1356
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 March 15, 2023
11 3:44 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR JEREMY A. COONEY, 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 COONEY: 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 COONEY: We are
9 joined by Cantor Ari Rosenblum, from the
10 Jewish Federation & Foundation of
11 Rockland County, in West Nyack. He will provide
12 today's invocation.
13 Cantor.
14 CANTOR ROSENBLUM: Honorable
15 Senators, Madam Speaker, guests, it's a great
16 privilege for me to address this chamber, and I'm
17 very grateful to Senator Weber for this
18 opportunity.
19 I've often been inspired by the
20 writings of Rabbi Jonathan Sacks, of blessed
21 memory, but never more than when I read his
22 essays about Passover, which the Jewish community
23 will celebrate in a few weeks.
24 Rabbi Sacks described the unique
25 outcome of the freedom bestowed upon the Jewish
1358
1 people as they escaped slavery in Egypt. Only a
2 free people, he wrote, have the ability to
3 control and to sanctify their own time. A
4 slave controls nothing.
5 Liberty allows us to devote
6 ourselves not only to our mundane work, but also
7 to helping those who need our care, to planning
8 for the future, to engaging in kindness, and to
9 speak to the Almighty, praying and giving thanks
10 for all that we have. These endeavors both
11 continue and leave an indelible legacy for our
12 children to carry forward as they too grapple
13 with what it means to be free.
14 President Franklin Roosevelt
15 explained the concept in his famous Four Freedoms
16 speech 82 years ago. With the rights inherent in
17 freedom come commensurate responsibilities, and
18 this chamber is tasked with upholding them. With
19 freedom of speech comes the responsibility to
20 listen and to hear the needs of your
21 constituency. With freedom of belief comes the
22 responsibility to safeguard the rights of those
23 of all faiths, as well as those who follow
24 humanistic values. With freedom from want comes
25 the responsibility to help the vulnerable. And
1359
1 with freedom from fear comes the responsibility
2 to ensure the safety of our communities.
3 The Torah teaches us in Proverbs {in
4 Hebrew}. Through wisdom is a house built, and by
5 understanding it is established.
6 I conclude with this prayer. May
7 the Almighty grant you, our representatives, both
8 wisdom and understanding as you navigate our
9 freedoms and responsibilities, using every moment
10 of sacred time in this chamber to address the
11 needs of all New Yorkers.
12 Thank you.
13 ACTING PRESIDENT COONEY: The
14 reading of the Journal.
15 THE SECRETARY: In Senate, Tuesday,
16 March 14, 2023, the Senate met pursuant to
17 adjournment. The Journal of Monday, March 13,
18 2023, was read and approved. On motion, the
19 Senate adjourned.
20 ACTING PRESIDENT COONEY: 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 May moves
1360
1 to discharge, from the Committee on Corporations,
2 Authorities and Commissions, Assembly Bill
3 Number 4037 and substitute it for the identical
4 Senate Bill 4714, Third Reading Calendar 451.
5 ACTING PRESIDENT COONEY: So
6 ordered.
7 Messages from the Governor.
8 Reports of standing committees.
9 Reports of select committees.
10 Communications and reports from
11 state officers.
12 Motions and resolutions.
13 Senator Gianaris.
14 SENATOR GIANARIS: Thank you,
15 Mr. President. I move to adopt the
16 Resolution Calendar.
17 ACTING PRESIDENT COONEY: All those
18 in favor of adopting the Resolution Calendar
19 please signify by saying aye.
20 (Response of "Aye.")
21 ACTING PRESIDENT COONEY: Opposed?
22 (No response.)
23 ACTING PRESIDENT COONEY: The
24 Resolution Calendar is adopted.
25 Senator Gianaris.
1361
1 SENATOR GIANARIS: At this time,
2 Mr. President, can you recognize Senator Kennedy
3 for an introduction.
4 ACTING PRESIDENT COONEY: Senator
5 Kennedy for an introduction.
6 SENATOR KENNEDY: Thank you,
7 Mr. President.
8 I rise today to welcome two leaders
9 from Western New York to the Senate chambers. I
10 would ask them both to please stand and be
11 recognized.
12 Joining us today we have Niagara
13 Falls Mayor Robert Restaino, as well as an
14 exemplary member of our committee, Adam Perry.
15 Mayor Restaino was born and raised
16 in Niagara Falls and completed law school at the
17 University at Buffalo. He and his wife Diana
18 raised their own family in Niagara County and are
19 actively involved in civic and community
20 organizations across the entire region, including
21 the Niagara Falls Board of Elections, the Arts
22 and Cultural Center, the Boys and Girls Club,
23 just to name a few.
24 He's a strong voice for labor and
25 for the hardworking men and women in Niagara
1362
1 Falls. We're thrilled to have him here with us
2 today.
3 Our good friend Adam Perry also
4 joins us in chambers with the mayor. Adam is an
5 integral part of the Western New York community
6 and is a partner at Hodgson Russ LLP. His roots
7 extend deep in Buffalo and Western New York,
8 having attended Erie County Community College and
9 the University at Buffalo. He currently serves
10 as a board member and chair of the Niagara
11 Frontier Transportation Authority's Aviation
12 Committee.
13 And in 2021 he was appointed by
14 Speaker Heastie to serve on the Cannabis Control
15 Board, which oversees the licensing and
16 permitting for this new industry in New York.
17 The board is also tasked with implementing a
18 social equity plan to ensure that those
19 individuals harmed by drug laws in the past now
20 have a role in the legal cannabis industry.
21 Both Mayor Robert Restaino and
22 Adam Perry are moving our state forward and
23 building vibrant communities across New York. I
24 ask my colleagues to join me in welcoming them to
25 the Capitol today and recognizing them and their
1363
1 honorable work.
2 ACTING PRESIDENT COONEY: To our
3 guests, I welcome you on behalf of the Senate.
4 We extend to you the privileges and courtesies of
5 this house. Please rise and be recognized.
6 (Standing ovation.)
7 ACTING PRESIDENT COONEY: Senator
8 Gianaris.
9 SENATOR GIANARIS: Thank you.
10 Can we now take up previously
11 adopted Resolution 464, by Senator Kennedy, read
12 its title, and recognize Senator Kennedy.
13 ACTING PRESIDENT COONEY: The
14 Secretary will read.
15 THE SECRETARY: Senate Resolution
16 464, by Senator Kennedy, honoring St. Patrick and
17 all persons of Irish descent upon the occasion of
18 the 2023 celebration of St. Patrick's Day on
19 March 17, 2023.
20 ACTING PRESIDENT COONEY: Senator
21 Kennedy on the resolution.
22 SENATOR KENNEDY: Thank you very
23 much, Mr. President. I rise to honor
24 St. Patrick, who will be celebrated this Friday,
25 March 17th.
1364
1 St. Patrick is one of the patron
2 saints of Ireland. Tradition has it that Patrick
3 was captured from his home at age 16 by Irish
4 marauders and spent six years in captivity in the
5 province of Ulster, Ireland. During that time he
6 tended the livestock, but he also learned the
7 Irish language and customs and ultimately
8 experienced a religious awakening.
