Gaveled in 2:34 PM · Albany, New York · 2025–26 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 9, 2025
2:34 p.m.
REGULAR SESSION
SENATOR JAMAAL T. BAILEY, Acting President
ALEJANDRA N. PAULINO, ESQ., Secretary
P R O C E E D I N G SACTING PRESIDENT BAILEY:The Senate will come to order.
I ask everyone present to please rise and recite the Pledge of Allegiance.
(Whereupon, the assemblage recited the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT BAILEY:In the absence of clergy, let us bow our heads in a moment of silent reflection or prayer.
(Whereupon, the assemblage respected a moment of silence.)
ACTING PRESIDENT BAILEY:Reading of the Journal.
THE SECRETARY:In Senate, Sunday, June 8, 2025, the Senate met pursuant to adjournment. The Journal of Saturday, June 7, 2025, was read and approved. On motion, the Senate adjourned.
ACTING PRESIDENT BAILEY:Without objection, the Journal stands approved as read.
Presentation of petitions.
Messages from the Assembly.
The Secretary will read.
THE SECRETARY:Senator Skoufis moves to discharge, from the Committee on Consumer Protection, Assembly Bill Number 1096B and substitute it for the identical Senate Bill 4433A, Third Reading Calendar 322.
Senator Lanza moves to discharge, from the Committee on Environmental Conservation, Assembly Bill Number 6195 and substitute it for the identical Senate Bill 5616, Third Reading Calendar 1054.
Senator Palumbo moves to discharge, from the Committee on Local Government, Assembly Bill Number 6593 and substitute it for the identical Senate Bill 6159, Third Reading Calendar 1154.
Senator Bailey moves to discharge, from the Committee on Insurance, Assembly Bill Number 979A and substitute it for the identical Senate Bill 5048A, Third Reading Calendar 1448.
Senator Bailey moves to discharge, from the Committee on Insurance, Assembly Bill Number 6595 and substitute it for the identical Senate Bill 7221, Third Reading Calendar 1451.
Senator Liu moves to discharge, from the Committee on Rules, Assembly Bill Number 6783 and substitute it for the identical Senate Bill Number 4484, Third Reading Calendar 1530.
Senator C. Ryan moves to discharge, from the Committee on Rules, Assembly Bill Number 7377 and substitute it for the identical Senate Bill 4815, Third Reading Calendar 1531.
Senator Myrie moves to discharge, from the Committee on Elections, Assembly Bill Number 1241A and substitute it for the identical Senate Bill 7281, Third Reading Calendar 1544.
Senator Martinez moves to discharge, from the Committee on Rules, Assembly Bill Number 7745 and substitute it for the identical Senate Bill 7420, Third Reading Calendar 1546.
Senator Harckham moves to discharge, from the Committee on Children and Families, Assembly Bill Number 5927 and substitute it for the identical Senate Bill 7533, Third Reading Calendar 1547.
Senator Cleare moves to discharge, from the Committee on Aging, Assembly Bill Number 8113 and substitute it for the identical Senate Bill 7737, Third Reading Calendar 1551.
Senator Harckham moves to discharge, from the Committee on Rules, Assembly Bill Number 8276 and substitute it for the identical Senate Bill 7852, Third Reading Calendar 1557.
Senator Webb moves to discharge, from the Committee on Rules, Assembly Bill Number 8210 and substitute it for the identical Senate Bill 7912, Third Reading Calendar 1560.
Senator C. Ryan moves to discharge, from the Committee on Environmental Conservation, Assembly Bill Number 8597 and substitute it for the identical Senate Bill 7976, Third Reading Calendar 1562.
Senator Harckham moves to discharge, from the Committee on Rules, Assembly Bill Number 8275 and substitute it for the identical Senate Bill 8011, Third Reading Calendar 1563.
Senator Kavanagh moves to discharge, from the Committee on Rules, Assembly Bill Number 8571 and substitute it for the identical Senate Bill 8177, Third Reading Calendar 1570.
Senator Persaud moves to discharge, from the Committee on Social Services, Assembly Bill Number 8433 and substitute it for the identical Senate Bill Number 8179, Third Reading Calendar 1571.
Senator Mayer moves to discharge, from the Committee on Education, Assembly Bill Number 7212 and substitute it for the identical Senate Bill 8226, Third Reading Calendar 1576.
Senator Baskin moves to discharge, from the Committee on Labor, Assembly Bill Number 8153 and substitute it for the identical Senate Bill 8230, Third Reading Calendar 1577.
Senator Ramos moves to discharge, from the Committee on Labor, Assembly Bill Number 7694 and substitute it for the identical Senate Bill 8231, Third Reading Calendar 1578.
Senator Sepúlveda moves to discharge, from the Committee on Cities 1, Assembly Bill Number 8416 and substitute it for the identical Senate Bill Number 8245, Third Reading Calendar 1583.
Senator Stavisky moves to discharge, from the Committee on Higher Education, Assembly Bill Number 8478 and substitute it for the identical Senate Bill 8251, Third Reading Calendar 1584.
Senator Harckham moves to discharge, from the Committee on Environmental Conservation, Assembly Bill Number 8596 and substitute it for the identical Senate Bill 8261, Third Reading Calendar 1586.
Senator Martinez moves to discharge, from the Committee on Rules, Assembly Bill Number 8568 and substitute it for the identical Senate Bill 8297, Third Reading Calendar 1590.
Senator Cooney moves to discharge, from the Committee on Consumer Protection, Assembly Bill Number 804C and substitute it for the identical Senate Bill 1104A, Third Reading Calendar 316.
ACTING PRESIDENT BAILEY:So ordered.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from state officers.
Motions and resolutions.
Senator Gianaris.
SENATOR GIANARIS:Good afternoon, Mr. President.
On behalf of Senator May, I move to amend Senate Bill Number 4417A by striking out the amendments made and restoring it to its original previous print, 4417.
ACTING PRESIDENT BAILEY:So ordered.
SENATOR GIANARIS:Amendments are also offered to the following Third Reading Calendar bills:
By Senator Kavanagh, page 48, Calendar 1331, Senate Print 4274B;
Senator Hoylman-Sigal, page 46, Calendar 1304, Senate Print 1325B;
Senator Jackson, page 53, Calendar 1389, Senate Print 6698;
Senator Skoufis, page 15, Calendar 630, Senate Print 409;
Senator Rivera, page 43, Calendar 1267, Senate Print 6375;
Senator Skoufis, page 40, Calendar 1229, Senate Print 14;
Senator Fernandez, page 42, Calendar 1249, Senate Print 1819;
Senator Gianaris, page 56, Calendar Number 1415, Senate Print 7494;
Senator Hoylman-Sigal, page 42, Calendar 1251, Senate Print 3385;
Senator Cleare, page 52, Calendar 1376, Senate Print 4691;
Senator Myrie, page 42, Calendar 1247, Senate Print 399;
Senator Cooney, page 23, Calendar 907, Senate Print 7025;
Senator Gianaris, page 5, Calendar 203, Senate Print 363;
Senator Skoufis, page 15, Calendar 600, Senate Print 4576;
Senator Harckham, page 55, Calendar 1410, Senate Print 4989;
Senator Brisport, page 39, Calendar 1207, Senate Print 7491;
Senator Kavanagh, page 53, Calendar 1386, Senate Print 1239D;
Senator May, page 52, Calendar 1374, Senate Print 3492;
Senator Hinchey, page 24, Calendar 918, Senate Print 7202;
And Senator Skoufis, page 41, Calendar 1239, Senate Print 7699A.
ACTING PRESIDENT BAILEY:The amendments are received, and the bills will retain their place on the Third Reading Calendar.
Senator Gianaris.
SENATOR GIANARIS:I wish to call up the following bills, which were recalled from the Assembly and are now at the desk:
Senate Bill Numbers 372, 3393, 1100, 3799B, 3335, 73, 2618, and 4358.
ACTING PRESIDENT BAILEY:The Secretary will read.
THE SECRETARY:Calendar Number 1221, Senate Print 4358, by Senator Bailey, an act to amend the Education Law.
Calendar Number 442, Senate Print 372, by Senator Gianaris, an act to amend the Labor Law.
Calendar Number 356, Senate Print 3393, by Senator Gounardes, an act to amend the Education Law.
Calendar Number 650, Senate Print 1100, by Senator May, an act to amend the Education Law.
Calendar Number 350, Senate Print 3799B, by Senator Comrie, an act to amend the Real Property Actions and Proceedings Law.
Calendar Number 305, Senate Print 3335, by Senator Cooney, an act to amend the Vehicle and Traffic Law.
Calendar Number 392, Senate Print 73, by Senator Kavanagh, an act to amend the Environmental Conservation Law.
And Calendar Number 333, Senate Print 2618, by Senator Addabbo, an act to amend the Racing, Parimutuel Wagering and Breeding Law.
SENATOR GIANARIS:Move to reconsider the vote by which those bills were passed.
ACTING PRESIDENT BAILEY:Call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 50.
ACTING PRESIDENT BAILEY:The bills are restored to their place on the Third Reading Calendar.
Senator Gianaris.
SENATOR GIANARIS:I offer the following amendments.
ACTING PRESIDENT BAILEY:The amendments are received.
SENATOR GIANARIS:At this time we're going to call an immediate meeting of the Rules Committee in Room 332 and stand at ease.
ACTING PRESIDENT BAILEY:There will be an immediate meeting of the Rules Committee in Room 332.
The Senate will stand at ease.
(Whereupon, the Senate stood at ease at 2:41 p.m.)
(Whereupon, the Senate reconvened at 4:09 p.m.)
ACTING PRESIDENT BAILEY:The Senate will return to order.
Senator Gianaris.
SENATOR GIANARIS:Mr. President, let's begin by recognizing Senator Scarcella-Spanton for an introduction.
ACTING PRESIDENT BAILEY:Can we have some order in the chamber prior to the introduction, please. Thank you.
Now that we're settled, Senator Scarcella-Spanton for the purposes of an introduction.
SENATOR SCARCELLA-SPANTON:Thank you.
And I am so excited to welcome our guests, TraNa Relief, who is here with us. They actually have maybe 50 people with them. So they do amazing work in the Brooklyn side of my district and also the Staten Island side of my district as well, with Ukrainian refugees.
So I am so excited to have them here with us today, to honor them and let them know here on the Senate floor that we genuinely appreciate the work that you do each and every day.
Thank you so much.
ACTING PRESIDENT BAILEY:To our guests, we welcome you on behalf of the Senate. We extend to you all of the privileges and courtesies of this house.
Please remain standing and be recognized.
(Standing ovation.)
ACTING PRESIDENT BAILEY:Senator Gianaris.
SENATOR GIANARIS:Mr. President, there's a report of the Finance Committee at the desk. Let's take that up, please.
ACTING PRESIDENT BAILEY:The Secretary will read.
THE SECRETARY:Senator Krueger, from the Committee on Finance, reports the following nominations:
As chair of the Cannabis Control Board, Jessica C. Garcia;
And also as director of the Authorities Budget Office, Joshua C. Norkin.
SENATOR GIANARIS:I move to accept the report of the Finance Committee and ask that you recognize Senator Krueger first to speak on the nomination of Joshua Norkin.
ACTING PRESIDENT BAILEY:All those in favor of accepting the report of the Finance Committee please signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT BAILEY:Opposed, nay.
(Response of "Nay.")
ACTING PRESIDENT BAILEY:The report of the Finance Committee is accepted.
Senator Krueger on the nominations.
SENATOR KRUEGER:Thank you very much.
I rise to support the nomination of Josh C. Norkin to be the director of the Authorities Budget Office. Some of us have known Josh in his current or I guess previous position for the Governor in the counsel's office and, even before that, know him from his work at the Legal Aid Society of New York.
We think the Authorities Budget Office is a critically important office. After all, Robert Moses came up with the idea of taking all kinds of government functions off-budget and making them independent authorities, and that means we need to be extra careful in evaluating and keeping track of what they're doing, and the money that they're spending. And so we are counting on Mr. Norkin to serve us well by doing the work that needs to be done.
The director of the Authorities Budget Office is technically independent of the Governor, so they don't even have to agree on everything. And they have the authority to work with law enforcement and the Inspector General and the Comptroller and the Attorney General.
And frankly, as I think many of us know, if the people of the State of New York don't have confidence that they can trust our government agencies are doing what they're supposed to be doing, it just doesn't work. So we are counting on Mr. Norkin to play that role.
And I see that he's here with his wife and two children today. So welcome, all of you, for being here, and congratulations on your new position.
Thank you.
ACTING PRESIDENT BAILEY:The question is on the nomination of Joshua C. Norkin to the Authorities Budget Office.
Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to the nomination, voting in the negative are Senators Borrello, Gallivan, Griffo, Lanza, Martins, Mattera, Oberacker, Ortt, Palumbo, Rolison, Stec, Tedisco, Walczyk, Weber and Weik.
Ayes, 40. Nays, 15.
ACTING PRESIDENT BAILEY:The nominee is confirmed.
Congratulations, Mr. Norkin.
(Standing ovation.)
ACTING PRESIDENT BAILEY:Senator Gianaris.
SENATOR GIANARIS:Now let's take up the nomination of Jessica Garcia to the Cannabis Control Board, please.
ACTING PRESIDENT BAILEY:Senator Krueger on the nomination of Jessica Garcia.
SENATOR KRUEGER:Thank you.
Jessica Garcia cannot be with us today, but she went through the interview process to move into the position of chair of the board of the Cannabis Control Board.
Now, Ms. Garcia has already served on the Cannabis Control Board up until now, but then there was an opening for chair, so the Governor nominated her to be chair.
She also went through an interview process, and I believe that the vast majority of the members who were asking her questions were confident in her abilities to take on this responsibility as the chair of the board. She's even followed up with some of us with answers to additional questions that she couldn't answer during the interview.
So I'm hoping that my colleagues will join me in confirming Jessica Garcia to be the chair of the New York State Cannabis Control Board. Thank you.
ACTING PRESIDENT MAYER:Thank you, Senator Krueger.
The question is on the nomination of Jessica C. Garcia to the Cannabis Control Board.
Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Announce the results.
THE SECRETARY:In relation to the nomination, voting in the negative are Senators Ashby, Borrello, Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming, Lanza, Martinez, Martins, Mattera, Oberacker, Ortt, Palumbo, Rhoads, Rolison, Stec, Tedisco, Walczyk, Weber and Weik.
Ayes, 38. Nays, 20.
ACTING PRESIDENT MAYER:The nominee, Jessica C. Garcia, is confirmed to the Cannabis Control Board.
Congratulations.
Senator Gianaris.
SENATOR GIANARIS:Madam President, let's recognize Senator Cleare for an introduction, please.
SENATOR O'MARA:Senator Cleare for an introduction.
SENATOR CLEARE:Thank you, Madam President.
I thought we were going to do this in a different order, but I'm really proud today. This is Black Music Month that we are celebrating, and we have some guests here today that I would like to introduce. They came up here to play jazz for us, which is the Indigenous American music.
And so I'm going to ask Dr. Mujib Mannan, who is here on the floor, and his band with the New York Jazz Society, up there in the gallery, to please stand. They have been playing and preserving this very important music form for decades now, and keeping it alive.
And we know jazz is at the heart of all the music that we enjoy today. And we thank you for what you do and thank you for being here with us and your performances earlier.
Thank you.
ACTING PRESIDENT MAYER:Thank you, Senator Cleare.
To our guests who are here joining us on behalf of Black History Month and Black music, thank you for joining us. We heard the music; it was fantastic.
Please stand and be recognized.
(Standing ovation.)
ACTING PRESIDENT MAYER:Senator Gianaris.
SENATOR GIANARIS:Next up, Madam President, is previously adopted Resolution 933, by Senator Griffo. Please read its title and recognize Senator Griffo.
ACTING PRESIDENT MAYER:The Secretary will read.
THE SECRETARY:Resolution 933, by Senator Griffo, commemorating the 125th Anniversary of the publication of The Wonderful Wizard of Oz, and celebrating the enduring legacy of its author, L. Frank Baum.
ACTING PRESIDENT MAYER:Senator Griffo on the resolution.
SENATOR GRIFFO:Thank you, Madam Chairman.
And I want to welcome our guests here today. Over 125 years ago, The Wonderful Wizard of Oz, written by the visionary author L. Frank Baum, was first published. And today we celebrate that.
In fact, over the last weekend, there was a tremendous celebration in the Village of Chittenango in Madison County, where thousands of people came out to commemorate and to remember this significant event in the history of our country.
This is a literary classic. It's spawned movies, Broadway musicals, all sorts of creative works. Widely recognized as one of the first American fantasy novels to achieve immediate and lasting success upon its publication.
It introduced us to Dorothy, who joins us today in the chamber, as well as the Scarecrow, the Tin Man, the Cowardly Lion, Glinda the Good Witch, and the Wicked Witch of the West -- characters that continue to inspire generations through books, film, theater and creative works.
In fact, many times here in the Capitol we may think we're in Oz. And when I look at and listen to the soundtrack and think of these characters, they may apply or reflect upon many who are assembled.
(Laughter.)
SENATOR GRIFFO:It's captivated hearts and minds of readers of all ages: Imaginative storytelling, vibrant characters, and universal themes that have entertained generations.
And while many of us are familiar with the Land of Oz, what many may not know is that L. Frank Baum was born in Chittenango in Madison County, an area that I represent and that Senator May has also had the opportunity to represent in the past.
And the village proudly preserves and celebrates Baum's enduring legacy each and every year, and this past last weekend had an outstanding festival. And it's one of the longest-running Wizard of Oz-themed celebrations across the globe.
So today we recognize the significant anniversary of its beloved book's publishing. And I'm pleased to introduce with us today Marc Baum, who is the International L. Frank Baum and All Things Oz Historical Foundation head, as well as Monica Kinner, the foundation vice president; Mark Sample, the foundation secretary; and Allison Lehr, the manager of All Things Oz Museum in Chittenango.
I want to thank each and every one of them for joining us today on this special occasion and recognition. I want to thank the organization and the Chittenango community and all those who work so hard to ensure that the memory of L. Frank Baum and the wonderful world that he created lives on for generations.
It's an honor to speak on this resolution to celebrate this literary classic which has had such a profound effect on generations and is an important part of the American culture enshrined in the Smithsonian.
So thank you all for being here, and congratulations on the celebration of 125 years of this publication and a celebration of New York's own L. Frank Baum.
Thank you, Madam President.
ACTING PRESIDENT MAYER:Thank you, Senator Griffo.
Senator May on the resolution.
SENATOR MAY:Thank you, Madam President.
I also want to add my voice to the celebration of 125 years of an amazing novel and to our guests who are here who have worked so hard to keep the memory of Frank Baum and the whole World of Oz alive.
I do want to mention that L. Frank Baum's mother-in-law, Matilda Joslyn Gage, lived in Fayetteville, New York, and she was a prominent suffragist and abolitionist. She was very closely involved with the Haudenosaunee Nation, to the point where she became an honorary member of the Onondaga Nation.
She, many believe, was a model for his heroine Dorothy, who is one of the most courageous, resourceful and independent girls that you find in fiction to this day. I know she was an inspiration for me and my daughter and for girls all around the world. And I want to celebrate all of them and that whole concept of lifting up girls who can be independent, wise and resourceful like that.
So thank you for keeping her memory alive and Frank Baum's memory alive, and I vote aye.
ACTING PRESIDENT MAYER:Thank you, Senator May.
To our guests who are here to celebrate 125 years and an incredible history and a great story of the Wizard of Oz, please stand and be recognized. We give you all the privileges and courtesies of the house.
(Standing ovation.)
ACTING PRESIDENT MAYER:Senator Gianaris.
SENATOR GIANARIS:Madam President, I think I speak for all my colleagues when I would like to ask Dorothy to click her heels three times and send us all home, if possible.
(Reaction from members.)
SENATOR GIANARIS:Next up, previously adopted Resolution 554, by Senator Bailey. Please read that resolution's title and recognize Senator Webb first to speak on that resolution.
ACTING PRESIDENT MAYER:The Secretary will read.
THE SECRETARY:Resolution 554, by Senator Bailey, memorializing Governor Kathy Hochul to proclaim June 2025 as Black Music Month in the State of New York.
ACTING PRESIDENT MAYER:Senator Webb on the resolution.
SENATOR WEBB:Thank you, Madam President.
I rise proudly today in recognition of Black Music Month here in the State of New York.
I want to thank our Senate Majority Leader, Andrea Stewart-Cousins, for her support of this important commemoration.
Throughout our nation's history, Black music has been the heartbeat of American culture. From the soul-stirring power of spirituals sung in the face of slavery, to the jazz clubs of Harlem, the gospel choirs of the South, the hip-hop beats of the Bronx, and the rhythm and blues that echoes across the world, black music has told the story of struggle, resilience, joy and triumph.
And here in New York we have a special honor because we are the creative epicenter for Black music. We are deeply connected to that story. We are the home of the Harlem renaissance, the birthplace of hip-hop, the stage of Ella Fitzgerald, Count Basie, Nas, MC Lyte and so many others whose artistry shapes not just music but history. Artists like Sly Stone, who we just learned today transitioned.
All of these artists continue, through their talent, to make our lives enriched and better.
And as we reflect on this legacy, we also lift up icons like Kurtis Blow, who's here with us in our chamber today, a pioneer who helped turn hip-hop into a cultural force with global reach.
Kurtis Blow, as the first rapper signed to a major label, helped to bring rap into the mainstream and opened doors for future generations. His contributions have helped to shape the voice of urban America and continue to inspire artists today, including the work that he still does to this day as the founder of Hip Hip Alliance and the Hip Hop Church in Harlem.
And who in this chamber has not heard -- or can complete this sentence: "These are the breaks." And you all know the rest of the lyrics.
We also recognize the powerful role of Black media in uplifting music and culture, especially institutions like WBLS, which has long served as a trusted voice and cultural touchstone for our communities. And I want to acknowledge Dr. Bob Lee and G. Keith Alexander, the voices of New York, two legends of the airwaves, for using their platforms to support emerging artists, amplify Black voices, and preserve the legacy of Black music in New York and beyond.
Madam President, Black music has been more than entertainment. It is protest. It is educational. It's healing. It's identity. It's inspiration.
It brings people together across race, class and background. It's a universal language. It gives voice to the voiceless. And it reminds us that Black culture is American culture and it is embedded in our collective society.
And as we honor Black Music Month this June, I urge us not to only celebrate the rich musical legacy of the past, but to uplift and invest in the next generation of Black artists whose voices will define our future.
Let us continue to make space for creativity, protect cultural institutions, and remember that Black art, Black stories and Black music must always have a place in our public square.
