exchange today, and I
13 appreciate the civility.
14 You know, I had a big speech
15 planned, had a lot I wanted to say. I'm tired,
16 Madam President. I'm tired of going to funerals.
17 I'm tired of seeing candles on the block. I'm
18 tired of having to hold a grieving mother. I'm
19 tired of having to look into the eyes of a
20 teenager who's paralyzed because of a gunshot.
21 We're tired.
22 And this state cannot stand idly by
23 while guns traffic in and out and kill our
24 children. (Weeping.) Enough is enough. We have
25 to stand up. The money is not more important
4153
1 than our people's lives.
2 So today we say enough is enough.
3 If you are a bad actor, if you are irresponsible,
4 your day will come. We deserve better in this
5 state, and we will lead the way.
6 So I proudly vote in the
7 affirmative, and I urge all of my colleagues to
8 do the same.
9 Thank you, Madam President.
10 ACTING PRESIDENT PERSAUD: Senator
11 Myrie to be recorded in the affirmative.
12 Announce the results.
13 THE SECRETARY: In relation to
14 Calendar 1076, 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, Ritchie, Serino, Stec, Tedisco and
19 Weik.
20 Ayes, 43. Nays, 20.
21 ACTING PRESIDENT PERSAUD: The bill
22 is passed.
23 Senator Liu, that completes the
24 reading of the controversial calendar.
25 SENATOR LIU: Madam President, can
4154
1 we return to motions and resolutions.
2 ACTING PRESIDENT PERSAUD: Motions
3 and resolutions.
4 SENATOR LIU: Madam President, on
5 page number 28 I offer the following amendments
6 to Calendar 951, Senate Print Number 5953, by
7 Senator Reichlin-Melnick, and ask that said bill
8 retain its place on the Third Reading Calendar.
9 ACTING PRESIDENT PERSAUD: The
10 amendments are received, and the bill shall
11 retain its place on the Third Reading Calendar.
12 SENATOR LIU: Madam President, on
13 page 42 I offer the following amendments to
14 Calendar Number 1183, Senate Print Number 1110A,
15 by yours truly, and ask that said bill retain its
16 place on Third Reading Calendar.
17 ACTING PRESIDENT PERSAUD: The
18 amendments are received, and the bill shall
19 retain its place on the Third Reading Calendar.
20 SENATOR LIU: Can you please call
21 on Senator Lanza.
22 ACTING PRESIDENT PERSAUD: Senator
23 Lanza.
24 SENATOR LANZA: Thank you.
25 Madam President, on behalf of
4155
1 Senator Oberacker, on page 48 I offer the
2 following amendments to Calendar 1264, Senate
3 Print 396A, and ask that said bill retain its
4 place on Third Reading Calendar.
5 ACTING PRESIDENT PERSAUD: The
6 amendments are received, and the bill shall
7 retain its place on the Third Reading Calendar.
8 Senator Liu.
9 SENATOR LIU: Madam President, is
10 there any further business at the desk?
11 ACTING PRESIDENT PERSAUD: There is
12 no further business at the desk.
13 SENATOR LIU: I then move to
14 adjourn until Thursday, June 3rd, at
15 11:00 a.m.
16 ACTING PRESIDENT PERSAUD: On
17 motion, the Senate stands adjourned until
18 Thursday, June 3rd, at 11:00 a.m.
19 (Whereupon, at 7:21 p.m., the Senate
20 adjourned.)
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