9 He eventually escaped his captors
10 and dedicated his life to studying religion in
11 France, where he was ordained a priest, and later
12 consecrated a bishop.
13 Years later, Patrick was sent back
14 to Ireland by Pope Celestine, where he tangled
15 with the Druids over his efforts to convert the
16 Irish to the Catholic faith.
17 But when we look around today, we
18 now see the impact he had in introducing the
19 presence of God into Irish life. It was that
20 very unwavering faith that earned Patrick not
21 only sainthood, but a lasting respect and sense
22 of gratitude from the Irish.
23 As an Irish-American myself whose
24 family came to the United States in search of a
25 better life many generations ago, St. Patrick's
1365
1 Day -- like to many of you -- is dear to my
2 heart. It's a day when we remember the struggles
3 of those who came before us, who fought for
4 freedom, who suffered in the face of famine, and
5 who ultimately built a strong, vibrant and
6 independent nation here in the United States of
7 America.
8 This weekend, hundreds of thousands
9 of New York City residents will gather for the
10 annual St. Patrick's Day Parade, and tens of
11 thousands of Western New Yorkers will join
12 together for both the Old Neighborhood
13 St. Patrick's Day Parade in the First Ward and
14 the Valley neighborhoods, as well as the downtown
15 parade on Sunday. And if you haven't been to
16 Buffalo, the capital of Irish America, consider
17 this an open invitation.
18 (Laughter.)
19 SENATOR KENNEDY: From Buffalo to
20 New York and everywhere in between, our great
21 state celebrates the cultures of the Irish
22 communities, the strength of the Irish pride, and
23 the indelible spirit of St. Patrick during this
24 time. If you know anything about the Irish, it's
25 that we will always have a seat at the table for
1366
1 more, and for everyone.
2 In the spirit of St. Patrick and all
3 those who paved a path forward for us, I wish all
4 of my colleagues a Happy St. Patrick's Day --
5 from where I come from, a Happy St. Patrick's
6 Month -- and good luck and good health today and
7 every day.
8 Thank you, Mr. President.
9 ACTING PRESIDENT COONEY: Thank
10 you, Senator Kennedy.
11 Senator Bailey on the resolution.
12 SENATOR BAILEY: Thank you,
13 Mr. President.
14 You know, Happy St. Patrick's Day to
15 all who are observing. St. Patrick's Month, to
16 all who are observing it -- apparently, Tim,
17 apparently that's a new thing.
18 But I'm the proud representative of
19 Woodlawn now. Woodlawn, in the City of New York,
20 in the Borough of the Bronx, is one of the if not
21 the largest Irish-density populations in the City
22 of New York.
23 And you know, before I was able to
24 represent it, you know, Senator Kennedy came
25 down. And there are only a couple of people in
1367
1 this chamber that know more people than you in
2 your own district. One is Senator Persaud. When
3 she comes to your district, she knows more people
4 than you in your district --
5 (Laughter.)
6 SENATOR BAILEY: -- and the other,
7 is Woodlawn, is Tim Kennedy. When I was walking
8 on Katonah Avenue and on the Emerald Isle -- in
9 front of the Emerald Isle Association,
10 Senator Kennedy seemed to know more people in my
11 district than I knew. And I think that it's a
12 testament to the -- I guess the diaspora of the
13 Irish.
14 But in all seriousness,
15 Mr. President, I think it's really important that
16 we recognize all cultures and all individuals in
17 this chamber.
18 And as a representative of Woodlawn,
19 I am proud to represent a burgeoning and growing
20 Irish community, and I look forward to
21 representing it for years to come. And I look
22 forward to being able to go from the Emerald Isle
23 to what they call, in the Bronx, the Emerald
24 Mile.
25 Thank you, Mr. President.
1368
1 ACTING PRESIDENT COONEY: Thank
2 you, Senator Bailey.
3 The resolution was previously
4 adopted on -- I'm so sorry. I would never
5 forget, never forget. Senator Mannion on the
6 resolution.
7 SENATOR MANNION: My apologies,
8 Mr. President. Thank you for acknowledging me.
9 And thank you, Senator Kennedy, for
10 again introducing this resolution this year.
11 I agree with everything he said
12 except in one regard, related to the -- what was
13 that again? The Irish were the -- what was that?
14 Yeah, capital, that was the right -- thank you,
15 Mr. Ryan --
16 (Laughter.)
17 SENATOR MANNION: -- Senator Ryan.
18 I appreciate that.
19 So as a proud Irishman and a kid who
20 grew up on an area called Tipperary Hill, a quick
21 anecdote, which is in 1925 there was a
22 streetlight that was placed up, at the advice of
23 Alderman John "Huckle" Ryan. We all have
24 nicknames on Tipperary Hill. I have mine, but
25 I'll reserve that for another day.
1369
1 And this green light was put up. It
2 was quickly reversed and turned over to put the
3 red on top, as it was not in compliance with
4 local law. But there was a group of individuals
5 called the Stone Throwers who took care of that
6 light.
7 The red light above the green, the
8 Irish at the time would say that this was a
9 symbolism of British domination over the Irish.
10 So they took their stones, referred to by some as
11 Irish confetti, and took out that light until it
12 was reversed. So that is an act of civil
13 disobedience, but an action that is referred to
14 in these days as "good trouble."
15 So from the kids of Avery Ave and
16 Ulster Street, I proudly vote aye.
17 ACTING PRESIDENT COONEY: Thank
18 you, Senator.
19 Senator Scarcella-Spanton on the
20 resolution.
21 SENATOR SCARCELLA-SPANTON: Thank
22 you, Mr. President.
23 And I want to thank Senator Kennedy
24 for this resolution.
25 You know, as a -- with the last name
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1 Scarcella-Spanton, it will shock a lot of you
2 that I'm actually 51 percent Irish. My mother is
3 a Sullivan; we grew up celebrating St. Patrick's
4 Day every single year. And that's truly where
5 our roots are.
6 The other day I had the privilege of
7 celebrating with the American-Irish legislators
8 here in Albany, and I felt truly at home. So
9 again, I just wanted to wish everybody a
10 wonderful St. Patrick's Day, and thank you again
11 for the resolution. As a proud -- my mother
12 here, Sharon Sullivan, would be very proud that
13 I'm standing on the floor announcing I am
14 51 percent Irish, so --
15 (Laughter.)
16 SENATOR SCARCELLA-SPANTON: So
17 thank you so much, everyone.