I want to thank our planning committee that made today possible: Senator Cleare, Senator Comrie and Senator Bailey, Senators Persaud, Baskin, Bynoe, Brouk and Persaud. And of course our colleagues in the Assembly, Assemblymembers Jackson and Walker and our entire New York State Black Legislative Task Force.
Madam President, I proudly vote aye. And I want to ensure that we extend all full courtesies of the floor to our special guests. And I encourage my colleagues to join us in celebrating and commemorating Black Music Month.
Thank you, Madam President.
ACTING PRESIDENT MAYER:Thank you, Senator Webb.
Senator Cleare on the resolution.
SENATOR CLEARE:Thank you, Madam President.
I rise to speak in support of the Black Music Month resolution. I thank Senator Bailey. I thank Senator Webb and all of the committee members. And I give my special thanks to the leader for allowing us to celebrate this very important moment.
I represent Harlem. I consider it the epicenter of Black history, culture, thought, art, scholarship and music. A significant part of the history of Black music is rooted in my district, the quintessential venues of the Harlem Renaissance such as the Alhambra Ballroom, Cotton Club, Count Basie's Lounge, Lenox Lounge, the Renaissance Ballroom, the Savoy, Monette's Supper Club, Bill's Place, Minton's Playhouse, the Apollo Theater. These are all venues that just allowed Black music to thrive and grow.
Moreover, many of the finest musicians lived in, played in, worked in or frequented Harlem, including Louie Armstrong and Duke Ellington, Earl "Fatha" Hines, Cab Calloway, Thelonious Monk, Dizzy Gillespie, Count Basie, Jelly Roll Morton, Charlie Parker -- the list goes on. Fats Waller, Ella Fitzgerald, Bessie Smith, Paul Robeson, Ethel Waters, and so many more. Lena Horne. Billie Holiday. Josephine Baker.
But through the generations, the torch of creativity has been passed and we are blessed to have one of our very own here today, as was mentioned here before, the one and only Kurtis Blow, one of the most important and influential pioneers in rap history. We're honored to have him. He told the story of a generation.
In addition, I'm proud to honor two icons in Black radio, because without Black radio it would have been very difficult for many Black artists to reach America. Black media, entertainment and journalism is blessed to have their voices, and they are the voices of our generations: Dr. Bob Lee and G. Keith Alexander.
And I've just got to pause for a moment. You know, as I think about it, you know, Dr. Bob Lee, it was more than music. He had the On-Time Program. You wanted to listen to WBLS in the morning, but you just didn't want to listen, you wanted to be at your school on time because Dr. Bob Lee might be there, and you could get on the radio. So we thank you for doing that for us.
And then I shouted out our bands that played in the Well earlier, including the Tony Jefferson Quartet, who were here and had to leave. They were here compliments of the National Jazz Museum in Harlem.
But for hundreds of years, Black music has been the drumbeat and the lifeblood of existence, resistance, freedom, storytelling, creativity and history. It has been the backdrop of our struggles, our victories, our joy, our tears, our praise and our worship, our love, our frustrations, and of course our movements. It is the heartbeat of us all. Long may it live.
Happy Black Music Month. Thank you, and I proudly vote aye.
ACTING PRESIDENT MAYER:Thank you, Senator Cleare.
Senator Baskin on the resolution.
SENATOR BASKIN:Thank you, Madam President.
I rise today in support of the resolution recognizing Black Music Month as a celebration here in our state's great Capitol. The incredible influence that Black music has had, it still endures to this day. One month hardly seems enough to honor its roots and its legacy.
I'd like to honor my colleague Senator Lea Webb, who worked so very hard leading our committee, organizing and inviting our esteemed guests to be here today. I'd also like to acknowledge our leader, who welcomed our inaugural celebration in the Well today. Good job, colleagues.
It's befitting that we stand here today, moments after the media, as my colleague said, just announced that the musical icon Sly Stone has gone on to be with the Lord. We welcome these talented artists who sit here in our chambers today for their history, and we thank them for coming to Albany.
And we have to lift up and acknowledge the fact that this month reflects a time that traces back to a dark history. Our African ancestors brought here in chains against their will also carried with them cultural influences that no oppressor could ever steal. Spirituals, expressive native dances, songs, music with lyrics reflecting their bondage and their servitude.
Centuries later, that rich heritage continues to influence and evolve in genres like jazz, rhythm and blues, gospel, all rooted in Black music. That influence remains strong in other genres such as new jack swing, neo soul, beatboxing, all of it born out of the bellowing beat of the African drum.
Who can name this lyric: "I am the worst thing since Elvis Presley/To do Black music so selfishly/And use it to get myself wealthy." The hip-hop heads in the chambers today know that that's a lyric from Eminem, who was a white rapper. But through this lyric he paid great homage to Black music.
It is true, Eminem's remarks about Black music have made a lot of people indeed wealthy. And his reference to Elvis recalls the tragic end of Big Mama Thornton, an example of systemic hijacking of Black music artists and their creative properties that have been robbed over generations.
Thornton was a Black woman who was known for her recording artist's work. She wrote and recorded two of the biggest rock and roll hits of the 1950s and '60s. Big Mama Thornton, she recorded "Hound Dog," which was one of Elvis Presley's biggest hits. She wrote Janis Joplin's biggest hit of the 1960s, "Ball and Chain."
Now, had this Black woman been given the courtesy of rightfully earned writer's credits and royalties, perhaps she would have been spared the indignity of dying penniless and being buried in a shared pauper's grave.
These injustices cannot be ignored as we celebrate Black Music Month, Madam President. We have to acknowledge the totality of the Black music heritage. Just as we brought an immense joy, as a people, through our music to this country, the industry has produced countless tragedies that cannot be ignored. So many Black artists have been robbed of their musical rights.
But then came Berry Gordy, a visionary and a pioneer, who founded Motown Records after he borrowed $800 to launch his business enterprises from his family. He believed in hiring the best people, both Black and white. While he became immensely wealthy, he didn't forget his roots, fighting racism through music and charitable acts.
Today it is the power of people like Mr. Gordy -- people like Sly Stone, people like Big Mama Thornton, who we remember and lift up.
In closing, Madam President, I want to lift up Buffalo, New York, the district that I represent, and the contributions that my great city has given to Black music: Musician and producer Rick James, who rose from the east side of Buffalo, overcoming hardships that plagued so many. His music, a mix of rhythm, rock and attitude, still resonates with us today.
I want to lift up Buffalo's Colored Musicians Club, which is also now a jazz museum. It was founded 91 years ago. This club continuously is being operated as an all-Black music venue here in the United States. And back when it first started, its members were from Buffalo Local 533, the American Federation of musicians, which was an all-Black musicians union. And they had to be separated because of the segregation laws at the time.
And finally, I want to lift up Sheila Brown, who is the CEO of Vision Multimedia and owner of WUFO radio station in Buffalo, New York. WUFO is a pillar in the Black community. And Sheila showcased her music talents, current events and all of her hard work starting out as a salesperson at an entry level in 1986. She moved up to sales manager and she is now the owner of Buffalo's oldest Black radio station, becoming the first African-American female radio owner in our city.
I'm so grateful again to my colleagues and everybody who worked on our committee, Madam President, to make today so special. Thank you to all of our special guests who have contributed so much to the history of Black music in the great State of New York, and may God continue to bless your gifts and artistry.
Thank you, Madam President.
ACTING PRESIDENT MAYER:Thank you, Senator Baskin.
Senator Comrie on the resolution.
SENATOR COMRIE:Thank you, Madam President. I rise to proudly support the Black Music Month resolution.
I'm just very proud today. I'm proud of our colleagues that brought the level of this to a new level to create an opportunity to honor people. You know, when I first started, one of the things that I hate doing -- hate hearing when I first started is that we've done this before. Or, you know, we did this before. Or you don't have to do something that we've done already.
And so I've always made it a point to never say that to new colleagues, to new people that are coming up, to people that are trying to do things.
So I'm very proud of our colleagues Senator Webb, Senator Baskin, and all of the folks that made today a really special day, where we had the first opportunity to honor some real icons. Kurtis Blow and Dr. Bob Lee and G. Keith Alexander are people that have influenced so many of us over time through their music, through their creativity, but also through their grace and style and class, and their dignity. They've really truly changed the landscape in many different ways.
I've had many opportunities to be with Dr. Bob Lee, whether it's through his Make the Grade Foundation annual events that he has, through the many times that he's in the community lifting up kids or doing special pieces on opportunities to encourage people to come out to vote or to do different things, to be aware.
Back when we had the issues with the pandemic, he was all over the place trying to get people to understand what they had to do.
Dr. Bob Lee has always been on the ground with a positive message that has been able to influence people and change things.
They gave me a lot to say about today, but I'm not going to say all of it, other than, you know, Queens originated all music. I just want you all to know that.
(Laughter.)
SENATOR COMRIE:People have it confused about where music was originated from, and they claim hip-hop was originated here and this was originated there. I've got Senator Bailey going to respond now for --
(Laughter.)
SENATOR COMRIE:Today's just a happy day. I'm just saying I want to say I'm very proud of my colleagues, but it's a long day, so I'm not going to say everything, other than to say I want to bow to my icons.
Thank you, gentlemen, for being here today. Thank you all for starting a wonderful tradition.
Thank you, Madam President.
ACTING PRESIDENT MAYER:Thank you, Senator Comrie.
Senator Sanders on the resolution.
SENATOR SANDERS:Thank you, Madam President.
So my colleague before me spoke so well about the origin of the music, so I won't speak to that. I will merely point out that I come from Southeast Queens, which is part of Q-York City, and I am here to speak of the American classical music.
American classical music, which we also know as jazz, is -- was a creation in America, something that we can all take pride in, one of the few musics that were created here, not brought from other -- well, brought-ish from other places.
You've heard of five minutes of funk, let me give you two minutes of facts. When we speak of rap music, the word "rap music" really is the -- we're trying to figure out where it comes from. Most people are saying that it came from H. Rap Brown, who was known for his amazing ability to project, to speak.
But if you really want to understand rap music and other musics, you're going to have to look at the jazz poets. You're going to have to look at Gil Scott-Heron. You're going to have to look at Kurtis Blow. You're going to have to look all of these very worthy people.
But when we speak of those things, we heard this music in many different places on the streets. But when you started hearing it on the air, you heard from our first internet. We had internet way before it was created, way before. We just didn't call it the internet. We called it WBLS.
We understood, we all tuned in. It was easier to understand it and to tune in than it is to do it with this new internet.
And there we heard some of the greatest voices out. We heard of G. Keith Alexander -- I mean, people who could project -- who's in the audience right now. We heard of Dr. Bob Lee. And of course the captain of that show was Frankie "Hollywood" Crocker, the chief rocker. And -- well, that's a history in itself.
But let me close by saying that this is an -- we knew that this day would come. And I want to thank Senators Webb, Baskin and all of those who put such a great thing together. You've done the music well.
But most of this -- much of this music came from other places. And today is a bittersweet day, because we have lost Sly Stone. We have -- what a foundational part of music. And I guess the best thing that I could do is to thank you all and -- but to thank Sly Stone and say thank you for letting me be myself again.
(Appreciative reaction from floor.)
SENATOR SANDERS:Thank you.
ACTING PRESIDENT MAYER:Thank you, Senator Sanders.
Senator Bailey to close.
SENATOR BAILEY:Thank you, Madam President.
On a celebratory day, my brothers from Queens have decided to commit the ultimate treason --
(Laughter.)
SENATOR BAILEY:-- in speaking about the origins of hip-hop. So they speak. But we know what the origins of hip-hop were. They were 1520 Sedgwick Avenue, right in the heart of Senator Serrano's district, where the one and only hip-hop museum is going to be built.
There will not be a hip-hop museum in Queens. There will not be a hip-hop museum anywhere else. There will be a hip-hop museum in the birthplace of hip-hop, which is the boogie-down Bronx. Because if it wasn't for the Bronx, this rap thing probably never would be going on. "So tell me where you from, uptown baby, uptown baby."
(Laughter.)
SENATOR BAILEY:But it's bigger than rap. It's bigger than rap. And I just want to make sure that -- on a serious note, I'm going to talk about sampling music. And my brother Leroy spoke about it earlier, how he did the Black music reso first and then I did it afterwards. And then, to quote Jay-Z, you know, we made it a hot line, but Lea, you made it a hot song. Senator Webb, you have taken a resolution and made it into a day of commemoration so that our legends can properly be recognized.
And so to all of the committee members, we thank you. But a special shout-out to you, Lea, for doing that. Because it's really important that we recognize who we have in the chamber.
I don't know if you know exactly what Kurtis Blow has done for hip-hop. It wasn't large-scale. He was the first rapper to get signed to a major record deal, but he was the first rapper to go gold, the first rapper to have a music video. Right? And all of these things were the precursors to us being able to see hip-hop going global, to a multi-billion-dollar industry, that started with someone like Kurtis Blow talking about these are the breaks. Or basketball is his favorite sport, he likes the way they dribble up and down the court. Just like he's like the king of the microphone, so is Dr. J and Moses Malone. You don't want no more.
(Laughter.)
SENATOR BAILEY:But it's so important to have an artist like Kurtis Blow, a trailblazer, and someone who is living in my district. It's my community, it's my district, and we get to have hip-hop royalty.
And speaking of hip-hop royalty, like my colleagues have spoken about -- Senator Cleare I think put a finer point on it: Black music media. I don't know about you, but Sunday Classics with Hal Jackson on 107.5, when my parents were cleaning the house and I better have it cleaned along with them.
But when I was listening to G. Keith Alexander and Dr. Bob Lee, making sure I was making the grade and paying attention about what's happening in school, to be on (announcer voice) WBLS-S-S. Like this was the time we were taping off the radio, because we didn't the money to buy the CDs or the tapes and the songs. So RIAA, don't get mad at me, but we were taping the songs off the radio because that's what it was. We got the -- and we sat by that radio waiting for our song to come on.
When we talk about sampling, we see there's no hip-hop if there's not Kurtis Blow. I represent the Bronx and money-earnin' Mount Vernon, where the great Heavy D, a hip-hop renaissance man, has ruled. But Pete Rock and C.L. Smooth made "They Reminisce Over You," but it was sampled from a jazz song called "Today" by Tom Scott. We've heard of "Gangsta's Paradise" by Coolio, may he rest in peace, but it came from "Pastime Paradise" by Stevie Wonder. We've heard of "Summertime" by the Fresh Prince himself, Will Smith, but that came from "Summer Madness" by Kool and the Gang.
I can go on and on. But hip-hop and Black music, we all borrow from each other so that there's always going to be elements of Black music, because it continues to create itself. It will never die. The revolution may not be televised, like Gil Scott-Heron said, but it was played on the radio, Madam President.
Black music has been the rapid response system in our communities. It allowed us to express ourselves, to remember where we were at what time we heard that certain song, and just feel what music does.
You know, the BET Awards are tonight. There wouldn't be a BET if there wasn't a Kurtis Blow. There wouldn't be a BET if there wasn't a G. Keith or a Dr. Bob. That wouldn't exist.
So I want people to understand exactly how far we've come, but how far we'll go. And we'll continue to make sure that in the name of Rick James and Queen Latifah, we have {falsetto} "Unity," Madam President.
I vote aye.
ACTING PRESIDENT MAYER:Thank you, Senator Bailey.
To our incredibly distinguished guests who are here in support of Black History Month, for all you have contributed to many of us who listened to you along the way, thank you for all you have done. Thank you to this group that put this together.
Please stand and be recognized. You are welcome to the privileges and courtesies of the house.
(Extended standing ovation.)
ACTING PRESIDENT MAYER:Senator Gianaris.
SENATOR GIANARIS:Madam President, there will be an immediate meeting of the Finance Committee in Room 332 -- nope, 124. Sorry.
ACTING PRESIDENT MAYER:There will be an immediate meeting of the Finance Committee in Room 144.
SENATOR GIANARIS:124.
ACTING PRESIDENT MAYER:124, thank you.
SENATOR GIANARIS:At the request of the sponsors, today's resolutions are open for cosponsorship.
ACTING PRESIDENT MAYER:At the request of the sponsors, the resolutions are open for cosponsorship. Should you choose not to be a cosponsor, please notify the desk.
SENATOR GIANARIS:I believe there's a report of the Rules Committee at the desk. Let's take that up, please.
ACTING PRESIDENT MAYER:The Secretary will read.
THE SECRETARY:Senator Stewart-Cousins, from the Committee on Rules, reports the following bills:
Senate Print 106, by Senator Comrie, an act to amend the Vehicle and Traffic Law;
Senate Print 253, by Senator Martinez, an act to amend the Social Services Law;
Senate Print 273, by Senator Martinez, an act to amend the Local Finance Law;
Senate Print 597, by Senator Hinchey, an act to amend the Public Service Law;
Senate Print 634B, by Senator Liu, an act to amend the Insurance Law;
Senate Print 1148, by Senator Gounardes, an act to amend the Public Authorities Law;
Senate Print 1180B, by Senator Gianaris, an act to amend the Environmental Conservation Law --
ACTING PRESIDENT MAYER:One minute.
Could we have some quiet in the chamber. Thank you.
THE SECRETARY:-- Senate Print 1757, by Senator Persaud, an act to amend the Social Services Law;
Senate Print 1807A, by Senator Fernandez, an act to amend the Public Health Law;
Senate Print 1833A, by Senator May, an act to amend the Environmental Conservation Law;
Senate Print 1838, by Senator Skoufis, an act to amend the General Municipal Law;
Senate Print 1889, by Senator Ashby, an act to amend the State Law;
Senate Print 1982, by Senator Harckham, an act to amend the General Municipal Law;
Senate Print 2048, by Senator Webb, an act to amend the Transportation Law;
Senate Print 3194, by Senator Skoufis, an act to amend the Real Property Tax Law;
Senate Print 3207A, by Senator Kavanagh, an act to amend the Public Health Law;
Senate Print 3231, by Senator Bailey, Concurrent Resolution of the Senate and Assembly proposing an amendment to Section 1 of Article 2 of the Constitution;
Senate Print 3256A, by Senator Cooney, an act to amend the Parks, Recreation and Historic Preservation Law;
Senate Print 3262, by Senator Cooney, an act to amend the Banking Law;
Senate Print 3620, by Senator Ortt, an act to amend the Town Law;
Senate Print 3637, by Senator Ortt, an act to amend the County Law;
Senate Print 3740A, by Senator Fernandez, an act to amend the Mental Hygiene Law;
Senate Print 3851, by Senator Hinchey, an act to amend the Public Health Law;
Senate Print 4070B, by Senator May, an act to amend the Labor Law;
Senate Print 4457B, by Senator Murray, an act authorizing the Town of Brookhaven to alienate certain parklands for use as a recharge basin;
Senate Print 4535, by Senator Skoufis, an act to amend the Executive Law;
Senate Print 4544B, by Senator Hoylman-Sigal, an act to amend the Education Law;
Senate Print 4889, by Senator Scarcella-Spanton, an act to amend the Veterans' Services Law;
Senate Print 4903, by Senator Harckham, an act to amend the Public Health Law;
Senate Print 4947, by Senator Harckham, an act to amend the Transportation Law;
Senate Print 4955A, by Senator Harckham, an act to amend the Public Health Law;
Senate Print 5168, by Senator Rolison, an act to amend the Real Property Tax Law;
Senate Print 5233, by Senator Weber, an act to amend the Real Property Tax Law;
Senate Print 5269, by Senator Bailey, an act to amend the State Finance Law;
Senate Print 5382, by Senator Harckham, an act to amend the Mental Hygiene Law;
Senate Print 5516A, by Senator Hinchey, an act to amend the Railroad Law;
Senate Print 5713, by Senator Skoufis, an act to amend the Railroad Law;
Senate Print 6035, by Senator Parker, an act to amend the Elder Law;
Senate Print 6233, by Senator Martinez, an act to amend the Tax Law;
Senate Print 6693A, by Senator Jackson, an act to amend the Education Law;
Senate Print 6832, by Senator Webb, an act to amend the Military Law;
Senate Print 6851, by Senator Webb, an act to amend the Public Health Law;
Senate Print 6872, by Senator Hinchey, an act to amend the Tax Law;
Senate Print 6959, by Senator Hinchey, an act to amend the Social Services Law;
Senate Print 6998, by Senator Tedisco, an act to amend the Tax Law;
Senate Print 7111A, by Senator Harckham, an act to amend the Election Law;
Senate Print 7139, by Senator Tedisco, an act authorizing the Commissioner of General Services to transfer and convey certain lands in the Town of Wilton to the Veterans and Community Housing Coalition;
Senate Print 7148, by Senator Jackson, an act to amend the Retirement and Social Security Law;
Senate Print 7222, by Senator Bailey, an act to amend the Insurance Law;
Senate Print 7541, by Senator Bynoe, an act to amend the Real Property Law;
Senate Print 7688, by Senator Palumbo, an act in relation to authorizing certain police officers in the Town of Southold, County of Suffolk, to receive certain service credit under Section 384-d of the Retirement and Social Security Law;
Senate Print 7690, by Senator Gianaris, an act to amend the Public Health Law;
Senate Print 7724, by Senator Murray, an act in relation to authorizing the assessor of the Town of Brookhaven to accept an application for a real property tax exemption;
Senate Print 7728, by Senator Skoufis, an act to amend the Public Health Law;
Senate Print 7796A, by Senator O'Mara, an act to amend the Public Officers Law;
Senate Print 7966, by Senator Canzoneri-Fitzpatrick, an act to amend the Tax Law;
Senate Print 7980, by Senator Gounardes, an act to amend the Real Property Tax Law;
Senate Print 8021A, by Senator Hinchey, an act to amend the Executive Law;
Senate Print 8151, by Senator Martinez, an act to amend the Real Property Tax Law;
Senate Print 8197, by Senator Brisport, an act to amend the Family Court Act;
Senate Print 8201A, by Senator Martins, an act to amend Chapter 280 of the Laws of 2016;
Senate Print 8237, by Senator Parker, an act to amend the Public Authorities Law;
Senate Print 8238, by Senator Addabbo, an act to amend the Racing, Pari-Mutuel Wagering and Breeding Law;
Senate Print 8255, by Senator Serrano, an act to amend the State Finance Law;
Senate Print 8270, by Senator Webb, an act to amend the Domestic Relations Law;
Senate Print 8277, by Senator Chan, an act to amend the Executive Law;
Senate Print 8342, by Senator Comrie, an act to amend Part P of Chapter 39 of the Laws of 2019;
Senate Print 8343, by Senator Bailey, an act to amend the Insurance Law;
Senate Print 8345, by Senator Hinchey, an act to amend Chapter 465 of the Laws of 2016;
Senate Print 8346, by Senator Canzoneri-Fitzpatrick, an act to amend Chapter 846 of the Laws of 1970;
Senate Print 8357, by Senator Sanders, an act to amend the State Finance Law;
Senate Print 8361, by Senator Jackson, an act to amend the Administrative Code of the City of New York;
Senate Print 8362, by Senator Fahy, an act to amend Chapter 554 of the Laws of 2013;
Senate Print 8369, by Senator Stavisky, an act to amend the Education Law;
Senate Print 8370, by Senator Fahy, an act to amend the Education Law;
Senate Print 8371, by Senator Brisport, an act to amend the Education Law;
Senate Print 8373, by Senator Hoylman-Sigal, an act to amend the Surrogate's Court Procedure Act;
Senate Print 8383, by Senator Stavisky, an act to provide for the adjustment of stipends of certain incumbents in the State University of New York;
Senate Print 138, by Senator Hoylman-Sigal, an act to amend the Public Health Law;
Senate Print 426, by Senator Liu, an act to amend the Legislative Law;
Senate Print 652A, by Senator Gianaris, an act to amend the Alcoholic Beverage Control Law;
Senate Print 915, by Senator S. Ryan, an act to amend the Highway Law;
Senate Print 1472, by Senator S. Ryan, an act to amend the Penal Law;
Senate Print 1511, by Senator Liu, an act to amend the Vehicle and Traffic Law;
Senate Print 1891, by Senator Jackson, an act to amend the Vehicle and Traffic Law;
Senate Print 1986, by Senator Harckham, an act to amend the Education Law;
Senate Print 2709, by Senator May, an act to amend the Labor Law;
Senate Print 3155, by Senator Cooney, an act to amend the Insurance Law;
Senate Print 3820B, by Senator Rivera, an act to amend the Insurance Law;
Senate Print 4052, by Senator Skoufis, an act to amend the Labor Law;
Senate Print 4230, by Senator Comrie, an act to amend the Vehicle and Traffic Law;
Senate Print 4497, by Senator Hinchey, an act to amend the Insurance Law;
Senate Print 4534, by Senator Skoufis, an act to amend the Executive Law;
Senate Print 4658A, by Senator S. Ryan, an act to amend the General Municipal Law;
Senate Print 4803, by Senator C. Ryan, an act to amend the Volunteer Firefighters' Benefit Law;
Senate Print 5324A, by Senator Bailey, an act to amend the Insurance Law;
Senate Print 6150, by Senator Parker, an act to amend the Banking Law;
Senate Print 6155A, by Senator Bailey, an act to amend the Education Law;
Senate Print 6166, by Senator S. Ryan, an act to amend the Real Property Tax Law;
Senate Print 6231, by Senator Webb, an act to amend the General Business Law;
Senate Print 6334, by Senator Fahy, an act to amend the Education Law;
Senate Print 6363, by Senator Bailey, an act to amend the Real Property Law;
Senate Print 6640, by Senator Gounardes, an act to amend the Retirement and Social Security Law;
Senate Print 6736A, by Senator Fahy, an act to amend the Social Services Law;
Senate Print 7007, by Senator Bynoe, an act to amend the General Business Law;
Senate Print 7032, by Senator Sepúlveda, an act to amend the Vehicle and Traffic Law;
Senate Print 7191, by Senator Scarcella-Spanton, an act to amend the Vehicle and Traffic Law;
Senate Print 7422A, by Senator Stewart-Cousins, an act to amend the Vehicle and Traffic Law;
Senate Print 7485, by Senator Mayer, an act to amend the Labor Law;
Senate Print 7545, by Senator Brouk, an act to amend the Public Health Law;
Senate Print 7642, by Senator Comrie, an act to amend the Public Health Law;
Senate Print 7680A, by Senator Serrano, an act to amend the Parks, Recreation and Historic Preservation Law;
Senate Print 7717, by Senator Cooney, an act to amend the General Business Law;
Senate Print 7731, by Senator Webb, an act to amend the Insurance Law;
Senate Print 7800, by Senator Harckham, an act to amend the Public Officers Law;
Senate Print 7801, by Senator Harckham, an act to amend the Public Officers Law;
Senate Print 7882, by Senator Hoylman-Sigal, an act to amend the General Business Law;
Senate Print 7889, by Senator Palumbo, an act relating to permitting the Setauket Fire District and Stony Brook Fire District to enter into contracts with the State University of New York at Stony Brook;
Senate Print 7984, by Senator Fernandez, an act to amend the Social Services Law;
Senate Print 8059, by Senator Bailey, an act to amend the Vehicle and Traffic Law;
Senate Print 8082, by Senator Brouk, an act to amend the Mental Hygiene Law;
Senate Print 8150, by Senator Bynoe, an act to amend the Veterans' Services Law;
Senate Print 8207, by Senator Jackson, an act to amend the Retirement and Social Security Law;
Senate Print 8256, by Senator Sutton, an act to amend the Administrative Code of the City of New York;
Senate Print 8257, by Senator Sutton, an act directing the Department of Health to establish an alternative payment methodology for Federally Qualified Health Centers;
Senate Print 8271, by Senator Stewart-Cousins, an act in relation to authorizing the City of Yonkers to alienate and discontinue the use of certain parklands;
Senate Print 8312, by Senator Hinchey, an act to amend the Criminal Procedure Law;
Senate Print 8320, by Senator Hoylman-Sigal, an act to amend the Court of Claims Act;
Senate Print 8334, by Senator Gounardes, an act to amend the Insurance Law;
Senate Print 8338, by Senator Mayer, an act to amend the Executive Law;
Senate Print 8384, by Senator Jackson, an act to amend the Executive Law.
