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1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
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6
7
8
9 ALBANY, NEW YORK
10 February 6, 2023
11 3:59 p.m.
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13
14 REGULAR SESSION
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16
17
18 SENATOR JAMAAL T. BAILEY, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
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1 P R O C E E D I N G S
2 ACTING PRESIDENT BAILEY: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and recite the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT BAILEY: In the
9 absence of clergy, let us bow our heads in a
10 moment of silent reflection and/or prayer.
11 (Whereupon, the assemblage respected
12 a moment of silence.)
13 ACTING PRESIDENT BAILEY: The
14 reading of the Journal.
15 THE SECRETARY: In Senate, Friday,
16 February 3, 2023, the Senate met pursuant to
17 adjournment. The Journal of Thursday,
18 February 2, 2023, was read and approved. On
19 motion, the Senate adjourned.
20 ACTING PRESIDENT BAILEY: 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 Kennedy
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1 moves to discharge, from the Committee on Rules,
2 Assembly Bill Number 1004 and substitute it for
3 the identical Senate Bill 815, Third Reading
4 Calendar 24.
5 Senator Skoufis moves to discharge,
6 from the Committee on Rules, Assembly Bill
7 Number 627 and substitute it for the identical
8 Senate Bill 845, Third Reading Calendar 54.
9 Senator Rivera moves to discharge,
10 from the Committee on Rules, Assembly Bill
11 Number 2377 and substitute it for the identical
12 Senate Bill 1321, Third Reading Calendar 89.
13 Senator Bailey moves to discharge,
14 from the Committee on Rules, Assembly Bill
15 Number 630 and substitute it for the identical
16 Senate Bill 1323, Third Reading Calendar 91.
17 Senator Kennedy moves to discharge,
18 from the Committee on Rules, Assembly Bill
19 Number 1975 and substitute it for the identical
20 Senate Bill 1355, Third Reading Calendar 122.
21 Senator Skoufis moves to discharge,
22 from the Committee on Rules, Assembly Bill
23 Number 610 and substitute it for the identical
24 Senate Bill 2220, Third Reading Calendar 157.
25 Senator Parker moves to discharge,
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1 from the Committee on Rules, Assembly Bill
2 Number 987 and substitute it for the identical
3 Senate Bill 2225, Third Reading Calendar 162.
4 Senator Breslin moves to discharge,
5 from the Committee on Rules, Assembly Bill
6 Number 2201 and substitute it for the identical
7 Senate Bill 2228, Third Reading Calendar 165.
8 Senator Breslin moves to discharge,
9 from the Committee on Rules, Assembly Bill
10 Number 2207 and substitute it for the identical
11 Senate Bill 2231, Third Reading Calendar 168.
12 ACTING PRESIDENT BAILEY: So
13 ordered.
14 Messages from the Governor.
15 Reports of standing committees.
16 Reports of select committees.
17 Communications and reports from
18 state officers.
19 Motions and resolutions.
20 Senator Gianaris.
21 SENATOR GIANARIS: Mr. President,
22 let's go right to the reading of the calendar,
23 please.
24 ACTING PRESIDENT BAILEY: The
25 Secretary will read.
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1 THE SECRETARY: Calendar Number 24,
2 Assembly Print 1004, by Assemblymember Rivera, an
3 act to amend the Public Authorities Law.
4 ACTING PRESIDENT BAILEY: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT BAILEY: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT BAILEY: Announce
12 the results.
13 THE SECRETARY: In relation to
14 Calendar Number 24, voting in the negative:
15 Senator Walczyk.
16 Ayes, 50. Nays, 1.
17 ACTING PRESIDENT BAILEY: The bill
18 is passed.
19 THE SECRETARY: Oh, excuse me.
20 Also Senator Griffo. Ayes, 49. Nays, 2.
21 Also -- also Senator Lanza.
22 Ayes, 48. Nays, 3.
23 ACTING PRESIDENT BAILEY: The bill
24 is passed.
25 THE SECRETARY: Calendar Number 28,
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1 Senate Print 819, by Senator Cleare, an act to
2 amend the Public Health Law.