18 ACTING PRESIDENT COONEY: Thank
19 you, Senator.
20 The resolution was previously
21 adopted on February 28th.
22 Senator Gianaris.
23 SENATOR GIANARIS: Thank you,
24 Mr. President.
25 At the request of Senator Kennedy,
1371
1 this resolution is open for cosponsorship.
2 ACTING PRESIDENT COONEY: The
3 resolution is open for cosponsorship. Should you
4 choose not to be a cosponsor of the resolution,
5 please notify the desk.
6 Senator Gianaris.
7 SENATOR STEC: Let's take up the
8 reading of the calendar, please.
9 ACTING PRESIDENT COONEY: The
10 Secretary will read.
11 THE SECRETARY: Calendar Number
12 130, Senate Print 1316, by Senator Parker, an act
13 to amend the Public Service Law.
14 ACTING PRESIDENT COONEY: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT COONEY: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT COONEY: Announce
22 the results.
23 THE SECRETARY: In relation to
24 Calendar Number 130, those Senators voting in the
25 negative are Senators Borrello, Griffo, Helming,
1372
1 Mattera, Oberacker, O'Mara, Ortt and Walczyk.
2 Ayes, 54. Nays, 8.
3 ACTING PRESIDENT COONEY: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 172, Senate Print 545, by Senator Gianaris, an
7 act to amend the Urban Development Corporation
8 Act.
9 ACTING PRESIDENT COONEY: Read the
10 last section.
11 THE SECRETARY: Section 5. This
12 act shall take effect immediately.
13 ACTING PRESIDENT COONEY: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT COONEY: Announce
17 the results.
18 THE SECRETARY: Ayes, 62.
19 ACTING PRESIDENT COONEY: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 175, Senate Print 791, by Senator Comrie, an act
23 to amend the New York State Urban Development
24 Corporation Act.
25 ACTING PRESIDENT COONEY: Read the
1373
1 last section.
2 THE SECRETARY: Section 5. This
3 act shall take effect immediately.
4 ACTING PRESIDENT COONEY: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT COONEY: Announce
8 the results.
9 THE SECRETARY: In relation to
10 Calendar 175, those Senators voting in the
11 negative are Senators Oberacker, O'Mara, Ortt,
12 Palumbo, Stec and Walczyk.
13 Ayes, 56. Nays, 6.
14 ACTING PRESIDENT COONEY: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 178, Senate Print 1937, by Senator Comrie, an act
18 to amend the Public Authorities Law.
19 ACTING PRESIDENT COONEY: Read the
20 last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect immediately.
23 ACTING PRESIDENT COONEY: Call the
24 roll.
25 (The Secretary called the roll.)
1374
1 ACTING PRESIDENT COONEY: Announce
2 the results.
3 THE SECRETARY: Ayes, 62.
4 ACTING PRESIDENT COONEY: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 182, Senate Print 1907, by Senator Cooney, an act
8 to amend the State Finance Law.
9 ACTING PRESIDENT COONEY: Read the
10 last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect immediately.
13 ACTING PRESIDENT COONEY: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT COONEY: Announce
17 the results.
18 THE SECRETARY: In relation to
19 Calendar Number 182, those Senators voting in the
20 negative are Senators Ortt and Palumbo.
21 Ayes, 60. Nays, 2.
22 ACTING PRESIDENT COONEY: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 277, Senate Print 2420, by Senator Krueger, an
1375
1 act to amend the Legislative Law.
2 ACTING PRESIDENT COONEY: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT COONEY: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT COONEY: Announce
10 the results.
11 THE SECRETARY: In relation to
12 Calendar 277, those Senators voting in the
13 negative are Senators Ashby, Gallivan, Helming,
14 Murray, Oberacker, Ortt, Rhoads, Tedisco,
15 Walczyk, and Weik.
16 Ayes, 52. Nays, 10.
17 ACTING PRESIDENT COONEY: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 283, Senate Print 3406, by Senator Skoufis, an
21 act to amend the Public Officers Law.
22 ACTING PRESIDENT COONEY: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect on the 90th day after it
1376
1 shall have become a law.
2 ACTING PRESIDENT COONEY: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT COONEY: Announce
6 the results.
7 THE SECRETARY: Ayes, 62.
8 ACTING PRESIDENT COONEY: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 295, Senate Print 521, by Senator Comrie, an act
12 to repeal subdivision 6 of Section 51 of the
13 Public Authorities Law.
14 ACTING PRESIDENT COONEY: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT COONEY: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT COONEY: Announce
22 the results.
23 THE SECRETARY: Ayes, 62.
24 ACTING PRESIDENT COONEY: The bill
25 is passed.
1377
1 THE SECRETARY: Calendar Number
2 308, Senate Print 2862, by Senator Martinez, an
3 act to amend the Real Property Tax Law.
4 ACTING PRESIDENT COONEY: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT COONEY: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT COONEY: Announce
12 the results.
13 THE SECRETARY: Ayes, 62.
14 ACTING PRESIDENT COONEY: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 309, Senate Print 1413, by Senator Hinchey, an
18 act to amend the Environmental Conservation Law.
19 ACTING PRESIDENT COONEY: Read the
20 last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect on the first of April.
23 ACTING PRESIDENT COONEY: Call the
24 roll.
25 (The Secretary called the roll.)
1378
1 ACTING PRESIDENT COONEY: Announce
2 the results.
3 THE SECRETARY: In relation to
4 Calendar 309, those Senators voting in the
5 negative are Senators Martins, Rhoads, Weber and
6 Weik.
7 Ayes, 58. Nays, 4.
8 ACTING PRESIDENT COONEY: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 316, Senate Print 3365, by Senator Harckham, an
12 act to amend the Environmental Conservation Law.
13 ACTING PRESIDENT COONEY: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT COONEY: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT COONEY: Announce
21 the results.
22 THE SECRETARY: Ayes, 62.
23 ACTING PRESIDENT COONEY: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
1379
1 322, Senate Print 261, by Senator Serrano, an act
2 to amend the Parks, Recreation and Historic
3 Preservation Law.
4 ACTING PRESIDENT COONEY: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT COONEY: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT COONEY: Announce
12 the results.
13 THE SECRETARY: Ayes, 62.
14 ACTING PRESIDENT COONEY: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 360, Senate Print 2389, by Senator Myrie, an act
18 to amend the Real Property Actions and
19 Proceedings Law.
20 ACTING PRESIDENT COONEY: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the 120th day after it
24 shall have become a law.
25 ACTING PRESIDENT COONEY: Call the
1380
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT COONEY: Announce
4 the results.
