4156
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 June 3, 2021
11 12:14 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR SHELLEY B. MAYER, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
20
21
22
23
24
25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT MAYER: The Senate
3 will come to order.
4 I ask everyone present to please
5 rise and recite the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT MAYER: In the
9 absence of clergy, let us bow our heads in a
10 moment of silent reflection or prayer.
11 (Whereupon, the assemblage respected
12 a moment of silence.)
13 ACTING PRESIDENT MAYER: Reading of
14 the Journal.
15 THE SECRETARY: In Senate,
16 Wednesday, June 2, 2021, the Senate met pursuant
17 to adjournment. The Journal of Tuesday, June 1,
18 2021, was read and approved. On motion, Senate
19 adjourned.
20 ACTING PRESIDENT MAYER: Without
21 objection, the Journal stands approved as read.
22 Presentation of petitions.
23 Messages from the Assembly.
24 The Secretary will read.
25 THE SECRETARY: Senator Persaud
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1 moves to discharge, from the Committee on
2 Alcoholism and Substance Abuse, Assembly Bill
3 Number 5527A and substitute it for the identical
4 Senate Bill 361A, Third Reading Calendar 89.
5 ACTING PRESIDENT MAYER: The
6 substitution is so ordered.
7 THE SECRETARY: Senator Kaplan
8 moves to discharge, from the Committee on Rules,
9 Assembly Bill Number 3412A and substitute it for
10 the identical Senate Bill 343A, Third Reading
11 Calendar 99.
12 ACTING PRESIDENT MAYER: The
13 substitution is so ordered.
14 THE SECRETARY: Senator Gaughran
15 moves to discharge, from the Committee on Rules,
16 Assembly Bill Number 894C and substitute it for
17 the identical Senate Bill 5715A, Third Reading
18 Calendar 757.
19 ACTING PRESIDENT MAYER: The
20 substitution is so ordered.
21 THE SECRETARY: Senator Gaughran
22 moves to discharge, from the Committee on Rules,
23 Assembly Bill Number 1324A and substitute it for
24 the identical Senate Bill 1318A, Third Reading
25 Calendar 898.
4159
1 ACTING PRESIDENT MAYER: The
2 substitution is so ordered.
3 THE SECRETARY: Senator Harckham
4 moves to discharge, from the Committee on
5 Finance, Assembly Bill Number 336A and substitute
6 it for the identical Senate Bill 2966A, Third
7 Reading Calendar 904.
8 ACTING PRESIDENT MAYER: The
9 substitution is so ordered.
10 THE SECRETARY: Senator Kaminsky
11 moves to discharge, from the Committee on Rules,
12 Assembly Bill Number 6360B and substitute it for
13 the identical Senate Bill 5562A, Third Reading
14 Calendar 1020.
15 ACTING PRESIDENT MAYER: The
16 substitution is so ordered.
17 THE SECRETARY: Senator Kaminsky
18 moves to discharge, from the Committee on
19 Transportation, Assembly Bill Number 6356B and
20 substitute it for the identical Senate Bill
21 5563B, Third Reading Calendar 1021.
22 ACTING PRESIDENT MAYER: The
23 substitution is so ordered.
24 THE SECRETARY: Senator Martucci
25 moves to discharge, from the Committee on
4160
1 Finance, Assembly Bill Number 6289 and substitute
2 it for the identical Senate Bill 5627,
3 Third Reading Calendar 1022.
4 ACTING PRESIDENT MAYER: The
5 substitution is so ordered.
6 THE SECRETARY: Senator Gaughran
7 moves to discharge, from the Committee on Rules,
8 Assembly Bill Number 2388B and substitute it for
9 the identical Senate Bill 1016B, Third Reading
10 Calendar 1033.
11 ACTING PRESIDENT MAYER: The
12 substitution is so ordered.
13 THE SECRETARY: Senator Ryan moves
14 to discharge, from the Committee on
15 Investigations and Government Operations,
16 Assembly Bill Number 5374 and substitute it for
17 the identical Senate Bill 5132, Third Reading
18 Calendar 1141.
19 ACTING PRESIDENT MAYER: The
20 substitution is so ordered.
21 THE SECRETARY: Senator Breslin
22 moves to discharge, from the Committee on Rules,
23 Assembly Bill Number 7701 and substitute it for
24 the identical Senate Bill 5668A, Third Reading
25 Calendar 1162.
4161
1 ACTING PRESIDENT MAYER: The
2 substitution is so ordered.
3 THE SECRETARY: Senator Hinchey
4 moves to discharge, from the Committee on Rules,
5 Assembly Bill Number 7417A and substitute it for
6 the identical Senate Bill 6332A, Third Reading
7 Calendar 1245.
8 ACTING PRESIDENT MAYER: The
9 substitution is so ordered.
10 THE SECRETARY: Senator Brooks
11 moves to discharge, from the Committee on Rules,
12 Assembly Bill Number 1414A and substitute it for
13 the identical Senate Bill 4719A, Third Reading
14 Calendar 1248.
15 ACTING PRESIDENT MAYER: The
16 substitution is so ordered.
17 THE SECRETARY: Senator Kennedy
18 moves to discharge, from the Committee on
19 Veterans, Homeland Security and Military Affairs,
20 Assembly Bill Number 2203 and substitute it for
21 the identical Senate Bill 4971, Third Reading
22 Calendar 1249.
23 ACTING PRESIDENT MAYER: The
24 substitution is so ordered.
25 THE SECRETARY: Senator Addabbo
4162
1 moves to discharge, from the Committee on Rules,
2 Assembly Bill Number 453 and substitute it for
3 the identical Senate Bill 2205, Third Reading
4 Calendar 1271.
5 ACTING PRESIDENT MAYER: The
6 substitution is so ordered.
7 THE SECRETARY: Senator Harckham
8 moves to discharge, from the Committee on
9 Finance, Assembly Bill Number 2030 and substitute
10 it for the identical Senate Bill 649A, Third
11 Reading Calendar 1294.
12 ACTING PRESIDENT MAYER:
13 Substitution so ordered.
14 THE SECRETARY: Senator Ramos moves
15 to discharge, from the Committee on Labor,
16 Assembly Bill Number 386 and substitute it for
17 the identical Senate Bill 829, Third Reading
18 Calendar 1367.
19 ACTING PRESIDENT MAYER:
20 Substitution so ordered.
21 THE SECRETARY: Senator Hinchey
22 moves to discharge, from the Committee on
23 Finance, Assembly Bill Number 5386A and
24 substitute it for the identical Senate Bill
25 4722A, Third Reading Calendar 1382.
4163
1 ACTING PRESIDENT MAYER:
2 Substitution so ordered.
3 THE SECRETARY: Senator Bailey
4 moves to discharge, from the Committee on Rules,
5 Assembly Bill Number 7207A and substitute it for
6 the identical Senate Bill 5083A, Third Reading
7 Calendar 1386.
8 ACTING PRESIDENT MAYER:
9 Substitution so ordered.
10 THE SECRETARY: Senator Skoufis
11 moves to discharge, from the Committee on Labor,
12 Assembly Bill Number 359A and substitute it for
13 the identical Senate Bill 6628A, Third Reading
14 Calendar 1401.
15 ACTING PRESIDENT MAYER:
16 Substitution so ordered.
17 THE SECRETARY: Senator
18 Reichlin-Melnick moves to discharge, from the
19 Committee on Rules, Assembly Bill Number 7327 and
20 substitute it for the identical Senate Bill 6998,
21 Third Reading Calendar 1414.
22 ACTING PRESIDENT MAYER:
23 Substitution so ordered.
24 THE SECRETARY: Senator Cooney
25 moves to discharge, from the Committee on
4164
1 Environmental Conservation, Assembly Bill Number
2 7397 and substitute it for the identical Senate
3 Bill 7056, Third Reading Calendar 1421.
4 ACTING PRESIDENT MAYER:
5 Substitution so ordered.
6 THE SECRETARY: Senator Harckham
7 moves to discharge, from the Committee on Rules,
8 Assembly Bill Number 7179 and substitute it for
9 the identical Senate Bill 7057, Third Reading
10 Calendar 1422.
11 ACTING PRESIDENT MAYER:
12 Substitution so ordered.
13 THE SECRETARY: Senator Thomas
14 moves to discharge, from the Committee on
15 Environmental Conservation, Assembly Bill Number
16 7392 and substitute it for the identical Senate
17 Bill 7058, Third Reading Calendar 1423.
18 ACTING PRESIDENT MAYER: The
19 substitution is so ordered.
20 THE SECRETARY: Senator Hoylman
21 moves to discharge, from the Committee on
22 Investigations and Government Operations,
23 Assembly Bill Number 3112B and substitute it for
24 the identical Senate Bill 427A, Third Reading
25 Calendar 1431.
4165
1 ACTING PRESIDENT MAYER:
2 Substitution so ordered.
3 THE SECRETARY: Senator Brooks
4 moves to discharge, from the Committee on
5 Cultural Affairs, Tourism, Parks and Recreation,
6 Assembly Bill Number 5565 and substitute it for
7 the identical Senate Bill 1270, Third Reading
8 Calendar 1436.
9 ACTING PRESIDENT MAYER:
10 Substitution so ordered.
11 THE SECRETARY: Senator Bailey
12 moves to discharge, from the Committee on
13 Finance, Assembly Bill Number 5689 and substitute
14 it for the identical Senate Bill 1279, Third
15 Reading Calendar 1437.
16 ACTING PRESIDENT MAYER:
17 Substitution so ordered.
18 THE SECRETARY: Senator Comrie
19 moves to discharge, from the Committee on
20 Consumer Protection, Assembly Bill Number 6040
21 and substitute it for the identical Senate Bill
22 3941, Third Reading Calendar 1442.
23 ACTING PRESIDENT MAYER:
24 Substitution so ordered.
25 THE SECRETARY: Senator Parker
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1 moves to discharge, from the Committee on
2 Children and Families, Assembly Bill Number 2113
3 and substitute it for the identical Senate Bill
4 4407, Third Reading Calendar 1444.
5 ACTING PRESIDENT MAYER:
6 Substitution so ordered.
7 THE SECRETARY: Senator Skoufis
8 moves to discharge, from the Committee on
9 Education, Assembly Bill Number 6528A and
10 substitute it for the identical Senate Bill
11 5743A, Third Reading Calendar 1454.
12 ACTING PRESIDENT MAYER:
13 Substitution so ordered.
14 THE SECRETARY: Senator Hinchey
15 moves to discharge, from the Committee on Rules,
16 Assembly Bill Number 7403A and substitute it for
17 the identical Senate Bill 6330A, Third Reading
18 Calendar 1458.
19 ACTING PRESIDENT MAYER:
20 Substitution so ordered.
21 THE SECRETARY: Senator Sanders
22 moves to discharge, from the Committee on Rules,
23 Assembly Bill Number 6429B and substitute it for
24 the identical Senate Bill 5606B, Third Reading
25 Calendar 1452.
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1 ACTING PRESIDENT MAYER:
2 Substitution so ordered.
3 THE SECRETARY: And Senator O'Mara
4 moves to discharge, from the Committee on Rules,
5 Assembly Bill Number 4877 and substitute it for
6 the identical Senate Bill 6671, Third Reading
7 Calendar 1301.
8 ACTING PRESIDENT MAYER:
9 Substitution so ordered.
10 Messages from the Governor.
11 Reports of standing committees.
12 Reports of select committees.
13 Communications and reports from
14 state officers.
15 Motions and resolutions.
16 Senator Gianaris.
17 SENATOR GIANARIS: Thank you,
18 Madam President.
19 Amendments are offered to the
20 following Third Reading Calendar bills:
21 Senator Comrie, page 14, Calendar
22 549, Senate Print 3799;
23 Senator Kaminsky, page 29, Calendar
24 984, Senate Print 6532;
25 Senator Kavanagh, page 38, Calendar
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1 1151, Senate Print 3121B;
2 Senator Gaughran, page 51, Calendar
3 1440, Senate Print 3437B;
4 Senator Kaminsky, page 39, Calendar
5 1179, Senate Print 6455B;
6 Senator Savino, page 53, Calendar
7 1460, Senate Print 6373A;
8 And Senator Thomas, page 30,
9 Calendar Number 1003, Senate Print 5724.
10 ACTING PRESIDENT MAYER: The
11 amendments are received, and the bills shall
12 retain their place on the Third Reading Calendar.
13 Senator Gianaris.
14 SENATOR GIANARIS: I also wish to
15 call up the following bills, which were recalled
16 from the Assembly and are now at the desk:
17 Senate Bills 2986, 5785, and 1184.
18 ACTING PRESIDENT MAYER: The
19 Secretary will read.
20 THE SECRETARY: Calendar Number 65,
21 Senate Print 1184, by Senator Gianaris, an act to
22 amend the Criminal Procedure Law and the Civil
23 Practice Law and Rules.
24 Calendar Number 514, Senate Print
25 2986, by Senator Brouk, an act to amend the
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1 Penal Law.
2 Calendar Number 919, Senate Print
3 5785, by Senator Comrie, an act to amend the
4 Real Property Actions and Proceedings Law.
5 SENATOR GIANARIS: Move to
6 reconsider the vote by which these bills were
7 passed.
8 ACTING PRESIDENT MAYER: The
9 Secretary will call the roll on reconsideration.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 57.
12 ACTING PRESIDENT MAYER: The bills
13 are restored to their place on the Third Reading
14 Calendar.
15 SENATOR GIANARIS: I offer the
16 following amendments.
17 ACTING PRESIDENT MAYER: The
18 amendments are received.
19 SENATOR GIANARIS: Please recognize
20 Senator Lanza.
21 ACTING PRESIDENT MAYER: Senator
22 Lanza.
23 SENATOR LANZA: Thank you,
24 Madam President.
25 On behalf of Senator Martucci, on
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1 page 53 I offer the following amendments to
2 Calendar Number 1465, Senate Print Number 6772,
3 and ask that said bill retain its place on
4 Third Reading Calendar.
5 ACTING PRESIDENT MAYER: The
6 amendments are received, and the bill shall
7 retain its place on the Third Reading Calendar.
8 Senator Gianaris.
9 SENATOR GIANARIS: There will be an
10 immediate meeting of the Rules Committee in
11 Room 332.
12 ACTING PRESIDENT MAYER: There will
13 be an immediate meeting of the Rules Committee in
14 Room 332.
15 SENATOR GIANARIS: The Senate
16 stands at ease.
17 ACTING PRESIDENT MAYER: The Senate
18 will stand at ease.
19 (Whereupon, the Senate stood at ease
20 at 12:23 p.m.)
21 (Whereupon, the Senate reconvened at
22 12:33 p.m.)
23 ACTING PRESIDENT MAYER: The Senate
24 will return to order.
25 Senator Gianaris.
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1 SENATOR GIANARIS: Madam President,
2 please take up the report of the Rules Committee
3 which is at the desk.