3 ACTING PRESIDENT BAILEY: Read the
4 last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect on the same date and in the
7 same manner as a chapter of the Laws of 2022.
8 ACTING PRESIDENT BAILEY: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT BAILEY: Announce
12 the results.
13 THE SECRETARY: In relation to
14 Calendar Number 28, those Senators voting in the
15 negative are Senators Gallivan, Griffo,
16 Oberacker, Ortt, O'Mara and Walczyk.
17 Ayes, 45. Nays, 6.
18 ACTING PRESIDENT BAILEY: The bill
19 is passed.
20 THE SECRETARY: Calendar Number 54,
21 Assembly Print 627, by Assemblymember Lunsford,
22 an act to amend the Public Health Law.
23 ACTING PRESIDENT BAILEY: Read the
24 last section.
25 THE SECRETARY: Section 3. This
747
1 act shall take effect on the same date and in the
2 same manner as a chapter of the Laws of 2022.
3 ACTING PRESIDENT BAILEY: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT BAILEY: Announce
7 the results.
8 THE SECRETARY: Ayes, 51.
9 ACTING PRESIDENT BAILEY: The bill
10 is passed.
11 THE SECRETARY: Calendar Number 89,
12 Assembly Print Number 2377, by Assemblymember
13 Eachus, an act to amend the Public Health Law and
14 the Social Services Law.
15 ACTING PRESIDENT BAILEY: Read the
16 last section.
17 THE SECRETARY: Section 6. This
18 act shall take effect on the same date and in the
19 same manner as a chapter of the Laws of 2022.
20 ACTING PRESIDENT BAILEY: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT BAILEY: Announce
24 the results.
25 THE SECRETARY: Ayes, 51.
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1 ACTING PRESIDENT BAILEY: The bill
2 is passed.
3 THE SECRETARY: Calendar Number 91,
4 Assembly Print 630, by Assemblymember Carroll, an
5 act to amend the Elder Law.
6 ACTING PRESIDENT BAILEY: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect on the same date and in the
10 same manner as a chapter of the Laws of 2022.
11 ACTING PRESIDENT BAILEY: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT BAILEY: Announce
15 the results.
16 THE SECRETARY: Ayes, 51.
17 ACTING PRESIDENT BAILEY: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 116, Senate Print 1348, by Senator Rivera, an act
21 to amend the Social Services Law.
22 ACTING PRESIDENT BAILEY: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect on the same date and in the
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1 same manner as a chapter of the Laws of 2022.
2 ACTING PRESIDENT BAILEY: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT BAILEY: Announce
6 the results.
7 THE SECRETARY: Ayes, 51.
8 ACTING PRESIDENT BAILEY: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 122, Assembly Print 1975, by Assemblymember
12 Bronson, an act to amend the Insurance Law.
13 ACTING PRESIDENT BAILEY: Read the
14 last section.
15 THE SECRETARY: Section 6. This
16 act shall take effect on the same date and in the
17 same manner as a chapter of the Laws of 2022.
18 ACTING PRESIDENT BAILEY: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT BAILEY: Announce
22 the results.
23 THE SECRETARY: Ayes, 51.
24 ACTING PRESIDENT BAILEY: The bill
25 is passed.
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1 THE SECRETARY: Calendar Number
2 157, Assembly Print 610, by Assemblymember
3 Paulin, an act to amend the Public Officers Law.
4 ACTING PRESIDENT BAILEY: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the same date and in the
8 same manner as a chapter of the Laws of 2022.
9 ACTING PRESIDENT BAILEY: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT BAILEY: Announce
13 the results.
14 THE SECRETARY: In relation to
15 Calendar Number 610, voting in the negative:
16 Senator Walczyk.
17 Ayes, 50. Nays, 1.
18 ACTING PRESIDENT BAILEY: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 162, Assembly Print Number 987, by
22 Assemblymember Sayegh, an act to amend the
23 Public Service Law and the Public Authorities
24 Law.
25 ACTING PRESIDENT BAILEY: Read the
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1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT BAILEY: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT BAILEY: Announce
8 the results.