5 THE SECRETARY: In relation to
6 Calendar Number 360, those Senators voting in the
7 negative are Senators Ashby, Borrello,
8 Canzoneri-Fitzpatrick, Felder, Gallivan, Griffo,
9 Helming, Lanza, Martins, Mattera, Murray,
10 Oberacker, O'Mara, Ortt, Palumbo, Rhoads,
11 Rolison, Stec, Tedisco, Walczyk, Weber and Weik.
12 Ayes, 40. Nays, 22.
13 ACTING PRESIDENT COONEY: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 362, Senate Print 3260, by Senator Hoylman-Sigal,
17 an act to amend the Estates, Powers and Trusts
18 Law.
19 ACTING PRESIDENT COONEY: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT COONEY: Call the
24 roll.
25 (The Secretary called the roll.)
1381
1 ACTING PRESIDENT COONEY: Announce
2 the results.
3 THE SECRETARY: In relation to
4 Calendar Number 362, those Senators voting in the
5 negative are Senators Martins, Rhoads and Weik.
6 Ayes, 59. Nays, 3.
7 ACTING PRESIDENT COONEY: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 390, Senate Print 4644, by Senator Kennedy, an
11 act to amend the Executive Law.
12 ACTING PRESIDENT COONEY: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT COONEY: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT COONEY: Announce
20 the results.
21 THE SECRETARY: In relation to
22 Calendar 390, those Senators voting in the
23 negative are Senators Martins, O'Mara, Walczyk
24 and Weik.
25 Ayes, 58. Nays, 4.
1382
1 ACTING PRESIDENT COONEY: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 397, Senate Print 2028, by Senator Addabbo, an
5 act to amend the Real Property Tax Law.
6 ACTING PRESIDENT COONEY: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT COONEY: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT COONEY: Senator
14 Weber to explain his vote.
15 SENATOR WEBER: I want to thank
16 Senator Addabbo for sponsoring this very
17 important bill. I'm proud to have been a
18 cosponsor on this bill as well. I've heard from
19 a lot of veterans groups in Rockland County,
20 including a lot of disabled veterans, who really
21 appreciate the fact that, you know, this bill has
22 finally moved forward.
23 And I proudly vote aye for this
24 bill.
25 ACTING PRESIDENT COONEY: Thank
1383
1 you, Senator Weber.
2 Senator Scarcella-Spanton to explain
3 her vote.
4 SENATOR SCARCELLA-SPANTON: Thank
5 you, Mr. President.
6 I wanted to commend Senator Addabbo
7 on this piece of legislation.
8 It's incredibly important to our
9 veteran families to be on par especially with our
10 neighboring states. New Jersey actually has a
11 100 percent tax exemption for 100 percent
12 disabled veterans. It makes sense, if we want to
13 retain and attract veteran families here in
14 New York State, to do the same.
15 I do want to commend -- you know, I
16 know in New York City they have a staggered
17 system. So the -- depending on what your
18 disability rating is, you always will have some
19 form of a property tax reduction, which is
20 important to make sure we keep in place.
21 But I think that this is a wonderful
22 step in helping veteran families, and again I
23 wanted to commend and thank Senator Addabbo for
24 his work on this. And I will be proudly voting
25 aye.
1384
1 ACTING PRESIDENT COONEY: Senator
2 Scarcella-Spanton and Senator Weber to be
3 recorded in the affirmative.
4 Announce the results.
5 THE SECRETARY: Ayes, 63.
6 ACTING PRESIDENT COONEY: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 406, Senate Print 4041, by Senator Mayer, an act
10 to amend the Education Law.
11 ACTING PRESIDENT COONEY: Read the
12 last section.
13 THE SECRETARY: Section 7. This
14 act shall take effect immediately.
15 ACTING PRESIDENT COONEY: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT COONEY: Announce
19 the results.
20 THE SECRETARY: Ayes, 63.
21 ACTING PRESIDENT COONEY: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 409, Senate Print 2997, by Senator Rivera, an act
25 to amend the Civil Practice Law and Rules.
1385
1 ACTING PRESIDENT COONEY: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT COONEY: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT COONEY: Announce
9 the results.
10 THE SECRETARY: In relation to
11 Calendar 409, those Senators voting in the
12 negative are Senators Ashby, Griffo, Helming,
13 Martins, Oberacker, Ortt, Palumbo, Rhoads, Stec,
14 Tedisco, Walczyk and Weber. Also Senator
15 Canzoneri-Fitzpatrick.
16 Ayes, 50. Nays, 13.
17 ACTING PRESIDENT COONEY: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 436, Senate Print 485, by Senator Comrie, an act
21 to amend the Public Authorities Law.
22 ACTING PRESIDENT COONEY: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
1386
1 ACTING PRESIDENT COONEY: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT COONEY: Announce
5 the results.
6 THE SECRETARY: Ayes, 63.
7 ACTING PRESIDENT COONEY: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 440, Senate Print 4128, by Senator Mannion, an
11 act to amend the Vehicle and Traffic Law.
12 ACTING PRESIDENT COONEY: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the 120th day after it
16 shall have become a law.
17 ACTING PRESIDENT COONEY: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT COONEY: Senator
21 Mannion to explain his vote.
22 SENATOR MANNION: Thank you,
23 Mr. President.
24 Very briefly, we can pay our
25 electrical bills or we can pay our water bills
1387
1 online, it's easy to do. But when it comes to
2 something like a traffic violation, we cannot
3 do -- we can do that, but there is a
4 misconception in some of the courts that we can't
5 do it. So this bill is there to provide clarity
6 to all the courts in that that can be done.
7 I don't believe that throwing a
8 stone at a traffic light and breaking out a light
9 would fall under this heading. But if it were, I
10 would be supportive of it.
11 I proudly vote aye. Thank you.
12 ACTING PRESIDENT COONEY: Senator
13 Mannion to be recorded in the affirmative.
14 Announce the results.
15 THE SECRETARY: Ayes, 63.
16 ACTING PRESIDENT COONEY: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 444, Senate Print 1898, by Senator Stavisky, an
20 act to amend the Tax Law and the State Finance
21 Law.
22 ACTING PRESIDENT COONEY: Read the
23 last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
1388
1 ACTING PRESIDENT COONEY: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT COONEY: Announce
5 the results.
6 THE SECRETARY: Ayes, 63.
7 ACTING PRESIDENT COONEY: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 445, Senate Print 3387, by Senator Krueger, an
11 act to amend the Executive Law.
12 ACTING PRESIDENT COONEY: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the 90th day after it
16 shall have become a law.
17 ACTING PRESIDENT COONEY: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT COONEY: Announce
21 the results.
22 THE SECRETARY: Ayes, 63.
23 ACTING PRESIDENT COONEY: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
1389
1 449, Senate Print 1394, by Senator Liu, an act to
2 amend Chapter 802 of the Laws of 1947.
3 ACTING PRESIDENT COONEY: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect upon the enactment into law
7 by the State of New Jersey.