4 ACTING PRESIDENT MAYER: The
5 Secretary will read.
6 THE SECRETARY: Senator
7 Stewart-Cousins, from the Committee on Rules,
8 reports the following bills:
9 Senate Print 311, by Senator Liu, an
10 act to amend Chapter 802 of the Laws of 1947;
11 Senate Print 483A, by Senator Myrie,
12 an act to amend the Election Law;
13 Senate Print 933A, by
14 Senator Gianaris, an act to amend the
15 General Business Law;
16 Senate Print 951, by
17 Senator Gaughran, an act to amend the
18 Navigation Law;
19 Senate Print 966A, by
20 Senator Gaughran, an act to direct the
21 Department of Health and other state departments
22 and agencies to conduct a study on the quality of
23 life and human health impacts;
24 Senate Print 1085, by Senator
25 Gaughran, an act to amend the Public Service Law;
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1 Senate Print 2523, by
2 Senator Rivera, an act to amend the Penal Law;
3 Senate Print 3434, by
4 Senator Comrie, an act to amend the
5 Public Authorities Law;
6 Senate Print 3587B, by
7 Senator Comrie, an act to amend the
8 Public Authorities Law;
9 Senate Print 4051A, by
10 Senator Bailey, an act to amend the
11 Family Court Act;
12 Senate Print 4981, by Senator Lanza,
13 an act directing the Port Authority of New York
14 to study the alignment of the Outerbridge
15 Crossing;
16 Senate Print 5027A, by
17 Senator Kavanagh, an act to amend the
18 Environmental Conservation Law and the
19 State Finance Law;
20 Senate Print 5236, by
21 Senator Kennedy, an act to amend the
22 Executive Law;
23 Senate Print 5300, by
24 Senator Serino, an act to amend the
25 General City Law;
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1 Senate Print 5363, by
2 Senator Oberacker, an act to amend the State Law;
3 Senate Print 5406, by Senator
4 Reichlin-Melnick, an act in relation to
5 authorizing Harvey Eilbaum to file a request for
6 change of beneficiary with the New York State and
7 Local Employees' Retirement System;
8 Senate Print 6086, by Senator
9 Comrie, an act to extend the deadline for the
10 filing of applications and renewal applications;
11 Senate Print 6223, by
12 Senator Reichlin-Melnick, an act in relation to
13 authorizing Thomas Collins to file a request for
14 change of benefit coverage with the New York
15 State Teachers' Retirement System;
16 Senate Print 6224, by
17 Senator Reichlin-Melnick, an act to authorize
18 Jodi Manne to receive a refund from the New York
19 State Teachers' Retirement System;
20 Senate Print 6331, by
21 Senator Palumbo, an act to amend Chapter 1001 of
22 the Laws of 1966;
23 Senate Print 6350A, by
24 Senator Benjamin, an act to amend the
25 Real Property Tax Law;
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1 Senate Print 6421, by
2 Senator Hinchey, an act to amend the
3 Environmental Conservation Law;
4 Senate Print 6517, by
5 Senator Stavisky, an act to amend the
6 Education Law;
7 Senate Print 6531, by
8 Senator Stewart-Cousins, an act to amend
9 Chapter 62 of the Laws of 2015;
10 Senate Print 6745, by Senator May,
11 an act to amend Chapter 109 of the Laws of 2020;
12 Senate Print 6758, by
13 Senator Griffo, an act to establish an energy
14 system tax stabilization reserve fund;
15 Senate Print 6828A, by
16 Senator Mayer, an act to amend the Labor Law;
17 Senate Print 6871, by
18 Senator Harckham, an act to amend the Tax Law and
19 the State Finance Law;
20 Senate Print 6903, by
21 Senator Kavanagh, an act to amend the
22 Real Property Tax Law;
23 Senate Print 6963, by
24 Senator Mannion, an act to repeal Sections 3, 4,
25 5 and 6 of Chapter 160 of the Laws of 2013;
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1 Senate Print 7018A, by
2 Senator Hinchey, an act authorizing the City of
3 Schenectady to alienate certain parcels of land;
4 Senate Print 7071, by
5 Senator Hinchey, an act to amend the
6 Environmental Conservation Law and the
7 Economic Development Law;
8 Senate Print 7107, by
9 Senator Mannion, an act to amend the
10 Mental Hygiene Law;
11 Senate Print 7108, by
12 Senator Mannion, an act to amend the
13 Executive Law;
14 Senate Print 7111, by
15 Senator Hinchey, an act to amend the Agriculture
16 and Markets Law and the Real Property Tax Law;
17 Senate Print 7114, by
18 Senator Harckham, an act to amend the
19 Highway Law;
20 Senate Print 7116, by Senator Ryan,
21 an act to incorporate the Kenilworth Volunteer
22 Fire Company Benevolent Association;
23 Senate Print 7119, by
24 Senator Palumbo, an act to amend Chapter 387 of
25 the Laws of 2013;
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1 Senate Print 7126, by
2 Senator Stavisky, an act to amend Chapter 381 of
3 the Laws of 2012;
4 Senate Print 7128, by
5 Senator Brisport, an act to amend the
6 Social Services Law;
7 Senate Print 7148, by Senator Ramos,
8 an act to amend the Labor Law.
9 All bills reported direct to third
10 reading.
11 SENATOR GIANARIS: Move to accept
12 the report of the Rules Committee.
13 ACTING PRESIDENT MAYER: All those
14 in favor of accepting the report of the
15 Rules Committee signify by saying aye.
16 (Response of "Aye.")
17 ACTING PRESIDENT MAYER: Opposed,
18 nay.
19 (No response.)
20 ACTING PRESIDENT MAYER: The
21 Rules Committee report is accepted.
22 Senator Gianaris.
23 SENATOR GIANARIS: Madam President,
24 we're going to go to the calendar, but we're
25 going to go a little bit out of order today.
4177
1 So we're going to start, on the
2 noncontroversial calendar, with Calendar Number
3 1323, please.
4 ACTING PRESIDENT MAYER: Without
5 objection, so ordered.
6 The Secretary will read.
7 THE SECRETARY: Calendar Number
8 1323, Senate Print 1126A, by Senator Gianaris, an
9 act to amend the Election Law.
10 SENATOR LANZA: Lay it aside.
11 ACTING PRESIDENT MAYER: The bill
12 is laid aside.
13 SENATOR GIANARIS: Madam President,
14 we're going to suspend the reading of the
15 noncontroversial calendar and take up
16 Calendar 1323 on the controversial calendar.
17 ACTING PRESIDENT MAYER: Without
18 objection, so ordered.
19 The Secretary will ring the bell.
20 The Secretary will read.
21 THE SECRETARY: Calendar Number
22 1323, Senate Print 1126A, by Senator Gianaris, an
23 act to amend the Election Law.
24 ACTING PRESIDENT MAYER: Senator
25 Borrello.
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1 SENATOR BORRELLO: Yes, thank you,
2 Madam President. Would the sponsor yield for a
3 question?
4 ACTING PRESIDENT MAYER: Senator
5 Gianaris, do you yield?
6 SENATOR GIANARIS: Yes, I do.
7 ACTING PRESIDENT MAYER: The
8 Senator yields.
9 SENATOR BORRELLO: Thank you,
10 Senator Gianaris.
11 Let me start off by saying that I'm
12 actually in favor of this bill and I'll be
13 supporting it. But I do have some concerns about
14 how we're going to determine this.
15 First of all, 1 percent of a company
16 is relatively small in the scheme of things. But
17 my concern is, how are you going to determine
18 1 percent ownership by a foreign entity?
19 SENATOR GIANARIS: First of all, I
20 would say whether it's small or not, it depends
21 on the size of the company. One percent of some
22 of our larger companies is a very large amount.
23 And the process would be
24 self-certifying. So if an entity is desirous of
25 making a contribution and believe they qualify,
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1 they would certify that they do not have an
2 individual with -- above the threshold that's
3 permitted in terms of foreign ownership.
4 SENATOR BORRELLO: Thank you.
5 Madam President, through you, will the sponsor
6 continue to yield.
7 ACTING PRESIDENT MAYER: Senator
8 Gianaris, do you continue to yield?
9 SENATOR GIANARIS: Yes.
10 ACTING PRESIDENT MAYER: The
11 Senator yields.
12 SENATOR BORRELLO: So it's a
13 self-attestation. So someone just has to say
14 that we don't indeed have any foreign ownership.
15 So how is that going to be followed
16 up on? In other words, who's going to be
17 checking that? You know, there's a pretty hefty
18 fine and a criminal penalty here. So who's going
19 to be confirming that and under what
20 circumstances will they be confirming it?
21 SENATOR GIANARIS: The enforcement
22 is going to be in the hands of the enforcement
23 counsel at the State Board of Elections. The way
24 that much enforcement of existing contribution
25 limits are handled.
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1 SENATOR BORRELLO: Madam President,
2 will the sponsor continue to yield.
3 ACTING PRESIDENT MAYER: Senator,
4 do you continue to yield?
5 SENATOR GIANARIS: Yes.
6 ACTING PRESIDENT MAYER: The
7 sponsor yields.
8 SENATOR BORRELLO: Thank you.
9 So in the language of the bill, it
10 speaks to unions being excluded. But if you have
11 a union who has foreign nationals working for
12 them and those foreign nationals comprise more
13 than 1 percent of the union dues, why would they
14 be excluded from this law?
15 SENATOR GIANARIS: Will you refer
16 me to the part of the bill you're talking about,
17 Senator?
18 SENATOR BORRELLO: Ben, do you
19 happen to have that?
20 SENATOR GIANARIS: I don't believe
21 that the bill specifically excludes labor
22 organizations.
23 SENATOR BORRELLO: May I clarify?
24 SENATOR GIANARIS: Yes.
25 SENATOR BORRELLO: Yeah. So the
4181
1 interpretation of the fact that it only includes
2 business entities would by nature exclude a
3 union.
4 SENATOR GIANARIS: Oh, I see what
5 you're saying. What the bill covers.
6 SENATOR BORRELLO: Yes, I'm sorry,
7 I should have asked it that way.
8 SENATOR GIANARIS: Yes. And your
9 question was why is that the case?
10 SENATOR BORRELLO: Yes.
11 SENATOR GIANARIS: Well, this is
12 something that is part of a discussion that's
13 going on nationally. There have been
14 Supreme Court decisions that have made it clear
15 that foreign nationals are not permitted to make
16 donations to campaigns.
17 However, a lot of corporations
18 specifically have foreign ownership. And if
19 we're not going to allow individuals to
20 participate in that way because they are foreign,
21 the argument is we should not allow corporations,
22 which have been deemed by the Supreme Court to be
23 functionally persons, as we all know --
24 unfortunately, that's the case. So they should
25 be treated the same way.
4182
1 SENATOR BORRELLO: Madam President,
2 will the sponsor continue to yield.
3 ACTING PRESIDENT MAYER: Senator
4 Gianaris, do you continue to yield?
5 SENATOR GIANARIS: Yes.
6 ACTING PRESIDENT MAYER: The
7 sponsor yields.
8 SENATOR BORRELLO: Yes, thank you
9 very much.
10 So if, say, a parent company of a
11 corporation is foreign-owned, how would that be
12 impacted in this law?
13 SENATOR GIANARIS: One second.
14 SENATOR BORRELLO: Sure.
15 SENATOR GIANARIS: Just to clarify,
16 Senator Borrello, your question is if a parent
17 company has foreign ownership but the subsidiary
18 does not, is that --
19 SENATOR BORRELLO: Correct.
20 SENATOR GIANARIS: Well, I suppose
21 it would depend on the corporation structure and
22 the relationship between the parent and the
23 subsidiary.
24 But if the subsidiary is a distinct
25 entity that has its own assets and revenues that
4183
1 are not foreign-owned, I think that would be
2 permissible. Though I should point out that the
3 bill contemplates that the certification we
4 talked about would be made by the owner of the
5 company, so presumably that would be the owner of
6 the parent.
7 SENATOR BORRELLO: Thank you.
8 Madam President, on the bill.
9 ACTING PRESIDENT MAYER: Senator
10 Borrello on the bill.
11 SENATOR BORRELLO: Thank you,
12 Senator Gianaris, for the engagement again today.
13 So, you know, I understand the -- I
14 guess the spirit of this bill, if you will. And
15 I am supporting it. But I will point out that
16 there are some real issues with how this is going
17 to be determined. First of all, I've spoken out
18 numerous times about self-attestation, that we
19 just allow people to tell us whether they're, you
20 know, engaged in something or not. We've done
21 that with folks asking for unemployment
22 insurance, all the way up to corporations that
23 might have foreign ownership, and everything in
24 between.
25 I have an issue with
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1 self-attestation. You know, I think it's the old
2 Ronald Reagan quote, "Trust but verify."
3 Nobody's actually verifying anything, that's the
4 problem.
5 But let me also speak to something
6 when it comes to corporations. Now, there's
7 something under investment law in the
8 United States called the 13-D Law. Once you own
9 5 percent of a corporation, a publicly traded
10 corporation, you have to file a 13-D, which
11 declares you as a substantial owner. So if we
12 said 5 percent, at least you could somehow say we
13 have a way to verify it through the investment
14 laws. But 1 percent, we really don't know how
15 we're going to do that.
16 So the question is, how are people
17 going to really self-attest to something in the
18 case of a public corporation that they don't have
19 foreign ownership? Because in the secondary
20 market for stocks, there's no way for them to
21 really know who's owning it. Especially when you
22 start talking about mutual funds, retirement
23 accounts, so on and so forth.
24 We have a lot of renewable energy
25 projects in this state in particular. Most of
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1 those are companies that are foreign-owned. The
2 companies that manufacture wind turbines and
3 solar panels are in countries like China. How do
4 we know if somebody from China who's, you know,
5 somewhere down the line donating to either party,
6 whether or not that's a 1 percent ownership and a
7 foreign influence?
8 Let me also point out -- just to
9 give you some specifics, there's a company called
10 Brookfield Developers. They gave $100,000 to the
11 New York State Democratic Committee. Their
12 parent company, Brookfield Property Owners, is
13 headquartered in Bermuda. Do we know whether or
14 not that would be a legal contribution? That
15 $100,000, would that have to be given back?
16 And let me give a list of
17 corporations that have donated to the Democratic
18 Conference: AIG, Northwest Mutual, Pfizer,
19 Sunoco, Hilton, Paychex, Enterprise, Mobil Oil
20 Corporation, Rite-Aid, CenturyLink and JPMorgan.
21 All with foreign subsidiaries, all with foreign
22 ownership.
23 So I realize this is a nice idea,
24 we're going to take another shot politically at
25 someone. But the reality is that you're setting
4186
1 yourselves up, I think, for -- unless this is
2 fixed, unless there's a way to really address
3 this in a more responsible manner, this is
4 setting yourselves up for being targeted by folks
5 unnecessarily.
6 I'm going to support this today
7 because I agree with it in principle. But I
8 would highly recommend looking at actually
9 cleaning this up and ensuring that you're not
10 setting yourselves up for failure.
11 So thank you, Madam President.
12 ACTING PRESIDENT MAYER: Are there
13 any other Senators wishing 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 6. This
18 act shall take effect on the 180th day after it
19 shall have become a law.
20 ACTING PRESIDENT MAYER: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT MAYER: Senator
24 Gianaris to explain his vote.
25 SENATOR GIANARIS: Thank you,
4187
1 Madam President.
2 Let me thank Senator Borrello for
3 his thoughtful questions and remarks.
4 I'm really proud of this bill. We
5 are at the forefront of a national conversation
6 about limiting and prohibiting foreign influence
7 in our elections. There are two localities in
8 the country that have done this, but we would be
9 the first state, if we were to enact this, to
10 impose a rule like this.
11 And it makes total sense. We have
12 very clear rules prohibiting foreign nationals
13 from contributing and participating in our
14 electoral process. That has been verified by the
15 U.S. Supreme Court. There's no doubt about that.
16 And yet corporations who are influenced or even
17 controlled by foreign entities have free rein to
18 do so.
19 And so today we are striking a blow
20 for democracy, for actual people to have greater
21 influence over their elections, as opposed to the
22 fictional personhood that our courts have
23 determined corporations have. And so by enacting
24 this rule, by enacting the Democracy Preservation
25 Act, we are actually taking great steps to
4188
1 preserve our democracy. We have a lot more to
2 do, but this is a very important and big first
3 step.
4 Thank you, Madam President. I vote
5 in the affirmative.
6 ACTING PRESIDENT MAYER: Senator
7 Gianaris to be recorded in the affirmative.
8 Announce the results.
9 THE SECRETARY: In relation to
10 Calendar 1323, those Senators voting in the
11 negative are Senators Akshar, Boyle, Gallivan,
12 Griffo, Helming, Jordan, Mattera, Oberacker,
13 O'Mara, Ortt, Rath, Ritchie, Stec and Weik.
14 Ayes, 48. Nays, 14.
15 ACTING PRESIDENT MAYER: The bill
16 is passed.
17 Senator Gianaris.
18 SENATOR GIANARIS: Thank you,
19 Madam President.
20 At this time let's return back to
21 the normal order of business and take up the
22 noncontroversial calendar, starting with
23 Calendar 89.
24 ACTING PRESIDENT MAYER: The
25 Secretary will read.
4189
1 THE SECRETARY: Calendar Number 89,
2 Assembly Bill 5527A, substituted earlier by
3 Assemblymember Williams, an act to amend the
4 Mental Hygiene Law.
5 ACTING PRESIDENT MAYER: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the 120th day after it
9 shall have become a law.
10 ACTING PRESIDENT MAYER: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT MAYER: Announce
14 the results.
15 THE SECRETARY: Ayes, 62.
16 ACTING PRESIDENT MAYER: The bill
17 is passed.
18 THE SECRETARY: Calendar Number 99,
19 Assembly Bill 3412A, substituted earlier by
20 Assemblymember Solages, an act to amend the
21 Penal Law.
22 ACTING PRESIDENT MAYER: Read the
23 last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect on the 30th day after it
4190
1 shall have become a law.
2 ACTING PRESIDENT MAYER: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT MAYER: Announce
6 the results.
7 THE SECRETARY: In relation to
8 Calendar 99, those Senators voting in the
9 negative are Senators Akshar, Borrello, Gallivan,
10 Griffo, Jordan, Lanza, Martucci, Oberacker,
11 O'Mara, Ortt, Rath, Ritchie, Serino, Stec and
12 Tedisco.
13 Ayes, 47. Nays, 15.
14 ACTING PRESIDENT MAYER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 184, Senate Print 1543A, by Senator Kaminsky, an
18 act to amend the Public Officers Law.