9 THE SECRETARY: In relation to
10 Calendar Number 162, voting in the negative:
11 Senator Walczyk.
12 Ayes, 50. Nays, 1.
13 ACTING PRESIDENT BAILEY: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 165, Assembly Print Number 2201, by
17 Assemblymember Cruz, an act to amend the
18 Insurance Law and the Public Health Law.
19 ACTING PRESIDENT BAILEY: Read the
20 last section.
21 THE SECRETARY: Section 4. This
22 act shall take effect on the same date and in the
23 same manner as a chapter of the Laws of 2022.
24 ACTING PRESIDENT BAILEY: Call the
25 roll.
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1 (The Secretary called the roll.)
2 ACTING PRESIDENT BAILEY: Announce
3 the results.
4 THE SECRETARY: In relation to
5 Calendar Number 165, voting in the negative are
6 Senators O'Mara and Ortt.
7 Ayes, 49. Nays, 2.
8 ACTING PRESIDENT BAILEY: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 168, Assembly Print Number 2207, by
12 Assemblymember Eichenstein, an act to amend the
13 Insurance Law.
14 ACTING PRESIDENT BAILEY: Read the
15 last section.
16 THE SECRETARY: Section 3. This
17 act shall take effect on the 90th day after it
18 shall have become a law.
19 ACTING PRESIDENT BAILEY: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT BAILEY: Announce
23 the results.
24 THE SECRETARY: Ayes, 51.
25 ACTING PRESIDENT BAILEY: The bill
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1 is passed.
2 THE SECRETARY: Calendar Number
3 169, Assembly Print Number 1008, by
4 Assemblymember Ra, an act to amend a chapter of
5 the Laws of 2022.
6 ACTING PRESIDENT BAILEY: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect on the same date and in the
10 same manner as a chapter of the Laws of 2022.
11 ACTING PRESIDENT BAILEY: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT BAILEY: Senator
15 Martins to explain his vote.
16 SENATOR MARTINS: Thank you,
17 Mr. President.
18 I want to thank the sponsor for
19 proposing this bill. It's an important bill.
20 When our not-for-profits -- in this case, a
21 school district -- is forced to pay property
22 taxes, they have to take resources away from
23 other things in order to make that payment.
24 The opportunity they have to get
25 paid back for literally tens of thousands of
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1 dollars in tax payments that they should never
2 have made to begin with is an important part of
3 what we do here in our representing our local
4 school districts and suburban communities.
5 So I do want to thank the sponsor
6 for doing this. This particular school district
7 and this property happens to be in my district,
8 and so it's particularly important that -- to me,
9 that this was passed. And so I want to thank
10 Senator Thomas not only for carrying it, but
11 making sure it carried. And I want to thank all
12 my colleagues as well.
13 Mr. President, I vote aye.
14 ACTING PRESIDENT BAILEY: Senator
15 Martins to be recorded in the affirmative.
16 Announce the results.
17 THE SECRETARY: In relation to
18 Calendar Number 169, voting in the negative:
19 Senator O'Mara.
20 Ayes, 50. Nays, 1.
21 ACTING PRESIDENT BAILEY: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 171, Senate Print 2234, by Senator Hoylman-Sigal,
25 an act to amend the Domestic Relations Law.
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1 ACTING PRESIDENT BAILEY: Read the
2 last section.
3 THE SECRETARY: Section 7. This
4 act shall take effect on the same date and in the
5 same manner --
6 SENATOR GIANARIS: Lay the bill
7 aside for the day, please.
8 ACTING PRESIDENT BAILEY: The bill
9 will be laid aside for the day.
10 Senator Gianaris, that completes the
11 reading of today's calendar.
12 SENATOR GIANARIS: Okay. Is there
13 any further business at the desk?
14 ACTING PRESIDENT BAILEY: There is
15 no further business at the desk.
16 SENATOR GIANARIS: I move to
17 adjourn until tomorrow, Tuesday, February 7th, at
18 3:00 p.m.
19 ACTING PRESIDENT BAILEY: On
20 motion, the Senate stands adjourned until
21 Tuesday, February 7th, at 3:00 p.m.
22 (Whereupon, at 4:08 p.m., the Senate
23 adjourned.)
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