8 ACTING PRESIDENT COONEY: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT COONEY: Announce
12 the results.
13 THE SECRETARY: In relation to
14 Calendar 449, those Senators voting in the
15 negative are Senators Ashby, Borrello, Gallivan,
16 Griffo, Helming, Lanza, Mattera, Murray,
17 Oberacker, Ortt, Palumbo, Rhoads, Rolison, Stec,
18 Tedisco, Walczyk, Weber and Weik. Also Senator
19 O'Mara.
20 Ayes, 44. Nays, 19.
21 ACTING PRESIDENT COONEY: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 451, Assembly Print 4037, by Assemblymember
25 Hunter, an act to amend the Not-For-Profit
1390
1 Corporation Law.
2 ACTING PRESIDENT COONEY: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT COONEY: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT COONEY: Announce
10 the results.
11 THE SECRETARY: Ayes, 63.
12 ACTING PRESIDENT COONEY: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 452, Senate Print 126, by Senator Ryan, an act to
16 amend the Executive Law.
17 ACTING PRESIDENT COONEY: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT COONEY: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT COONEY: Announce
25 the results.
1391
1 THE SECRETARY: In relation to
2 Calendar Number 452, voting in the negative:
3 Senator Skoufis.
4 Ayes, 62. Nays, 1.
5 ACTING PRESIDENT COONEY: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 457, Senate Print 371, by Senator Gianaris, an
9 act to amend the Election Law.
10 SENATOR LANZA: Lay it aside.
11 ACTING PRESIDENT COONEY: Lay it
12 aside.
13 Senator Gianaris, that completes the
14 reading.
15 SENATOR GIANARIS: Can we move on
16 to the controversial calendar, please.
17 ACTING PRESIDENT COONEY: The
18 Secretary will ring the bell.
19 The Secretary will read.
20 THE SECRETARY: Calendar Number
21 457, Senate Print 371, by Senator Gianaris, an
22 act to amend the Election Law.
23 ACTING PRESIDENT COONEY: Senator
24 Martins, why do you rise?
25 SENATOR MARTINS: Thank you. Thank
1392
1 you, Mr. President.
2 Would the sponsor yield for a
3 question -- for a few questions.
4 ACTING PRESIDENT COONEY: Will the
5 sponsor yield?
6 SENATOR GIANARIS: Definitely.
7 ACTING PRESIDENT COONEY: The
8 sponsor yields.
9 SENATOR MARTINS: Thank you. Thank
10 you, Mr. President. Thank you, Senator Gianaris.
11 I was wondering if the sponsor could
12 provide us with a definition for "foreign
13 national." I didn't see one in the bill, and I
14 think it's very important in the context of a
15 bill such as this that we are very precise in
16 those who we would choose to affect.
17 SENATOR GIANARIS: And I appreciate
18 that, Senator Martins; this was during his time
19 off from the Senate that we passed this bill the
20 last couple of years, so I'm happy to answer
21 questions that he might have.
22 A foreign national is simply someone
23 who's not an American citizen and is defined in
24 federal law as someone who's prohibited from
25 making political contributions in any federal or
1393
1 state election.
2 SENATOR MARTINS: Thank you.
3 Mr. President, if the sponsor would
4 continue to yield for questions.
5 ACTING PRESIDENT COONEY: Will the
6 sponsor yield?
7 SENATOR GIANARIS: Yes.
8 ACTING PRESIDENT COONEY: The
9 sponsor yields.
10 SENATOR MARTINS: Thank you. And
11 thank you, Senator Gianaris. It's good to be
12 back, and happy to have the conversation and the
13 dialogue today.
14 Would -- in your definition of
15 "foreign national," would that include permanent
16 residents of the United States?
17 SENATOR GIANARIS: There is a
18 definition that the federal government uses for
19 individuals who are prohibited from engaging in
20 political campaigns in federal or state
21 elections. So that's what that term refers to.
22 SENATOR MARTINS: Thank you.
23 Mr. President, through you, if the
24 sponsor would continue to yield.
25 ACTING PRESIDENT COONEY: Will the
1394
1 sponsor yield?
2 SENATOR GIANARIS: Yes.
3 ACTING PRESIDENT COONEY: The
4 sponsor yields.
5 SENATOR MARTINS: But for purposes
6 of clarity, Mr. President, I was hoping the
7 sponsor would provide us, before we're asked to
8 vote on this, with a definition of whether or not
9 a foreign national includes those residents who
10 are here legally in the United States who are
11 still foreign nationals and are here legally.
12 Some people refer to them as illegal
13 aliens, some people refer to them as green-card
14 holders. I prefer to refer to them as permanent
15 residents.
16 Mr. President, if the sponsor could
17 perhaps provide clarity on that issue before
18 we're asked to vote on this bill.
19 SENATOR GIANARIS: Yes,
20 Mr. President. I will read the federal
21 definition that I was referring to. It is in
22 22 USC Section 611. The definition of foreign
23 national includes natural persons who are not
24 citizens, nationals, or lawful permanent
25 residents of the United States, and all foreign
1395
1 principals as defined in the Foreign Agent
2 Registration Act.
3 I'm sorry, the cite I gave you was
4 the Foreign Agent Registration Act. What I was
5 reading from was 50 USC Section 30-121.
6 SENATOR MARTINS: Thank you.
7 Mr. President, through you, if the
8 sponsor would continue to yield.
9 ACTING PRESIDENT COONEY: Will the
10 sponsor yield?
11 SENATOR GIANARIS: Yes.
12 ACTING PRESIDENT COONEY: The
13 sponsor yields.
14 SENATOR MARTINS: Well, thank you.
15 And I want to thank the sponsor for that, because
16 that is obviously very important. We do have
17 immigrants to our country and here in New York
18 State who are fundamental to our communities and
19 to our business communities and do own interests
20 in corporations in our communities, and we have
21 to be very careful and precise that we're not
22 going to disenfranchise anyone who would
23 participate in the political process.
24 What I would ask, though, is if a
25 person who is not a permanent lawful resident
1396
1 owns 1 percent of a corporation, this bill would
2 prohibit the other 99 percent of the owners of
3 that corporation to participate through the
4 corporation in the political process by making a
5 donation, is that correct?
6 SENATOR GIANARIS: Yes. But the
7 operative words that you use are "through the
8 corporation." Those people of course are free to
9 give contributions as individuals as they see
10 fit.
11 SENATOR MARTINS: Mr. President,
12 through you, if the sponsor would continue to
13 yield.
14 ACTING PRESIDENT COONEY: Will the
15 sponsor yield?
16 SENATOR GIANARIS: Yes.
17 ACTING PRESIDENT COONEY: The
18 sponsor yields.