19 ACTING PRESIDENT MAYER: Read the
20 last section.
21 THE SECRETARY: Section 4. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MAYER: Call the
24 roll.
25 (The Secretary called the roll.)
4191
1 ACTING PRESIDENT MAYER: Announce
2 the results.
3 THE SECRETARY: In relation to
4 Calendar 184, those Senators voting in the
5 negative are Senators Gallivan, Griffo, Jordan,
6 Lanza, Oberacker, O'Mara, Rath, Stec and Tedisco.
7 Ayes, 53. Nays, 9.
8 ACTING PRESIDENT MAYER: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 212, Senate Print 1667, by Senator Skoufis, an
12 act to amend the Public Officers Law.
13 ACTING PRESIDENT MAYER: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect on the 90th day after it
17 shall have become a law.
18 ACTING PRESIDENT MAYER: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT MAYER: Announce
22 the results.
23 THE SECRETARY: In relation to
24 Calendar Number 212, voting in the negative:
25 Senator O'Mara.
4192
1 Ayes, 61. Nays, 1.
2 ACTING PRESIDENT MAYER: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 287, Senate Print 2629, by Senator Sanders, an
6 act to amend the General Municipal Law.
7 ACTING PRESIDENT MAYER: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the 30th day after it
11 shall have become a law.
12 ACTING PRESIDENT MAYER: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT MAYER: Announce
16 the results.
17 THE SECRETARY: Ayes, 62.
18 ACTING PRESIDENT MAYER: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 318, Senate Print 235A, by Senator Mayer, an act
22 to amend the General Municipal Law.
23 ACTING PRESIDENT MAYER: Read the
24 last section.
25 THE SECRETARY: Section 2. This
4193
1 act shall take effect on the 90th day after it
2 shall have become a law.
3 ACTING PRESIDENT MAYER: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT MAYER: Announce
7 the results.
8 THE SECRETARY: Ayes, 62.
9 ACTING PRESIDENT MAYER: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 415, Senate Print 4610, by Senator Comrie, an act
13 to amend the Public Authorities Law.
14 ACTING PRESIDENT MAYER: Read the
15 last section.
16 THE SECRETARY: Section 4. This
17 act shall take effect immediately.
18 ACTING PRESIDENT MAYER: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT MAYER: Announce
22 the results.
23 THE SECRETARY: Ayes, 62.
24 ACTING PRESIDENT MAYER: The bill
25 is passed.
4194
1 THE SECRETARY: Calendar Number
2 416, Senate Print 4611, by Senator Comrie, an act
3 to amend the Public Authorities Law.
4 ACTING PRESIDENT MAYER: Read the
5 last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect immediately.
8 ACTING PRESIDENT MAYER: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT MAYER: Announce
12 the results.
13 THE SECRETARY: Ayes, 62.
14 ACTING PRESIDENT MAYER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 571, Senate Print 3566, by Senator Breslin, an
18 act to amend the Insurance Law.
19 SENATOR LANZA: Lay it aside.
20 ACTING PRESIDENT MAYER: The bill
21 is laid aside.
22 THE SECRETARY: Calendar Number
23 707, Senate Print 2740B, by Senator Kavanagh, an
24 act to amend the Vehicle and Traffic Law and the
25 Public Officers Law.
4195
1 ACTING PRESIDENT MAYER: There is a
2 home-rule message at the desk.
3 Read the last section.
4 THE SECRETARY: Section 16. This
5 act shall take effect immediately.
6 ACTING PRESIDENT MAYER: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT MAYER: Announce
10 the results.
11 THE SECRETARY: In relation to
12 Calendar 707, those Senators voting in the
13 negative are Senators Jordan, Oberacker, O'Mara,
14 Rath and Serino.
15 Ayes, 57. Nays, 5.
16 ACTING PRESIDENT MAYER: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 731, Senate Print 4640, by Senator Rivera, an act
20 to amend the Public Health Law.
21 ACTING PRESIDENT MAYER: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT MAYER: Call the
4196
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT MAYER: Announce
4 the results.
5 THE SECRETARY: In relation to
6 Calendar Number 731, voting in the negative:
7 Senator Ryan.
8 Ayes, 61. Nays, 1.
9 ACTING PRESIDENT MAYER: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 757, Assembly Bill 894C, substituted earlier by
13 Assemblymember Zebrowski, an act to amend the
14 Real Property Tax Law.
15 SENATOR LANZA: Lay it aside.
16 ACTING PRESIDENT MAYER: The bill
17 is laid aside.
18 THE SECRETARY: Calendar Number
19 810, Senate Print 4468A, by Senator Mannion, an
20 act to amend the Mental Hygiene Law.
21 ACTING PRESIDENT MAYER: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT MAYER: Call the
4197
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT MAYER: Announce
4 the results.
5 THE SECRETARY: Ayes, 62.
6 ACTING PRESIDENT MAYER: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 820, Senate Print 6199, by Senator Skoufis, an
10 act to amend the Real Property Law.
11 ACTING PRESIDENT MAYER: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT MAYER: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MAYER: Announce
19 the results.
20 THE SECRETARY: In relation to
21 Calendar 820, those Senators voting in the
22 negative are Senators Akshar, Borrello, Griffo,
23 Helming, Lanza, Oberacker, O'Mara, Rath and
24 Tedisco.
25 Ayes, 53. Nays, 9.
4198
1 ACTING PRESIDENT MAYER: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 898, Assembly Bill 1324A, substituted earlier by
5 Assemblymember Magnarelli, an act to amend the
6 Volunteer Firefighters' Benefit Law.
7 ACTING PRESIDENT MAYER: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MAYER: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT MAYER: Announce
15 the results.
16 THE SECRETARY: Ayes, 62.
17 ACTING PRESIDENT MAYER: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 904, Assembly Bill 336A, substituted earlier by
21 Assemblymember Braunstein, an act to amend the
22 Public Health Law.
23 ACTING PRESIDENT MAYER: Read the
24 last section.
25 THE SECRETARY: Section 2. This
4199
1 act shall take effect on the 180th day after it
2 shall have become a law.
3 ACTING PRESIDENT MAYER: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT MAYER: Announce
7 the results.
8 THE SECRETARY: In relation to
9 Calendar 904, those Senators voting in the
10 negative are Senators Gallivan, Griffo, Helming,
11 Jordan, Oberacker, O'Mara, Ortt, Palumbo, Rath,
12 Ryan, Stec and Tedisco.
13 Ayes, 50. Nays, 12.
14 ACTING PRESIDENT MAYER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 940, Senate Print 1656A, by Senator Skoufis, an
18 act to amend the General Municipal Law.
19 ACTING PRESIDENT MAYER: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MAYER: Call the
24 roll.
25 (The Secretary called the roll.)
4200
1 ACTING PRESIDENT MAYER: Announce
2 the results.
3 THE SECRETARY: In relation to
4 Calendar 940, those Senators voting in the
5 negative are Senators Gallivan, Griffo, Jordan,
6 Martucci, Oberacker, O'Mara, Ortt, Rath, Ritchie,
7 Serino and Tedisco.
8 Ayes, 51. Nays, 11.
9 ACTING PRESIDENT MAYER: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 941, Senate Print 1769, by Senator Skoufis, an
13 act to amend the General Municipal Law.
14 ACTING PRESIDENT MAYER: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT MAYER: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT MAYER: Announce
22 the results.
23 THE SECRETARY: In relation to
24 Calendar 941, those Senators voting in the
25 negative are Senators May, Oberacker, O'Mara,
4201
1 Rath, Ritchie and Ryan.
2 Ayes, 56. Nays, 6.
3 ACTING PRESIDENT MAYER: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 943, Senate Print 3256, by Senator Comrie, an act
7 to amend the General Municipal Law.
8 ACTING PRESIDENT MAYER: Read the
9 last section.
10 THE SECRETARY: Section 7. This
11 act shall take effect on the first of January.
12 ACTING PRESIDENT MAYER: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT MAYER: Announce
16 the results.
17 THE SECRETARY: In relation to
18 Calendar 943, those Senators voting in the
19 negative are Senators Akshar, Borrello, Griffo,
20 Jordan, Oberacker, O'Mara, Ortt, Rath, Ritchie
21 and Serino.
22 Ayes, 52. Nays, 10.
23 ACTING PRESIDENT MAYER: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
4202
1 950, Senate Print 5671A, by Senator Breslin, an
2 act to amend the General Municipal Law.
3 ACTING PRESIDENT MAYER: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MAYER: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT MAYER: Announce
11 the results.
12 THE SECRETARY: Ayes, 62.
13 ACTING PRESIDENT MAYER: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 953, Senate Print 6035, by Senator Brooks, an act
17 in relation to authorizing the Bellmore Fire
18 District to file an application for exemption
19 from real property taxes.
20 ACTING PRESIDENT MAYER: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MAYER: Call the
25 roll.
4203
1 (The Secretary called the roll.)
2 ACTING PRESIDENT MAYER: Announce
3 the results.
4 THE SECRETARY: In relation to
5 Calendar Number 953, voting in the negative:
6 Senator Akshar.
7 Ayes, 61. Nays, 1.
8 ACTING PRESIDENT MAYER: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 956, Senate Print 6317, by Senator Gaughran, an
12 act authorizing the Faith Evangelical Lutheran
13 Church to retroactively apply for a real property
14 tax exemption.
15 ACTING PRESIDENT MAYER: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MAYER: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT MAYER: Announce
23 the results.
24 THE SECRETARY: In relation to
25 Calendar Number 956, voting in the negative:
4204
1 Senator Akshar.
2 Ayes, 61. Nays, 1.
3 ACTING PRESIDENT MAYER: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1009, Senate Print 1798, by Senator Borrello, an
7 act to legalize, validate, ratify and confirm the
8 actions of the Panama Central School District.
9 ACTING PRESIDENT MAYER: Read the
10 last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect immediately.
13 ACTING PRESIDENT MAYER: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT MAYER: Announce
17 the results.
18 THE SECRETARY: Ayes, 62.
19 ACTING PRESIDENT MAYER: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1016, Senate Print 4963A, by Senator
23 Reichlin-Melnick, an act related to validating
24 certain acts by the Pearl River Union Free School
25 District.
4205
1 ACTING PRESIDENT MAYER: Read the
2 last section.
3 THE SECRETARY: Section 3. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MAYER: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT MAYER: Announce
9 the results.
10 THE SECRETARY: Ayes, 62.
11 ACTING PRESIDENT MAYER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1020, Assembly Bill 6360B, substituted earlier by
15 Assemblymember Griffin, an act relating to
16 legalizing, validating, ratifying and confirming
17 transportation contracts for the West Hempstead
18 Union Free School District.
19 ACTING PRESIDENT MAYER: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MAYER: Call the
24 roll.
25 (The Secretary called the roll.)
4206
1 ACTING PRESIDENT MAYER: Announce
2 the results.
3 THE SECRETARY: Ayes, 62.
4 ACTING PRESIDENT MAYER: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1021, Assembly Bill 6356B, substituted earlier by
8 Assemblymember Griffin, an act related to
9 legalizing, validating, ratifying and confirming
10 transportation contracts for the Baldwin Union
11 Free School District.
12 ACTING PRESIDENT MAYER: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT MAYER: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT MAYER: Announce
20 the results.
21 THE SECRETARY: Ayes, 62.
22 ACTING PRESIDENT MAYER: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1022, Assembly Bill 6289, substituted earlier by
4207
1 Assemblymember Gunther, an act to legalize,
2 validate, ratify and confirm the actions of the
3 Monticello Central School District.
4 ACTING PRESIDENT MAYER: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT MAYER: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT MAYER: Announce
12 the results.
13 THE SECRETARY: Ayes, 62.
14 ACTING PRESIDENT MAYER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1024, Senate Print 6188A, by Senator Boyle, an
18 act related to legalizing, validating, ratifying
19 and confirming a certain contract of the West
20 Islip Union Free School District.
21 ACTING PRESIDENT MAYER: Read the
22 last section.
23 THE SECRETARY: Section 3. This
24 act shall take effect immediately.
25 ACTING PRESIDENT MAYER: Call the
4208
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT MAYER: Announce
4 the results.
5 THE SECRETARY: Ayes, 62.
6 ACTING PRESIDENT MAYER: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1033, Assembly Bill 2388B, substituted earlier by
10 Assemblymember Aubry, an act to amend the
11 Public Health Law and the Education Law.
12 ACTING PRESIDENT MAYER: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT MAYER: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT MAYER: Announce
20 the results.
21 THE SECRETARY: Ayes, 62.
22 ACTING PRESIDENT MAYER: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1065, Senate Print 5870, by Senator Gounardes, an
4209
1 act to amend the Executive Law.
2 ACTING PRESIDENT MAYER: Read the
3 last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect immediately.
6 ACTING PRESIDENT MAYER: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT MAYER: Announce
10 the results.
11 THE SECRETARY: Ayes, 62.
12 ACTING PRESIDENT MAYER: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1071, Senate Print 1207, by Senator Kaminsky, an
16 act to amend the Public Authorities Law.
17 ACTING PRESIDENT MAYER: Read the
18 last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect on the 180th day after it
21 shall have become a law.
22 ACTING PRESIDENT MAYER: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT MAYER: Announce
4210
1 the results.
2 THE SECRETARY: Ayes, 62.
3 ACTING PRESIDENT MAYER: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1108, Senate Print 6675, by Senator Gaughran, an
7 act to amend the Municipal Home Rule Law.
8 ACTING PRESIDENT MAYER: Read the
9 last section.
10 THE SECRETARY: Section 3. This
11 act shall take effect immediately.
12 ACTING PRESIDENT MAYER: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT MAYER: Announce
16 the results.
17 THE SECRETARY: Ayes, 62.
18 ACTING PRESIDENT MAYER: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1118, Senate Print 6239, by Senator Thomas, an
22 act to amend the Administrative Code of the City
23 of New York.
24 ACTING PRESIDENT MAYER: Read the
25 last section.
4211
1 THE SECRETARY: Section 3. This
2 act shall take effect on the 120th day after it
3 shall have become a law.
4 ACTING PRESIDENT MAYER: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT MAYER: Announce
8 the results.
9 THE SECRETARY: In relation to
10 Calendar 1118, those Senators voting in the
11 negative are Senators Felder, Gounardes, Helming,
12 Lanza, Martucci, Oberacker and O'Mara.
13 Ayes, 55. Nays, 7.
14 ACTING PRESIDENT MAYER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1140, Senate Print 4609, by Senator Hoylman, an
18 act to amend the Executive Law.
19 ACTING PRESIDENT MAYER: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MAYER: Call the
24 roll.
25 (The Secretary called the roll.)
4212
1 ACTING PRESIDENT MAYER: Announce
2 the results.
3 THE SECRETARY: Ayes, 62.
4 ACTING PRESIDENT MAYER: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1141, Assembly Bill 5374, substituted earlier by
8 Assemblymember McMahon, an act to amend the
9 Tax Law.
10 ACTING PRESIDENT MAYER: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT MAYER: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT MAYER: Announce
18 the results.
19 THE SECRETARY: Ayes, 62.
20 ACTING PRESIDENT MAYER: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1162, Assembly Bill 7701, substituted earlier by
24 Assemblymember Hunter, an act to amend the
25 Insurance Law.
4213
1 ACTING PRESIDENT MAYER: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MAYER: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT MAYER: Announce
9 the results.
10 THE SECRETARY: Ayes, 62.
11 ACTING PRESIDENT MAYER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1175, Senate Print 5945A, by Senator
15 Reichlin-Melnick, an act to amend the
16 Mental Hygiene Law.
17 ACTING PRESIDENT MAYER: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT MAYER: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT MAYER: Announce
25 the results.
4214
1 THE SECRETARY: Ayes, 62.
2 ACTING PRESIDENT MAYER: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1181, Senate Print 5940, by Senator Parker, an
6 act to require the Office for the Prevention of
7 Domestic Violence to conduct a study on domestic
8 violence in the transgender community.
9 ACTING PRESIDENT MAYER: Read the
10 last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect immediately.
13 ACTING PRESIDENT MAYER: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT MAYER: Announce
17 the results.
18 THE SECRETARY: Ayes, 62.
19 ACTING PRESIDENT MAYER: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1185, Senate Print 6682, by Senator Liu, an act
23 to amend the Education Law.
24 ACTING PRESIDENT MAYER: Read the
25 last section.
4215
1 THE SECRETARY: Section 2. This
2 act shall take effect on the 90th day after it
3 shall have become a law.