All bills reported direct to third reading.
SENATOR GIANARIS:Move to accept the report of the Rules Committee.
ACTING PRESIDENT BAILEY:All those in favor of accepting the report of the Rules Committee please signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT BAILEY:Opposed, nay.
(Response of "Nay.")
ACTING PRESIDENT BAILEY:The report of the Rules Committee is accepted.
Senator Gianaris.
SENATOR GIANARIS:Let's take up the calendar at this time, Mr. President.
ACTING PRESIDENT BAILEY:The Secretary will read.
THE SECRETARY:Calendar Number 182, Senate Print 1985A, by Senator Harckham, an act to amend the Criminal Procedure Law.
SENATOR LANZA:Lay it aside.
ACTING PRESIDENT BAILEY:Lay it aside.
THE SECRETARY:Calendar Number 204, Senate Print 488A, by Senator Fernandez, an act to amend the General Business Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the 180th day after it shall have become a law.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 204, voting in the negative are Senators Ashby, Canzoneri-Fitzpatrick, Chan, Mattera, Ortt, Palumbo, Stec, Tedisco, Walczyk and Weik.
Ayes, 51. Nays, 10.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 246, Senate Print 2271, by Senator Krueger, an act to amend the Executive Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of January.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 246, voting in the negative are Senators Ashby, Canzoneri-Fitzpatrick, Chan, Lanza, Martins, Mattera, Oberacker, Ortt, Palumbo, Rhoads, Stec, Tedisco, Walczyk and Weik.
Ayes, 47. Nays, 14.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 316, Assembly Bill Number 804C, by Assemblymember Magnarelli, an act to amend the General Business Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the 180th day after it shall have become a law.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 322, Assembly Bill Number 1096B, by Assemblymember Magnarelli, an act to amend the General Business Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 90th day after it shall have become a law.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 322, voting in the negative: Senator Walczyk.
Ayes, 60. Nays, 1.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 500, Senate Print 626, by Senator Stavisky, an act to amend the Penal Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 500, voting in the negative are Senators Ashby, Borrello, Oberacker, Ortt, Stec, Tedisco, Walczyk and Weik.
Ayes, 53. Nays, 8.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 510, Senate Print 194A, by Senator Martinez, an act to amend the General Business Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 180th day after it shall have become a law.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar Number 510, voting in the negative are Senators Oberacker, Ortt, Rhoads, Stec, Tedisco, Walczyk and Weik.
Ayes, 54. Nays, 7.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 511, Senate Print 397, by Senator Myrie, an act to amend the General Business Law.
SENATOR LANZA:Lay it aside.
ACTING PRESIDENT BAILEY:Lay it aside.
THE SECRETARY:Calendar Number 592, Senate Print 4840, by Senator Fahy, an act to amend the Lien Law.
SENATOR GIANARIS:Lay it aside for the day.
ACTING PRESIDENT BAILEY:The bill will be laid aside for the day.
THE SECRETARY:Calendar Number 627, Senate Print 6600B, by Senator Jackson, an act to amend the Multiple Dwelling Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 627, voting in the negative are Senators Ashby, Canzoneri-Fitzpatrick, Chan, Lanza, Martins, Mattera, Oberacker, Ortt, Palumbo, Rhoads, Rolison, Stec, Tedisco, Walczyk and Weik.
Ayes, 46. Nays, 15.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 632, Senate Print 5277, by Senator Bailey, an act to amend the Cannabis Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 632, voting in the negative are Senators Ashby, Canzoneri-Fitzpatrick, Chan, Lanza, Martinez, Martins, Mattera, Ortt, Palumbo, Rhoads, Tedisco, Walczyk and Weik.
Ayes, 48. Nays, 13.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 634, Senate Print 2433A, by Senator Krueger, an act to amend the Real Property Law.
SENATOR LANZA:Lay it aside.
ACTING PRESIDENT BAILEY:Lay it aside.
THE SECRETARY:Calendar Number 645, Senate Print 4906A, by Senator Fahy, an act to amend the Executive Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 120th day after it shall have become a law.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 773, Senate Print 1353B, by Senator Cleare, an act to amend the General Business Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 90th day after it shall have become a law.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 773, voting in the negative are Senators Canzoneri-Fitzpatrick, Lanza, Mattera, Oberacker, Ortt, Stec, Walczyk and Weik.
Ayes, 53. Nays, 8.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 779, Senate Print 290A, by Senator Rhoads, an act to amend the Highway Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 779, voting in the negative: Senator Brisport.
Ayes, 60. Nays, 1.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 882, Senate Print 7630, by Senator Skoufis, an act to amend the Tax Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 882, voting in the negative are Senators Harckham, Hinchey, Lanza, Martinez, Palumbo, C. Ryan, Scarcella-Spanton and Weik. Also Senator Canzoneri-Fitzpatrick.
Ayes, 52. Nays, 9.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 899, Senate Print 607A, by Senator Stavisky, an act to amend the Education Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 15. This act shall take effect 18 months after it shall have become a law.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1037, Senate Print 550A, by Senator Brisport, an act to amend the Social Services Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 1037, voting in the negative are Senators Bynoe and Martinez.
Ayes, 59. Nays, 2.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1039, Senate Print 1026A, by Senator Kavanagh, an act to amend the Executive Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 90th day after it shall have become a law.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 1039, voting in the negative are Senators Ashby, Lanza, Oberacker, Ortt, Palumbo, Stec, Tedisco, Walczyk and Weik.
Ayes, 52. Nays, 9.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1052, Senate Print 2646, by Senator Stec, an act to amend the Executive Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1054, Assembly Bill Number 6195, by Assemblymember Fall, an act to amend Chapter 306 of the Laws of 2011.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1067, Senate Print 2110D, by Senator Oberacker, an act to amend the Highway Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1153, Senate Print 6009, by Senator Baskin, an act to amend the General Municipal Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1154, Assembly Bill Number 6593, by Assemblymember Schiavoni, an act to amend Chapter 264 of the Laws of 1961.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 1154, voting in the negative: Senator Skoufis.
Ayes, 60. Nays, 1.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1219, Senate Print 2058, by Senator Webb, an act to amend the Education Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 3. This act shall take effect April 1, 2026.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 1219, voting in the negative are Senators Ashby, Canzoneri-Fitzpatrick, Chan, Lanza, Martinez, Oberacker, Ortt, Rhoads, Stec, Tedisco, Walczyk and Weik.
Ayes, 49. Nays, 12.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1246, Senate Print 362, by Senator Gianaris, an act to amend the General Business Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 6. This act shall take effect on the first of January.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 1246, voting in the negative are Senators Ashby, Canzoneri-Fitzpatrick, Chan, Harckham, Hinchey, Lanza, Mattera, Oberacker, Ortt, Palumbo, Rhoads, Rolison, C. Ryan, Stec, Tedisco, Walczyk and Weik.
Ayes, 44. Nays, 17.
ACTING PRESIDENT BAILEY:The bill is passed.
ACTING PRESIDENT BAILEY:Calendar Number 1239 is high and will be laid aside for the day.
THE SECRETARY:Calendar Number 1254, Senate Print 6121, by Senator Mayer, an act to amend the Executive Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 1254, voting in the negative are Senators Ashby, Oberacker, Ortt and Walczyk.
Ayes, 57. Nays, 4.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1269, Senate Print 3610A, by Senator Helming, an act to amend the Mental Hygiene Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 60th day after it shall have become a law.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1311, Senate Print 4542, by Senator Fahy, an act in relation to authorizing Justin Finkle to take the competitive civil service examination for the position of police officer.
ACTING PRESIDENT BAILEY:There is a home-rule message at the desk.
Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1354, Senate Print 4836, by Senator Fahy, an act to amend the Judiciary Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1411, Senate Print 5597, by Senator May, an act to amend the General Business Law.
SENATOR LANZA:Lay it aside.
ACTING PRESIDENT BAILEY:Lay it aside.
THE SECRETARY:Calendar Number 1416, Senate Print 7727, by Senator Skoufis, an act to amend the General Business Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 90th day after it shall have become a law.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 1416, voting in the negative are Senators Lanza, Martins and Walczyk.
Ayes, 58. Nays, 3.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1421, Senate Print 7455, by Senator Hoylman-Sigal, Concurrent Resolution --
SENATOR SERRANO:Excuse me. Lay it aside for the day.
ACTING PRESIDENT BAILEY:The bill will be laid aside for the day.
THE SECRETARY:Calendar Number 1423, Senate Print 8175, by Senator Sepúlveda, an act to amend the Surrogate's Court Procedure Act.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 1423, voting in the negative: Senator Walczyk.
Ayes, 60. Nays, 1.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1445, Senate Print 7649, by Senator C. Ryan, an act to amend the Tax Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 1445, voting in the negative are Senators Canzoneri-Fitzpatrick, Harckham, Hinchey, Lanza, Martinez, Scarcella-Spanton, Skoufis and Weik.
Ayes, 53. Nays, 8.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Excuse me. Also Senator Palumbo as well.
Ayes, 52. Nays, 9.
ACTING PRESIDENT BAILEY:The bill still passes.
THE SECRETARY:Calendar Number 1448, Assembly Bill Number 979A, by Assemblymember Lunsford, an act to amend the Insurance Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1451, Assembly Bill Number 6595, by Assemblymember Weprin, an act to amend the Insurance Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 1451, voting in the negative: Senator Walczyk.
Ayes, 60. Nays, 1.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1456, Senate Print 56B, by Senator Fernandez, an act to amend the Public Health Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Senator Fernandez to explain her vote.
SENATOR FERNANDEZ:Thank you, Mr. President.
This legislation codifies the Drug Checking Services Program in New York State, something we've been doing for a number of years.
In October 2023 the Department of Health announced a drug checking program to protect individuals from laced drugs, to better understand the local drug supply, and improve outcomes for people with a substance use disorder.
Since its inception the program has allowed for realtime testing on nearly 2500 samples at 13 different sites. Unlike test strips, which allow you to test for one substance at a time, the machine that's used in these programs can test for a number of adulterants such as fentanyl and its analogs, xylazine, medetomidine, caffeine, acetaminophen, as well as more fillers such as mannitol.
The data from these samples have not only provided lifesaving information to the individuals using these services but have provided DOH and their providers with current drug trends to inform care, advocacy, research and policy.
This program, along with other public health responses to the overdose epidemic, is responsible for the small but steady decrease in overdoses within the state. We can build on this progress by codifying the drug checking program already being facilitated across the state.
This bill ensures that drug checking programs are protected in our state at a time when we are seeing constant attacks on behavioral health services from the federal government. It not only provides legal protections for the individuals operating and using drug checking services, but it also empowers the Department of Health to monitor and to respond to trends in the unregulated drug supply to get and stay ahead of the overdose crisis.
Now is not the time to claim victory and walk back our efforts. We must continue to push forward to help those most vulnerable New Yorkers, especially those in the Black and brown communities who have borne the brunt of this epidemic. Let's continue these dips and make sure we're keeping programs that work alive.
I urge my colleagues to support this legislation. I vote aye.
ACTING PRESIDENT BAILEY:Senator Fernandez to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar 1456, voting in the negative are Senators Ashby, Bynoe, Canzoneri-Fitzpatrick, Chan, Lanza, Martinez, Martins, Mattera, Ortt, Palumbo, Rhoads, Rolison, C. Ryan, Skoufis, Stec, Sutton, Tedisco, Walczyk and Weik.
Ayes, 42. Nays, 19.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1486, Senate Print 4641A, by Senator S. Ryan, an act to amend the Labor Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the 30th day after it shall have become a law.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 1486, voting in the negative are Senators Ashby, Canzoneri-Fitzpatrick, Chan, Lanza, Martins, Mattera, Oberacker, Ortt, Palumbo, Rhoads, Rolison, Stec, Tedisco, Walczyk and Weik.
Ayes, 46. Nays, 15.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1512, Senate Print 7974, by Senator Gonzalez, an act to amend the General Business Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 1512, voting in the negative are Senators Ashby, Canzoneri-Fitzpatrick, Mattera, Oberacker, Ortt, Palumbo, Rhoads, Rolison, Stec, Tedisco, Walczyk and Weik.
Ayes, 49. Nays, 12.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1513, Senate Print Number 7451, by Senator Hoylman-Sigal, an act to amend the Domestic Relations Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 1513, voting in the negative are Senators Canzoneri-Fitzpatrick, Lanza, Martins, Ortt, Rhoads, Stec, Tedisco and Walczyk.
Ayes, 53. Nays, 8.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1518, Senate Print 84, by Senator Liu, an act to amend Chapter 802 of the Laws of 1947.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 1518, voting in the negative are Senators Ashby, Chan, Lanza, Mattera, Oberacker, O'Mara, Ortt, Rhoads, Rolison, Skoufis, Stec, Tedisco, Walczyk and Weik.
Ayes, 47. Nays, 14.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1519, Senate Print Number 455A, by Senator Hoylman-Sigal, an act to amend the Public Officers Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 1519, voting in the negative are Senators Martins and Walczyk.
Ayes, 59. Nays, 2.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1521, Senate Print 649, by Senator S. Ryan, an act to amend Subpart H of Part C of Chapter 20 of the Laws of 2015.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 1521, voting in the negative: Senator Walczyk.
Ayes, 60. Nays, 1.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1523, Senate Print 1613A, by Senator Fahy, an act directing the Empire State Development Corporation, in conjunction with the Office of General Services, to create plans for the development of mixed-use commercial and residential property.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Senator Fahy to explain her vote.
SENATOR FAHY:Thank you, Mr. President.
I rise to vote aye in support of this legislation. I'm really pleased. This has been a years-long effort to allow for mixed-use development on a 7-acre portion where we plan to build the Wadsworth Labs as well as to create a master plan for the entire campus, which is well over 200 acres and highly underutilized. In fact, it's called -- often referred to as the "uptown parking lot district."
We think this will go hand-in-hand with the transformational $400 million that we've secured to revitalize the downtown campus; I'm very grateful to the Governor on that part.
However, we are investing 1.7 billion in state-of-the-art Wadsworth public health labs, and it is being done in isolation of the rest of Harriman Campus and only addressing one part of it.
We face a massive housing shortage. We think more can be done with a portion of the land designated for Wadsworth, those -- the 7 acres I referred to, as well as a comprehensive plan which we hope would also address some of the needs of New York Creates and other growth industries here in the Capital Region.
This vision has been -- a bigger vision for Harriman has been supported by 75 elected officials, community leaders, labor, neighborhood associations and more. And again, want this to go hand-in-hand with the efforts in downtown.
We are trying to correct mistakes from five decades ago that have fueled a disconnected, sprawling campus that is still very much stuck in the 1960s. We think that a much bigger vision is needed there and that we can do both, as well as build these state-of-the-art Wadsworth labs that we've been advocating for for about 10 years.
And with that, Mr. President, I'm grateful to see this legislation move, and I vote in the affirmative. Thank you.
ACTING PRESIDENT BAILEY:Senator Fahy to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar 1523, voting in the negative are Senators Oberacker, Rolison and Weik.
Ayes, 58. Nays, 3.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1530, Assembly Bill Number 6783, by Assemblymember Weprin, an act in relation to ordering a study and report on a proposed extension of the Long Island Motor Parkway.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1531, Assembly Bill Number 7377, by Assemblymember Stirpe, an act to amend the Canal Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1535, Senate Print 5387, by Senator Harckham, an act directing the Commissioner of Transportation to waive an annual security deposit fee.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1537, Senate Print 5755, by Senator Cleare, an act to amend the Public Health Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Senator Cleare to explain her vote.
SENATOR CLEARE:Thank you, Mr. President.
Recreational cannabis may be legal in New York State, and the MRTA got it right when it prohibited those under 21 from the purchase, possession or use of recreational cannabis.
However, you cannot take a step in any direction in my district without encountering a smoke shop or a glaring advertisement of cannabis of any kind.
This oversaturation and easy accessibility is harmful and exploitative because it's sending a message to those under 21 that using cannabis is okay. And with all the candy, cookie, cake and other snack and beverage options, it is quite appealing to them.
According to the Centers for Disease Control and Prevention, CDC, the brain is not fully developed until the age of 25. And marijuana use during the teenage and young adult years could impact its development in an adverse manner.
There are facts and education that every young person should have. And it's not a matter of just saying no, but being able to make an intelligent and reasoned decision. Creating an awareness program will help equip our young people with sound information and an opportunity to ask important questions.
I proudly vote aye and ask my colleagues to do the same.
ACTING PRESIDENT BAILEY:Senator Cleare to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1539, Senate Print 6307, by Senator Sanders, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1541, Senate Print 6484A, by Senator C. Ryan, an act to amend the Economic Development Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 7. This act shall take effect on the 180th day after it shall have become a law.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1544, Assembly Bill Number 1241A, by Assemblymember Simon, an act to repeal Section 17-140 of the Election Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 1544, voting in the negative are Senators Canzoneri-Fitzpatrick, Chan, Lanza, Mattera, Oberacker, Ortt, Palumbo, Rhoads, Rolison, Stec, Tedisco and Weik.
Ayes, 49. Nays, 12.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1546, Assembly Bill Number 7745, by Assemblymember Stern, an act to amend the Tax Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 1546, voting in the negative are Senators Canzoneri-Fitzpatrick, Harckham, Hinchey, Lanza, C. Ryan, Scarcella-Spanton and Skoufis.