19 SENATOR MARTINS: I'm curious if
20 the sponsor is aware that there are times where
21 you do have permanent residents who are here,
22 they start a corporation, they build a company
23 and then, in instances where they do sometimes
24 return to the country of their birth, there is a
25 process by which they lose their permanent
1397
1 resident status. Is the sponsor aware of that?
2 SENATOR GIANARIS: I'm sure that
3 happens.
4 SENATOR MARTINS: And
5 Mr. President, through you, if the sponsor would
6 continue to yield.
7 ACTING PRESIDENT COONEY: Will the
8 sponsor yield?
9 SENATOR GIANARIS: Yes.
10 ACTING PRESIDENT COONEY: The
11 sponsor yields.
12 SENATOR MARTINS: So in instances
13 where someone comes here, starts a company,
14 perhaps raises a family, builds the company and
15 passes that company on to their children but
16 retains an ownership interest in the company and
17 goes back, that company would no longer be able
18 to participate in the process and support their
19 local candidates simply because the principal who
20 started the company no longer is a lawful
21 permanent resident, although they were here
22 properly, and they went back to their country of
23 birth.
24 Or somewhere else where they didn't
25 come back to the United States with enough time
1398
1 to maintain their lawful permanent residence. Is
2 that the intent of the bill?
3 SENATOR GIANARIS: Yes. I mean,
4 these are people who are prohibited by federal
5 law from giving individually, and what we're
6 trying to do is make sure that they don't find a
7 way around those restrictions by giving through a
8 corporation instead.
9 SENATOR MARTINS: Mr. President,
10 through you, if the sponsor would continue to
11 yield.
12 ACTING PRESIDENT COONEY: Will the
13 sponsor yield?
14 SENATOR GIANARIS: Yes.
15 ACTING PRESIDENT COONEY: The
16 sponsor yields.
17 SENATOR MARTINS: And yet if that
18 person only owns 1 percent, 1 percent of that
19 corporation -- without any ability to elect
20 boards of directors, members, or to otherwise
21 influence the trajectory of the company on a
22 day-to-day basis -- merely the ownership of
23 1 percent of that corporation would prevent that
24 corporation from being involved in this process,
25 isn't that correct?
1399
1 SENATOR GIANARIS: Well, I mean,
2 your characterization is incorrect, but your
3 conclusion is correct. The idea that someone who
4 owns more than 1 percent of a corporation cannot
5 influence their decision-making is mistaken.
6 SENATOR MARTINS: Mr. President,
7 through you, if the sponsor would continue to
8 yield.
9 ACTING PRESIDENT COONEY: Will the
10 sponsor yield?
11 SENATOR GIANARIS: Yes.
12 ACTING PRESIDENT COONEY: The
13 sponsor yields.
14 SENATOR MARTINS: So this bill
15 would apply not only to the largest corporations
16 in New York and in the country, but also to the
17 smallest corporations. It's indiscriminate in
18 terms of size, in terms of capacity, number of
19 shareholders and the like, isn't that correct?
20 SENATOR GIANARIS: Yes.
21 SENATOR MARTINS: Perhaps --
22 Mr. President, through you, if the sponsor would
23 continue to yield.
24 ACTING PRESIDENT COONEY: Will the
25 sponsor yield?
1400
1 SENATOR GIANARIS: Yes.
2 ACTING PRESIDENT COONEY: The
3 sponsor yields.
4 SENATOR MARTINS: Normally in
5 New York when we deal with corporations it does
6 require a majority of the shareholders in the
7 corporation to be able to appoint boards, members
8 to the boards of directors, who in turn would
9 elect or choose or appoint the officers of the
10 corporation. Are you familiar with that
11 structure?
12 SENATOR GIANARIS: If the Senator
13 is asking me if I'm familiar with a structure
14 where a majority rules, yes, we live under that
15 structure here every single day.
16 (Laughter.)
17 SENATOR MARTINS: Thank you,
18 Mr. President. I appreciate that answer very
19 much. If the sponsor would continue to yield.
20 ACTING PRESIDENT COONEY: Will the
21 sponsor yield?
22 SENATOR GIANARIS: Yes.
23 ACTING PRESIDENT COONEY: The
24 sponsor yields.
25 SENATOR MARTINS: And yet it would
1401
1 be the sponsor's position that -- if I'm
2 correct -- that 1 percent -- and if you're going
3 to extrapolate that to this body, a single member
4 would have the ability to change policy and
5 decisions in this body. And although we
6 understand that that may not necessarily work
7 here, I'm curious as to how the sponsor would
8 expect that to work in a corporate setting, since
9 he made the analogy to this body. How would it
10 work in a corporate setting?
11 SENATOR GIANARIS: Well, it clearly
12 works that way on this side of the aisle where an
13 individual member can influence the decisions
14 made on behalf of the Majority Conference. I
15 can't speak for yourself and your colleagues,
16 Senator Martins. That's up to you all to figure
17 out how to get influence over the direction of
18 the Senate when you constitute such a small
19 percentage of it.
20 But as it relates to corporations,
21 the issue is that we are trying to combat a
22 process whereby we know there's a problem with
23 foreign influence. Every day we know of growing
24 concern, particularly through the influence of
25 social media, where countries looking to do us
1402
1 harm -- Russia, most notably -- have engaged in
2 election interference by spending money that
3 would be prohibited under this legislation, to
4 take ads and to create misinformation for voters
5 and to influence the outcome of the elections.
6 So yes, if a company has 49 percent
7 of its ownership connected to that kind of an
8 entity, I would not want them participating in
9 our political process.
10 SENATOR MARTINS: Mr. President,
11 will the sponsor continue to yield.
12 ACTING PRESIDENT COONEY: Will the
13 sponsor yield?
14 SENATOR GIANARIS: Yes.
15 ACTING PRESIDENT COONEY: The
16 sponsor yields.
17 SENATOR MARTINS: Well, we didn't
18 talk about 49 percent, we talked about 1 percent.
19 And the other 99 percent would be U.S. citizens
20 or resident aliens, per the definition that you
21 provided earlier in the federal code.
22 And so that 1 percent, not the
23 49 percent -- and so if you could answer the
24 question whether or not that 1 percent you
25 believe in a corporate setting, even those
1403
1 settings that are mom and pop, family-owned
2 businesses, that 1 percent prohibits that
3 corporation from getting involved in this
4 process. I just want to make sure that's what
5 you want through this bill, and anyone who will
6 be voting for it.
7 SENATOR GIANARIS: Yes, that is
8 absolutely what I want.
9 SENATOR MARTINS: So,
10 Mr. President, if the sponsor would continue to
11 yield.
12 ACTING PRESIDENT COONEY: Will the
13 sponsor yield?
14 SENATOR GIANARIS: Yes.
15 ACTING PRESIDENT COONEY: The
16 sponsor yields.
17 SENATOR MARTINS: I thank you for
18 the courtesy, Senator Gianaris.