4 ACTING PRESIDENT MAYER: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT MAYER: Announce
8 the results.
9 THE SECRETARY: Ayes, 62.
10 ACTING PRESIDENT MAYER: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1188, Senate Print 1504, by Senator Hoylman, an
14 act to amend the Business Corporation Law and the
15 Not-For-Profit Corporation Law.
16 ACTING PRESIDENT MAYER: Read the
17 last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect on the 180th day after it
20 shall have become a law.
21 ACTING PRESIDENT MAYER: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT MAYER: Announce
25 the results.
4216
1 THE SECRETARY: Ayes, 62.
2 ACTING PRESIDENT MAYER: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1197, Senate Print 4869, by Senator Gaughran, an
6 act granting retroactive membership with Tier 2
7 status in the New York State Teachers' Retirement
8 System to Lori Cohen.
9 ACTING PRESIDENT MAYER: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT MAYER: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT MAYER: Announce
17 the results.
18 THE SECRETARY: Ayes, 62.
19 ACTING PRESIDENT MAYER: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1200, Senate Print 5543A, by Senator Brooks, an
23 act to amend the Education Law.
24 ACTING PRESIDENT MAYER: Read the
25 last section.
4217
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT MAYER: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT MAYER: Announce
7 the results.
8 THE SECRETARY: Ayes, 62.
9 ACTING PRESIDENT MAYER: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1205, Senate Print 6042, by Senator Hinchey, an
13 act to amend the Tax Law and the Real Property
14 Tax Law.
15 ACTING PRESIDENT MAYER: Read the
16 last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect on the 120th day after it
19 shall have become a law.
20 ACTING PRESIDENT MAYER: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT MAYER: Announce
24 the results.
25 THE SECRETARY: Ayes, 62.
4218
1 ACTING PRESIDENT MAYER: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1207, Senate Print 6233, by Senator Kennedy, an
5 act to amend the New York State Urban Development
6 Corporation Act.
7 ACTING PRESIDENT MAYER: Read the
8 last section.
9 THE SECRETARY: Section 4. This
10 act shall take effect on the first of April.
11 ACTING PRESIDENT MAYER: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT MAYER: Announce
15 the results.
16 THE SECRETARY: In relation to
17 Calendar 1207, those Senators voting in the
18 negative are Senators Akshar, Griffo and Skoufis.
19 Ayes, 59. Nays, 3.
20 ACTING PRESIDENT MAYER: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1208, Senate Print 6292, by Senator Mannion, an
24 act to amend the State Finance Law.
25 ACTING PRESIDENT MAYER: Read the
4219
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT MAYER: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT MAYER: Announce
8 the results.
9 THE SECRETARY: Ayes, 62.
10 ACTING PRESIDENT MAYER: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1234, Senate Print 3150, by Senator Comrie, an
14 act to amend the Vehicle and Traffic Law.
15 ACTING PRESIDENT MAYER: Read the
16 last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect on the 180th day after it
19 shall have become a law.
20 ACTING PRESIDENT MAYER: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT MAYER: Call the
24 roll.
25 (The Secretary called the roll.)
4220
1 ACTING PRESIDENT MAYER: Announce
2 the results.
3 THE SECRETARY: In relation to
4 Calendar Number 1234, voting in the negative:
5 Senator Akshar.
6 Ayes, 61. Nays, 1.
7 ACTING PRESIDENT MAYER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1240, Senate Print 5607A, by Senator Kennedy, an
11 act to amend the Transportation Law.
12 ACTING PRESIDENT MAYER: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT MAYER: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT MAYER: Announce
20 the results.
21 THE SECRETARY: Ayes, 62.
22 ACTING PRESIDENT MAYER: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1245, Assembly Bill 7417A, substituted earlier by
4221
1 Assemblymember Santabarbara, an act to amend the
2 Vehicle and Traffic Law.
3 ACTING PRESIDENT MAYER: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MAYER: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT MAYER: Announce
11 the results.
12 THE SECRETARY: Ayes, 62.
13 ACTING PRESIDENT MAYER: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1248, Assembly Bill 1414A, substituted earlier by
17 Assemblymember Lupardo, an act to amend the
18 Civil Service Law.
19 ACTING PRESIDENT MAYER: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MAYER: Call the
24 roll.
25 (The Secretary called the roll.)
4222
1 ACTING PRESIDENT MAYER: Announce
2 the results.
3 THE SECRETARY: Ayes, 62.
4 ACTING PRESIDENT MAYER: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1249, Assembly Bill 2203, substituted earlier by
8 Assemblymember Barrett, an act to amend the
9 Executive Law.
10 ACTING PRESIDENT MAYER: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the 60th day after it
14 shall have become a law.
15 ACTING PRESIDENT MAYER: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MAYER: Announce
19 the results.
20 THE SECRETARY: Ayes, 62.
21 ACTING PRESIDENT MAYER: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1252, Senate Print 5772, by Senator Brooks, an
25 act to amend the Executive Law.
4223
1 ACTING PRESIDENT MAYER: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the 120th day after it
5 shall have become a law.
6 ACTING PRESIDENT MAYER: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT MAYER: Announce
10 the results.
11 THE SECRETARY: Ayes, 62.
12 ACTING PRESIDENT MAYER: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1253, Senate Print 5869A, by Senator Brooks, an
16 act to amend the Executive Law.
17 ACTING PRESIDENT MAYER: Read the
18 last section.
19 SENATOR GAUGHRAN: Madam President,
20 please lay it aside for the day.
21 ACTING PRESIDENT MAYER: The bill
22 is laid aside for the day.
23 THE SECRETARY: Calendar Number
24 1259, Senate Print 5091, by Senator Kennedy, an
25 act to amend the General Municipal Law.
4224
1 ACTING PRESIDENT MAYER: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MAYER: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT MAYER: Announce
9 the results.
10 THE SECRETARY: In relation to
11 Calendar 1259, those Senators voting in the
12 negative are Senators May and Ryan.
13 Ayes, 60. Nays, 2.
14 ACTING PRESIDENT MAYER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1270, Senate Print 2201, by Senator Sepúlveda, an
18 act to repeal subdivision 9 of Section 201 of the
19 Correction Law.
20 ACTING PRESIDENT MAYER: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MAYER: Call the
25 roll.
4225
1 (The Secretary called the roll.)
2 ACTING PRESIDENT MAYER: Announce
3 the results.
4 THE SECRETARY: In relation to
5 Calendar 1270, those Senators voting in the
6 negative are Senators Akshar, Borrello, Boyle,
7 Gallivan, Griffo, Helming, Jordan, Lanza,
8 Martucci, Mattera, Oberacker, O'Mara, Ortt,
9 Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and
10 Weik.
11 Ayes, 42. Nays, 20.
12 ACTING PRESIDENT MAYER: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1271, Assembly Bill 453, substituted earlier by
16 Assemblymember Pheffer Amato, an act to amend the
17 Environmental Conservation Law.
18 ACTING PRESIDENT MAYER: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MAYER: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT MAYER: Announce
4226
1 the results.
2 THE SECRETARY: Ayes, 62.
3 ACTING PRESIDENT MAYER: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1280, Senate Print 4231, by Senator Stavisky, an
7 act to amend the Executive Law.
8 ACTING PRESIDENT MAYER: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the first of January.
12 ACTING PRESIDENT MAYER: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT MAYER: Announce
16 the results.
17 THE SECRETARY: Ayes, 62.
18 ACTING PRESIDENT MAYER: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1286, Senate Print 5981, by Senator Myrie, an act
22 to repeal subdivision 2 of Section 189 of the
23 Correction Law.
24 ACTING PRESIDENT MAYER: Read the
25 last section.
4227
1 THE SECRETARY: Section 3. This
2 act shall take effect immediately.
3 ACTING PRESIDENT MAYER: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT MAYER: Announce
7 the results.
8 THE SECRETARY: In relation to
9 Calendar 1286, those Senators voting in the
10 negative are Senators Akshar, Borrello, Boyle,
11 Gallivan, Griffo, Helming, Jordan, Lanza,
12 Martucci, Mattera, Oberacker, O'Mara, Ortt,
13 Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and
14 Weik.
15 Ayes, 42. Nays, 20.
16 ACTING PRESIDENT MAYER: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1291, Senate Print 66, by Senator Hoylman, an act
20 to amend the Civil Practice Law and Rules.
21 ACTING PRESIDENT MAYER: Read the
22 last section.
23 THE SECRETARY: Section 5. This
24 act shall take effect immediately.
25 ACTING PRESIDENT MAYER: Call the
4228
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT MAYER: Senator
4 Biaggi to explain her vote.
5 SENATOR BIAGGI: Thank you,
6 Madam President.
7 I rise today very proudly in favor
8 and in support of the Adult Survivors Act, which
9 will give survivors of sexual assault who have
10 aged out of the statute of limitations a chance
11 to pursue justice in our civil courts.
12 As a child sexual abuse survivor,
13 this is probably one of the most significant,
14 important and meaningful bills that I will get to
15 vote for this year, and I am very proud of my
16 colleague Senator Hoylman for putting this bill
17 forward, for charging ahead and for not stopping
18 no matter what.
19 It takes years -- years -- for
20 survivors of abuse to come forward, and many will
21 never actually use their voices and be able to
22 even speak about the trauma that they have
23 experienced. And so because of that, we know
24 that trauma is a complex issue and that healing
25 is not linear. And this bill accounts for that.
4229
1 Survivors live with their assault
2 for the rest of their lives, and our laws should
3 not put a time limit on survivors to process
4 their experience and to come forward. In 2019 we
5 stood in this chamber and we passed the historic
6 Child Victims Act to make sure that our laws
7 finally reflected the reality of trauma for child
8 survivors of sexual abuse. It was one of the
9 most proud moments of the year for me. And
10 crucially, we created this look-back window to
11 give survivors who never had the chance another
12 opportunity to pursue justice if they so chose.
13 If they so chose.
14 Our laws failed child survivors for
15 years before that time, and it was only right to
16 give survivors that chance.
17 Today, now, it is time for our work
18 to continue. We owe adult survivors an
19 opportunity to hold their abusers and the
20 institutions that protected them accountable too.
21 The Adult Survivors Act reflects the reality of
22 trauma and abuse, and it gives survivors a
23 meaningful chance to bring a case if they so
24 choose.
25 In New York State we stand today to
4230
1 vote in favor of the Adult Survivors Act because
2 we are a state that knows that we must protect
3 those who have been traumatized and abused, and
4 we will make sure that survivors have a
5 meaningful chance to bring a case.
6 Again, I vote in favor of this bill.
7 I look forward to our colleagues across this
8 legislative body and in the Assembly also doing
9 the same.
10 Thank you very much,
11 Madam President.
12 ACTING PRESIDENT MAYER: Senator
13 Biaggi to be recorded in the affirmative.
14 Senator Jackson to explain his vote.
15 SENATOR JACKSON: Thank you,
16 Madam President.
17 My colleagues, I rise to support
18 S66, by Senator Hoylman, my colleague. This
19 legislation, the Adult Survivors Act, gives the
20 many survivors of sexual offenses as adults an
21 opportunity to seek civil action against their
22 abusers and abusers' enablers in a court of law.
23 We see child abuse survivors, young
24 adults and older survivors, often either
25 suppressing memories of their abuse or they are
4231
1 afraid to come forward right away. By the time
2 adult survivors get the help they need and
3 finally can take action against their abusers,
4 it's too late to do anything about it legally.
5 It is a time to enact commonsense
6 legislation that will do away with New York's
7 vague statute of limitations which denies many of
8 them justice.
9 I want to thank Senator Hoylman and
10 all the cosponsors for standing up for adult
11 survivors. With our vote today, our state
12 acknowledges that all survivors of sexual assault
13 deserve justice.
14 And I proudly vote aye,
15 Madam President.
16 ACTING PRESIDENT MAYER: Senator
17 Jackson to be recorded in the affirmative.
18 Senator Hoylman to explain his vote.
19 SENATOR HOYLMAN: Thank you,
20 Madam President.
21 I'm proud to stand here today in
22 support of adult survivors of sexual assault,
23 building off the important work this chamber did
24 two years ago for survivors of child sexual abuse
25 when we passed the Child Victims Act.
4232
1 Until 2019 most adult survivors of
2 sex crimes had no more than one to three years to
3 file a civil lawsuit against their abuser. And
4 as you have heard, for many survivors it takes
5 years to come to terms with the abuses committed
6 against them, let alone to summon the courage to
7 come forward to report the abuse or engage in a
8 protracted court fight.
9 There are many reasons an adult
10 survivor may take years to come forward -- shame,
11 trauma, religious beliefs, family dynamics, or an
12 inability to remove oneself from a harmful or
13 unsafe situation. Those reasons are why, in
14 2019, thanks to the leadership of our colleague
15 Senator Biaggi, we passed legislation to
16 prospectively increase the civil and criminal
17 statutes of limitations for a host of sex
18 offenses.
19 Our pre-2019 statutes of limitations
20 were inadequately, punitively short to provide
21 many survivors with a shot at justice. And
22 that's why we changed them going forward.
23 With the legislation we're voting on
24 today, the Adult Survivors Act, we're giving that
25 shot at justice to the countless adult survivors
4233
1 of sex offenses who were previously denied an
2 opportunity because they didn't come forward in
3 time.
4 Survivors like the 200-plus women
5 who were sexually assaulted by an OB-GYN,
6 Robert Hadden, over the course of decades, from
7 age 15 -- young women just in puberty -- to
8 70 years old.
9 Survivors of serial predators like
10 Harvey Weinstein and Jeffrey Epstein.
11 Survivors with disabilities who were
12 abused by the only specialty physician in their
13 area.
14 A survivor who was a single mother
15 being sexually abused by her boss.
16 And a survivor who was abused by a
17 coach at age 18, just a few months older than a
18 teammate who was abused at age 17 and therefore
19 was able to file a civil claim under the
20 Child Victims Act.
21 This legislation, like the Child
22 Victims Act, is not about guaranteeing outcomes.
23 It's about providing survivors with the chance to
24 seek justice. To date, over 6,000 New Yorkers
25 and counting have taken advantage of the window
4234
1 of opportunity provided by the Child Victims Act.
2 Not a single false claim has been recorded. We
3 can and should provide adult survivors with the
4 same opportunity.
5 I want to thank all of the survivor
6 advocates who helped make this vote a reality.
7 For many survivors, engaging in advocacy on this
8 issue means reliving trauma, triggering and
9 reopening old wounds, and we should all
10 acknowledge how difficult that is.
11 Thanks as well to Safe Horizon,
12 Child USA and Marci Hamilton, the Center for
13 Independence of the Disabled, the New York State
14 Coalition against Sexual Assault, the Model
15 Alliance, SNAP, the Junior League, and many other
16 wonderful organizations who advocate on behalf of
17 survivors.
18 I also want to thank my colleagues
19 for supporting this bill; Assemblymember Linda
20 Rosenthal, for her tireless leadership and
21 partnership in the fight for survivors; and
22 Senate Majority Leader Andrea Stewart-Cousins for
23 her path-breaking leadership in this area, making
24 New York State a catalyst for change for
25 survivors.
4235
1 Let it be known, be advised, to
2 Hadden, Epstein, Weinstein, Trump and others, the
3 courthouse doors will be flung open to your
4 accusers.
5 It has been the honor of my career
6 as a legislator to fight side by side with
7 survivors, and it's a fight I'll never give up on
8 with my colleagues. Thank you very much.
9 I vote aye.
10 ACTING PRESIDENT MAYER: Senator
11 Hoylman to be recorded in the affirmative.
12 Announce the results.
13 THE SECRETARY: Ayes, 62.
14 ACTING PRESIDENT MAYER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1292, Senate Print 6357, by Senator Savino, an
18 act to amend the Family Court Act and the Social
19 Services Law.
20 ACTING PRESIDENT MAYER: Read the
21 last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect on the 180th day after it
24 shall have become a law.
25 ACTING PRESIDENT MAYER: Call the
4236
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT MAYER: Announce
4 the results.
5 THE SECRETARY: In relation to
6 Calendar 1292, those Senators voting in the
7 negative are Senators Gallivan, Griffo,
8 Oberacker, O'Mara, Ortt, Palumbo and Serino.
9 Ayes, 55. Nays, 7.
10 ACTING PRESIDENT MAYER: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1294, Assembly Bill 2030, substituted earlier by
14 Assemblymember Rosenthal, an act to amend the
15 Social Services Law and the Public Health Law.
16 ACTING PRESIDENT MAYER: Read the
17 last section.
18 THE SECRETARY: Section 4. This
19 act shall take effect on the 90th day after it
20 shall have become a law.
21 ACTING PRESIDENT MAYER: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT MAYER: Announce
25 the results.