Ayes, 54. Nays, 7.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1547, Assembly Bill Number 5927, by Assemblymember P. Carroll, an act to amend the Chapter 329 of the Laws of 2009.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1548, Senate Print 7542A, by Senator Ortt, an act to amend Chapter 530 of the Laws of 2024.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 1548, voting in the negative are Senators Canzoneri-Fitzpatrick, Harckham, Lanza, Martinez, C. Ryan, Scarcella-Spanton and Skoufis.
Ayes, 54. Nays, 7.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1551, Assembly Bill Number 8113, by Assemblymember Seawright, an act to amend Chapter 462 of the Laws of 2015.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT BAILEY:The bill is passed.
There is a substitution at the desk.
The Secretary will read.
THE SECRETARY:Senator Rolison moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 8074A and substitute it for the identical Senate Bill 7742A, Third Reading Calendar 1552.
ACTING PRESIDENT BAILEY:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1552, Assembly Bill Number 8074A, by Assemblymember Jacobson, an act to amend the Tax Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 1552, voting in the negative are Senators Canzoneri-Fitzpatrick, Harckham, Lanza, Martinez, C. Ryan, Scarcella-Spanton, Skoufis and Weik.
Ayes, 53. Nays, 8.
ACTING PRESIDENT BAILEY:The bill is passed.
There is a substitution at the desk.
The Secretary will read.
THE SECRETARY:Senator Webb moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 8155 and substitute it for the identical Senate Bill 7804, Third Reading Calendar 1553.
ACTING PRESIDENT BAILEY:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1553, Assembly Bill Number 8155, by Assemblymember Kelles, an act to amend the Tax Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 1553, voting in the negative are Senators Canzoneri-Fitzpatrick, Harckham, Lanza, Martinez, C. Ryan, Scarcella-Spanton, Skoufis, Tedisco and Weik.
Ayes, 52. Nays, 9.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1557, Assembly Bill Number 8276, by Assemblymember Levenberg, an act to amend Chapter 606 of the Laws of 2006.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Senator Ashby to explain his vote.
SENATOR ASHBY:Thank you, Mr. President.
I want to thank the sponsor for bringing this bill to the floor.
And I think if we're all in agreement that we can declare this as presumptuous, then I would hope that we could recognize our responsibility in providing pre-cancer screenings for all volunteer firefighters. Hope to see that into law soon.
Thank you.
ACTING PRESIDENT BAILEY:Senator Ashby to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1560, Assembly Bill Number 8210, by Assemblymember Kelles, an act to amend Chapter 443 of the Laws of 2007.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 1560, voting in the negative are Senators Canzoneri-Fitzpatrick, Harckham, Lanza, Martinez, C. Ryan, Scarcella-Spanton, Skoufis, Tedisco and Weik.
Ayes, 52. Nays, 9.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1562, Assembly Bill Number 8597, by Assemblymember Stirpe, an act to amend Chapter 230 of the Laws of 2023.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 1562, voting in the negative: Senators Martinez and May.
Ayes, 59. Nays, 2.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1563, Assembly Bill Number 8275, by Assemblymember Jones, an act to amend Chapter 668 of the Laws of 1997.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1570, Assembly Bill Number 8571, by Assemblymember Rosenthal, an act to amend Chapter 514 of the Laws of 1983.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1571, Assembly Bill Number 8433, by Assemblymember Davila, an act to amend Chapter 436 of the Laws of 1997.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 1571, voting in the negative: Senator Walczyk.
Ayes, 60. Nays, 1.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1576, Assembly Bill Number 7212, by Assemblymember Otis, an act to amend Chapter 618 of the Laws of 1998.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1577, Assembly Bill Number 8153, by Assemblymember P. Carroll, an act to amend Chapter 674 of the Laws of 1993.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1578, Assembly Bill Number 7694, by Assemblymember Conrad, an act to amend Chapter 413 of the Laws of 2003.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1583, Assembly Bill Number 8416, by Assemblymember Burke, an act to amend the Local Finance Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1584, Assembly Bill Number 8478, by Assemblymember Valdez, an act to amend Chapter 20 of the Laws of 1998.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1586, Assembly Bill Number 8596, by Assemblymember Glick, an act to amend Chapter 550 of the Laws of 2013.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1587, Senate Print 8273, by Senator Stewart-Cousins, an act to amend Chapter 118 of the Laws of 1969.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 3. This act shall take effect July 1, 2025.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1590, Assembly Bill Number 8568, by Assemblymember Lavine, an act to amend the Real Property Tax Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 1590, voting in the negative: Senator Skoufis.
Ayes, 60. Nays, 1.
ACTING PRESIDENT BAILEY:The bill is passed.
Senator Gianaris, that completes the reading of today's calendar.
SENATOR GIANARIS:Mr. President, I believe we have a one-bill supplemental active list. Can we take that up, please.
ACTING PRESIDENT BAILEY:The Secretary will read the supplemental active list.
THE SECRETARY:Calendar Number 1666, Senate Print 8357, by Senator Sanders, an act to amend the State Finance Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 1666, voting in the negative: Senator Walczyk.
Ayes, 60. Nays, 1.
ACTING PRESIDENT BAILEY:The bill is passed.
Senator Gianaris, that completes the reading of today's supplemental active list.
SENATOR GIANARIS:Go to the supplemental calendar, please.
ACTING PRESIDENT BAILEY:The Secretary will read.
THE SECRETARY:Calendar Number 1674, Assembly Bill Number 136, by Assemblymember Paulin, an act to amend the Public Health Law.
SENATOR LANZA:Lay it aside.
ACTING PRESIDENT BAILEY:Lay it aside.
THE SECRETARY:Calendar Number 1675, Senate Print 426, by Senator Liu, an act to amend the Legislative Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 1575, voting in the negative: Senator Lanza.
Ayes, 60. Nays, 1.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1676, Assembly Bill Number 7040B, by Assemblymember Stirpe, an act to amend the Alcoholic Beverage Control Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 5. This act shall take effect on the 180th day after it shall have become a law.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1677, Senate Print 915, by Senator S. Ryan, an act to amend the Highway Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 180th day after it shall have become a law.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 1677, voting in the negative are Senators Borrello, Chan, Lanza, Mattera, Oberacker, Ortt, Rhoads, Skoufis, Stec, Tedisco, Walczyk, Weber and Weik.
Ayes, 48. Nays, 13.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1678, Senate Print 1472, by Senator S. Ryan, an act to amend the Penal Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 1678, voting in the negative are Senators Ashby, Borrello, Canzoneri-Fitzpatrick, Chan, Helming, Lanza, Mattera, Oberacker, Ortt, Palumbo, Rhoads, Rolison, Stec, Tedisco, Walczyk, Weber and Weik.
Ayes, 44. Nays, 17.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1680, Senate Print 1891, by Senator Jackson, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT BAILEY:Calendar Number 1679 is high and will be laid aside for the day.
THE SECRETARY:Calendar Number 1680, Senate Print 1891, by Senator Jackson, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 15. This act shall take effect one year after it shall have become a law.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 1680, voting in the negative are Senators Ashby, Borrello, Canzoneri-Fitzpatrick, Chan, Helming, Martinez, Martins, Mattera, Oberacker, Rhoads, Stec, Tedisco, Weber and Weik.
Ayes, 47. Nays, 14.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1681, Senate Print 1986, by Senator Harckham, an act to amend the Education Law.
SENATOR LANZA:Lay it aside.
ACTING PRESIDENT BAILEY:Lay it aside.
THE SECRETARY:Calendar Number 1682, Assembly Bill Number 4938, by Assemblymember Levenberg, an act to amend the Labor Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 1682, voting in the negative: Senator Walczyk.
Ayes, 60. Nays, 1.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1683, Senate Print 3155, by Senator Cooney, an act to amend the Insurance Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Senator Cooney to explain his vote.
SENATOR COONEY:Thank you, Mr. President.
It's a privilege to speak in support of my legislation which would provide greater coverage and access for in vitro fertilization here in New York State. With all the craziness and uncertainty happening at the federal level, we know it's important more than ever for New Yorkers to take the lead when it comes to reproductive healthcare options, and this bill would do just that.
Back in 2019 this Legislature passed a landmark piece of legislation to require coverage for three cycles of IVF in cases of infertility. But unfortunately, what we have seen since that legislation first passed is that a number of healthcare practices and insurance companies have been requiring the use of all of those embryos in a cycle before covering the next -- a situation that is not always viable, and it delays the process for many parents-to-be.
When a couple is trying to have a child, the last thing they want to do is to wait longer and to risk more potential issues of a healthy birth down the line. I'm proud to sponsor and support this legislation to make sure that we make these changes in insurance practices and to create more opportunities for those New Yorkers looking to start a family.
I vote aye, Mr. President.
ACTING PRESIDENT BAILEY:Senator Cooney to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar 1683, voting in the negative are Senators Borrello, Stec, Tedisco and Walczyk.
Ayes, 57. Nays, 4.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1684, Senate Print 3820B, by Senator Rivera, an act to amend the Insurance Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1685, Senate Print 4052, by Senator Skoufis, an act to amend the Labor Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1686, Senate Print 4230, by Senator Comrie, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1687, Senate Print 4497, by Senator Hinchey, an act to amend the Insurance Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Senator Hinchey to explain her vote.
SENATOR HINCHEY:Thank you, Mr. President.
I rise incredibly excited to vote in favor of this bill. Healthcare technology has come a long way in just the last few years, and we now have the ability to give people the option on when they want to start a family and how.
And for many women, the prime time to start that family biologically is also the prime career years of their life. And for some people they're able to either defer starting a family because they either haven't found the right partner or they want to focus on work or whatever other reason, if they have insurance to cover egg freezing.
Most people who have that option are people who either work in big tech companies or big companies that provide that option, or if they're incredibly wealthy and have the means to do it. But most other people do not have the ability for regular commercial insurance to cover this type of fertility preservation.
And so today, in passing this bill, which requires commercial insurance to cover the cost of egg freezing and storage, we are the first house in the country to actually pass this kind of coverage. And as my colleague stated, as we are watching at the federal government a lot of uncertainty around what the future of reproductive healthcare looks like, this bill is a really big step in ensuring that women will have the ability to start a family when and how they choose.
Thank you, Mr. President. And for that, I vote aye.
ACTING PRESIDENT BAILEY:Senator Hinchey to be recorded in the affirmative.
Senator Cooney to explain his vote.
SENATOR COONEY:Thank you, Mr. President.
I just want to rise and thank the bill sponsor, Senator Hinchey, for her leadership on this historic legislation.
I think we all have to take a different look at IVF legislation. This is really becoming an equity issue: Who can have a family, who cannot have a family. Who can afford to have a family, who cannot afford to have a family.
This type of legislation the Senate Majority is moving forward today allows that conversation to be had by New Yorkers regardless of their income level. If they want to have a family, they should have the right to do so in our great state, and we're doing that today.
I vote aye, Mr. President.
ACTING PRESIDENT BAILEY:Senator Cooney to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar 1687, voting in the negative are Senators Borrello, Canzoneri-Fitzpatrick, Chan, Helming, O'Mara, Ortt, Stec, Tedisco, Walczyk and Weik.
Ayes, 51. Nays, 10.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1688, Senate Print 4534, by Senator Skoufis, an act to amend the Executive Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 5. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 1688, voting in the negative are Senators Ashby, Borrello, Canzoneri-Fitzpatrick, Chan, Helming, Martins, Mattera, Oberacker, O'Mara, Ortt, Palumbo, Rhoads, Rolison, Stec, Tedisco, Walczyk, Weber and Weik.
Ayes, 43. Nays, 18.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1689, Senate Print 4658A, by Senator S. Ryan, an act to amend the General Municipal Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Announce the results.
THE SECRETARY:In relation to Calendar 1689, voting in the negative are Senators Ashby, Borrello, Canzoneri-Fitzpatrick, Helming, Martinez, Martins, Oberacker, Rhoads, Rolison, Tedisco, Walczyk and Weik.
Ayes, 49. Nays, 12.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1690, Senate Print 4803, by Senator C. Ryan, an act to amend the Volunteer Firefighters' Benefit Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 120th day after it shall have become a law.
ACTING PRESIDENT MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1691, Assembly Bill Number 1433A, by Assemblymember Hunter, an act to amend the Insurance Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 180th day after it shall have become a law.
ACTING PRESIDENT MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1692, Senate Print 6150, by Senator Parker, an act to amend the Banking Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 90th day after it shall have become a law.
ACTING PRESIDENT MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1693, Senate Print 6155A, by Senator Bailey, an act to amend the Education Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Senator Bailey to explain his vote.
SENATOR BAILEY:Thank you, Madam President.
So a few years back we created something I thought was excellent. We created something called the Excelsior Scholarship, which allowed talented and bright students to be able to pursue an education, a higher education, even if they didn't make a lot of money and if their parents weren't as well off.
And this has an income level, right? But what happens if you have a hardworking parent or parents and they decide to go get a little bit more overtime to make sure that they're helping their family out, that they're taking care of things in the community and in their home?
Well, that happened in my community, and one of my daughter's teachers, she went through this scenario and she explained it to me, she had gone and taught summer school and made a couple of hundred dollars more, but it disqualified her son from the Excelsior Scholarship.
This is not something that should be happening. We're not talking about a raise, a 20 percent raise or a 30 percent raise, which I'm sure anybody would be happy to get, but we're talking about a couple of hundred dollars from teaching in the summer. That should not be a disqualifying factor for a young person to be able to obtain their education.
So I'm glad we're starting this out today, because this allows for a modest increase in your income. Again, these aren't major raises. Modest increase so that, most importantly, so you're not afraid to take a little bit of extra work and your family will not suffer if that happens.
I am proud to sponsor this legislation. I proudly vote aye, Madam President.
ACTING PRESIDENT MAYER:Senator Bailey to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar 1693, voting in the negative are Senators Canzoneri-Fitzpatrick, Lanza, Martins, Ortt, Rhoads, Walczyk and Weik.
Ayes, 54. Nays, 7.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1694, Senate Print 6166, by Senator S. Ryan, an act to amend the Real Property Tax Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Announce the results.
THE SECRETARY:In relation to Calendar 1694, Senators voting in the negative: Senator Weik.
Ayes, 60. Nays, 1. Oh, also Senator Mayer.
Ayes, 59. Nays, 2.
ACTING PRESIDENT MAYER:The bill is passed.
Calendar Number 1695 is high and will be laid aside for the day.
THE SECRETARY:Calendar Number 1696, Senate Print 6334, by Senator Fahy, an act to amend the Education Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 2. This act shall take effect 18 months after it shall have because a law.
ACTING PRESIDENT MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Announce the results.
THE SECRETARY:In relation to Calendar 696, voting in the negative are Senators Canzoneri-Fitzpatrick, Martins and Walczyk.
Ayes, 58. Nays, 3.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1697, Assembly Bill Number 2739, by Assemblymember Cruz, an act to amend the Real Property Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 1697, voting in the negative: Senator Rhoads.
Ayes, 60. Nays, 1.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1698, Senate Print 6640, by Senator Gounardes, an act to amend the Retirement and Social Security Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1699, Senate Print 6736A, by Senator Fahy, an act to amend the Social Services Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of April.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1700, Senate Print 7007, by Senator Bynoe, an act to amend the General Business Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the 90th day after it shall have become a law.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 1700, voting in the negative are Senators Ashby, Borrello, Canzoneri-Fitzpatrick, Chan, Gallivan, Helming, Lanza, Oberacker, O'Mara, Ortt, Rhoads, Rolison, Stec, Walczyk and Weik.
Ayes, 46. Nays, 15.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1701, Senate Print 7032, by Senator Sepúlveda, an act to amend the Vehicle and Traffic Law.
SENATOR LANZA:Lay it aside.
ACTING PRESIDENT BAILEY:Lay it aside.
THE SECRETARY:Calendar Number 1702, Senate Print Number 7191, by Senator Scarcella-Spanton, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 120th day after it shall have become a law.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1703, Senate Print 7422A, by Senator Stewart-Cousins, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 1703, voting in the negative are Senators Helming, Martinez, Martins, Walczyk and Weik.
Ayes, 56. Nays, 5.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1704, Assembly Bill Number 8465, by Assemblymember Otis, an act to amend the Labor Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 1704, voting in the negative are Senators Gallivan, Hinchey, Oberacker, Rhoads, Stec and Walczyk.
Ayes, 55. Nays, 6.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1705, Assembly Bill Number 2168, by Assemblymember Paulin, an act to amend the Public Health Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 180th day after it shall have become a law.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1706, Senate Print 7642, by Senator Comrie, an act to amend the Public Health Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the first of January.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1707, Senate Print 7680A, by Senator Serrano, an act to amend the Parks, Recreation and Historic Preservation Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1708, Senate Print 7717, by Senator Cooney, an act to amend the General Business Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
SENATOR LANZA:Lay it aside.
ACTING PRESIDENT BAILEY:Lay it aside.
THE SECRETARY:Calendar Number 1709, Senate Print 7731, by Senator Webb, an act to amend the Insurance Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the 120th day after it shall have become a law.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Senator Webb to explain her vote.
SENATOR WEBB:Thank you, Mr. President. I rise to explain my vote on this important legislation.
What this does is that it amends the Insurance Law to ensure that a new mother and their infant are not separated in the event that a newborn infant has a medical issue regarding transport to a hospital that is able to provide specialized care.
Despite the importance of a birthing parent being near their newborn during this time, insurance coverage for the transfer of the hospitalization of the hospitalized birthing parent is not guaranteed. Physicians who provide maternity care must receive approval from an insurance company for the transfer to be covered.
And waiting for approval and potentially being denied coverage for the transfer creates time-consuming barriers that impedes care and also creates additional stress.
This legislation ensures a birthing parent is able to fully participate in the healthcare of their new child and that a birthing parent and their newborn do not miss out on important opportunities for bonding and skin-to-skin contact just because of lack of insurance coverage for the hospital transfer of a birthing parent.
I proudly vote aye, and I encourage my colleagues to do the same.
Thank you, Madam President.
ACTING PRESIDENT PERSAUD:Senator Webb to be recorded in the affirmative.
Senator Martins to explain his vote.
SENATOR MARTINS:Thank you, Madam President.
You know, I want to first thank the sponsor for this bill. It is so important that a mother have the opportunity to spend time with her child. And certainly, you know, economics should not come into play when it comes to deciding how to transport a baby with her mother. That's really -- or his or her mother.
That's what this is all about. It's important from a public policy standpoint that we keep mothers with their child every chance we can get, and it's a small cost to pay. I'll be voting aye.
ACTING PRESIDENT PERSAUD:Senator Martins to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1710, Senate Print 7800, by Senator Harckham, an act to amend the Public Officers Law.
ACTING PRESIDENT PERSAUD:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT PERSAUD:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT PERSAUD:Announce the results.
THE SECRETARY:In relation to Calendar 1710, voting in the negative: Senator Weik.
Ayes, 60. Nays, 1.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1711, Senate Print 7801, by Senator Harckham, an act to amend the Public Officers Law.
ACTING PRESIDENT PERSAUD:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT PERSAUD:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT PERSAUD:Announce the results.
THE SECRETARY:In relation to Calendar 1711, voting in the negative: Senator Weik.
Ayes, 60. Nays, 1.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1712, Senate Print Number 7882, by Senator Hoylman-Sigal, an act to amend the General Business Law.
ACTING PRESIDENT PERSAUD:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 60th day after it shall have become a law.
ACTING PRESIDENT PERSAUD:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT PERSAUD:Announce the results.
THE SECRETARY:In relation to Calendar 1712, voting in the negative are Senators Ashby, Borrello, Canzoneri-Fitzpatrick, Chan, Gallivan, Griffo, Helming, Lanza, Martins, Mattera, Oberacker, O'Mara, Ortt, Palumbo, Rhoads, Rolison, C. Ryan, Stec, Tedisco, Walczyk, Weber and Weik.
Ayes, 39. Nays, 22.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1713, Assembly Bill Number 8279, by Assemblymember Kassay, an act relating to permitting the Setauket Fire District and Stony Brook Fire District to enter into contracts with the State University of New York at Stony Brook.
ACTING PRESIDENT PERSAUD:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of January.
ACTING PRESIDENT PERSAUD:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT PERSAUD:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1714, Senate Print 7984, by Senator Fernandez, an act to amend the Social Services Law.
ACTING PRESIDENT PERSAUD:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT PERSAUD:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT PERSAUD:Announce the results.
THE SECRETARY:In relation to Calendar 1714, voting in the negative are Senators Martins and Walczyk.
Ayes, 59. Nays, 2.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1715, Senate Print 8059, by Senator Bailey, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT PERSAUD:Read the last section.
THE SECRETARY:Section 3. This act shall take effect one year after it shall have become a law.
ACTING PRESIDENT PERSAUD:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT PERSAUD:Senator Bailey to explain his vote.
SENATOR BAILEY:Thank you, Madam President.
So around the state there were a few sheriff's offices in a few localities that were doing something really ingenious in advance of what we've called the Blue Envelope Program. This is what happens when there are individuals who are neurodivergent, that may have autism spectrum syndrome or a host of other things happening. And they can place their license and registration inside a blue envelope and, in the event of a traffic stop, they hand that blue envelope over to the officer that's making the stop.
When at officer makes the stop and they see that blue envelope, they realize that the individual that's driving, you know, is a part of that community that I mentioned earlier. So it lessens the tension, it decreases the possibility for possible infractions and unfortunate incidents.
And this is supported not just by the sheriffs, but it's also supported by the troopers. And I want to thank the troopers for supporting this piece of legislation. And I think this is one of these moments that we can point at where we're saying we want everybody to have equal opportunities. Just because you may have a disability or you may be what they call neurodivergent does not mean you cannot do everything else that anybody else can do.
So this allows you to be able to drive and get places by yourself without fear of having a traffic stop go awry. And so it protects the safety of the driver as well as the officer. I'm glad to support it and hope my colleagues do the same.
I'll be voting aye, Madam President.
ACTING PRESIDENT PERSAUD:Senator Bailey to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1716, Senate Print 8082, by Senator Brouk, an act to amend the Mental Hygiene Law.
ACTING PRESIDENT PERSAUD:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT PERSAUD:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT PERSAUD:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1717, Senate Print 8150, by Senator Bynoe, an act to amend the Veterans' Services Law.
ACTING PRESIDENT PERSAUD:Read the last section.
THE SECRETARY:Section 10. This act shall take effect on the 180th day after it shall have become a law.
ACTING PRESIDENT PERSAUD:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT PERSAUD:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1718, Senate Print 8207, by Senator Jackson, an act to amend the Retirement and Social Security Law.
ACTING PRESIDENT PERSAUD:Read the last section.
THE SECRETARY:Section 6. This act shall take effect immediately.
ACTING PRESIDENT PERSAUD:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT PERSAUD:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1719, Senate Print 8256, by Senator Sutton, an act to amend the Administrative Code of the City of New York.
ACTING PRESIDENT PERSAUD:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT PERSAUD:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT PERSAUD:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT PERSAUD:The bill is passed.