19 In the bill there is a reference to
20 "directly and indirectly." And I'm curious -- I
21 certainly understand the concept of "directly."
22 Perhaps you can provide us with your
23 understanding of what you mean by "indirectly."
24 SENATOR GIANARIS: Can you point me
25 to the line in the bill you're talking about.
1404
1 SENATOR MARTINS: Well, there are a
2 few of them, Senator. But Mr. President, through
3 you, I'll be happy to do so.
4 If you look at Section 3, which is
5 on the second page, line 17 -- 16 into 17,
6 "directly or indirectly."
7 There's also another provision on
8 page 3, at line 10, directly or indirectly -- or
9 "direct or indirect." There's also one on page 3
10 in line 25 where it says "directly or
11 indirectly."
12 It's in several places in the bill.
13 And again, when we're talking about the position
14 of a bill such as this and the importance of
15 having clarity when we're talking about
16 prohibiting people's participation in the
17 political process and what many consider to be
18 free speech -- Mr. President, through you, I'd
19 ask the sponsor if he would provide us with his
20 understanding of what he means by "indirect" or
21 "indirectly."
22 SENATOR GIANARIS: I'd be happy to
23 do that. And I appreciate Senator Martins is
24 concerned with preserving Vladimir Putin's free
25 speech rights in the United States.
1405
1 But "indirect" is -- the word
2 "indirect" is simply meant to guard against
3 someone who might, for example, set up multiple
4 entities through which to exert their influence.
5 So if you -- well, not you, because you're an
6 American citizen, right? But if someone who is a
7 foreign national set up an LLC and then that LLC
8 then purchased ownership rights in another
9 company, that's the indirect influence that we're
10 talking about.
11 Indirect ownership I think is what
12 the language says, and that's what we're talking
13 about.
14 SENATOR MARTINS: Mr. President,
15 through you, if the sponsor would continue to
16 yield.
17 ACTING PRESIDENT COONEY: Will the
18 sponsor yield?
19 SENATOR GIANARIS: Yes.
20 ACTING PRESIDENT COONEY: The
21 sponsor yields.
22 SENATOR MARTINS: So if I'm
23 correct, this bill would not prohibit the family
24 members of any elected officials receiving
25 payments from foreign countries or foreign
1406
1 nationals while that elected official is in
2 office, that -- this bill wouldn't address that,
3 would it?
4 SENATOR GIANARIS: I don't
5 understand the question. You said a family
6 member of an elected official --
7 SENATOR MARTINS: Let me -- let
8 me -- let me just -- Mr. President, through you,
9 I'll clarify. And again, I thank the sponsor for
10 his courtesies in answering these questions.
11 But this bill would not stop
12 somebody, say, who was a -- the son of a sitting
13 vice president of the United States, this
14 wouldn't stop that person from receiving payments
15 from a foreign entity or a foreign country or a
16 foreign company while their parent, relative,
17 brother, sister -- you know, the person in
18 their immediate family is in a position of
19 elective office, this bill would do nothing with
20 regard to prohibiting that for places like the
21 Ukraine or China or any other country in the
22 world, right, Senator?
23 SENATOR GIANARIS: No, this bill
24 addresses an entirely different topic. So it
25 also doesn't address -- let's say, for example, I
1407
1 don't know, a sitting Congressman who got elected
2 by lying to his constituents sitting in office.
3 But somehow your district happens to be
4 represented by one of those people.
5 So if you want to put in bills to
6 address any of these other unrelated extraneous
7 topics, feel free, and we'll consider it. But
8 this bill, this is dealing with a completely
9 different topic.
10 SENATOR MARTINS: Thank you.
11 Mr. President, just a -- just a few
12 more questions. I appreciate the Senator's
13 indulgence and his courtesies. If he can
14 consider -- continue to yield.
15 ACTING PRESIDENT COONEY: Will the
16 sponsor yield?
17 SENATOR GIANARIS: Of course.
18 ACTING PRESIDENT COONEY: The
19 sponsor yields.
20 SENATOR MARTINS: Thank you.
21 So would this bill prohibit the
22 participation in the electoral process or the
23 political process by anyone in -- in other means
24 other than by the payment of a contribution?
25 SENATOR GIANARIS: I suppose it
1408
1 would also limit direct spending in the form of
2 independent expenditures.
3 But I think in New York now you're
4 required to have an independent expenditure
5 committee through which that money is spent. So
6 I guess it's only relevant to those who make
7 contributions to such committees.
8 SENATOR MARTINS: I appreciate
9 that.
10 Mr. President, through you, if the
11 sponsor would continue to yield and I'll try and
12 clarify.
13 ACTING PRESIDENT COONEY: Will the
14 sponsor yield?
15 SENATOR GIANARIS: Yes.
16 ACTING PRESIDENT COONEY: The
17 sponsor yields.
18 SENATOR MARTINS: Thank you.
19 You know, there are multiple ways to
20 contribute, I believe, to a political campaign.
21 One is through the payment of money and a check
22 and a contribution. Others are by people who
23 volunteer for the campaign and provide what we
24 may consider volunteer service, sweat equity,
25 whatever it happens to be, for the candidate of
1409
1 their choice.
2 Would this bill prohibit somebody
3 who is a foreign national from volunteering on a
4 campaign and from participating in the electoral
5 process -- not by payment of a check but, you
6 know, hours and days and weeks of working on
7 behalf of a campaign or a candidate for elective
8 office?
9 SENATOR GIANARIS: Well, a
10 corporation does not volunteer, an individual
11 volunteers. So I don't believe it would restrict
12 that activity.
13 SENATOR MARTINS: But the foreign
14 national -- Mr. President, I apologize. Through
15 you, if the sponsor would continue to yield.
16 ACTING PRESIDENT COONEY: Will the
17 sponsor yield?
18 SENATOR GIANARIS: Yes.
19 ACTING PRESIDENT COONEY: The
20 sponsor yields.
21 SENATOR MARTINS: But there is
22 value, wouldn't you say, in people volunteering
23 for a campaign and getting involved in the
24 political process that sometimes is far more
25 important to the electoral success of a campaign
1410
1 than simply the payment of money?
2 SENATOR GIANARIS: Certainly. It
3 depends how much money, I suppose. But yes.
4 (Laughter.)
5 SENATOR MARTINS: That is true.
6 Mr. President, through you, if the
7 sponsor would continue to yield.
8 ACTING PRESIDENT COONEY: Will the
9 sponsor yield?
10 SENATOR GIANARIS: Yes.
11 ACTING PRESIDENT COONEY: The
12 sponsor yields.