4237
1 THE SECRETARY: In relation to
2 Calendar 1294, those Senators voting in the
3 negative are Senators Griffo, Jordan, Oberacker,
4 Ortt, Rath and Serino.
5 Ayes, 56. Nays, 6.
6 ACTING PRESIDENT MAYER: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1301, Assembly Bill 4877, substituted earlier by
10 Assemblymember Palmesano, an act in relation to
11 legalizing, validating, ratifying and confirming
12 certain transportation contracts of the
13 Corning City School District.
14 ACTING PRESIDENT MAYER: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT MAYER: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT MAYER: Announce
22 the results.
23 THE SECRETARY: Ayes, 62.
24 ACTING PRESIDENT MAYER: The bill
25 is passed.
4238
1 THE SECRETARY: Calendar Number
2 1309, Senate Print 6801, by Senator Rivera, an
3 act to amend Chapter 451 of the Laws of 2007.
4 ACTING PRESIDENT MAYER: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT MAYER: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT MAYER: Announce
12 the results.
13 THE SECRETARY: Ayes, 62.
14 ACTING PRESIDENT MAYER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1313, Senate Print 6890, by Senator Martucci, an
18 act authorizing the conveyance of real property
19 at the State University of New York College at
20 Delhi.
21 ACTING PRESIDENT MAYER: Read the
22 last section.
23 THE SECRETARY: Section 5. This
24 act shall take effect immediately.
25 ACTING PRESIDENT MAYER: Call the
4239
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT MAYER: Announce
4 the results.
5 THE SECRETARY: Ayes, 62.
6 ACTING PRESIDENT MAYER: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1325, Senate Print 1867, by Senator Ritchie, an
10 act relating to legalizing, validating, ratifying
11 and confirming a transportation contract of the
12 Fulton City School District.
13 ACTING PRESIDENT MAYER: Read the
14 last section.
15 THE SECRETARY: Section 3. This
16 act shall take effect immediately.
17 ACTING PRESIDENT MAYER: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT MAYER: Announce
21 the results.
22 THE SECRETARY: Ayes, 62.
23 ACTING PRESIDENT MAYER: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
4240
1 1326, Senate Print 2728, by Senator Kaminsky, an
2 act to amend the General Municipal Law.
3 ACTING PRESIDENT MAYER: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MAYER: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT MAYER: Announce
11 the results.
12 THE SECRETARY: In relation to
13 Calendar 1326, those Senators voting in the
14 negative are Senators Borrello, Gallivan, Jordan,
15 Martucci, Oberacker, O'Mara, Ortt, Rath, Ritchie,
16 Serino and Weik.
17 Ayes, 51. Nays, 11.
18 ACTING PRESIDENT MAYER: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1336, Senate Print 4516B, by Senator Kaplan, an
22 act to amend the Penal Law.
23 ACTING PRESIDENT MAYER: Read the
24 last section.
25 THE SECRETARY: Section 3. This
4241
1 act shall take effect immediately.
2 ACTING PRESIDENT MAYER: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT MAYER: Announce
6 the results.
7 THE SECRETARY: In relation to
8 Calendar 1336, those Senators voting in the
9 negative are Senators Biaggi, Borrello, Brisport,
10 Gallivan, Griffo, Helming, Lanza, Myrie,
11 Oberacker, O'Mara, Ortt, Ritchie, Rivera,
12 Salazar, Serino and Weik.
13 Ayes, 46. Nays, 16.
14 ACTING PRESIDENT MAYER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1337, Senate Print 4540A, by Senator Rivera, an
18 act to amend the Social Services Law and the
19 Civil Practice Law and Rules.
20 ACTING PRESIDENT MAYER: Read the
21 last section.
22 THE SECRETARY: Section 7. This
23 act shall take effect on the 180th day after it
24 shall have become a law.
25 ACTING PRESIDENT MAYER: Call the
4242
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT MAYER: Announce
4 the results.
5 THE SECRETARY: In relation to
6 Calendar 1337, those Senators voting in the
7 negative are Senators Akshar, Borrello, Boyle,
8 Gallivan, Griffo, Helming, Jordan, Martucci,
9 Mattera, Oberacker, O'Mara, Ortt, Palumbo, Rath,
10 Ritchie, Serino, Stec, Tedisco and Weik.
11 Ayes, 43. Nays, 19.
12 ACTING PRESIDENT MAYER: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1343, Senate Print 5035, by Senator Parker, an
16 act to amend the Mental Hygiene Law.
17 ACTING PRESIDENT MAYER: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect on the 180th day after it
21 shall have become a law.
22 ACTING PRESIDENT MAYER: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT MAYER: Announce
4243
1 the results.
2 THE SECRETARY: Ayes, 62.
3 ACTING PRESIDENT MAYER: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1344, Senate Print 5151A, by Senator May, an act
7 to amend the Education Law.
8 ACTING PRESIDENT MAYER: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT MAYER: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT MAYER: Announce
16 the results.
17 THE SECRETARY: Ayes, 62.
18 ACTING PRESIDENT MAYER: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1367, Assembly Bill 386, substituted earlier by
22 Assemblymember Jacobson, an act to amend the
23 Workers' Compensation Law.
24 ACTING PRESIDENT MAYER: Read the
25 last section.
4244
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT MAYER: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT MAYER: Announce
7 the results.
8 THE SECRETARY: Ayes, 62.
9 ACTING PRESIDENT MAYER: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1369, Senate Print 1607, by Senator Martucci, an
13 act to authorize Susan Gillinder, the widow of
14 Robert C. Ritchie, to file a new service
15 retirement application and an option election
16 form.
17 ACTING PRESIDENT MAYER: Read the
18 last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect immediately.
21 ACTING PRESIDENT MAYER: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT MAYER: Announce
25 the results.
4245
1 THE SECRETARY: Ayes, 62.
2 ACTING PRESIDENT MAYER: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1370, Senate Print 1751, by Senator Borrello, an
6 act to amend the Uniform City Court Act.
7 ACTING PRESIDENT MAYER: There is a
8 home-rule message at the desk.
9 Read the last section.
10 THE SECRETARY: Section 3. This
11 act shall take effect immediately.
12 ACTING PRESIDENT MAYER: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT MAYER: Announce
16 the results.
17 THE SECRETARY: Ayes, 62.
18 ACTING PRESIDENT MAYER: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1372, Senate Print 3100, by Senator Kaplan, an
22 act to amend the Retirement and Social Security
23 Law.
24 ACTING PRESIDENT MAYER: There is a
25 home-rule message at the desk.
4246
1 Read the last section.
2 THE SECRETARY: Section 4. This
3 act shall take effect immediately.
4 ACTING PRESIDENT MAYER: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT MAYER: Announce
8 the results.
9 THE SECRETARY: Ayes, 62.
10 ACTING PRESIDENT MAYER: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1376, Senate Print 4261, by Senator Griffo, an
14 act to amend the Public Authorities Law.
15 ACTING PRESIDENT MAYER: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MAYER: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT MAYER: Announce
23 the results.
24 THE SECRETARY: Ayes, 62.
25 ACTING PRESIDENT MAYER: The bill
4247
1 is passed.
2 THE SECRETARY: Calendar Number
3 1377, Senate Print 4408, by Senator Skoufis, an
4 act to amend the Retirement and Social Security
5 Law.
6 ACTING PRESIDENT MAYER: Read the
7 last section.
8 THE SECRETARY: Section 3. This
9 act shall take effect immediately.
10 ACTING PRESIDENT MAYER: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT MAYER: Announce
14 the results.
15 THE SECRETARY: Ayes, 62.
16 ACTING PRESIDENT MAYER: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1380, Senate Print 4471A, by Senator Mannion, an
20 act to amend the General Municipal Law and the
21 Public Authorities Law.
22 ACTING PRESIDENT MAYER: Read the
23 last section.
24 THE SECRETARY: Section 4. This
25 act shall take effect on the 60th day after it
4248
1 shall have become a law.
2 ACTING PRESIDENT MAYER: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT MAYER: Announce
6 the results.
7 THE SECRETARY: Ayes, 62.
8 ACTING PRESIDENT MAYER: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1381, Senate Print 4542A, by Senator Mayer, an
12 act to amend the Election Law.
13 ACTING PRESIDENT MAYER: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT MAYER: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT MAYER: Announce
21 the results.
22 THE SECRETARY: In relation to
23 Calendar 1381, those Senators voting in the
24 negative are Senators Borrello, Boyle, Helming,
25 Jordan, Martucci, Oberacker, O'Mara, Ortt, Rath
4249
1 and Ritchie.
2 Ayes, 52. Nays, 10.
3 ACTING PRESIDENT MAYER: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1382, Assembly Bill 5386A, substituted earlier by
7 Assemblymember Lupardo, an act to amend the
8 Agriculture and Markets Law.
9 SENATOR GAUGHRAN: Madam President,
10 please lay the bill aside for the day.
11 ACTING PRESIDENT MAYER: The bill
12 is laid aside for the day.
13 THE SECRETARY: Calendar Number
14 1384, Senate Print 4860, by Senator Kennedy, an
15 act to authorize the widow of William James
16 Middlebrooks to file a retirement option election
17 form.
18 ACTING PRESIDENT MAYER: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MAYER: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT MAYER: Announce
4250
1 the results.
2 THE SECRETARY: Ayes, 62.
3 ACTING PRESIDENT MAYER: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1386, Assembly Bill 7207A, substituted earlier by
7 Assemblymember Jackson, an act to authorize and
8 direct the Commissioner of Agriculture and
9 Markets to conduct a study on urban agriculture.
10 ACTING PRESIDENT MAYER: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT MAYER: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT MAYER: Announce
18 the results.
19 THE SECRETARY: Ayes, 62.
20 ACTING PRESIDENT MAYER: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1390, Senate Print 6229A, by Senator Sanders, an
24 act authorizing the City of New York to alienate
25 and discontinue the use of certain portions of
4251
1 parkland.
2 ACTING PRESIDENT MAYER: There is a
3 home-rule message at the desk.
4 Read the last section.
5 THE SECRETARY: Section 7. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MAYER: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT MAYER: Announce
11 the results.
12 THE SECRETARY: Ayes, 62.
13 ACTING PRESIDENT MAYER: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1398, Senate Print 6585, by Senator Rath, an act
17 granting retroactive Tier 4 membership in the
18 New York State and Local Employees' Retirement
19 System.
20 ACTING PRESIDENT MAYER: Read the
21 last section.
22 THE SECRETARY: Section 4. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MAYER: Call the
25 roll.
4252
1 (The Secretary called the roll.)
2 ACTING PRESIDENT MAYER: Announce
3 the results.
4 THE SECRETARY: Ayes, 62.
5 ACTING PRESIDENT MAYER: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1399, Senate Print 6616, by Senator Skoufis, an
9 act to amend the State Finance Law.
10 ACTING PRESIDENT MAYER: Read the
11 last section.
12 THE SECRETARY: Section 4. This
13 act shall take effect one year after it shall
14 have become a law.
15 ACTING PRESIDENT MAYER: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MAYER: Announce
19 the results.
20 THE SECRETARY: Ayes, 62.
21 ACTING PRESIDENT MAYER: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1401, Assembly Bill 359A, substituted earlier by
25 Assemblymember Jacobson, an act to amend the
4253
1 Workers' Compensation Law.
2 ACTING PRESIDENT MAYER: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT MAYER: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT MAYER: Announce
10 the results.
11 THE SECRETARY: In relation to
12 Calendar 1401, those Senators voting in the
13 negative are Senators Akshar, Borrello, Boyle,
14 Gallivan, Griffo, Helming, Jordan, Mattera,
15 Oberacker, O'Mara, Ortt, Rath, Ritchie, Serino,
16 Stec, Tedisco and Weik.
17 Ayes, 45. Nays, 17.
18 ACTING PRESIDENT MAYER: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1411, Senate Print 6916A, by Senator Kavanagh, an
22 act to amend the Local Emergency Housing Rent
23 Control Act.
24 SENATOR LANZA: Lay it aside.
25 ACTING PRESIDENT MAYER: The bill
4254
1 is laid aside.
2 THE SECRETARY: Calendar Number
3 1414, Assembly Number 7327, substituted earlier
4 by Assemblymember Zebrowski, an act to amend the
5 State Finance Law.
6 ACTING PRESIDENT MAYER: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT MAYER: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT MAYER: Announce
14 the results.
15 THE SECRETARY: In relation to
16 Calendar 1414, those Senators voting in the
17 negative are Senators Akshar, Borrello, Boyle,
18 Gallivan, Griffo, Helming, Jordan, Martucci,
19 Mattera, Oberacker, O'Mara, Ortt, Palumbo, Rath,
20 Serino, Stec, Tedisco and Weik.
21 Ayes, 44. Nays, 18.
22 ACTING PRESIDENT MAYER: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1421, Assembly Bill 7397, substituted earlier by
4255
1 Assemblymember Sillitti, an act to amend the
2 Environmental Conservation Law.
3 ACTING PRESIDENT MAYER: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MAYER: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT MAYER: Announce
11 the results.
12 THE SECRETARY: Ayes, 62.
13 ACTING PRESIDENT MAYER: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1422, Assembly Bill 7179, substituted earlier by
17 Assemblymember Weinstein, an act to amend
18 Chapter 20 of the Laws of 2015.
19 ACTING PRESIDENT MAYER: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MAYER: Call the
24 roll.
25 (The Secretary called the roll.)
4256
1 ACTING PRESIDENT MAYER: Announce
2 the results.
3 THE SECRETARY: In relation to
4 Calendar Number 1422, voting in the negative:
5 Senator Helming.
6 Ayes, 61. Nays, 1.
7 ACTING PRESIDENT MAYER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1423, Assembly Bill 7392, substituted earlier by
11 Assemblymember Englebright, an act to amend the
12 Environmental Conservation Law.
13 ACTING PRESIDENT MAYER: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT MAYER: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT MAYER: Announce
21 the results.
22 THE SECRETARY: Ayes, 62.
23 ACTING PRESIDENT MAYER: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
4257
1 1430, Senate Print 7090, by Senator Thomas, an
2 act to amend the Financial Services Law.
3 ACTING PRESIDENT MAYER: Read the
4 last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MAYER: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT MAYER: Announce
11 the results.
12 THE SECRETARY: Ayes, 62.
13 ACTING PRESIDENT MAYER: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1431, Assembly Print 3112B, substituted earlier
17 by Assemblymember Epstein, an act to amend the
18 Executive Law.
19 ACTING PRESIDENT MAYER: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect on the 60th day after it
23 shall have become a law.
24 ACTING PRESIDENT MAYER: Call the
25 roll.
4258
1 (The Secretary called the roll.)
2 ACTING PRESIDENT MAYER: Announce
3 the results.
4 THE SECRETARY: Ayes, 62.
5 ACTING PRESIDENT MAYER: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1432, Senate Print 485A, by Senator Krueger, an
9 act to amend the Education Law.
10 ACTING PRESIDENT MAYER: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect January 1, 2023.
14 ACTING PRESIDENT MAYER: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT MAYER: Announce
18 the results.
19 THE SECRETARY: Ayes, 62.
20 ACTING PRESIDENT MAYER: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1433, Senate Print 741, by Senator Biaggi, an act
24 to amend the Election Law.
25 ACTING PRESIDENT MAYER: Read the
4259
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the 60th day after it
4 shall have become a law.
5 ACTING PRESIDENT MAYER: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT MAYER: Senator
9 Biaggi to explain her vote.
10 SENATOR BIAGGI: Thank you,
11 Madam President.
12 I rise today to proudly vote in
13 favor of my bill, S741, which prohibits elected
14 officials from using their campaign donations and
15 contributions towards fees that are associated
16 with claims of sexual harassment. It seems very
17 commonsense.
18 Under current New York law, elected
19 officials and candidates are prohibited from
20 using their donated funds to pay for fees that
21 are associated with criminal convictions, or
22 ethical violations from JCOPE, but the law fails
23 to mention fees that are associated with sexual
24 harassment.
25 Campaign donations are given by
4260
1 donors with the expectation that their
2 contributions will be used for the candidate's
3 election efforts, not to fund the cost of their
4 bad conduct and behavior. This omission is a
5 breach of the public's trust that their
6 contributions are appropriately used to support
7 honest campaigns.
8 By passing this bill, what we do
9 today is take another step forward in holding
10 elected officials who abuse others, and their
11 campaign coffers, accountable. And we can add
12 further disincentive for elected officials who
13 all too often believe they can get away with
14 sexual harassment.