Senator Gianaris.
SENATOR GIANARIS:Madam President, apparently that was Senator Sutton's first bill to pass the Senate.
ACTING PRESIDENT PERSAUD:Congratulations, Senator Sutton.
(Standing ovation.)
SENATOR GIANARIS:Now we'll take up the second Senator Sutton bill to pass the Senate.
ACTING PRESIDENT PERSAUD:Okay.
THE SECRETARY:Calendar Number 1720, Senate Print 8257, by Senator Sutton, an act directing the Department of Health to establish an alternative payment methodology for Federally Qualified Health Centers.
ACTING PRESIDENT PERSAUD:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT PERSAUD:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT PERSAUD:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1721, Senate Print Number 8271, by Senator Stewart-Cousins, an act to amend in relation to authorizing the City of Yonkers to alienate and discontinue the use of certain parklands.
ACTING PRESIDENT PERSAUD:There's a home-rule message at the desk.
Read the last section.
THE SECRETARY:Section 7. This act shall take effect immediately.
ACTING PRESIDENT PERSAUD:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT PERSAUD:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1722, Assembly Bill Number 7563, by Assemblymember McDonald, an act to amend the Criminal Procedure Law.
ACTING PRESIDENT PERSAUD:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT PERSAUD:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT PERSAUD:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1723, Senate Print Number 8320, by Senator Hoylman-Sigal, an act to amend the Court of Claims Act.
ACTING PRESIDENT PERSAUD:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT PERSAUD:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT PERSAUD:Announce the results.
THE SECRETARY:In relation to Calendar 1723, voting in the negative are Senators Canzoneri-Fitzpatrick, Rhoads, Walczyk and Weik.
Ayes, 57. Nays, 4.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1724, Senate Print 8334, by Senator Gounardes, an act to amend the Insurance Law.
ACTING PRESIDENT PERSAUD:Read the last section.
THE SECRETARY:Section 5. This act shall take effect on the first of January.
ACTING PRESIDENT PERSAUD:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT PERSAUD:Senator Gounardes to explain his vote.
SENATOR GOUNARDES:Thank you, Madam President.
Rarely do I think a bill has been more timely before us for consideration in this chamber. What this bill would do is it would allow and give authority to the Insurance Commissioner, in consultation with the Health Commissioner, to require in-state insurers to cover the cost of the COVID vaccine.
Now, this was an idea that was brought to me by my wife, actually, a couple of weeks ago, on the heels of the news that the HHS Secretary, Robert Kennedy, Jr., was recommending that COVID coverage no longer be mandated by the CDC for pregnant mothers and young children.
Now, this of course caused a huge uproar in the medical community because we know that COVID can be an incredibly high-risk illness for women who are pregnant and young children in particular. And there was significant concern that if the CDC's Advisory Committee on Immunization Practices followed the Secretary's request and delisted COVID as a covered vaccine -- which would have required the vaccine to be covered under the Affordable Care Act -- it would mean that millions of people who wanted to get the vaccine would not be able to have it covered by their insurance.
Now, thankfully, two weeks ago the CDC declined to follow Secretary Kennedy's directive. But just an hour and a half ago, we saw the news break just this evening that Secretary Kennedy has removed all of the members of the CDC's Advisory Committee on Immunization Practices, thereby paving the way to put in his own appointees, who we believe will now say that the COVID vaccine should not be covered by insurance companies for those who choose to receive it, particularly pregnant women and young children.
We are actually now in a position where we can protect ourselves here in New York State by giving this authority to DFS and the Health Commissioner to, on their own, just like they have the authority for other vaccine series, require that vaccines are covered by insurance companies in the State of New York.
I'm thankful, I know we're all thankful to our families for letting us come up here. I'm particularly thankful to my wife for giving me this idea. And it's one of personal salience for my family because we are expecting our third and obviously are very concerned that if coverage is no longer mandated or covered, it could have a significant impact not just for our family but for countless others across the state.
And so for those reasons I vote aye. Thank you.
ACTING PRESIDENT PERSAUD:Senator Gounardes to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar 1724, voting in the negative are Senators Borrello, Canzoneri-Fitzpatrick, Mattera, Oberacker, O'Mara, Ortt, Rhoads, Walczyk and Weik.
Ayes, 52. Nays, 9.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1725, Senate Print 8338, by Senator Mayer, an act to amend the Executive Law.
ACTING PRESIDENT PERSAUD:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT PERSAUD:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT PERSAUD:Senator Mayer to explain her vote.
SENATOR MAYER:Thank you, Madam President.
I rise to proudly vote aye on this bill to codify disparate impact analysis for workplace discrimination cases under New York's Human Rights Law.
New York has a proud and long tradition of robust and expansive antidiscrimination protection, especially in the workplace. However, it's threatened by the analysis and the efforts of the Trump administration to get rid of this very traditional disparate impact analysis in analyzing whether a violation of law has occurred.
In April 2025 the Trump administration issued an executive order dubiously finding disparate impact analysis to be unconstitutional, and declaring that it's now the policy of the federal government to eliminate the use of disparate impact analysis to the fullest extent possible. Despite this shaky legal ground, the Trump administration has quickly moved to end civil rights cases based on this disparate impact analysis.
This bill is necessary to ensure that New York's Human Rights Law accepts and embodies disparate impact analysis for employment discrimination cases, ensuring plaintiffs can continue to bring disparate impact cases under the Human Rights Law and affirming New York's longstanding commitment to fighting discrimination in employment and in our society at large.
I vote aye.
ACTING PRESIDENT PERSAUD:Senator Mayer to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar 1725, voting in the negative are Senators Canzoneri-Fitzpatrick, Lanza and Walczyk.
Ayes, 58. Nays, 3.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1726, Senate Print 8384, by Senator Jackson, an act to amend the Executive Law.
ACTING PRESIDENT PERSAUD:Read the last section.
THE SECRETARY:Section 26. This act shall take effect immediately.
ACTING PRESIDENT PERSAUD:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT PERSAUD:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT PERSAUD:The bill is passed.
Senator Gianaris, that completes the reading of the supplemental calendar.
SENATOR GIANARIS:Thank you, Madam President.
We're going to move on now to the controversial calendar.
We're going to begin with Calendar Number 1674, by Senator Hoylman-Sigal.
ACTING PRESIDENT PERSAUD:The Secretary will ring the bell.
The Secretary will read.
THE SECRETARY:Calendar Number 1674, Assembly Bill Number 136, by Assemblymember Paulin, an act to amend the Public Health Law.
ACTING PRESIDENT PERSAUD:Senator Borrello, why do you rise?
SENATOR BORRELLO:Thank you, Madam President. Would the sponsor yield for a question.
ACTING PRESIDENT PERSAUD:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT PERSAUD:The sponsor yields.
SENATOR BORRELLO:Through you, Madam President. New York State has once again proposed a law that goes beyond any other law when it comes to this particular -- assisted suicide.
So my first question is, why would New York propose a law for something so serious that doesn't require a waiting period before folks that are choosing to end their life, potentially, can receive those deadly drugs?
SENATOR HOYLMAN-SIGAL:Thank you, Madam President, and to my colleague.
Well, first let's frame this issue, if you don't mind, Senator, that medical aid in dying, which is what we call it, MAID, will allow adults who have been given a terminal prognosis of six months or fewer to live, to request self-administered life-ending medication after approval.
They have to make these decisions voluntarily, be capable of making an informed decision, and have the six-month diagnosis due to an incurable and irreversible illness.
So I like to think about it as it's not so much about ending a person's life but shortening their deaths, because they have been granted, given, that terminal prognosis.
And your question specifically is about waiting periods and why we don't include one in New York. And let me tell you that I think, in effect, we do have a waiting period. It's built in, because it takes a number of days and weeks to actually go through the processes as outlined in the bill.
It's a lengthy process. You have to find a consulting physician. You have to make the oral and written request. And then you have to find a pharmacy to dispense the medication. That can take several weeks in and of itself.
And then I'll also add that there isn't currently waiting periods for ending life-sustaining treatment that already exist, such as dialysis.
And I'll also add that the process is so lengthy that a number of states have disbanded it or are considering disbanding it. There are court challenges to waiting periods. And in California, where medical aid in dying exists, fully one-third of terminally ill patients die before completing the paperwork.
So states that have had waiting periods are already looking to waive them in certain instances or roll them back completely, California and Oregon being two good examples.
So the waiting period we think is built in.
SENATOR BORRELLO:Mr. President, will the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR BORRELLO:So you're saying that someone can receive a prescription, go to the pharmacy and get those deadly drugs the same day, with no waiting period, is that correct?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. The question being it's not a one, two, three-step process by any means. You have to, as I've said earlier, find a consulting physician for your attending physician, and then go from there through the processes, which can take weeks.
SENATOR BORRELLO:Mr. President, will the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR BORRELLO:Yes, I understand that there's a process. But at the end, someone makes a decision. The decision is I would like that prescription. That's the day, in my opinion, that they've decided that they are willing to potentially take their own life.
So there's no waiting period from when they make that decision and get that prescription until they are able to get those deadly drugs into their hands. Is that correct?
SENATOR HOYLMAN-SIGAL:That's correct.
But if I could add. So through you, Mr. President, it's long established in our state laws that no healthcare decisions, including withholding and withdrawing life-sustaining treatments, require a waiting period. The procedures in place for medical aid in dying -- written requests, two physician evaluations, witness requirements -- have that time already built in.
There just isn't any justification, when we wrote this bill, for forcing a suffering patient to suffer any longer. And that's what this is fundamentally about, is not about hastening death but ending suffering.
SENATOR BORRELLO:Mr. President, will the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR BORRELLO:Look, I understand the empathy for someone who is -- you know, has a terminal disease. But at the end of the day this is an irreversible decision, irreversible, if you decided to end your life.
So in New York State, if you buy a car you have three days to take it back. If you book a flight, you have 24 hours to cancel it. So we can give people time to change their mind about a flight they've booked, but not about whether or not they're going to kill themselves, is that correct?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. Well, our bill currently states that physicians do have the obligation to tell the patient that they can in fact change their mind.
SENATOR BORRELLO:Will the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR BORRELLO:Is there any requirement that that physician have any history with that patient? In other words, could they just have never done anything but prescribe this deadly medication to them? Do they have to have had history with that patient, with their care, for this disease or any -- or just their care in general?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President, just to go back to your -- the Section 2899-g: "Right to rescind request; requirement to offer opportunity to rescind. A patient may at any time rescind the request for medication under this article without regard to the patient's decision-making capacity."
Just wanted to make sure that you knew that that's there.
And your question -- I'm sorry.
SENATOR BORRELLO:So does a doctor have to have any history with that patient that they will be prescribing these deadly drugs for? Can a person walk in and see that consultant physician, the second opinion, whatever you -- and have absolutely no medical history with that particular patient?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. Well, one assumes that the attending physician does in fact have a relationship with the patient to the extent that he or she are able to make the determination that the patient is of sound mind, has met the eligibility requirements for age, has a terminal illness of six months or fewer.
And so through that examination -- and we obviously entrust physicians to make those determinations every single day. One would hope and expect that a physician will fulfill their responsibilities in that regard.
This is premised on physicians acting in accordance with the standards of professional medical ethics.
SENATOR BORRELLO:Mr. President, will the sponsor continue to yield?
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR BORRELLO:You talk about someone having a diagnosis of a terminal illness and being given the prediction of six months or less to live. Do you know what percentage of those doctor predictions are correct?
SENATOR HOYLMAN-SIGAL:Well, we have Oregon as a predictor --
SENATOR BORRELLO:That's not my question. When a doctor says you have six months to live, how frequently is that six-month prediction correct?
ACTING PRESIDENT BAILEY:Senator Borrello, in the future if we could direct all comments through the chair.
SENATOR BORRELLO:Sorry.
ACTING PRESIDENT BAILEY:I understand this is a passionate subject, but if we could please direct all debate through the chair, I'd appreciate it.
SENATOR BORRELLO:Yes.
ACTING PRESIDENT BAILEY:Thank you, Senator Borrello.
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. The studies show -- and we obviously don't have any data in New York. But the studies that have been collected in the 11 states, now 11 -- it was 10. Earlier this week it's now 11, plus the District of Columbia -- show that in fact those estimations by physicians on length of term of life to live after an illness are actually over-predictors.
In other words, physicians predict, according to the statistics, 85 percent longer than a patient in fact has to live. So the reality shows it's just the opposite.
SENATOR BORRELLO:Mr. President, will the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR BORRELLO:Well, my question was on accuracy, and the answer is 20 percent. That means that when doctors give someone with a terminal illness a prediction of how long that they have left to live, they're only right 20 percent of the time. Does that sound like a good percentage to you?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. I'm looking at a study by the University of Chicago, where researchers of terminally ill patients showed that 83 percent of life expectancies were either overestimates or accurate.
Another study reported that 85 percent of inaccurate prognoses for patients in palliative care were also overestimates.
SENATOR BORRELLO:Mr. President, will the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR BORRELLO:So we can both agree that they're not accurate. That's basically what you're saying. I might be saying differently. But at the end of the day those predictors, which are the determination as to whether or not someone can receive these deadly drugs, are horribly inaccurate, correct?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. I mean, look, I think a physician predicting the length of life for a patient is obviously an extremely difficult task.
I think we should be reassured, though, that physicians are not in the main suggesting that patients have less time to live than they in fact do. It's the opposite. So I would rely on these statistics in that regard.
SENATOR BORRELLO:Mr. President, will the sponsor continue to yield?
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR BORRELLO:Let's move on.
So we're talking about deadly medicine that is being handed over to someone and then they are just going to leave the pharmacy or whatever. What is this bill's prescription, if you will, for the chain of custody for that deadly medicine? What happens?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. The disposal of the medicine is specified in the bill, and I will reference you where that is.
But while we're looking for it, I will say that our shelves and our cabinets in our apartments and homes have a lot of dangerous-to-deadly medication. Certainly a bottle of aspirin can be fatal if the dose is such that it can cause harm. There are a multitude of household products probably in your garage, Senator, that also could cause death.
But we are mindful of this concern. So Section 2899-o discusses safe disposal of unused medicine. (Reading.) A person who has custody or control of any unused medication prescribed under this article after the death of the qualified individual shall personally deliver the unused medication for disposal to the nearest qualified facility that properly disposes of controlled substances, or shall dispose of it by lawful means in accordance with regulations made by the commissioner.
So there will be future regulations to specify further the chain of custody, as you put it, Senator.
SENATOR BORRELLO:Mr. President, will the sponsor continue to yield?
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR BORRELLO:Well, that all sounds nice. But what in this bill is actually requiring someone, under any kind of penalty, to actually ensure that those deadly drugs, if they're not used, especially, get taken care of properly? We're not talking about disposing of old motor oil here. We're talking about medicine that can kill people.
There is no actual I guess responsibility, whether it be a state agency, doctor, you know, healthcare professional of any kind, to ensure and monitor that that drug is being handled properly. So where -- what in this bill would prevent that from being essentially misplaced, mishandled or misused?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. Again, please refer to Section 2899-o. But -- it's there, Senator.
But let me also add that in -- you know, in the 30 years that -- it's 27 years, I believe, specifically -- that medical aid in dying has been legal in the United States, there hasn't been a single case, not a single case of medication falling into the wrong hands.
That tells you something about the chain-of-custody concerns, the practices that have been well established as New York considers becoming State Number 12. We've worked it out, thanks to our sister states who have taken the path before us.
SENATOR BORRELLO:Mr. President, will the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR BORRELLO:That all sounds nice. But at the beginning of this debate I pointed out the fact that once again New York has crafted a law that goes far beyond any other law. This law will be more progressive or whatever you want to call it. You yourself said we have to remove the barriers. We can't even have a waiting period. People have to be able to immediately get that medication and take it if they want it.
So I discount what you've said about, you know, because it hasn't somewhere else, it hasn't happened here.
Why wouldn't we -- this is the question. Why wouldn't we have this being done by medical professionals in a controlled environment like a hospital or a hospice center? Why would we allow these deadly drugs to be taken home and with no oversight whatsoever by any medical professional?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. Well, thank you for mentioning hospice, because that is a good example to raise in terms of the medication and the chain of custody.
There are thousands of people with terminal illnesses currently on home hospice care, in the comfort of their homes with their family members and other loved ones. And there are a huge number of opiate medications in connection with that hospice treatment.
So we're looking at the same protocols that handle -- that apply to the handling and return of those medications. We are applying those same protocols to the unused medical-aid-in-dying medications.
So we've already done it with hospice. Other states have done it with medical aid in dying. So we aren't reinventing the wheel. We're following a standard practice that has made this process quite secure, based on evidence and practice.
And specifically -- thank you, Senator -- why not do this in a hospital?
SENATOR BORRELLO:Yes.
SENATOR HOYLMAN-SIGAL:Well, that certainly could be the option of patient if he or she chose.
But we do think, and through experience, that the home setting is the setting that most patients prefer. And when somebody is choosing to end their life peacefully because they have been given a terminal diagnosis, I think we all want what's best for them in their personal capacity of decision-making.
And I think it would be a bridge too far to impose those types of rules and regulations on a suffering patient. We don't impose them on patients in hospice care. We shouldn't impose them on patients seeking medical aid in dying.
SENATOR BORRELLO:Mr. President, will the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR BORRELLO:When you talk about hospice, end-of-life care, the goal is to make people comfortable. It's not to prematurely end their life. There's a big difference between hospice care and someone who's going to end their life voluntarily -- on their own, potentially.
So why would we not require that these drugs be in a controlled environment with professionals that can actually ensure that this is done properly? Why wouldn't that simple requirement be made?
SENATOR HOYLMAN-SIGAL:To have a -- I'm sorry --
SENATOR BORRELLO:To have this in a controlled environment with healthcare professionals, whether it be in a hospital, a hospice care or home care with a medical professional there to ensure that these drugs are properly handled.
Why wouldn't we make that simple amendment that would improve the safety of this bill?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. I mean, once again, to my colleague, the experience and data show that medical aid in dying at home is safe. And I don't think we should stray from that and make patients less comfortable.
If a patient wants to pursue medical aid in dying in a controlled environment such as a hospital, that's their choice.
Fundamentally, this is about choice and personal autonomy, and we don't impose these requirements for other conditions. And I don't think we should do it here. So we're trying to -- we're trying to apply this evenly across different patient experiences, if you will.
SENATOR BORRELLO:Mr. President, time check? Am I --
ACTING PRESIDENT BAILEY:You read my mind, Senator Borrello. I was going to give you a courtesy reminder. You have -- 23 minutes have elapsed, so you have approximately seven minutes remaining.
SENATOR BORRELLO:All right great. One last question, then, if the sponsor wouldn't mind, please.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR HOYLMAN-SIGAL:Seven minutes.
SENATOR BORRELLO:(Laughing.) I'll be brief.
So let's assume, now, this person with a terminal illness expires at home and family, law enforcement show up. We have no chain of custody for these drugs. How do we know that that person actually died using those deadly drugs or whether they just expired because of their illness -- and then having to find those deadly drugs. How are we going to guarantee that this person actually died by using those deadly drugs?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. Well, obviously if, you know, the -- their -- if someone shows up at someone's doorstep, there would have to be some understanding as to what happened.
But I'll tell you that there are extensive reporting requirements in this bill for this exact scenario.
SENATOR BORRELLO:Mr. President, on the bill.
ACTING PRESIDENT BAILEY:Senator Borrello on the bill.
SENATOR BORRELLO:Thank you, Senator Hoylman-Sigal. I appreciate the engagement here.
You know, we've proposed a lot of irresponsible laws in the five-plus years that I've been here. And, you know, we kind of want to give people the impression that New York is the most progressive because we have to do everything a little bit further than every other state. But now we're talking about giving people the right to commit suicide with the state's sanction. And we're still going to prove that we're the most progressive.
This bill is horribly irresponsible. It gives people the ability to walk in with a prescription, walk out with life-ending drugs with no accountability whatsoever, walk home.
We all have known people with terminal illnesses. It's very difficult on the family as well. You have kids that are going to lose their parent. They become depressed, emotional. And now in that house, without any supervision, any oversight, are deadly life-ending drugs. And the State of New York has no idea where they are or how they were used. That's what this bill will do.
Now, you can tell me what hasn't happened anywhere else. You don't know that, because in the states that have actually done assisted suicide bills, suicide rates are up. They're up. How do we not know that these people haven't committed suicide using these deadly drugs? We really don't.
We're talking about families in crisis. And I know that that's difficult. We should be helping those families by saying we're going to put you in an environment that is controlled, where there are professionals that know how to properly administer these drugs and ensure that it's being done properly.
The doctors that are going to prescribe these drugs don't necessarily have to have a relationship with that patient. There are stories from other places, like in Canada, where a girl with severe autism wanted to end her life, and she doctor-shopped until she found doctors that would prescribe those deadly medications. And her father worked very hard to make sure that that didn't happen.
But most importantly, think about this scenario. We all know that there are people out there that are just waiting around for someone to die so they can inherit some money. We all know those people. Right? All of a sudden, grandma's got a terminal illness, dad's got a terminal illness -- Dad, you've got those pills, come on. Maybe they won't say it exactly that way, but they will encourage those family members to end their life prematurely so that they can stop the flow of money that's going to their care.
That, to me, is horrible. And this legislation will allow people to accelerate the death of loved ones for financial gain.
That's the problem with this bill, folks. We need real oversight. I'm opposed to it anyway, quite frankly. We should not be in the business of state-authorized suicide, period. But if you want to make this bill a little bit better, let's make sure that there's some accountability, some oversight, that the things I just described aren't going to happen.
And just because they may not have happened elsewhere doesn't mean they won't happen here, because this bill goes further than any other assisted suicide bill in this nation. It's irresponsible. We should not pass this. And the Governor should not sign it.
I'll be voting no. Thank you, Mr. President.
ACTING PRESIDENT BAILEY:Thank you, Senator Borrello.
Senator Weber, why do you rise?
SENATOR WEBER:Thank you, Mr. President. On the bill first.
ACTING PRESIDENT BAILEY:Senator Weber on the bill.
SENATOR WEBER:So probably like a lot of my colleagues, I've gotten probably thousands of phone calls and emails from concerned residents regarding this assisted suicide bill. And probably the majority of the phone calls I got were from the disability community. They're concerned. There's no explicit ban on someone with developmental disabilities being prescribed this. And it says it can be -- it says it cannot be your sole diagnosis.
The disability community has also had the experience of the other states that have had it in place for a while, and they don't feel at ease. In fact, the fear, the impact of it on people living with disabilities continues to grow. And we also hear from many elderly people who are concerned about this as well.
So I want to explore some questions with the sponsor on some of those related topics. So, Mr. President, would the sponsor yield for some questions?