13 SENATOR MARTINS: So if we have
14 people who -- again, it's not a corporation, it's
15 a foreign national who decides that they want to
16 volunteer, should they be prohibited from
17 volunteering on a campaign and influencing a
18 corporation or the results of a corporation
19 simply because they want to volunteer? They're
20 not cutting a check, don't get me wrong, they're
21 actually volunteering, working on a campaign,
22 walking door to door, knocking on doors, making
23 phone calls -- the kinds of things that we all
24 know we do as part of the electoral process.
25 Would that be prohibited as part of this bill?
1411
1 SENATOR GIANARIS: Not unless it's
2 already prohibited by federal law, which already
3 restricts the ability of foreign nationals to
4 participate in the political process.
5 So if 50 USC Section 301-21
6 prohibits that, then it's prohibited. And if it
7 doesn't, then it's not prohibited.
8 But we are not addressing that. We
9 are taking the federal government's restriction
10 on foreign nationals participating in the
11 political process and just trying to make sure
12 that we don't have some loophole where they can
13 do so through a corporate entity.
14 SENATOR MARTINS: Mr. President, I
15 thank the sponsor for his answers.
16 On the bill.
17 ACTING PRESIDENT COONEY: Senator
18 Martins on the bill.
19 SENATOR MARTINS: You know, in the
20 preamble to this bill it says that New York's
21 elections should be decided by the people of
22 New York. And I happen to agree with that
23 sentiment very much.
24 I think we all have to understand
25 what does it mean to be the people of New York.
1412
1 Are the people of New York just those people who
2 are living here, who are resident aliens or
3 permanent residents or whatever term anyone
4 particularly chooses?
5 But I think the people of New York
6 is broader than that. And so once we start
7 restricting the ability of people to participate
8 in the process, I'm concerned about that.
9 You know, I've mentioned it in the
10 past, but my parents emigrated here from
11 Portugal. Dad and Mom came over, eventually Dad
12 started a business. He was a permanent resident
13 when he did that. He opened the business, the
14 business is still with us. My dad is not.
15 But if my dad had chosen to leave
16 and go back to Portugal and lost his permanent
17 resident status and my brothers and family
18 members who are owners of that company choose not
19 to, we would not have the recourse of being able
20 to have a voice through our own family business.
21 And I think that's an unintended
22 consequence -- at least I hope that's an
23 unintended consequence and not an intended
24 consequence of a bill such as this. That we
25 would not allow people who have made their lives
1413
1 here, raised their families here, invested in
2 companies here, employed people here, the
3 opportunity to have a voice here, I think that's
4 important. And I think we should consider that
5 when we pass bills such as -- and we all know
6 what this bill is about.
7 There is no -- make no mistake,
8 anyone in this room, we all understand what this
9 is and why it's here and the message that is
10 being sent. And good for everyone, okay, if
11 that's what you want to do.
12 But bills matter and language
13 matters. And when we begin creating winners and
14 losers depending on national politics outside of
15 what's important in our own communities, I think
16 we're making a mistake and we're heading down the
17 wrong road.
18 So yes, I understand why this bill
19 is here. And yes, I understand why I'll be
20 voting no. Because this bill would stifle
21 people's ability to participate in the process.
22 So yes, it will score political points for people
23 in this room if you choose to look at it that
24 way.
25 But if you look a little more
1414
1 closely, we're better than this. We shouldn't be
2 following this text and approving this through
3 this chamber. Because if the guys on the other
4 side of this building decide to take it up and
5 the Governor decides to actually sign it, this is
6 not what this state is about. And I think
7 everyone in this room knows it.
8 So, Mr. President, thank you. On
9 that, I'll be voting no.
10 ACTING PRESIDENT COONEY: Are there
11 any other Senators wishing to be heard?
12 Seeing and hearing none, debate is
13 closed. The Secretary will ring the bell.
14 Read the last section.
15 THE SECRETARY: Section 6. This
16 act shall take effect on the 180th day after it
17 shall have become a law.
18 ACTING PRESIDENT COONEY: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT COONEY: Senator
22 Gianaris to explain his vote.
23 SENATOR GIANARIS: Thank you,
24 Mr. President. I just want to summarize what
25 we're doing here and why.
1415
1 There is a reason that foreign
2 nationals are prohibited across this country from
3 making contributions to campaigns at the federal,
4 state or local level. And yet I hear my
5 colleague talk about restricting the rights of
6 those people who are specifically prohibited from
7 doing so. But he wants them to go ahead and do
8 so through a corporate entity.
9 And when you look at some of these
10 corporations, 1 percent is a pretty big percent
11 of some of these corporations. And to think that
12 that doesn't influence the direction or the
13 political decision-making of these corporations
14 is just an incredible head-in-the-sand moment.
15 Now, I know my colleagues on that
16 side are very concerned with protecting the
17 rights of corporations, and they want them to
18 have as much influence as they possibly can --
19 even to the point where they're letting those
20 that are controlled by foreign entities, or at
21 least influenced by foreign entities, to maintain
22 that ability.
23 But what we're doing here is saying
24 there's a reason you can't give directly. We're
25 not going to let you give indirectly by simply
1416
1 buying up foreign entities or big portions of
2 them or even small portions of them, but to the
3 point where you can influence the direction of
4 that corporate entity.
5 Anyone that Senator Martins
6 referenced who he's concerned about their ability
7 to participate in the political process, if
8 they're allowed to give themselves, they can
9 give. They can give under their own name.
10 There's absolutely no restriction to their
11 individual giving.
12 Now, I guess he's concerned that he
13 wants them to be able to give individually but
14 then also give through a corporate entity.
15 So let's be clear. We're not
16 stifling anyone's ability to participate in the
17 political process. They just have to do so
18 properly and permissibly.
19 I vote aye, Mr. President.
20 ACTING PRESIDENT COONEY: Senator
21 Gianaris to be recorded in the affirmative.
22 Announce the results.
23 THE SECRETARY: In relation to
24 Calendar 457, those Senators voting in the
25 negative are Senators Canzoneri-Fitzpatrick,
1417
1 Gallivan, Helming, Martins, Mattera, Oberacker,
2 O'Mara, Ortt, Stec, Tedisco, Walczyk, Weber and
3 Weik.
4 Ayes, 50. Nays, 13.
5 ACTING PRESIDENT COONEY: The bill
6 is passed.
7 Senator Gianaris, that completes the
8 reading of the controversial calendar.
9 SENATOR GIANARIS: Thank you,
10 Mr. President.
11 Is there any further business at the
12 desk today?
13 ACTING PRESIDENT COONEY: There is
14 no further business at the desk.
15 SENATOR GIANARIS: I move to
16 adjourn until tomorrow, Thursday, March 16th, at
17 11:00 a.m.
18 ACTING PRESIDENT COONEY: On
19 motion, the Senate stands adjourned until
20 Thursday, March 16th, at 11:00 a.m.
21 (Whereupon, at 4:37 p.m., the Senate
22 adjourned.)
23
24
25