15 I am proud to vote aye.
16 ACTING PRESIDENT MAYER: Senator
17 Biaggi to be recorded in the affirmative.
18 Announce the results.
19 THE SECRETARY: In relation to
20 Calendar Number 1433, voting in the negative:
21 Senator Jordan.
22 Ayes, 61. Nays, 1.
23 ACTING PRESIDENT MAYER: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
4261
1 1434, Senate Print 946B, by Senator Gaughran, an
2 act to amend the Workers' Compensation Law.
3 ACTING PRESIDENT MAYER: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MAYER: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT MAYER: Announce
11 the results.
12 THE SECRETARY: In relation to
13 Calendar 1434, those Senators voting in the
14 negative are Senators Akshar, Borrello, Boyle,
15 Gallivan, Griffo, Helming, Jordan, Martucci,
16 Mattera, Oberacker, O'Mara, Ortt, Palumbo, Rath,
17 Ritchie, Serino, Stec and Weik.
18 Ayes, 44. Nays, 18.
19 ACTING PRESIDENT MAYER: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1435, Senate Print 1102A, by Senator Kaminsky, an
23 act to amend the Town Law.
24 ACTING PRESIDENT MAYER: Read the
25 last section.
4262
1 THE SECRETARY: Section 2. This
2 act shall take effect on the first of January.
3 ACTING PRESIDENT MAYER: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT MAYER: Announce
7 the results.
8 THE SECRETARY: Ayes, 62.
9 ACTING PRESIDENT MAYER: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1436, Assembly Bill 5565, substituted earlier by
13 Assemblymember Jean-Pierre, an act to amend the
14 Navigation Law.
15 ACTING PRESIDENT MAYER: 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 MAYER: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT MAYER: Announce
24 the results.
25 THE SECRETARY: Ayes, 62.
4263
1 ACTING PRESIDENT MAYER: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1437, Assembly Bill 5689, substituted earlier by
5 Assemblymember Cruz, an act to amend the Criminal
6 Procedure Law.
7 ACTING PRESIDENT MAYER: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the 60th day after it
11 shall have become a law.
12 ACTING PRESIDENT MAYER: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT MAYER: Announce
16 the results.
17 THE SECRETARY: In relation to
18 Calendar 1437, those Senators voting in the
19 negative are Senators Akshar, Borrello, Gallivan,
20 Martucci and Stec.
21 Ayes, 57. Nays, 5.
22 ACTING PRESIDENT MAYER: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1439, Senate Print 2542A, by Senator Rivera, an
4264
1 act to amend the Social Services Law.
2 ACTING PRESIDENT MAYER: Read the
3 last section.
4 THE SECRETARY: Section 5. This
5 act shall take effect immediately.
6 ACTING PRESIDENT MAYER: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT MAYER: Announce
10 the results.
11 THE SECRETARY: Ayes, 62.
12 ACTING PRESIDENT MAYER: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1442, Assembly Print 6040, substituted earlier by
16 Assemblymember Burgos, an act to amend the
17 General Business Law.
18 ACTING PRESIDENT MAYER: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect on the 30th day after it
22 shall have become a law.
23 ACTING PRESIDENT MAYER: Call the
24 roll.
25 (The Secretary called the roll.)
4265
1 ACTING PRESIDENT MAYER: Announce
2 the results.
3 THE SECRETARY: Ayes, 62.
4 ACTING PRESIDENT MAYER: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1444, Assembly Print 2113, substituted earlier by
8 Assemblymember Simon, an act to amend the
9 Domestic Relations Law and the Family Court Act.
10 ACTING PRESIDENT MAYER: Read the
11 last section.
12 THE SECRETARY: Section 9. This
13 act shall take effect on the 90th day after it
14 shall have become a law.
15 ACTING PRESIDENT MAYER: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MAYER: Announce
19 the results.
20 THE SECRETARY: In relation to
21 Calendar Number 1444, voting in the negative:
22 Senator Helming.
23 Ayes, 61. Nays, 1.
24 ACTING PRESIDENT MAYER: The bill
25 is passed.
4266
1 THE SECRETARY: Calendar Number
2 1445, Senate Print 4723, by Senator Kaminsky, an
3 act to amend the Election Law.
4 ACTING PRESIDENT MAYER: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT MAYER: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT MAYER: Announce
12 the results.
13 THE SECRETARY: In relation to
14 Calendar 1445, 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 MAYER: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1446, Senate Print 4864, by Senator Gaughran, an
25 act to amend the Public Authorities Law.
4267
1 ACTING PRESIDENT MAYER: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MAYER: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT MAYER: Announce
9 the results.
10 THE SECRETARY: Ayes, 63.
11 ACTING PRESIDENT MAYER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1447, Senate Print 5023A, by Senator Gianaris, an
15 act to amend the Education Law.
16 ACTING PRESIDENT MAYER: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect on the 120th day after it
20 shall have become a law.
21 ACTING PRESIDENT MAYER: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT MAYER: Announce
25 the results.
4268
1 THE SECRETARY: In relation to
2 Calendar Number 1447, voting in the negative:
3 Senator Oberacker.
4 Ayes, 62. Nays, 1.
5 ACTING PRESIDENT MAYER: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1449, Senate Print 5356, by Senator Breslin, an
9 act to amend the State Finance Law.
10 ACTING PRESIDENT MAYER: Read the
11 last section.
12 THE SECRETARY: Section 3. This
13 act shall take effect on the 90th day after it
14 shall have become a law.
15 ACTING PRESIDENT MAYER: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MAYER: Announce
19 the results.
20 THE SECRETARY: Ayes, 63.
21 ACTING PRESIDENT MAYER: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1451, Senate Print 5453A, by Senator Helming, an
25 act to amend the Mental Hygiene Law.
4269
1 ACTING PRESIDENT MAYER: 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 MAYER: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT MAYER: Announce
10 the results.
11 THE SECRETARY: Ayes, 63.
12 ACTING PRESIDENT MAYER: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1452, Assembly Bill 6429B, substituted earlier by
16 Assemblymember Hyndman, an act to amend the
17 Public Health Law.
18 ACTING PRESIDENT MAYER: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MAYER: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT MAYER: Announce
4270
1 the results.
2 THE SECRETARY: Ayes, 63.
3 ACTING PRESIDENT MAYER: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1453, Senate Print 5691, by Senator Griffo, an
7 act granting retroactive Tier 4 membership in the
8 New York State and Local Employees' Retirement
9 System.
10 ACTING PRESIDENT MAYER: There is a
11 home-rule message at the desk.
12 Read the last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect immediately.
15 ACTING PRESIDENT MAYER: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MAYER: Announce
19 the results.
20 THE SECRETARY: Ayes, 63.
21 ACTING PRESIDENT MAYER: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1454, Assembly Bill 6528A, substituted earlier by
25 Assemblymember Braunstein, an act to amend the
4271
1 Education Law.
2 ACTING PRESIDENT MAYER: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT MAYER: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT MAYER: Announce
10 the results.
11 THE SECRETARY: In relation to
12 Calendar Number 1454, voting in the negative:
13 Senator Gallivan.
14 Ayes, 62. Nays, 1.
15 ACTING PRESIDENT MAYER: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1455, Senate Print 6079A, by Senator Gounardes,
19 an act to amend the Social Services Law.
20 ACTING PRESIDENT MAYER: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the 30th day after it
24 shall have become a law.
25 ACTING PRESIDENT MAYER: Call the
4272
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT MAYER: Announce
4 the results.
5 THE SECRETARY: In relation to
6 Calendar Number 1455, voting in the negative:
7 Senator Helming.
8 Ayes, 62. Nays, 1.
9 ACTING PRESIDENT MAYER: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1458, Assembly Bill 7403A, substituted earlier by
13 Assemblymember Septimo, an act to amend the
14 Agriculture and Markets Law.
15 SENATOR LANZA: Lay it aside.
16 ACTING PRESIDENT MAYER: The bill
17 is laid aside.
18 THE SECRETARY: Calendar Number
19 1459, Senate Print 6353A, by Senator Persaud, an
20 act in relation to permitting the use of
21 municipal space for outdoor dining.
22 ACTING PRESIDENT MAYER: Read the
23 last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
4273
1 ACTING PRESIDENT MAYER: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT MAYER: Announce
5 the results.
6 THE SECRETARY: Ayes, 63.
7 ACTING PRESIDENT MAYER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1461, Senate Print 6405, by Senator Gounardes, an
11 act to amend the Retirement and Social Security
12 Law.
13 ACTING PRESIDENT MAYER: There is a
14 home-rule message at the desk.
15 Read the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT MAYER: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT MAYER: Announce
22 the results.
23 THE SECRETARY: Ayes, 63.
24 ACTING PRESIDENT MAYER: The bill
25 is passed.
4274
1 There is a substitution at the desk.
2 The Secretary will read.
3 THE SECRETARY: Senator Ryan moves
4 to discharge, from the Committee on Rules,
5 Assembly Bill Number 7021 and substitute it for
6 the identical Senate Bill 6511, Third Reading
7 Calendar 1462.
8 ACTING PRESIDENT MAYER: The
9 substitution is so ordered.
10 The Secretary will read.
11 THE SECRETARY: Calendar Number
12 1462, Assembly Print 7021, by Assemblymember
13 Jean-Pierre, an act to amend the Education Law.
14 ACTING PRESIDENT MAYER: Read the
15 last section.
16 THE SECRETARY: Section 4. This
17 act shall take effect April 1, 2021.
18 ACTING PRESIDENT MAYER: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT MAYER: Announce
22 the results.
23 THE SECRETARY: Ayes, 63.
24 ACTING PRESIDENT MAYER: The bill
25 is passed.
4275
1 THE SECRETARY: Calendar Number
2 1463, Senate Print 6657, by Senator Boyle, an act
3 in relation to authorizing the assessor of the
4 Town of Islip, County of Suffolk, to accept from
5 the Community Services Support Corporation an
6 application for exemption from real property
7 taxes.
8 ACTING PRESIDENT MAYER: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT MAYER: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT MAYER: Announce
16 the results.
17 THE SECRETARY: In relation to
18 Calendar Number 1463, voting in the negative:
19 Senator Akshar.
20 Ayes, 62. Nays, 1.
21 ACTING PRESIDENT MAYER: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1464, Senate Print 6707, by Senator Gaughran, an
25 act to amend the Public Authorities Law.
4276
1 ACTING PRESIDENT MAYER: Read the
2 last section.
3 THE SECRETARY: Section 4. This
4 act shall take effect on the 90th day after it
5 shall have become a law.
6 ACTING PRESIDENT MAYER: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT MAYER: Announce
10 the results.
11 THE SECRETARY: Ayes, 63.
12 ACTING PRESIDENT MAYER: The bill
13 is passed.
14 Calendar 1465 is high and will be
15 laid aside for the day.
16 THE SECRETARY: Calendar Number
17 1467, Senate Print 6811, by Senator Harckham, an
18 act to amend the Real Property Tax Law.
19 ACTING PRESIDENT MAYER: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MAYER: Call the
24 roll.
25 (The Secretary called the roll.)
4277
1 ACTING PRESIDENT MAYER: Announce
2 the results.
3 THE SECRETARY: Ayes, 63.
4 ACTING PRESIDENT MAYER: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1468, Senate Print 6921, by Senator Breslin, an
8 act to amend the Public Health Law.
9 ACTING PRESIDENT MAYER: Read the
10 last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect immediately.
13 ACTING PRESIDENT MAYER: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT MAYER: Announce
17 the results.
18 THE SECRETARY: Ayes, 63.
19 ACTING PRESIDENT MAYER: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1469, Senate Print 7013, by Senator Addabbo, an
23 act to amend the Racing, Pari-Mutuel Wagering and
24 Breeding Law.
25 ACTING PRESIDENT MAYER: Read the
4278
1 last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect immediately.
4 ACTING PRESIDENT MAYER: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT MAYER: Announce
8 the results.
9 THE SECRETARY: Ayes, 63.
10 ACTING PRESIDENT MAYER: The bill
11 is passed.
12 Senator Gaughran, that completes the
13 reading of today's calendar.
14 SENATOR GAUGHRAN: Madam President,
15 can we now go to the reading of the controversial
16 calendar, beginning with Calendar 757.
17 ACTING PRESIDENT MAYER: The
18 Secretary will ring the bell.
19 The Secretary will read.
20 THE SECRETARY: Calendar Number
21 757, Assembly Bill Number 894C, by
22 Assemblymember Zebrowski, an act to amend the
23 Real Property Tax Law.
24 ACTING PRESIDENT MAYER: Senator
25 Boyle.
4279
1 SENATOR BOYLE: Madam President,
2 would the sponsor yield for a couple of
3 questions.
4 ACTING PRESIDENT MAYER: Senator
5 Gaughran, do you yield?
6 SENATOR GAUGHRAN: Yes.
7 ACTING PRESIDENT MAYER: The
8 Senator yields.
9 SENATOR BOYLE: Madam President,
10 through you.
11 Senator, this legislation would
12 require assessors using the comparable sales
13 method for assessments to consider certain
14 comparable properties in formulating the
15 assessment -- in essence, ask them to look at the
16 sales and rentals of properties exhibiting
17 similar current use or use at the time of the
18 sale and in the same real estate market.
19 My question to you is, is this not
20 akin to basically assessing occupied houses at a
21 higher assessment than vacant houses? The Real
22 Property Tax Law says that we're supposed to
23 value the real -- tax at the real value of the
24 real estate, not the value of the activity
25 occurring on the property.
4280
1 So please explain to me how this is
2 not taxing a business rather than the inherent
3 value of the real property.
4 SENATOR GAUGHRAN: Through you,
5 Madam President, this exempts residential
6 property. So it does not apply to residential
7 properties and, you know, vacant homes as you
8 described.
9 SENATOR BOYLE: So we're not
10 looking at -- through you, Madam President, one
11 more question.
12 ACTING PRESIDENT MAYER: Would the
13 sponsor yield?
14 SENATOR GAUGHRAN: Yes.
15 SENATOR BOYLE: We are not looking
16 at commercial activity, we're going on purely
17 assessment of the value of the property as the
18 Real Property Tax Law requires?
19 SENATOR GAUGHRAN: Well, I think
20 your illustration was talking about an empty
21 residential home versus an occupied residential
22 home. So this does not impact that.
23 In fact, there was an earlier
24 version of the legislation where there was some
25 ambiguity, so we amended the legislation to make
4281
1 it clear that it does not impact residential
2 homes. It's commercial and mixed-use properties.
3 SENATOR BOYLE: Thank you,
4 Madam President.
5 ACTING PRESIDENT MAYER: Are there
6 any other Senators wishing to be heard?
7 Seeing and hearing none, debate is
8 closed. The Secretary will ring the bell.
9 Read the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT MAYER: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT MAYER: Announce
16 the results.
17 THE SECRETARY: Ayes, 63.
18 ACTING PRESIDENT MAYER: The bill
19 is passed.
20 Senator Gaughran.
21 SENATOR GAUGHRAN: Madam President,
22 please take up Calendar Number 1411 now.
23 ACTING PRESIDENT MAYER: The
24 Secretary will read.
25 THE SECRETARY: Calendar Number
4282
1 1411, Senate Print 6916A, by Senator Kavanagh, an
2 act to amend the Local Emergency Housing Rent
3 Control Act.
4 ACTING PRESIDENT MAYER: Senator
5 Boyle.
6 SENATOR BOYLE: Madam President,
7 will the sponsor yield.
8 ACTING PRESIDENT MAYER: Give me
9 one minute.
10 SENATOR BOYLE: I'm sorry, yes.
11 ACTING PRESIDENT MAYER: Senator
12 Boyle.
13 SENATOR BOYLE: Thank you, Madam
14 President. Would the sponsor yield.
15 ACTING PRESIDENT MAYER: Senator
16 Kavanagh, do you yield?
17 SENATOR KAVANAGH: Yes,
18 Madam President.
19 ACTING PRESIDENT MAYER: The
20 Senator yields.
21 SENATOR KAVANAGH: Sorry, I'm late
22 to yield.
23 SENATOR BOYLE: That's okay. Thank
24 you. Madam President, through you.
25 So Senator, this bill would extend
4283
1 the deadline for the emergency in New York in
2 relation to the date of the calendar year 2022
3 when the local legislative body of the city
4 having over a million residents -- New York
5 City -- may determine the continuation of the
6 emergency.
7 My question to you is, this bill
8 would extend it from April until July 1st, is
9 that correct?
10 SENATOR KAVANAGH: Yes.
11 SENATOR BOYLE: Is this extension
12 really necessary?
13 SENATOR KAVANAGH: Through you,
14 Madam President. This is -- so the Housing and
15 Vacancy Survey is -- has been done every few
16 years since 1965. The range of time between the
17 surveys has varied somewhat, but the purpose of
18 the study is to gather data that is necessary for
19 the local government to continue to find that
20 there's a continuing emergency that justifies the
21 rent laws of New York City.