ACTING PRESIDENT BAILEY:Senator Hoylman-Sigal, would you yield for some questions?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR WEBER:Thank you, Senator.
Somewhere in the bill memo it talks about that this works in all other states. But if that's the case, why are national disability groups so strongly opposed to this bill?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. Well, I will say to my colleague I would suggest reviewing Section 4, line 9 of the bill itself. Please look at the bill versus the memo. "No person shall qualify for medical aid in dying under this article solely because of age or disability." I don't think we could be more explicit in protecting the -- in addressing the concerns of the disability community.
I think -- through you, Mr. President -- that there's misinformation about this issue. And it's understandable, because it's a tough issue. But we shouldn't stray away from tough issues because there's misinformation. We should try to clear the air and understand why so many patients are actually seeking this while respecting the concerns of those in the disability community and elsewhere, perhaps because of a lack of full understanding of what the bill does.
But we put that language in this bill specifically, Mr. President, to address those concerns.
SENATOR WEBER:Mr. President, will the sponsor continue to yield?
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR WEBER:Thank you.
Well, as you mentioned, we have decades of experience in other states, and yet disability advocates throughout the nation remain very concerned with not only this bill but similar bills.
So there's been a recent study that I read that -- and according to disability advocates -- 82 percent of physicians view people with disabilities as having a worse quality of life. Do you agree with that?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. Well, I'm not a physician, so I can't really agree with a physician standpoint.
I will say that our statistics show the vast majority of people with disabilities support end-of-life choices -- according to a Susquehanna poll, 79 percent nationally in 2023.
SENATOR WEBER:Through you, Mr. President, will the sponsor continue to yield?
SENATOR HOYLMAN-SIGAL:Yes.
SENATOR WEBER:Thank you.
Well, I'd love to see that study, because what I've read and what I've seen and researched is quite the opposite.
But do you think that the bias could impact a physician's decision to counsel a developmentally disabled person into this option, this assisted-suicide option that you're proposing here today?
SENATOR HOYLMAN-SIGAL:Do I think that what? I'm sorry, say again?
SENATOR WEBER:Would a physician who may have a bias, as I had mentioned earlier about having a developmentally disabled person having a worse quality of life, do you fear that that physician's decision to counsel a person would counsel that person into this option of assisted suicide?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President, no. Because we're very clear about what is required. Having a disability does not qualify you in any way, shape or form by itself for medical aid in dying.
And again, I refer you to the clause that we inserted that no person shall qualify for medical aid in dying solely because of age or disability. Simply being disabled doesn't qualify you. Medical aid in dying is one of a number of end-of-life options for people with an incurable and irreversible terminal illness and a prognosis of six months left to live. And those options are already included in forms of palliative care such as hospice.
So I think there is a bright line, and we expect our physicians to follow it.
SENATOR WEBER:Thank you.
Mr. President, will the sponsor continue to yield?
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR WEBER:I have another question I'd like to explore with you. How will patients in long-term-care facilities, group homes or state-run institutions be protected from conflicts of interest or subtle administrative pressure?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. Well, there are a number of safeguards in the bill, and I could certainly share those with you.
Of course the patient has to make an oral request and then a written request, signed, attested to by two disinterested witnesses -- can't be a family member, can't have a stake in the estate, can't work for that assisted living facility. So these are neutral witnesses.
The patients have to be required to be counseled about alternatives by the attending physician. That includes hospice. That's why we've seen rates of hospice, Mr. President, rise in states that have medical aid in dying. The patient can withdraw the request at any time. The medication has to be self-administered -- not by anyone else or by a physician, by the individual.
As I mentioned earlier, there are publicly available annual reports on utilization. There's essentially a medical-aid-in-dying plan which the physician will complete with the consulting physician.
So I think those safeguards protect the patient in the facility that you would suggest.
In addition to stating that health insurance benefits, according to the bill, remain unaffected, and life insurance payments can't be denied because of medical aid in dying.
So I -- and then we have the experience of the other states that have had this. And there are no examples of the concerns that you raise, with all due respect.
SENATOR WEBB:Will the sponsor continue to yield, Mr. President?
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR WEBER:I'd like to explore a few other topics.
As I mentioned earlier, we get a lot of phone calls from elderly people, and the subject of coercion always comes up. And, you know, who decides if there's any coercion of a patient?
SENATOR HOYLMAN-SIGAL:Well -- through you, Mr. President -- who decides would be law enforcement and prosecutors if there were concerns about coercion.
We have very strong laws in that regard. Anyone attempting to coerce a patient would face a criminal prosecution, Class A misdemeanor to Class D felony. We have those statutes specifically in existence already.
And again, back to experience. Since 1997, when medical aid in dying was first authorized in Oregon, not a single case -- not one -- of coercion has been uncovered. That's pretty significant.
We also know that family members -- you know, typically -- I know there's the, you know, stereotype of an evil son-in-law. But family members typically are pressuring patients to prolong their lives, to not take advantage of medical aid in dying. And that's borne out by the statistics in Oregon: 90 percent of those who took the medication did so citing the bodily autonomy they were losing to their illness.
So I feel like coercion is a concern, but our criminal statutes have addressed that. And experience shows that it does not bear out in reality.
SENATOR WEBER:Mr. President, will the sponsor continue to yield?
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR WEBER:How do we know that, though? How do you we know that people haven't been coerced? Are doctors qualified to recognize forms of coercion?
You know, you talk about law enforcement and, yeah, they would be brought in at a particular time of the process. But are physicians qualified to recognize when there's coercion, when there's family members, I think as Senator Borrello mentioned a little while ago, maybe relatives who have a financial interest of, you know, Nanny not being around or a sick child being around any longer. How do you know if a physician is qualified to recognize signs of coercion? They would be the ones that would be the front line.
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. Look, I understand the concern. Again, I think it's a bit of a stereotype, a rather dark view of human nature which is not borne out by the facts.
But I understand what we're trying to do, and I share your concern, which is to prepare for the unintended consequence. And I understand where you're coming from, Senator.
But there have been no examples of it in history since 1997, number one.
Number two, recall that the physician has to attest to the voluntary nature of the oral and written request. And then the witnesses have to be completely disinterested parties having no relationship, marital or familial or -- even a domestic partner is forbidden from attesting to the request for medical-aid-in-dying medication.
And finally, the -- they can't have an interest in the estate, even if they're not related. Nor can they have an interest in the facility, perhaps, where medical aid in dying may be administered. And the physician and the consulting physician both have to represent those facts and sign under penalty of perjury.
SENATOR WEBER:Mr. President, will the sponsor continue to yield?
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR WEBER:I think some of the fear is that, you know, we're going to be creating hundreds if not thousands of Dr. Kevorkians, right, those who are going to get into the business of really practicing and really promoting end-of-life treatment. And that's a concern.
But I want to move on to another question. Are there any verification or notarization requirements that the two witnesses' signatures are legitimate, so that we can ensure that a patient or someone else has not forged the witness signatures?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. Well, the witnesses have to sign and attest to the voluntary nature of the request under penalty of perjury, really the strongest backup for an attestation we have in the law.
SENATOR WEBER:Mr. President, will the sponsor continue to yield?
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR WEBER:The only problem with that is if something's forged and the person's ended their life, the damage has been already been done.
So, I mean, are you comfortable and/or what other safeguards would you consider that should be really improved upon or at least strengthened so that something like that doesn't happen? Because it may come too late that it's found out about.
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. I -- again, through practice we've seen that this works. And I appreciate the hypotheticals because we should always be thinking about the hypotheticals, particularly in lawmaking. But we have no examples of what my colleague suggests in this specific regard.
And remember, the kind of baseline here is the terminal diagnosis of six months or fewer to live. And I suppose the -- I suppose someone could be after -- you know, someone may have a nefarious motive. But six months? You know, you're going to get your greedy paws on that estate now or in six months? I mean, I -- in addition to the fact of all the safeguards.
That's why I think it has not happened, is that it's -- the safeguards are in place and the terminal diagnosis had been granted. The person is dying. It's not as if that isn't based in reality. The person has a terminal diagnosis. They are dying.
SENATOR WEBER:Thank you, Senator. Thank you for those answers to the questions.
Mr. President, on the bill.
ACTING PRESIDENT BAILEY:Senator Weber on the bill.
SENATOR WEBER:And as I said, Senator, thank you. But I'm still not satisfied and I'm still very concerned with the dangerous road that we're going down, potentially, today.
And again, I rise not in anger but in sorrow, sorrow for where we are headed if we allow the proposed assisted-suicide bill to become law in this state -- a state that is bleeding residents literally and figuratively.
Supporters of this bill claim that it's about compassion. But compassion without transparency is not mercy, it's neglect and coercion cloaked in kindness.
Under this bill a terminally ill patient could take their own life with prescribed lethal medication. But unless that patient chooses to notify their family beforehand, their loved ones may never know how or even why that life was ended. Was it a suicide pill, an accidental overdose, or something more sinister?
This legislation offers no clear path for family involvement, no mandate for disclosure, no mandated wait period, and no guaranteed autopsy. And for many families, especially those whose faith prohibit autopsies after death, that is not just a bureaucratic oversight, it's a religious violation.
My questions are not just hypothetical. We've seen the consequences of institutional decisions made without regard for our citizens. During the COVID-19 pandemic, how many of our elderly died alone, isolated in hospitals, unable to hold the hand of a loved one, even to make a final phone call? Have we forgotten that already?
Did the state not only preside over the lonely, silent deaths of thousands of seniors and those with chronic illnesses? And now, with this bill, we may be repeating the same mistake, not from the fear of spreading COVID, but in the name of freedom without sufficient safeguards, without witnesses, and too often without love.
We are told this is a choice. But what kind of choice is it when the system makes it even easier or even encourages people to die rather than to live with dignity? Who is this assisted-suicide bill really helping? And who is it quietly abandoning?
I'll tell you: It's abandoning the vulnerable, our seniors, those living with disabilities, and those in their darkest moments. Hundreds if not thousands of my constituents have called and emailed and contacted my office, commented on social media posts, and they are all opposed to this dangerous and reckless legislation.
This may be well-intentioned, but the road to hell was paved with good intentions. I'll be voting no, and I encourage my colleagues from across the aisle to do the same.
Thank you, Mr. President.
ACTING PRESIDENT BAILEY:Thank you, Senator Weber.
Senator Ashby, why do you rise?
SENATOR ASHBY:Thank you, Mr. President. Will the sponsor yield?
ACTING PRESIDENT BAILEY:Will the sponsor yield for some questions?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR ASHBY:Thank you, Senator Hoylman.
Through you, Mr. President. Is there a requirement for the attending physician to have been with this patient for any period of time?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. There's no specific time period that the physician has to spend with the patient in the statute.
But I will say that the patient -- the physician has to make these important determinations, including that the patient is of sound mind, that he or she is over 18, that they have a terminal illness, and that the patient is voluntarily requesting, both orally and in writing, the medication. In addition to recruiting a consulting physician to back up the original physician's assessment.
So that is, I think, the essence of the doctor-patient relationship in this regard. And I think that's why we have the New York State Medical Society in support of this bill. Which goes to the fact that physicians here in New York feel comfortable, in the main, in making that assessment.
SENATOR ASHBY:Will the sponsor yield?
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR ASHBY:Through you, Mr. President. I'm glad that you brought up the consulting physician. So how much time does the consulting physician need to spend with the patient in person?
SENATOR HOYLMAN-SIGAL:Well, he or she has to make all those determinations and, along with the attending physician, determine whether a mental health examination is required. Either physician can make that determination.
So you would want to understand the patient -- we know that physicians do that for a whole host of other conditions they're treating, but they most certainly have to do it here. And both of them would have to do it. And I think, again, built in that is a relationship that the physician, abiding by our standards of medical practice, would have to take very seriously.
SENATOR ASHBY:Will the sponsor yield?
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR ASHBY:So again, Senator Hoylman, how much time in person would the attending physician or the consulting physician need to spend with the patient?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. Like a lot of medical decisions, that's up to the physician to make that determination. We don't prescribe that in the statute.
I don't think you'd find in any part of our voluminous statutes any requirement that a physician has to spend a certain amount of time with a specific patient regarding a specific condition. We leave it to the medical professionals.
SENATOR ASHBY:Will the sponsor yield?
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR ASHBY:Through you, Mr. President. So what you're saying is that they, by law, don't have to spend any time in person with this patient who's seeking to potentially end their life, is that correct?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President, no, that's exactly the opposite of what I'm saying.
I'm saying that they have to make a certain number of determinations about the patient. Let's start with the age. Let's started with the fact that they have to examine the patient's medical history and determine whether they have an illness that's terminal and irreversible --
SENATOR ASHBY:Will the sponsor recognize that --
ACTING PRESIDENT BAILEY:Wait a minute. Senator Ashby, Senator Hoylman-Sigal has the floor. I understand this is an issue that gets everybody -- but when the Senator has the floor, he's speaking.
If you are asking him to yield, you can wait until he's finished speaking and then you can ask him to yield to another question. Is that fair?
SENATOR ASHBY:It's only fair if he's going to answer the question.
ACTING PRESIDENT BAILEY:Senator Ashby, your definition of him answering the question is not germane here. He is answering, and he has the floor.
Again, can he finish his question and then you ask him to yield again?
SENATOR HOYLMAN-SIGAL:Let me cut to the chase.
ACTING PRESIDENT BAILEY:Senator Hoylman-Sigal, continue.
SENATOR HOYLMAN-SIGAL:Thank you, Mr. President.
Let me cut to the chase. The physician has go to through a number of checklists. That's going to take time in and of itself.
SENATOR ASHBY:Will the sponsor yield?
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR ASHBY:Through you, Mr. President. Through that series of checklists, is the physician required -- attending or consulting -- to spend time with that patient in person?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. We do not specify that in the bill. But by virtue of what they are required to assess and what their determination must be in order for medical aid in dying to be administered, yes, they would most certainly have to spend time with the patient.
Unless they're a quack. And I'm not -- we're not dealing with quack physicians in this regard. But we have sanctions in criminal statutes for that, you know, unlikely potential. But one that I agree should always be considered, which is why we've built in those safeguards.
SENATOR ASHBY:Will the sponsor yield?
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR ASHBY:So I'm glad that there's safeguards and provisions for quacks.
But what safeguards and measures are there, Senator, if we're not requiring them to see the patient in person?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President, we make no specific requirements, nor do we in any physician-patient relationship require physicians to do -- to make a personal appearance or otherwise.
But we do make requirements that they assess the patient extensively. And in my mind, as it has been in the 11 other states, it's worked effectively and safely, and I expect the same here in New York.
SENATOR ASHBY:Will the sponsor yield?
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR ASHBY:Through you, Mr. President. So if there is an extensive evaluation going on, albeit not in person, is mental health a requirement for that? A mental health evaluation, is that required?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. The mental health requirement is such that if the physician thinks that the patient is not making the decision themselves or that they're incapable of making such a decision, then they are required to refer the patient to a mental health examiner for a screening. That is either -- or both -- the attending physician and the consulting physician.
SENATOR ASHBY:Will the sponsor yield?
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR ASHBY:Through you, Mr. President, if someone is potentially choosing to end their life and is in this awful position, why wouldn't they be referred to mental health regardless?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. Well, because I may disagree with my colleague. I don't think requesting end-of-life medication when an individual is suffering, in pain, and dying, suggests a mental health condition.
If anything, I think it's quite rational to seek medical aid in dying when one is suffering unbearably. That's the experience that has been shared with my colleagues and so many of the advocates.
In addition, we don't require a mental health screening for other decisions that may hasten death such as hospice care or a "Do Not Resuscitate" order, for example. Those are also rational decisions that we, as a society of laws, respect the personal autonomy of an individual to make his or her own decisions about their body.
SENATOR ASHBY:Will the sponsor yield?
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR ASHBY:In those scenarios they have to have capacity. And in order to have capacity, there's an evaluation that's done.
How is a physician who's not spending any time with this person or this patient in person, and no evaluation required, able to determine if this person has capacity?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. Well, physicians make that determination all the time. You know, maybe every day. Maybe every patient they see.
Speak to a physician. They've told me that that is one of their routine checks that they make. And we entrust them to make that.
But don't just trust them, trust the New York State Psychiatric Association, who have strongly supported this legislation because of the safeguards that we've put in place in connection with mental health.
SENATOR ASHBY:Will the sponsor yield?
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR ASHBY:Are you aware of the proliferation of medical aid in dying in Canada?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. I am aware. It's not medical aid in dying, though. It's euthanasia. And it is abhorrent and appalling.
And I am proud that here in the United States, and maybe in New York, we have chosen a distinctly different path for patients who are terminally ill.
There's no requirement in Canada for that. So it is a -- and it's not self-administered. It's a completely different scenario, but one that I'm glad you raise. Because our bill is the diametric opposite of what the courts and statutes are following in Canada.
SENATOR ASHBY:Will the sponsor yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR ASHBY:Through you, Mr. President. It devolved into that, but when it began in Canada, it was shaped similarly.
Are you nervous at all about the protections that are currently in this bill eroding over time through the judiciary and expanding?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. Let me -- thank you for the question. Let me tell you how Canada's physician-assisted death is different from medical aid in dying.
In Canada there's no requirement for a terminal illness. There's no requirement that there be a six-month or less prognosis. There's no requirement, as I mentioned earlier, for self-administration of the drugs.
Canada's law is derived from a completely different Bill of Rights, the Charter of Rights and Freedoms. And, you know, here in the United States we have both the U.S. Supreme Court and New York's highest court, the Court of Appeals, that have explicitly stated there is no right to die.
The Court of Appeals said that in fact it was up to the Legislature. The Legislature may conclude that, and specify the conditions under which it will permit aid in dying. That was in the case Myers v. Schneiderman, dating back 20 years ago.
But so in addition to that are court decisions which are diametrically opposite to the Supreme Court of Canada. We have the experience, the 27-year experience, beginning with Oregon. No medical-aid-in-dying statute has expanded. We talk about a slippery slope -- the slope has not slipped.
We -- and we are -- we, you and I, Senator, and our colleagues, are the guardians of the slippery slope. We will be the ones, not our courts, as happened in Canada, we would be the ones to expand this law. But we should not, and I'm telling you other states have not either.
SENATOR ASHBY:Will the sponsor yield?
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR ASHBY:Through you, Mr. President. Then I guess this bill is exactly as it was written for -- how long ago? Thirty, 35 years? Has it not changed or expanded at all?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. Virtually, no.
There are discussions in states, as I've mentioned earlier, about waiting periods. That is the only permutation that I'm aware of among the 11 states.
There's a constitutional challenge in New Jersey about the waiting period, and other states are looking to waive the waiting period or statutorily address it.
But again, because there's no constitutional right, it's up to legislators to safeguard the outlines of the bill.
SENATOR ASHBY:Will the sponsor yield?
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR ASHBY:I believe just in the last few years the method of delivery has changed, has it not?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. I'm not aware of that and would welcome to be enlightened.
SENATOR ASHBY:Will the sponsor yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR ASHBY:So it's my understanding that originally it had to be ingested orally, right? And now it's expanded potentially into other methods of delivery -- tube feed, for example. Is that correct?
SENATOR HOYLMAN-SIGAL:What was the last part? I'm sorry.
SENATOR ASHBY:Tube feed. Through a tube feed.
SENATOR HOYLMAN-SIGAL:I'm sorry -- oh. Well, there perhaps -- through you, Mr. President, there perhaps could be different ways to administer the medication. But it doesn't change the fact -- and that's probably due to technology over the last 27 years. But it hasn't changed the basic precept that the medication has to be self-administered.
SENATOR ASHBY:Will the sponsor yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR ASHBY:Tube feed has been around for a while, Senator. And again, this is an example of it changing just in the last five years. So when you had mentioned that, you know, we're the guardians of the slippery slope and that -- how the bill is not going to change, just in the last four to five years we're seeing delivery methods change on this and expand.
How does that not concern you that it will change afterwards?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. I was -- couldn't understand. You were saying "tube feeding"?
SENATOR ASHBY:Yeah.
SENATOR HOYLMAN-SIGAL:Okay, tube feeding. Okay, got it.
Well, again, that doesn't change -- the administration of the drug still requires -- again, section 15 -- or, rather, 16, "'Self-administer,'" the definition, "means a qualified individual's affirmative, conscious, and voluntary act to ingest medication under this article. Self-administration does not include lethal injection or lethal infusion." Meaning a physician administering that to you, as is the case in Canada.
So the technology may advance, but I think you have the black-and-white guardrails here that self-administration is essential to medical aid in dying.
SENATOR ASHBY:On the bill.
ACTING PRESIDENT BAILEY:Senator Ashby on the bill.
SENATOR ASHBY:Thank you, Senator Hoylman.
And what we're seeing here is the denial of the proliferation of this already. Just in the last couple of years the bill has changed, the bill has expanded for new means of administration and methods of delivery. It will continue to expand, just as it has in other places.
And we can call this whatever we would like, different names for it, but in the end we all know what it does.
Thank you, Mr. President.
ACTING PRESIDENT BAILEY:Thank you, Senator Ashby.
Senator Rhoads, why do you rise?
SENATOR RHOADS:I was hoping that the sponsor would yield to a few more questions. As soon as he's finished chewing.
(Laughter.)
ACTING PRESIDENT BAILEY:Senator Hoylman-Sigal, do you yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR RHOADS:Thank you, Mr. President. Through you, Mr. President.
You know, I'm happy that you mentioned the support of the New York Psychiatric Association, because it's interesting -- isn't it a fact, Senator, that nowhere in this bill is it required that there actually be a psychiatric evaluation of the patient before this medication is actually given? Is that correct?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President, no, it's not completely correct.
If the attending or consulting physician deems that the patient is not able to make the decision on their own, then it would be required.
SENATOR RHOADS:Would the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR RHOADS:So you're talking about the actual prescribing physician would be the one to make the determination as to the mental health of the patient. So in theory, your oncologist could be making a decision as to the state of my mental health.
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. Well, they would make the first stop. As, again, physicians do all the time when they see a patient every day: Is this patient of mine making a voluntary decision to request all kinds of medication or procedures or hospice or perhaps, you know, a trivial or a serious medical procedure.
And then if they determine that they are not -- this patient is not capable of making an informed decision, in addition to the other requirements, they then refer -- either of those physicians would refer that patient for a mental health screening.
SENATOR RHOADS:Would the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR RHOADS:Thank you, Senator. Through you, Mr. President.
Neither of those physicians actually has to be a psychiatrist, correct?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President, that is correct.
SENATOR RHOADS:So again -- if the sponsor will continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield? Senator Hoylman-Sigal, do you yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR RHOADS:So again, two oncologists who have no background in psychiatric training are going to be asked to make an evaluation as to whether someone has the capacity to be able to make this decision, is that correct?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. Again, physicians make these assessments all the time. But yes, they are not necessarily, you know, mental health professionals in the first round, they are medical doctors who assess state of mind among their patients all the time.
And for the complete evaluation, they would refer the patient to a mental health expert.
SENATOR RHOADS:Would the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR RHOADS:Through you, Mr. President. However, Senator Hoylman, there is no requirement that they do so, isn't that correct?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. Yes, there is no specific requirement that they make the mental -- what the requirement is, is that the physician has to ensure that the patient meets the criteria, inform the patient that they can rescind the request, discuss risks, alternatives, hospice and palliative care.
The secondary physician has to confirm the diagnosis and assess the capacity of the patient.
If the physician is unsure, then the physician refers that -- either physician refers that patient to a mental-health practitioner who has to evaluate the decision-making capacity.
And according to our bill, the attending physician shall not prescribe medication to the patient if they find the patient lacks capacity.
So again, both physicians make the first assessment as to whether a specific mental-health evaluation is required.
SENATOR RHOADS:On the bill briefly.
ACTING PRESIDENT BAILEY:Senator Rhoads on the bill.
SENATOR RHOADS:Thank you, Senator, for those questions.
There is a difference between mental capacity and a mental-health evaluation. The fact that this bill does not require someone to actually see a mental-health professional to determine whether they're suffering from clinical depression is a fallacy in this bill. Someone can be clinically depressed yet still demonstrate the capacity to be able to make a decision.
And to have someone who is not a trained professional make that determination to have a physician who is not qualified as a psychologist or a psychiatrist to make the determination is problematic. Because someone who is an oncologist, someone who is a cardiologist, someone who has a specialty other than as a mental-health professional is not going to be able to be make the proper mental-health evaluation.
In fact, this bill doesn't even require it. It merely requires that a doctor certify that the individual that appears before them has the capacity to be able to make that decision.
If the sponsor will continue to yield.
ACTING PRESIDENT BAILEY:Senator Hoylman-Sigal, do you yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR RHOADS:Can you point in the bill where it actually provides a definition of terminal illness?
SENATOR HOYLMAN-SIGAL:Yes. Through you, Mr. President. Section 17, line 15. Would you like me to read it?
"'Terminal illness or condition' means an incurable and irreversible illness or condition that has been medically confirmed and will, within reasonable medical judgment, produce death within six months."
SENATOR RHOADS:And will the sponsor continue to yield?
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR RHOADS:And is there a definition as to whether the condition needed -- needs to be treatable by medication or not?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. There's nothing specific that the condition be treatable by medication.
But it does state that it has to be incurable and irreversible and, according to reasonable medical judgment, produce death within six months. There's no mention of medication per se.
SENATOR RHOADS:If the sponsor will continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR RHOADS:Well, how does this bill make a distinction -- or does this bill make a distinction between terminal illness and a chronic illness?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. Well, a chronic illness is one that does not lead to death within six months. I can assure you it would not qualify under terminal illness or condition.
SENATOR RHOADS:Will the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR RHOADS:Well, how does this bill account for, for example, diseases that are treatable with medication but if you refuse to take the medication would result in death within a period of months? Like, for example, ALS.
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. Most of the conditions that we've seen in other states are mainly cancer, terminal diagnoses for cancer of six months or fewer. But there are neurodegenerative disorders such as ALS or Lou Gehrig's disease, that could qualify. They are in fact the second-leading diagnosis of people who use medical aid in dying.
And in terms of an individual withholding a treatment, I think is your question? If that moved them into a potential terminal diagnosis, I think it would not be based on the standard that's the set in the statute, in the law -- bill, rather.
SENATOR RHOADS:Will the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR RHOADS:Well, in what way, if I can ask, would that not meet the determination?
If it's an illness that will result in death within six months and it contains no qualifications with respect to medications -- if, for example, I have advanced diabetes, my kidneys have shut down and I require daily dialysis, I can live indefinitely as long as I receive that dialysis. The moment that I stop, I could be dead within a matter of a few days.
If I make the conscious decision that I want to stop, why wouldn't I meet the criteria under the bill?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President, let's start with the fact that if you do have chronic diabetes and you stop dialysis, for example, sadly, I think you would expire before you'd even got the paperwork together. It's my understanding that that would be a matter of days, not weeks, which would be required under this bill.
But also, to my colleague, look at the word "irreversible," which is a requirement. The condition has to be irreversible. I would suggest that in a situation involving dialysis, that is reversible, if the patient would resume that treatment and then could continue to live. So that would not qualify, in my assessment, under our bill.
SENATOR RHOADS:If the sponsor will continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR RHOADS:And where is that definition in your bill?
SENATOR HOYLMAN-SIGAL:That definition of irreversibility is in Section 17, line 15: "'Terminal illness or condition,'" which I read earlier, means an incurable and irreversible, incurable and irreversible illness or condition that has been medically confirmed.
SENATOR RHOADS:So it's a definition --
ACTING PRESIDENT BAILEY:Are you on the bill, Senator Rhoads, or --
SENATOR RHOADS:On the bill.
ACTING PRESIDENT BAILEY:Senator Rhoads on the bill.
SENATOR RHOADS:So it's a definition of a term that in the definition contains the very term that you're seeking to define.
So in reality, it appears as though there is no definition of what an irreversible condition actually would turn out to be, opening the pathway so that if somebody refuses ordinary treatment and that ordinary treatment will actually enable them to -- will actually enable them to qualify for a condition that would allow them to take advantage of a medication that will actually end their life more quickly.
By the way -- if the sponsor will continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR RHOADS:In your bill is there any way to track potential abuses by physicians?
SENATOR HOYLMAN-SIGAL:I'm sorry, so sorry.
SENATOR RHOADS:In your bill is there any way to track abuses by physicians?
SENATOR HOYLMAN-SIGAL:Track abuses.
SENATOR RHOADS:Yes.
SENATOR HOYLMAN-SIGAL:Well, there is a pretty rigorous reporting requirement that is in place, which is in Section 2899, and requires annual reports to the Legislature, among other things. (Reading.) The physician shall document or file the dates of oral requests, the written requests, attending physician's diagnosis and prognosis, et cetera.
And then at the -- and then there's reporting requirements to the State Legislature, which is in Section -- it's also in Section 2899.
So -- but, I mean, abuses would presumably be part of this report should they exist. Of course we have our criminal statutes also in terms of any transgressions that I assume would be part of the annual reports to the State Legislature.
SENATOR RHOADS:Would the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR RHOADS:But the annual reports are statistical reports, are they not? Who would actually review, on a case-by-case basis, the decisions that are made by physicians to determine whether there's an anomaly or whether there's abuse in any particular instance?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. Well, Section 2 of the section I was referring to, 2899, says the commissioner -- the Health Commissioner shall prepare a report annually containing relevant data regarding utilization and compliance with this article, and shall send such report to the Legislature and post it on the department's website. I'm assuming that would encompass your concerns.
SENATOR RHOADS:Would the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR RHOADS:Is it not a fact, though, that the law requires -- or the legislation requires that the Health Commissioner must only review a sample of the records and not records in their entirety?
SENATOR HOYLMAN-SIGAL:Yes, that is correct.
SENATOR RHOADS:Will the sponsor continue to yield?
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR RHOADS:And so on a case-by-case basis there is no review of the decisions made by individual doctors, on a case-by-case basis.
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. It is a sample.
SENATOR RHOADS:Will the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR RHOADS:When a physician is evaluating a patient to make a determination as to whether or not they qualify, there is no requirement that they actually review any of the records of the patient, correct?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. There's no requirement.
(Reading.) The commissioner shall adopt regulations establishing reporting requirements for physicians taking action under this article.
There could be. And that could be part of the regulatory process.
SENATOR RHOADS:Right. But will the sponsor continue to yield.
SENATOR HOYLMAN-SIGAL:But -- if I may finish -- of course we don't spell out everything, particularly when it comes to medical professionals, because we aren't medical professionals. At least I'm not. And I would leave that to the regulatory process. Which I hope, you know, we all would want to review and comment on at the appropriate time.
SENATOR RHOADS:Will the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR RHOADS:Well, Senator, we're talking about literally life and death. Don't you feel as though in your legislation there should be some requirement before a physician makes a decision between the ability to give medication that will cause death and choosing not to do so, that there be some requirement that they make a review of the medical records of the patient?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. Physicians do that every day -- every hour, maybe, every patient they see. This is what we ask of our medical establishment. We trust them. We provide support and professional standards. We sanction them when they have gone astray. But I don't think we zero in on the minutiae of reporting.
Although the regulations might, but it's not in this statute.
SENATOR RHOADS:Will the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR RHOADS:In theory, Senator, I could do a telehealth appointment, never even seeing the physician that I've gone to by telehealth for the very first time.
And there's no requirement that they review a stitch of my medical records before they make a determination as to whether or not they're going to give me that pill. Is that correct?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. Again, similar to your previous colleagues' questions, one assumes that that's part of their assessment, is of course to review medical records.
How would they possibly make a determination whether it's the capacity of the patient, the prognosis for death, or other features that are required in this, without having a serious review of the patient and a relationship that helps them make that determination?
SENATOR RHOADS:On the bill briefly.
ACTING PRESIDENT BAILEY:Senator Rhoads on the bill.
SENATOR RHOADS:I agree with you, Senator. Which is why it begs the question, why is it not in the bill? There is nothing in the bill that makes the requirement that they actually review any of the medical records of the patient.
If the sponsor will continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield? Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
Excuse me. Senator Rhoads, I just want to remind you you've hit 20 minutes of debate time, and there's approximately 35 minutes total time left. Just so that we keep track of time.
Senator Hoylman-Sigal yields.
SENATOR RHOADS:Thank you, Mr. President. I appreciate that.
In fact, when we're talking about a review by the Commissioner of Health of this sampling, the death certificates from the individual patients actually will not list the medication as the cause of death. In fact, physicians are specifically instructed not to put the medication as a cause of death on the death certificate, is that not correct?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. Yes, it is true that the -- only the underlying cause of death would be designated on the death certificate.
The -- according to the CDC, their guidance states that the mechanism of death should not be reported as the immediate cause of death because it is not specifically related to the disease process.
So we're following CDC guidance in that regard.
SENATOR RHOADS:Will the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR RHOADS:So if there's no review of medical records, if there's no mental-health evaluation and you're going upon the recommendation of a doctor that is not a trained psychologist to determine the mental health of the patient, and the death certificate itself does not list the medication as the cause of death, what is the commissioner supposed to review when making these determinations? Is the bill specific as to that?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. Well, I mean, in terms of death certificates it's my understanding of them that they're used to understand trends in diseases by public health officials.
And we do have concerns that I'm sure you can appreciate that you would want to balance the confidentiality of families and information that's disclosed on a death certificate.
SENATOR RHOADS:Would the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR RHOADS:What's the -- what is in your bill to prevent a physician from potentially taking the easy way out? In other words, you have a patient that's taking up hospital space, that's occupying that physician's time. What's the incentive behind that doctor simply not making a determination or perhaps suggesting to the patient that this might be a better option for them?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. Well, I think it is the standards to which -- the high standards to which we hold our medical profession. And I think we have great respect and we have created, through our scope of practice, standards for physicians that we expect them to adhere to.
SENATOR RHOADS:Will the sponsor yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR RHOADS:In fact, when there's a review by a second physician, there is even no requirement in the bill that the second physician not be in the same practice that the original doctor's in. Is that correct?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President, yes, that's correct.
SENATOR RHOADS:So you can have within one -- will the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR RHOADS:So in fact you can have one physician that is swearing to something and someone else in the same practice says that that's correct. It doesn't have to be an independent review by another doctor in another practice.
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. I -- I would consider a second opinion to be independent.
I don't -- again, I think we hold our physicians to high standards, as we should. And I'm, you know, confident, based on the experience of the 11 states preceding us, that physicians know what they're doing when it comes to prescribing this medication, as well as assessing a patient's ability to make these decisions for themselves and, most importantly, to determine whether they have a terminal diagnosis or not.
We trust physicians for a reason. We can't legislate the minutiae of the doctor-patient relationship. We can perhaps fill in some of the blanks with regulation, which we're seeking the Health Department to do. That I think is the appropriate approach toward a complicated scenario such as the practice of medicine.
SENATOR RHOADS:Will the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR RHOADS:In the interests of time, and in deference to my colleagues who have some follow-up questions I'm sure, isn't it a fact that the bill prohibits insurers from telling patients that this is an option but it does not prohibit insurers from stopping them from denying certain treatments that could prolong their lives?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. There are specific protections from insurance pressure, if that's what you would like to call it. Insurance companies, providers, would not be allowed to provide unprompted information to patients about coverage for medical aid in dying without a request for such information from the patient or as part of some sort of general package of information that they provide to their customers, generally speaking, on their insurance coverage.
No health insurer can deny coverage for any care otherwise covered because a patient requested medical aid in dying. And in most cases, these patients are actually in Medicare or Medicaid at this point. The statistic is 88 to 98 percent of medical-aid-in-dying recipients are under one of those two programs.
SENATOR RHOADS:Will the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR RHOADS:And how about the 2 to 12 percent, using your statistics in that case, of individuals that may not have any health insurance coverage at all? Are you concerned that a decision might be made based upon the inability to pay for further treatments, as opposed to -- as opposed to simply taking the pill to avoid the financial burden that's being placed upon the family?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President, I'm always concerned about a patient's ability to pay and obtain medical services, yes.
SENATOR RHOADS:Will the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR RHOADS:What safeguards --
ACTING PRESIDENT BAILEY:Senator Hoylman-Sigal, do you yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
I'm sorry, Senator Rhoads.
SENATOR RHOADS:Thank you.
And what safeguards are in place to prevent aid in dying from becoming the default end-of-life path in institutions that are experiencing staff shortages, financial pressures, or a low Medicaid reimbursement?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. You know, we have seen that medical aid in dying -- again, I point to relatively recent history, but 27 years' worth -- that in fully 38 percent of the cases where the patient has requested medication for medical aid in dying, they don't -- they don't take advantage of it. They don't use it.
You know, it seems to be -- and we heard this today, at our press conference -- that medical aid in dying is as much about peace of mind and an assurance that a patient knows that that's an option. They may request the medication. But so many of them never end up utilizing it. And that's the peace, that's part of the peacefulness of this process.
Today we heard someone say that, you know, they've been given a terminal diagnosis and by being able to access medical aid in dying, they're going to be able to live life because they know that they will have that option.
So medical aid in dying is about living, people who have been given a terminal illness and a new pathway to plan their death, but enjoy life fully in the meantime. That's what's really inspirational about this movement.
SENATOR RHOADS:Will the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Senator Hoylman-Sigal, do you yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
Senator Rhoads, you're approaching half an hour at present, just to keep to the ball game that we're in.
SENATOR RHOADS:What's the time left?
ACTING PRESIDENT BAILEY:We are actually at half an hour. I just wanted to --
(Overtalk.)
SENATOR RHOADS:I'll just go on the --
ACTING PRESIDENT BAILEY:-- understand the context.
SENATOR RHOADS:-- bill, then. I'll just go on the bill, then.
ACTING PRESIDENT BAILEY:Senator Rhoads on the bill. Briefly, if possible.
SENATOR RHOADS:Briefly on the bill.
We've spoken a lot about slippery slopes. This bill unfortunately is poorly drafted. It leaves so many questions that go unanswered.
And while we're asked to have the confidence that regulations are going to fill in the blanks, in a case where you're literally talking about the difference between life and death, this Legislature has the responsibility -- before we unleash a powerful weapon into the hands of someone -- to ensure that there's sufficient guidelines, safeguards, to make sure that this process is not being abused.
You have physicians who are not psychiatrists making determinations as to mental health and capacity. You have unfortunately insufficient regulations to ensure that we're not contributing to a culture of suicide.
We spend a lot of time in this chamber, rightfully so, talking about mental health, talking about the challenges that young people have, talking about the challenges that our police officers have, the challenges that other individuals in our society have about being able to struggle with the daily problems of life.
And yet what we're saying in this bill is that there are times when it's okay to end your own life. I don't think that that's something that we should be doing. I intend to vote no on this legislation.
Thank you for the courtesy, Mr. President.
ACTING PRESIDENT BAILEY:Thank you, Senator Rhoads.
Senator Helming, why do you rise?
SENATOR HELMING:Thank you, Mr. President. On the bill.
ACTING PRESIDENT BAILEY:Senator Helming on the bill.
SENATOR HELMING:Duchenne muscular dystrophy is a genetic disorder that runs in my family. It causes progressive muscular deterioration and weakness, and tragically, it is terminal. It impacts most of the males -- or many of the males in my family.
Growing up, my first pals were one of my uncles and my cousins. We were all around the same age. We hung out together, we had a good time, despite the fact that Duchenne's confined them to wheelchairs for much of their childhood. But we -- like I said, we had a great time together, shared a lot of memories, made a lot of memories.
Sadly, all that came to an end when we entered young adulthood, when this devastating disease took them way, way too early.
Under the proposed medical aid in dying bill that's before us, individuals with a terminal illness like Duchenne's would be allowed -- at age 18 -- to request and self-administer life-ending medication. And they could do so without the knowledge or the consent of their parents or their guardians.
Now, many of the constituents that I've heard from on this issue, including those who support the concept of medical aid in dying, they're frankly shocked to learn that this legislation permits assisted suicide beginning at age 18 -- the same age as many of our high school seniors who are graduating this month.
They're even more surprised to learn that no parental involvement is required by this bill, not even notification to their parents. As a mother and a grandmother, this is so hard for me to imagine.
We've heard a lot of back-and-forth tonight about the bill and the protections for patients. But the bill's so-called guardrails are, in my view, inadequate for people of any age.
Mental health referrals, for example, would be optional. They're not mandatory. And the required evaluations by both the primary physician and the second opinion from a consulting physician could be provided without ever seeing that patient in person. In fact, it's my understanding that so long as that physician is licensed to practice in the State of New York, they could be anywhere in the world and offer their opinion without ever, ever seeing the patient in person.
It goes on, too. Witness statements can be signed by complete strangers. The bill language says that the witness only has to confirm the patient has provided proof of identity. You could grab anyone off the street and ask them to do that.
Equally concerning is the bill's failure to establish safeguards for tracking or recovering unused doses of these lethal medications. Now, just like so many people in this chamber, I've worked hard for so many years to reduce the number of drug overdoses, especially in our rural communities. And I worry about what happens when these powerful drugs remain in homes, potentially leading to tragic misuse or diversion onto our streets.
And it's not lost on me that tonight, the same day that this body passed my Rural Suicide Prevention Council bill, we're also considering a medical aid in dying bill.
Mr. President, life is precious. I know we all believe that and value that. It's a blessing. And I recognize that for so many, including my own family members, that life can be challenging and painful. But this bill does not offer what I feel are adequate, necessary safeguards and protections. And that is something that we absolutely must get right on an issue as serious as this.
I heard people talk about this being a slippery slope. I believe it is a slippery slope. And for these reasons and so many others, I will be voting no tonight, and I urge all my colleagues to do the same.
Thank you.
ACTING PRESIDENT BAILEY:Thank you, Senator Helming.
Senator Walczyk, why do you rise?
SENATOR WALCZYK:Thank you, Mr. President. Would the sponsor yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR WALCZYK:The prefrontal cortex, do you know at what age that's considered fully developed?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. I think it's (pausing) 57? I'm kidding.
(Laughter.)
SENATOR HOYLMAN-SIGAL:I'm assuming it's at 23, something around there.
SENATOR WALCZYK:Through you, Mr. President, would the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR WALCZYK:Before I joined the State Legislature I didn't know the answer to this question either. It seems pretty medical and technical. But I've heard the age 25 used in this chamber and down the hall for everything from excusing youth from crimes that they've committed in the State of New York to allowing youth to participate in summer youth employment programs up to the age of 25 in New York City.
At what age will somebody be eligible in New York State for assisted suicide under your legislation?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President, 18.
SENATOR WALCZYK:Through you, Mr. President, would the sponsor continue to yield?
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR WALCZYK:Why not until the prefrontal cortex is fully developed?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. Eighteen is the age of majority in the State of New York. And the prefrontal cortex is a scientific designation which, for better or worse, has no bearing in this bill or in any other part of our statutes.
SENATOR WALCZYK:Through you, Mr. President, would the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR WALCZYK:I don't want to belabor it, but it did have a pretty consistent context in decision-making. The prefrontal cortex, when it's fully developed, says that somebody is an adult human who has full decision-making ability.
Why was the age 18 instead of 25 chosen in your bill?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. Again, that determination, the scientific assessment that you have shared with us, has no grounding in New York statutes. So we followed the age of majority as it is throughout the rest of our laws.
SENATOR WALCZYK:Through you, Mr. President, would the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR WALCZYK:I want to follow up with -- there was some discussion with my esteemed colleague here about definitions of terminal illness. Under your bill, would persistent or chronic suicidal ideation -- if two medical professionals believe that this is incurable for a patient and that patient is going to terminate their own life within six months, would chronic suicidal ideation fall under terminal illness or condition by the bill that you're proposing here?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President, no.
SENATOR WALCZYK:Through you, Mr. President, would the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR WALCZYK:With regard to supposed strong checks and balances in this bill, which is to have two doctors signing off on this, is there any requirement in the bill that any records of the consulting physician be kept with the patient's medical record?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President, yes, there are reporting requirements, as we've discussed earlier this evening.
SENATOR WALCZYK:Through you, Mr. President, would the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR WALCZYK:And is there any requirement that any oversight would be done to ensure, before the lethal prescription is given, that a consulting physician actually did evaluate the patient?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. As we discussed earlier, built into the requirement that the consulting physician make that determination is the understanding that he or she would have to spend time with the patient in order to accomplish that goal.
SENATOR WALCZYK:And through you, Mr. President, would the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR WALCZYK:But it's only the attending physician's notes that need to be described to DOH how all steps have been followed by the attending physician. This strongly hinders a paper trail and oversight of the law because there is no required documentation from the consulting physician that must be kept on file anywhere.
The consulting physician must send a letter to the attending physician after the evaluation, but this letter or proof of the second physician looking at the patient does not need to be turned in to the Department of Health, does it?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. That is not explicitly stated in this bill.
I would again suggest that the potential for regulations to fill in gaps, and for the public and public officials to comment on the recordkeeping components, would be something I would encourage my colleague to participate in.
SENATOR WALCZYK:Through you, Mr. President, would the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR WALCZYK:I agree. I wish there were provisions for that protection and oversight in this bill.
What legal recourse will families have if they believe a loved one was misled, coerced or insufficiently informed? And what protections exist for whistleblowers in care facilities?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. There are a number of criminal statutes that could be pursued by family members or others, including in the area of coercion.