22 The survey, though, is not done by
23 the local government itself. It has been done
24 under contract for many, many years now with the
25 Census Bureau, because they have this sort of
4284
1 expertise. The Census Bureau scientifically
2 selects 12,000 addresses throughout the City of
3 New York, so that is a thoroughly representative
4 sample. They then hire lots of people who go and
5 do a direct survey of all of those households and
6 try to get to as many of them as they can.
7 The Census Bureau began hiring for
8 that process in February of this year. They had
9 to complete their work from, you know, the prior
10 year census.
11 They have found, not surprisingly,
12 given the public health crisis and the
13 restrictions on people's movements, that the
14 hiring process was much slower than it normally
15 is, so they were still hiring -- as of April,
16 they got to a full staffing level.
17 But the Census Bureau has informed
18 New York City that in order to do the study
19 properly and thoroughly, they need some
20 additional time, and so the City of New York has
21 requested, by putting in this program bill, three
22 additional months to complete the survey portion,
23 then do the necessary analysis and publish the
24 study as they always do.
25 SENATOR BOYLE: Madam Speaker, will
4285
1 the sponsor continue to yield.
2 ACTING PRESIDENT MAYER: Senator
3 Kavanagh, do you continue to yield?
4 SENATOR KAVANAGH: Yes,
5 Madam President.
6 ACTING PRESIDENT MAYER: The
7 Senator yields.
8 SENATOR BOYLE: Through you,
9 Madam -- Madam President. I spent too much time
10 in the Assembly, I'm sorry.
11 I understand, Senator, during COVID
12 we would have extended this and not required the
13 survey to be done. But New York City is opening
14 up. Vaccination rates are down, and things are
15 looking good. The positive rates are 1 percent,
16 approximately. So why are we extending this now
17 through July 1st?
18 SENATOR KAVANAGH: Through you,
19 Madam President. Again, the survey happens over
20 the course of many months. And in order to get
21 the survey done by the current deadline, absent
22 this bill, the Census Bureau had begun in
23 February.
24 And again, this is a very laborious
25 process, trying to make actual contact with
4286
1 12,000 households and make sure that the sample
2 is representative, and then do the data analysis.
3 So although things are looking
4 better -- although, you know, the rates of
5 community transmission in New York City were
6 still considered high by the CDC even as of a few
7 weeks ago. So during the first phase of this
8 study, we were still under very significant
9 restrictions and, you know, some challenge,
10 presumably, hiring people whose job it is to go
11 interact with strangers who answer their door.
12 So the Census Bureau, which of
13 course has an extraordinary track record of
14 hiring people to do this work and supervising
15 them and gathering data in a scientifically valid
16 way and then processing it, has found that the
17 challenge of COVID for this kind of work
18 persisted into 2021. And as a result, they are
19 behind on their field survey work and are
20 requesting an additional three months.
21 SENATOR BOYLE: Madam President,
22 will the sponsor yield for one more question.
23 ACTING PRESIDENT MAYER: Will you
24 continue to yield?
25 SENATOR KAVANAGH: I'm happy to,
4287
1 Madam President.
2 ACTING PRESIDENT MAYER: The
3 sponsor yields.
4 SENATOR BOYLE: Through you,
5 Madam President. Senator, you obviously
6 represent part of New York City. You're
7 chairperson of the Housing Committee, you have a
8 lot of information on this, and you just laid out
9 the process by which the surveyors are being
10 hired.
11 Do you see any reason why this
12 should be extended beyond the July 1, 2022, date?
13 SENATOR KAVANAGH: Through you,
14 Madam President. I think one thing we've learned
15 during COVID is that predictions about the future
16 are somewhat difficult. But I -- it does seem,
17 as my colleague has said, that we are moving in
18 the right direction and vaccinations are
19 increasing and the COVID emergency that has
20 caused severe disruptions of our daily lives does
21 seem to be subsidizing.
22 Assuming that we continue to move in
23 that direction, I believe that the Census Bureau
24 ought to be able to complete the survey work this
25 year, do the necessary analysis, and publish the
4288
1 report on time with this additional three-month
2 extension.
3 SENATOR BOYLE: I'd like to thank
4 the sponsor. And thank you, Madam President.
5 SENATOR KAVANAGH: Thank you.
6 ACTING PRESIDENT MAYER: Are there
7 any other Senators wishing to be heard?
8 Seeing and hearing none, debate is
9 closed. The Secretary will ring the bell.
10 Read the last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect immediately.
13 ACTING PRESIDENT MAYER: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT MAYER: Announce
17 the results.
18 THE SECRETARY: In relation to
19 Calendar 1411, those Senators voting in the
20 negative are Senators Akshar, Gallivan, Griffo,
21 Helming, Lanza, Martucci, O'Mara, Ortt, Rath,
22 Ritchie, Serino and Weik.
23 Ayes, 51. Nays, 12.
24 ACTING PRESIDENT MAYER: The bill
25 is passed.
4289
1 Senator Gaughran.
2 SENATOR GAUGHRAN: Madam President,
3 may we please take up Calendar Number 571.
4 ACTING PRESIDENT MAYER: The
5 Secretary will read.
6 THE SECRETARY: Calendar Number
7 571, Senate Print 3566, by Senator Breslin, an
8 act to amend the Insurance Law.
9 ACTING PRESIDENT MAYER: Senator
10 Palumbo.
11 SENATOR PALUMBO: Thank you,
12 Madam President. Would the sponsor yield for a
13 few questions, please.
14 ACTING PRESIDENT MAYER: Senator
15 Breslin, do you yield?
16 SENATOR BRESLIN: Yes,
17 Madam President, I will yield.
18 ACTING PRESIDENT MAYER: The
19 Senator yields.
20 SENATOR PALUMBO: Thank you,
21 Senator. Good afternoon, how are you?
22 SENATOR BRESLIN: Good afternoon to
23 you too.
24 SENATOR PALUMBO: Actually, that
25 was my first question -- no, I'm kidding.
4290
1 Senator, this bill essentially
2 modifies some language from 2011 bill that
3 ultimately -- I guess that language was a result
4 of a chapter amendment that the Governor insisted
5 upon. Is that accurate?
6 SENATOR BRESLIN: That may well be
7 so. I don't recall exactly.
8 SENATOR PALUMBO: Would the sponsor
9 yield for another question, please.
10 ACTING PRESIDENT MAYER: Do you
11 continue to yield, Senator Breslin?
12 SENATOR BRESLIN: I continue to
13 yield, thank you.
14 ACTING PRESIDENT MAYER: The
15 Senator yields.
16 SENATOR PALUMBO: Thank you,
17 Senator.
18 And as far as that language is
19 concerned, at the time Governor Cuomo indicated
20 that there needed to be a level playing field
21 between the mail order pharmacies as well as the
22 retail pharmacies.
23 So my question to you is, Senator,
24 why are we making this distinction now, and why
25 is this bill necessary today?
4291
1 SENATOR BRESLIN: Well, because of
2 the advent of what we call PBMs, pharmacy benefit
3 managers, who are generally connected with those
4 mail order pharmacies, who are connected to three
5 of the major pharmacies in the United States.
6 Local pharmacies compete with those mail order
7 pharmacies.
8 And if you know the legislation, it
9 talks about creating rules and regulations to
10 make them more equal, which in fact has made them
11 more unequal. The mail order houses, the PBMs
12 have imposed things like having 24-hour nursing
13 available at the pharmacy. They've also done
14 things to increase the computer operation of the
15 pharmacy, and on and on and on, which makes --
16 which are unnecessary for the pharmacy.
17 SENATOR PALUMBO: Will you continue
18 to yield, please, Senator.
19 ACTING PRESIDENT MAYER: Senator
20 Breslin, do you continue to yield?
21 SENATOR BRESLIN: I continue to
22 yield.
23 ACTING PRESIDENT MAYER: The
24 Senator yields.
25 SENATOR PALUMBO: Thank you,
4292
1 Senator. And through you, Madam President.
2 The way I read this,
3 Senator Breslin, is that this bill actually
4 doesn't only regulate pharmacies that are linked
5 to PBMs, this regulates all pharmacies. Is that
6 true?
7 SENATOR BRESLIN: It does regulate
8 all pharmacies, certainly.
9 SENATOR PALUMBO: Okay. So in that
10 regard, then, we do have -- would you yield for
11 another question, please, Senator.
12 ACTING PRESIDENT MAYER: Senator
13 Breslin, do you yield?
14 SENATOR BRESLIN: Yes, I continue
15 to yield.
16 ACTING PRESIDENT MAYER: The
17 sponsor yields.
18 SENATOR PALUMBO: Thank you. And
19 through you, Madam President.
20 In that regard, now, this regulation
21 or this lifting of regulations, the striking of
22 this language and the requirement that pharmacies
23 belong to a contractual network agreement and
24 have to abide by the same terms and conditions as
25 a mail order company, can we agree, then, that
4293
1 the rules are now going to be different for a
2 mail order pharmacy versus a retail pharmacy?
3 SENATOR BRESLIN: No, I would --
4 excuse me. It's recognizing that a mail order
5 house and a local pharmacy are totally different.
6 The local pharmacy is able to talk
7 to a cancer patient and confirm what the
8 prescription is. He's able to talk to people
9 with other kinds of diseases. No one goes into a
10 pharmacy in good health. So a lot of people
11 depend upon that local pharmacist to add an added
12 benefit.
13 A lot of the things that mail order
14 houses send might be to an oncology patient, and
15 it might need refrigeration. It might need a
16 specified delivery date. And we have memos in
17 the file from oncologists who said they're often
18 late, they don't appear, they're damaged, and
19 there's specific handling that only a local
20 pharmacy can do.
21 So that makes the distinction
22 between the mail order house and the local
23 pharmacy.
24 In addition, the construct of those
25 rules to put the local pharmacy at a competitive
4294
1 disadvantage to the mail order pharmacy are
2 created by exactly the part of the system that
3 controls the mail order pharmacies. That's
4 the PBMs.
5 SENATOR PALUMBO: Will the sponsor
6 yield for another question, please.
7 ACTING PRESIDENT MAYER: Senator
8 Breslin, do you continue to yield?
9 SENATOR BRESLIN: Yes, I continue
10 to yield.
11 ACTING PRESIDENT MAYER: The
12 Senator yields.
13 SENATOR PALUMBO: Thank you,
14 Senator.
15 Well, isn't that choice whether or
16 not to use a mail order pharmacy or a retail
17 pharmacy up to the consumer? If you're concerned
18 even whether they're valid or not, shouldn't that
19 option be given to the consumer to make under
20 their own volition?
21 SENATOR BRESLIN: The consumer
22 always has the final decision. But he might be
23 forced into a situation to make a decision
24 because of the law as it existed, not the law
25 that I hope will be.
4295
1 SENATOR PALUMBO: Will the sponsor
2 continue to yield, please.
3 ACTING PRESIDENT MAYER: Senator
4 Breslin, do you yield?
5 SENATOR BRESLIN: Yes, I continue
6 to yield.
7 ACTING PRESIDENT MAYER: The
8 Senator yields.
9 SENATOR PALUMBO: Thank you,
10 Senator.
11 So my understanding is that when a
12 plan or a pharmacy joins a network, then of
13 course there are contractual terms, which include
14 price, quality and access data. And I did see a
15 study from 2016, the QuintilesIMS Institute's
16 Review of U.S. Medicine Use and Spending for --
17 SENATOR BRESLIN: Can you repeat
18 that --
19 SENATOR PALUMBO: I'm sorry?
20 SENATOR BRESLIN: I can't hear you.
21 SENATOR PALUMBO: Sure. It's a
22 study from -- it's pronounced, I believe,
23 QuintilesIMS Institute's Review of U.S. Medicines
24 Use and Spending for 2016. And that study found
25 that 95.4 percent of U.S. customers buy their
4296
1 prescription drugs over the counter, either from
2 an independent pharmacy chain, drugstore or
3 grocery store.
4 So I'd expect that the 4.6 percent
5 of prescriptions that were dispensed via
6 mail order has possibly gone up during the
7 pandemic. That since these retail pharmacies
8 essentially dispense the majority of medications,
9 that the costs associated with the mail order --
10 essentially this is the expenses that would
11 ultimately be passed down to the consumer will
12 now be borne in greater -- in greater -- for
13 those that choose mail order, that the costs will
14 be higher for the consumer.
15 Can you tell me how you would
16 address that and how this doesn't, in effect --
17 SENATOR BRESLIN: Well, as you
18 know --
19 SENATOR PALUMBO: -- result in that
20 situation?
21 SENATOR BRESLIN: -- both mail
22 order and the local pharmacy and their pricing
23 equal.
24 SENATOR PALUMBO: Will the Senator
25 yield for another question, please.
4297
1 SENATOR BRESLIN: -- refer to
2 paragraph 23 {sic} of the proposed legislation,
3 which says there will be the same reimbursement
4 amount, in very clear terms.
5 SENATOR PALUMBO: Would you yield
6 for another question, please, Senator.
7 SENATOR BRESLIN: Sure, you bet. I
8 yield.
9 ACTING PRESIDENT MAYER: Senator
10 Breslin yields.
11 SENATOR PALUMBO: Thank you. And
12 that was going to be my next question, that you
13 specifically define, in this bill, "same
14 reimbursement amount" shall mean that any
15 coverage described under subparagraph B shall
16 provide the same benchmark index, including the
17 same average wholesale price, maximum allowable
18 cost, and national prescription drug codes to
19 reimburse all pharmacies participating in the
20 insurance network, regardless of whether a
21 pharmacy is mail order or non-mail order.
22 So "same" is not actually same.
23 "Same" is under this particular formula. So
24 why -- what was the need for that?
25 SENATOR BRESLIN: They're not the
4298
1 same, because the PBMs impose additional
2 directions on the part of the local pharmacy
3 which increases the price to them and makes it
4 less profitable, if profitable at all.
5 SENATOR PALUMBO: Would the Senator
6 yield for one more question, please.
7 ACTING PRESIDENT MAYER: Senator
8 Breslin, do you yield?
9 SENATOR BRESLIN: I yield.
10 ACTING PRESIDENT MAYER: The
11 Senator yields.
12 SENATOR PALUMBO: Senator, I was
13 also -- through you, Madam President, there were
14 some other concerns that were presented to me
15 regarding the fact that now a retail pharmacy
16 does not in fact have to play by the same rules
17 as the mail order pharmacy, so they don't have to
18 abide by or be part of a network.
19 Are there any protocols in here to
20 ensure patient safety regarding the managing and
21 handling that would typically be required when a
22 health -- when someone's part of a health plan
23 network?
24 SENATOR BRESLIN: If you could
25 repeat the question, again.
4299
1 SENATOR PALUMBO: Certainly. These
2 concerns are essentially patient safety concerns,
3 that now the playing field is not level for all
4 pharmacies, regardless of mail order or retail.
5 And when I mean retail, obviously I mean brick
6 and mortar.
7 So in those situations, there don't
8 seem to be any protocols within this bill that
9 would require these retail pharmacies to
10 otherwise be part of that network which has all
11 of the safety protocols and so forth that are
12 required in order for them to ultimately get
13 reimbursed under those plans.
14 SENATOR BRESLIN: I would react to
15 that question that the local pharmacist is still
16 required to follow all the protocols of a local
17 pharmacy.
18 SENATOR PALUMBO: Thank you,
19 Senator Breslin.
20 On the bill, please,
21 Madam President.
22 ACTING PRESIDENT MAYER: Senator
23 Palumbo on the bill.
24 SENATOR PALUMBO: Thank you,
25 Madam President. And Senator Breslin, thank you
4300
1 for your indulgence.
2 These are some concerns that I have
3 here, because of course -- fortunately, it's
4 still America. We have competitive pricing, we
5 have competitive business, we have a capitalist
6 market. When we're now taking certain businesses
7 and giving them unfair advantages over the other,
8 that's very problematic. That's a slippery slope
9 that I have a huge concern with. I think less
10 government is more. And I think many of us may
11 also agree with that notion.
12 So when you have a bill such as this
13 that strikes specific language requiring everyone
14 in a particular field -- a very significant and
15 important field, that being distribution of
16 controlled substances and medications that if
17 improperly distributed can kill people --
18 obviously there need to be some regulations. And
19 I'm an anti-regulation guy. New York is quite
20 possibly the best -- we're the gold standard when
21 it comes to regulating businesses. And I've had
22 a problem with that for many years.
23 But the bottom line is now we're
24 reducing regulations for some and not others.
25 And quite frankly, it creates an unfair
4301
1 advantage, number one. And secondly, for those
2 individuals who choose to obtain their
3 pharmaceuticals through mail order, the problem
4 is now those costs will be -- obviously they
5 still have these additional regulations that
6 apply only to mail order. Those costs are going
7 to go up.
8 So I understand the intent of this.
9 And I know we've had other PBM legislation here
10 that has passed this floor and passed the
11 Assembly. And it's a laudable goal. I just
12 don't think this is the way to achieve it. I'm
13 very concerned that we're now interfering, is
14 what -- the word I'm going to use, my word, with
15 private business and creating regulations for
16 some and not regulations for others, simply
17 because of the manner in which they engage in the
18 exact same business.
19 So Madam President, I'm going to
20 vote in the negative, and I urge my colleagues to
21 do the same. Thank you.
22 SENATOR GAUGHRAN: Madam
23 President --
24 ACTING PRESIDENT MAYER: One
25 minute, excuse me.
4302
1 Are there any other Senators wishing
2 to be heard? 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 MAYER: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT MAYER: Senator
11 Breslin to explain his vote.
12 SENATOR BRESLIN: Thank you,
13 Madam President. Thank you for the debate,
14 Senator Palumbo.
15 This is really a very simple bill.
16 It's about fairness. It's about
17 equality. Pharmacy benefit managers have
18 interjected themselves into the pharmacy stream.
19 And pharmacy benefit managers are traditionally
20 guided by major pharmacies. And most mail order
21 houses are major pharmacies.
22 In the legislation that exists now,
23 it gives that PBM some latitude to develop rules
24 and regulations that prejudice the local
25 pharmacy. They prejudice it in a way that isn't
4303
1 necessary for a local pharmacy, like 24-hour
2 nursing care or enhanced computer operations, and
3 on and on and on.
4 That local pharmacy is very, very
5 important insofar as the patient. And as I said
6 before, no healthy person goes to a pharmacy.
7 The patient is able to develop that relationship
8 with the pharmacist, as many of us have.
9 Also, if it's a particularly
10 difficult problem -- like an oncology problem,
11 which I discussed before, where you need drugs
12 shipped, they need to be shipped on time, they
13 might need to be shipped undamaged. In cases
14 they need to be frozen. And the local pharmacy
15 has the ability to get that product to give to
16 his patient, to discuss with him unbridled by all
17 these regulations that have been placed on him by
18 the current legislation.
19 Accordingly, I believe this is about
20 fairness. This does level the playing field.
21 And I ask that this become the new law.
22 Thank you, Madam President.
23 ACTING PRESIDENT MAYER: Senator
24 Breslin to be recorded in the affirmative.
25 Announce the results.
4304
1 THE SECRETARY: In relation to
2 Calendar 571, those Senators voting in the
3 negative are Senators Gallivan, Jordan, Lanza and
4 Palumbo.
5 Ayes, 59. Nays, 4.
6 ACTING PRESIDENT MAYER: The bill
7 is passed.
8 Senator Gaughran.
9 SENATOR GAUGHRAN: Madam President,
10 may we now take up 1458 on today's calendar.
11 ACTING PRESIDENT MAYER: The
12 Secretary will read.
13 THE SECRETARY: Calendar Number
14 1458, Assembly Bill Number 7403A, by
15 Assemblymember Septimo, an act to amend the
16 Agriculture and Markets Law.
17 ACTING PRESIDENT MAYER: Senator
18 Oberacker.
19 SENATOR OBERACKER: Yes. Through
20 you, Madam President, would the sponsor yield for
21 a couple of questions, please.
22 ACTING PRESIDENT MAYER: Senator
23 Hinchey, do you yield?
24 SENATOR HINCHEY: Yes. Through
25 you, Madam President, yes, I yield.
4305
1 ACTING PRESIDENT MAYER: The
2 Senator yields.
3 SENATOR OBERACKER: Thank you. And
4 thank you, Senator Hinchey, for indulging me in
5 just a couple of quick questions on this bill.
6 Through you, Madam President, I
7 would ask the sponsor: Just how many farms do we
8 have in New York State?
9 SENATOR HINCHEY: There are
10 thousands of farms across this state. Through
11 you, Madam President, there are, you know, tens
12 of thousands of farms across this state, all with
13 different classifications.
14 SENATOR OBERACKER: Thank you.
15 Through you, Madam President, would
16 the sponsor continue to yield.
17 ACTING PRESIDENT MAYER: Senator
18 Hinchey, do you yield?
19 SENATOR HINCHEY: Yes, I continue
20 to yield.
21 ACTING PRESIDENT MAYER: The
22 Senator yields.
23 SENATOR OBERACKER: Thank you.
24 And I would like it noted that many
25 of those thousands are through the 51st Senate
4306
1 District, which I represent.
2 And so for the purposes of this
3 bill, being that there are thousands of farms out
4 there, how is Ag & Markets going to reach out to
5 all of those farmers here in the state?
6 SENATOR HINCHEY: So I can't
7 speculate on how Ag & Markets will do that. But
8 we do know that Ag & Markets has a relationship
9 with the farms across this state. They're here
10 to represent and to help farmers.
11 I will say, as the chair of the
12 Agriculture Committee, the number-one -- through
13 you, Madam President -- the number-one issue I
14 hear is the need to expand markets for farmers.
15 And what this will do is allow a database for
16 people to find the farms that they would be able
17 to purchase from. Ag & Markets has a
18 relationship with many of those farms, and we
19 know that they'll use the contacts that they have
20 to put it together.
21 SENATOR OBERACKER: Through you,
22 Madam President, would the sponsor continue to
23 yield.
24 ACTING PRESIDENT MAYER: Senator
25 Hinchey, do you continue to yield?
4307
1 SENATOR HINCHEY: Yes.
2 ACTING PRESIDENT MAYER: The
3 Senator yields.
4 SENATOR OBERACKER: Thank you.
5 Through you, Madam President.
6 How long could we think that it
7 would take Ag & Markets, again, to reach out to
8 these farms and to build that database? Has
9 there been any talk about a time frame?
10 SENATOR HINCHEY: Through you,
11 Madam President. Again, I can't speculate on the
12 plans from Ag & Markets. What I will say is
13 there's already the beginnings of a list from the
14 Nourish New York program. Those were farms that
15 had surplus goods that opted into the plan or
16 were connected by Ag & Markets to create a
17 database that people could purchase from through
18 this pandemic.
19 So there's already the makings of a
20 list. So I would imagine that that would be a
21 place to start. But again, I can't speculate on
22 how long it will take for them to do that.
23 SENATOR OBERACKER: Thank you.
24 Through you, Madam President, would
25 the sponsor continue to yield.
4308
1 ACTING PRESIDENT MAYER: Senator
2 Hinchey, do you continue to yield?
3 SENATOR HINCHEY: Yes.
4 ACTING PRESIDENT MAYER: The
5 Senator yields.
6 SENATOR OBERACKER: Thank you.
7 So under the bill, do farms have the
8 ability to opt in or opt out of participating in
9 the database?
10 SENATOR JORDAN: Through you,
11 Madam President. Farms are in the -- will be in
12 the list, but they have the ability to opt out.
13 We want to make sure -- again, the
14 number-one issue that I hear is to expand
15 markets. These are also farm businesses who are
16 looking to sell their products, so many of them
17 already have a social media presence, many of
18 them have websites, they have farm stands where
19 they drive traffic to. So we believe this is
20 something that many of these farms will want to
21 participate in.
22 So to your earlier point, there are
23 thousands of farms across the state, including
24 both of our districts, and it would be easier to
25 count all those farms in, but to make sure that
4309
1 as Ag & Markets talks to farmers, they know that
2 there's an opt-out ability.
3 SENATOR OBERACKER: Thank you.
4 Through you, Madam President, would
5 the sponsor continue to yield.
6 ACTING PRESIDENT MAYER: Senator
7 Hinchey, do you continue to yield?
8 SENATOR HINCHEY: Yes.
9 ACTING PRESIDENT MAYER: The
10 Senator yields.
11 SENATOR OBERACKER: Thank you.
12 You've hit on a couple of points
13 from some of my other questions, so thank you,
14 Senator.
15 Will the database detail the quality
16 of the products that these farms would be looking
17 to sell or what kind of a buyer they're looking
18 for -- say, individuals, restaurants or
19 businesses?
20 SENATOR HINCHEY: Through you,
21 Madam President, the database will include what
22 kinds of products the farms are able to sell and
23 are available for people to buy.
24 SENATOR OBERACKER: Thank you.
25 Through you, Madam President, would
4310
1 the sponsor continue to yield.
2 ACTING PRESIDENT MAYER: Senator
3 Hinchey, do you continue to yield?
4 SENATOR HINCHEY: Yes.
5 ACTING PRESIDENT MAYER: The
6 Senator yields.
7 SENATOR OBERACKER: Thank you.
8 And again, these questions just form
9 out from my business side of my brain, so I beg
10 your indulgence on this.
11 So it's my understanding that the
12 database is to be updated every two years. And
13 many of the farms, as I'm sure you know, they
14 rotate their crops from season to season. And so
15 my question is, how will the database account for
16 that type of a cycle?
17 SENATOR HINCHEY: Through you,
18 Madam President. We see this bill and this
19 database as a starting point. Right now most
20 people don't know how to find farms. Most
21 restaurants, restaurant associations,
22 institutions, school districts don't even know
23 where to go if they want to buy local, and we
24 know that they do.
25 So we see this as a starting point.
4311
1 That right now is not in the bill, but there's
2 nothing to say that that wouldn't be able to be
3 added or that wouldn't be a part of it moving
4 forward.
5 SENATOR OBERACKER: Thank you.
6 Through you, Madam President, would
7 the sponsor continue to yield.
8 ACTING PRESIDENT MAYER: Senator
9 Hinchey, do you continue to yield?
10 SENATOR HINCHEY: Yes.
11 ACTING PRESIDENT MAYER: The
12 Senator yields.
13 SENATOR OBERACKER: Thank you.
14 The portal for the Nourish New York
15 program, which you alluded to earlier -- and
16 you're well aware, because you've carried that
17 legislation, you know, making it permanent, is an
18 opt-in system for farms looking to sell their
19 products, essentially creating a marketplace.
20 Would it be your -- would it be more
21 efficient to follow that system for the bill,
22 having the farms that want to participate and
23 come to Ag & Markets, instead of Ag & Markets
24 reaching out to possibly thousands of farms?
25 SENATOR HINCHEY: Through you,
4312
1 Madam President. As I know you know, Senator,
2 our farmers are entirely overburdened already.
3 Many of them are working full-time jobs just to
4 be able to have health insurance or to make the
5 money they need to survive in our communities to
6 be able to do the trade and the job that they
7 love, which is farming.
8 What we're working here to do is to
9 expand those markets so more of these farmers can
10 become the full-time farmers that they want to
11 be. Because they are so overburdened already,
12 working one, maybe two other jobs and being a
13 full-time farmer, we felt that putting a burden
14 on them to find out about the program, to contact
15 Ag & Markets to get involved, was going to be too
16 much of a burden, when we know that many of these
17 ag businesses want to be a part of this.
18 They are looking for ways to expand
19 their markets, they are looking for ways to reach
20 more people. There's going to be many fewer
21 farms and farm businesses who opt out than choose
22 to opt in. And so we imagined that it was much
23 easier to include those farms, put the onus on
24 the few farms that don't want to be a part of
25 it -- and, to your point, instead of having
4313
1 thousands of farms call Ag & Markets, be able to
2 manage the fewer calls that they'll take to opt
3 out of the list.
4 SENATOR OBERACKER: Thank you.
5 Madam President, on the bill.
6 ACTING PRESIDENT MAYER: Senator
7 Oberacker on the bill.
8 SENATOR OBERACKER: I want to thank
9 Senator Hinchey for her answers and for her
10 insight.
11 I stand with our farmers and will
12 support any measures to help them reach more
13 customers. More and more people want to know
14 where their food is coming from, and a
15 farm-to-table concept is something that I embrace
16 and many are embracing here in upstate New York
17 and New York in general. So connecting with
18 farms and consumers can and would certainly help.
19 But not every farm markets to the
20 same population. And this one-size-fits-all
21 approach to me could be problematic, in that it
22 doesn't take into account some of those other
23 factors.
24 I'm also concerned about the
25 mechanics of the database, ensuring that it is
4314
1 accurate. I would feel that our farmers have
2 gone through enough stress coming out of COVID,
3 so for us to make sure that we have these
4 processes and these programs in place to make
5 sure it would be a seamless process would be very
6 encouraging.
7 I would also offer to see this as an
8 opt-in program like the Nourish New York program,
9 so that the farmers know what to expect.
10 And conceptually, this could be a
11 positive program, and I will be voting in favor
12 of this legislation. I hope that my questions
13 will maybe have the sponsor consider some
14 amendments to ensure that this will be successful
15 and meet the needs of our farmers.
16 And, Madam President, I will be
17 voting in the affirmative on this bill today.
18 Thank you, and thank you to the sponsor.
19 ACTING PRESIDENT MAYER: Are there
20 any other Senators wishing to be heard?
21 Seeing and hearing none, debate is
22 closed. The Secretary will ring the bell.
23 Read the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect on the 180th day after it
4315
1 shall have become a law.
2 ACTING PRESIDENT MAYER: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT MAYER: Senator
6 Hinchey to explain her vote.
7 SENATOR HINCHEY: Thank you,
8 Madam President.
9 As chair of the Agriculture
10 Committee, my primary job is to support our
11 farmers, hear their concerns and find ways to
12 solve those problems. This farm database bill is
13 a starting point to make sure that we can expand
14 markets for our farmers. With increasing costs,
15 we have to make sure that they are able to make
16 more money and to stay in business, because the
17 last thing we want is to have a failing
18 agriculture community and business across our
19 state. It is a cornerstone of our economy, and
20 it is central to many of our upstate communities.
21 This bill is, as I said, a starting
22 point to make sure that we can do that. It's
23 also supported by the Farm Bureau, because we
24 know that one of the best ways that we can
25 support farm-to-table and that we can make sure
4316
1 that more institutions, more school districts,
2 and more people are eating healthy, locally
3 sourced food is to connect them directly with our
4 farms. We want to make sure that all of that
5 money is staying here in New York State and that
6 we're supporting the ag businesses that are here.
7 So I'm incredibly excited about this
8 bill, about the farm database bill. I'm
9 incredibly excited about the opportunities that
10 we have to build it forward to make sure that it
11 does exactly what we say, to connect people to
12 the food that they should be eating that is grown
13 here in New York State.
14 For that reason, I'm incredibly
15 proud to sponsor this bill and will be voting
16 aye. Thank you, Madam President.
17 ACTING PRESIDENT MAYER: Senator
18 Hinchey to be recorded in the affirmative.
19 Announce the results.
20 THE SECRETARY: Ayes, 63.
21 ACTING PRESIDENT MAYER: The bill
22 is passed.
23 Senator Gaughran, that completes the
24 reading of the controversial calendar.
25 SENATOR GAUGHRAN: Madam President,
4317
1 let's return to motions and resolutions.
2 And on behalf of Senator Kavanagh,
3 on page 29 I offer the following amendments to
4 Calendar Number 999, Senate Print 2142, and ask
5 that said bill retain its place on the
6 Third Reading Calendar.
7 ACTING PRESIDENT MAYER: The
8 amendments are received, and the bill shall
9 retain its place on the Third Reading Calendar.
10 SENATOR GAUGHRAN: Madam President,
11 I offer the following amendments to my
12 legislation, Calendar Number 1482, Senate Print
13 Number 966A, and ask that said bill retain its
14 place on the Third Reading Calendar.
15 ACTING PRESIDENT MAYER: The
16 amendments are received, and the bill shall
17 retain its place on the Third Reading Calendar.
18 SENATOR GAUGHRAN: Madam President,
19 I move to amend Senate Bill Number 3467A by
20 striking out the amendments made on June 2nd and
21 restoring it to its previous print number, 3467B,
22 on behalf of Senator Mayer.
23 ACTING PRESIDENT MAYER: It is so
24 ordered.
25 SENATOR GAUGHRAN: Is there any
4318
1 further business at the desk, Madam President?
2 ACTING PRESIDENT MAYER: Senator
3 Gaughran, there is no further business at the
4 desk.
5 SENATOR GAUGHRAN: Hearing none, I
6 move to adjourn until Monday, June 7th, at
7 3:00 p.m., intervening days being legislative
8 days.
9 ACTING PRESIDENT MAYER: On motion,
10 the Senate stands adjourned until Monday,
11 June 7th, at 3:00 p.m., intervening days being
12 legislative days.
13 (Whereupon, at 2:24 p.m., the Senate
14 adjourned.)
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