But as was stated earlier, there are virtually no examples of coercion in the 11 states that have had medical aid in dying in dying, going back to Oregon's in 1997.
And presumably the family members or friends could seek sanctions or other actions against the attending physicians if they had evidence of some nefarious activities. Once again, though, we have virtually no examples of that happening in the over 10,000 -- over 10,000 cases of patients ingesting medical aid in dying medication, but not a single example of a nefarious effort by a physician or family member to act in an untoward manner for whatever reason.
SENATOR WALCZYK:Through you, Mr. President -- actually, on the bill, Mr. President, very briefly.
ACTING PRESIDENT BAILEY:Senator Walczyk on the bill.
SENATOR WALCZYK:So if we don't require that there's good recordkeeping by the attending or the physician in a patient's file for the family to even get, then I could imagine that there won't be a lot of cases for coercion, because the evidence that you said that they could seek just won't be there because your bill doesn't require those records to be kept.
Through you, Mr. President, would the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR WALCZYK:What safeguards apply when a patient has no immediate family or advocate?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. The physician is supposed to counsel the patient in the absence of family members, but of course that is a potential scenario for any patient seeing a doctor.
I wanted to refer back to the whistleblower. I think I missed a response. Whistleblowers would be held -- (reading) a healthcare provider or other person should not be subject to employment, credentialing, or other contractual liability or penalty for any reasonable good-faith action or refusing to act.
So there is a protection for someone who is alerting authorities or an institutional colleague to some untoward action. I just wanted to mention that.
SENATOR WALCZYK:Through you, Mr. President, would the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR WALCZYK:Who ensures that there is proper review and oversight when you're talking about patients that have no family or advocate?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. It would be as set forth in the bill, with two physicians and the witnesses to the request for medication.
SENATOR WALCZYK:Through you, Mr. President, would the sponsor continue to yield?
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR WALCZYK:Would this be available to parents with unemancipated children?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. I presume the answer is yes. Or I don't -- I don't know why it would not be.
SENATOR WALCZYK:Through you, Mr. President, would the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR WALCZYK:Does your bill speak to this at all? How will the state approach cases where parents seek aid in dying while still raising children, and what ethical or legal considerations apply in those instances?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President.
Again, looking at both the practice among states that have had medical aid in dying and the fact that we don't prescribe medical restrictions on parents of unemancipated children, I think we would just follow the normal course of patient autonomy, which is the kind of fundamental basis of this legislation.
SENATOR WALCZYK:Through you, Mr. President, would the sponsor continue to yield?
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR WALCZYK:So there's nothing in your bill that would address how the state would handle unemancipated children if a parent were to take their own life this way?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President, no. And I can't imagine that we -- the answer is no. Let me leave it at that. I won't editorialize.
SENATOR WALCZYK:Through you, Mr. President, would the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR WALCZYK:Would the children in those types of -- you know, we have a robust Family Court system that considers whole families. And would the children have a voice in that situation, or would it just be the physicians?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. The physician is advised to -- well, is required to speak to the patient and share the options available to him or her, presumably, and could encourage family discussion on this matter, but there's certainly no requirement.
SENATOR WALCZYK:Through you, Mr. President, would the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR WALCZYK:How can you ensure that patients will not be refused coverage of life-saving treatment and instead offered cheaper suicide drugs by the government or by their insurance?
SENATOR HOYLMAN-SIGAL:Well, we have -- through you, Mr. President, we have in the bill that no health insurer can deny coverage for any care otherwise covered because of patient-requested medical aid in dying, Section 2899.
SENATOR WALCZYK:Through you, Mr. President, would the sponsor continue to yield.
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:Senator Walczyk, you have approximately five minutes left, as a courtesy.
The sponsor yields.
SENATOR WALCZYK:The question is really about the incentive, though. If the suicide drugs are cheaper than the medication, what protections are there in this bill to ensure that a facility or an insurance is not interested in pushing suicide drugs instead of continuing to support those who are terminally ill?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. I mean, these patients are at the end of their lives and they've been through the medical establishment for months or years and as a result have been given this terminal diagnosis.
This is not a front-end determination, as we've seen in the 11 states that have medical aid in dying. It is the end for so many of these patients, six months or fewer.
So I think this scenario doesn't lend itself to that hypothetical that you pose. But again, health insurance companies cannot deny coverage or care based on the request for medical aid in dying.
SENATOR WALCZYK:Through you, Mr. President, would the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR WALCZYK:You mention the 11 states that have already done this. In Oregon, people have self-reported that financial implications of treatment is one of the reasons that they have requested lethal life-ending drugs. Isn't that true?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. I understand that's around 5 percent of the Oregon cases, according to my statistics.
SENATOR WALCZYK:Through you, Mr. President, would the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR WALCZYK:Isn't it also true that in Oregon chronic conditions are allowed under the same language?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President, my understanding is no.
SENATOR WALCZYK:Through you, Mr. President, would the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR WALCZYK:Since treatment isn't a specific requirement under this bill -- I know you're addressing a different way -- wouldn't any treatable condition that could be fatal without treatment then qualify?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President, no.
SENATOR WALCZYK:Through you, Mr. President, would the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR WALCZYK:So Oregon has reported showing the median length of time of the prescriber, slash, patient relationship is only five weeks. How can a physician without a relationship with a patient properly assess for depression or coercion happening at home -- isn't happening at home by abusive caregivers?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President, I think a medical professional can make an assessment in five weeks. But again, I'm not myself, obviously, a medical professional.
But to me -- look, I'm a lawyer, I think I could get a fair sense of a case that a client brings to me certainly within five weeks. But I take your point that it's complicated. But I would think five weeks seems like a reasonable amount of time.
SENATOR WALCZYK:Through you, Mr. President, would the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR WALCZYK:We're not really talking about a case in a courtroom here or a traffic violation, though. We're talking about the end of someone's life. And in Oregon, five weeks is actually the average, suggesting that they're making these determinations in much quicker than five weeks with physicians that they've never met before.
How can they determine what somebody's whole life circumstances are, what their caregiving situation is, all of their past medical history, even a terminal illness determination, within a five-week-or-less time frame?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. I don't know where my colleague, you know, makes that assessment that five weeks isn't enough time. I don't frankly know if he has a deep understanding of the determination of a terminal illness.
I will say this, though, that it's not just one physician, it's two. And combined with the potential of a mental-health evaluation, with discussions with family members and friends and the patient, I think the physician begins to understand the totality of a patient's circumstances.
And again, five weeks? Over a month of consultation, to me, on the surface -- notwithstanding the fact that this is obviously a crucial decision -- seems like a reasonable amount of time. But I'm basing my decision based on my own personal understanding, as I guess you are as well.
SENATOR WALCZYK:Through you, Mr. President, would the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Senator Walczyk, we've hit the two-hour debate time, but I will permit this to be your final question. Or if you'd like to go on the bill, either/or. But we've hit the two-minute debate time.
SENATOR WALCZYK:I'll just make it my final question. Thank you, Mr. President.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HOYLMAN-SIGAL:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR WALCZYK:In the Assembly debate -- so this has already passed the other house -- the sponsor over there said chronic conditions without treatment could indeed possibly qualify.
So when you're considering that chronic conditions are allowed under this language if the patient has decided not to continue treatment and their life would end within six months, how do you square that? And how are you having a differing opinion here today in the Senate than the sponsor did in the Assembly?
SENATOR HOYLMAN-SIGAL:Through you, Mr. President. I'm not aware of the determination in the other house. But I will go back to the word that is in the bill, "irreversible." And a chronic condition is not one that is irreversible, so in my opinion would not qualify under medical aid in dying.
ACTING PRESIDENT BAILEY:Thank you, colleagues.
Based upon the Senate rules, the two-hour debate limit has elapsed and debate is closed. The Secretary will ring the bell.
As a point of privilege, during vote explanations, just to remind everybody about the Senate rules, the sponsor of the bill has five minutes and everyone else has two minutes.
We would like to -- we will enforce that strictly today. Thank you very much.
Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Senator Harckham to explain his vote.
SENATOR HARCKHAM:Thank you very much, Mr. President.
I want to first thank the Majority Leader for bringing this bill to the floor. I want to thank Senator Hoylman-Sigal for an incredible job working on this bill and getting it to this point. I want to thank Diane Savino, former Senator, for her work on this bill.
Mr. President, this bill is about personal choice and this bill is about dignity. I want to thank all of my constituents on both sides of this issue who wrote to me, who called me, who spoke with me personally.
I see the divide in my own family. My father was a devout Catholic, and the thought of something like this truly appalled him. My mother watched her mother die a very painful death from cancer, and we spoke about this. And as you know, she passed a few months ago.
And she was in hospice, to the point, and when we talked about the morphine being administered and how it would come in gradually, she literally said to me one day, why can't she have it all at once? And I don't say that to be melodramatic, but that was her choice.
At 98 her mind was sharp, she was reading two newspapers a day, she read four books a week. Her body had failed her; she lost her dignity.
So this bill will not help my mother, but it will help someone else's. I vote aye.
ACTING PRESIDENT BAILEY:Senator Harckham to be recorded in the affirmative.
Senator Scarcella-Spanton to explain her vote.
SENATOR SCARCELLA-SPANTON:Thank you, Mr. President.
It is with great pride and relief for countless New Yorkers that I rise today to speak on a truly landmark piece of legislation which I have been an ardent supporter of since day one. We are not merely passing a bill, but we are answering a call to compassion and to dignity.
Medical aid in dying has been a cause that I have supported from the very beginning, long before I had the privilege of serving in this chamber, because I have always believed that the right to die with dignity is fundamental to what it means to live with dignity.
This bill was introduced nearly a decade ago by my predecessor, Senator Diane Savino, who's actually here with us today in the chamber. And she's always said that this bill is not about suicide, but it is about taking control of your own fate at the end of your life.
She had the courage to put this conversation on the table, and it truly is an honor today that we carry this work across the finish line. Thank you.
We owe an extraordinary debt of gratitude to Senator Brad Hoylman, who carried this bill to success, guiding it with grace, and allowing me to work as a true partner. And you never made me feel like I was stepping on your toes, I appreciate that. I'm so lucky to have worked with you, tackling this issue from different sides. Brad will always tell you he is a gay Manhattan Jewish man, and I am a Catholic lady from Staten Island. So we come from different sides on this. But we made one hell of a team together.
I also want to thank Assemblymember Amy Paulin, whose steadfast advocacy turned this into a reality. She's also here. She got this done in the Assembly.
And of course the organizers, Corinne Carey and Amanda Cavanaugh, who brought their entire heart and soul into making sure they got this done, along with every single advocate who stood in the halls week after week, sharing their deeply personal stories and their yellow shirts, with their posters, with their candles, doing so peacefully and making sure that we heard the stories of their loved ones.
We heard a lot of what-ifs today from the other side. We hear about the slippery slope. But I can stand here confidently and say --
ACTING PRESIDENT BAILEY:Senator Scarcella-Spanton, could you conclude, please.
SENATOR SCARCELLA-SPANTON:Yes.
I can stand here confidently and say that this bill has all the issues that have been addressed, and I proudly vote aye.
Thank you.
ACTING PRESIDENT BAILEY:Senator Scarcella-Spanton to be recorded in the affirmative.
Senator Rivera to explain his vote.
SENATOR RIVERA:Thank you, Mr. President.
I proudly vote in the affirmative on this bill. And while I think that some of the debate was in good faith, I think that we have to underline the fact that there were some disingenuous hypotheticals that kind of made it seem as though physicians aren't professionals.
This is a bill that has been thought through over and over and over again. And ultimately, as some of my colleagues have mentioned, it is about giving a person the opportunity and the dignity to choose how they go out.
If you have somebody who is making this decision, this is not something that is taken lightly. And the bill, which I'm very thankful of, is built so that it has these steps that have to be taken. As some of my colleagues have suggested, this is something that today's Tuesday and if tomorrow's Wednesday and I choose to do it, then on Thursday I can take this. This is not the way it works.
As opposed to that, there's all sorts of levels that are established here. Physicians, two of them, have to make independent determinations under the penalty of perjury. They're giving up their license if they're going to make the wrong decision here. They're making a determination for someone who's already made that decision and who has to be able to do it themselves.
This is a decision that is made by people who are in deep, deep pain. I have talked to many family members over the years who have told me a lot about the suffering that some of their family members have gone through. This would give them an opportunity to actually transition in the way that they see fit.
And I thank all of my colleagues who have worked so hard to get it to this point. I vote in the affirmative.
ACTING PRESIDENT BAILEY:Senator Rivera to be recorded in the affirmative.
Senator May to explain her vote.
SENATOR MAY:Thank you, Mr. President.
I also want to thank Senator Hoylman-Sigal and the Majority Leader and my colleagues who are supporting this bill, and the advocates on both sides who brought a real dignity to this debate.
In 1988 my husband died of the most painful form of cancer there is. He was 32 years old. And initially the doctors didn't want to control his pain because they said his pain was their only guide to the progression of the disease. When they finally ran out of ways to treat the disease, they didn't want to give him pain control because they said morphine was too addictive.
I had to move heaven and earth to find a doctor who would prescribe him morphine in the doses that would actually control his pain, and then to find a pharmacist who would fill the prescription.
And I don't know if the last largest dose he took also took his life. But I know that he died in peace. And I also know that in those last few weeks, when he knew he had access to a drug that could control his pain, he didn't have the kind of anxiety and fear that he had lived with for at least a year before that time.
And so I hear the statistic about more than a third of the people who have availed themselves of this prescription in other places have actually not used it. I understand that. Because it isn't about controlling the disease or controlling the pain, it's about having control at the end of your life.
Our medical profession has prolonged our lives, prolonged our deaths, and people want some form of control. And I am very confident that this will be a way for people to choose the end of their lives with dignity.
I vote aye.
ACTING PRESIDENT BAILEY:Senator May to be recorded in the affirmative.
Senator Gounardes to explain his vote.
SENATOR GOUNARDES:Thank you, Mr. President.
In my seven years in this chamber I've cast thousands and thousands of votes, and this, to me personally, is probably the hardest vote I've taken and I've cast.
I've thought about this bill for years and years. I've heard from countless people up here in Albany, from my colleagues, back home in my district -- people who support this bill, people who are opposed to this bill, people who are similarly conflicted over this bill.
And I've spent countless hours reflecting on what this bill offers to people and why it's so important -- really for all the reasons that Senator May just outlined that she experienced with her late husband.
And I've been moved to support this bill because no matter how conflicted I may have been, I recognize that this is about giving other people that choice and that dignity of that choice. And that is something that no matter what background you come from, what belief system you have, you hold, what values you share, we cannot impose our views on others in that same way for them to make that choice.
And so I'm comforted by the safeguards and protections that I know the sponsor worked very hard to place into this bill, and I trust that in authorizing this avenue for people to find hope for themselves and closure for themselves and comfort and dignity for themselves, that we can actually help not just those patients, but their families as well.
And for those reasons, I'm be voting in the affirmative. Thank you.
ACTING PRESIDENT BAILEY:Senator Gounardes to be recorded in the affirmative.
Senator Mayer to explain her vote.
SENATOR MAYER:Thank you, Mr. President.
First I'd like to thank my colleagues who led the fight for this -- Senator Hoylman-Sigal, Senator Scarcella-Spanton, Senator Savino, and my colleague from home, Amy Paulin -- who after many, many years have brought this bill to the floor.
This is not a vote I take lightly. And after much internal debate, I rise to vote in favor. Of course, like everyone, I've heard from so many constituents who deeply and personally either support or oppose this bill, either for moral or religious reasons or their care and concern about the risks for people at the margins of societies, and those who are taken advantage of.
But at the end of the day I'm supporting this legislation because I believe that New Yorkers with terminal illness, especially those who are suffering immensely -- as we have heard and all of us have experienced -- deserve the opportunity to choose to die on their own terms with their own dignity under the safeguards in this bill.
I respect those who disagree with me. I respect those for whom this is a choice neither they nor their families will ever make.
But today we say to those who are able and want to make this choice: We will make it available under certain circumstances. We are extending our compassion to current and future New Yorkers facing devastating diagnoses. Many will choose not to go down this path. But for those who do, this bill offers self-determination and in some cases peace of mind as they navigate the end of their lives.
I thank my colleagues.
I vote aye.
ACTING PRESIDENT BAILEY:Senator Mayer to be recorded in the affirmative.
Senator Chan to explain his vote.
SENATOR CHAN:Thank you, Mr. President.
I just want to remind everyone that we live in a state where we can't even take pentobarbital home to put our dogs down, our cats. But we're going to do it with humans?
I heard the overwhelming rejection of this bill from the people of South Brooklyn. I want to thank my colleagues for talking about the moral aspects of this bill's policy, legality. But wouldn't you know it, there was a chapter in my life where I was an undercover narcotics officer on the Lower East Side of Manhattan. If I took $20 and walked into Seward Park in 1999, I could walk away with Xanax, Klonopin. I could walk away with methadone, Viagra. And during the pandemic it was hydroxychloroquine. And soon I will be able to buy pentobarbital in Seward Park.
Just because nobody has been caught committing a crime doesn't mean a crime has not been committed in this regard. We didn't know there was a serial killer in Gilgo Beach on Long Island until he was caught, until we discovered the bones.
So I'm going to have to -- I admire the compassion component of this bill, but it's just -- too many aspects are bad about this. There's no oversight. I'm going to have to vote no on behalf of my district.
Thank you, Mr. President.
ACTING PRESIDENT BAILEY:Senator Chan to be recorded in the negative.
Senator Borrello to explain his vote.
SENATOR BORRELLO:Thank you, Mr. President.
I don't take this vote lightly. Unfortunately, I've known too many people that have died a painful, horrible death with ALS, including my uncle Paul Matero. Very, very difficult to watch.
But you know, we're looking at this today as compassion. But there's a reason why the American Medical Association, the AMA, reiterated today their opposition to this bill. Why? Because doctors are in the business of saving lives. And they take an oath based on the principle of "First, do no harm." Now we're telling doctors to tell someone, counsel them, that it's okay to take your own life. First, do no harm.
Then we're telling those doctors to prescribe deadly medication, hand it to someone, and let them walk out the door, not knowing what's going to happen with that medication. First, do no harm.
The doctors who are supposed to be in the business of saving lives, prolonging lives, protecting life, are opposed to this. Why? Because first, do no harm.
Today this bill will cause harm, and that's why I'm voting no.
Thank you, Mr. President.
ACTING PRESIDENT BAILEY:Senator Borrello to be recorded in the negative.
Senator Tedisco to explain his vote.
SENATOR TEDISCO:Thank you, Mr. President.
I know this is a very sensitive and difficult issue for all of us. But the one thing you should all remember today is at one time in New York State we already had a system in which the state assisted individuals in their death. In 2004 we eliminated the death penalty. The last person to get the death penalty in New York State was in 1963.
Let me read you the physician's role, the compassion that was in place for vicious murderers that received the death penalty in New York State.
(Reading.) The prison physician was responsible for both officiating at capital punishment and monitoring condemned inmates prior to their executions. This responsibility encompassed observing the health of prisoners in the holding cells and treating acute illnesses. Postmortem, the physician performed an autopsy to confirm the cause of death and analyze the efficiency of what took place. The physician became the primary employee involved with capital punishment, bearing both psychological and physical responsibilities.
Whether you believed in the death penalty or didn't believe in it for vicious murderers in New York State, the state had the compassion to put a physician in the room and help that individual, with compassion, not suffer during the course of an execution of murderers.
You're allowing the execution in death of an individual by themselves without requiring and mandating the psychological and emotional, physical involvement of an important licensed physician in New York State. But this is a state and many other states right now still do that, put a physician in a room with murderers so they have the compassion to make sure they go peacefully, in comfort.
ACTING PRESIDENT BAILEY:Senator Tedisco, your time has elapsed. How do you vote?
SENATOR TEDISCO:That's not mandated in this bill, and that is shameful.
I vote no.
ACTING PRESIDENT BAILEY:Senator Tedisco to be recorded in the negative.
Senator Fahy to explain her vote.
SENATOR FAHY:Thank you, Mr. President.
I rise to vote aye on this bill, or aay. This is probably as well the most difficult vote I have taken in many years, if not all of my years here and in the Assembly. It is deeply, deeply personal for me, given my personal faith and given my personal beliefs. But I was selected to represent all of my constituents in the 46th District, not just those who agree with my personal perspective.
While I am voting in the affirmative, I am also troubled on a few fronts. One, with the progression in Canada and how it has moved to non-terminal illnesses who have access to life-ending drugs, as well as the concerns of the disabled -- and I am the Disabilities chair -- as well as those who are vulnerable populations.
In the end, I am supporting this, however, because there are patients who still suffer while dying. And I reached out to one of my son's doctors because I -- to ask about palliative care, and my understanding is that we have made a lot of strides on palliative care.
But this doctor responded by saying as much as they attempt to relieve suffering, they cannot fix all pain in death, or as an individual is facing death. They cannot do much more for the shortness of breath, which is -- and I'm quoting some of the comments from this doctor. They cannot do much to address the shortage of breath, which can be unbearable, and particularly in some lung cases, as well as blood cancers, that can give profound anemias.
So again, while trying to relieve pain they can face, in those types of cancers, catastrophic erosion of tumors and major blood vessels, which can result in acute hemorrhaging and bleeding out, which can be devastatingly traumatic to everyone.
Again, while this bill --
ACTING PRESIDENT BAILEY:Senator Fahy, if you can conclude a little bit --
SENATOR FAHY:-- does have guardrails, I remain troubled on those three fronts.
But in the end, I cannot in good conscience vote, for those who may face terminal illnesses, to have them suffer in death. And with that, I will vote in the affirmative.
Thank you.
ACTING PRESIDENT BAILEY:Senator Fahy to be recorded in the affirmative.
Senator Martins to explain his vote.
SENATOR MARTINS:Thank you, Mr. President.
As has been said multiple times this evening, Mr. President, this is about personal choice and dignity. And I believe that. I've had the opportunity to meet with advocates and opponents. I've had the opportunity to meet with physicians who have both supported and opposed this bill.
The one thing I came away with is this bill isn't ready. The idea of doctor-shopping -- and we've seen examples of doctor-shopping where a person will go from doctor to doctor to doctor until they find one who will finally sign off and allow them the opportunity that they're asking for. The idea that we don't have mental-health evaluations built into this as a mandatory component, because someone who looks to end their life by necessity needs to have that evaluation.
I'm sympathetic, and I think everyone here in the chamber understands that I am sympathetic, given my own personal experiences with this issue. I'm very sympathetic with the idea of personal choice and dignity.
But I can't get there on this bill, Mr. President, and I'll be voting no.
ACTING PRESIDENT BAILEY:Senator Martins to be recorded in the negative.
Senator Walczyk to explain his vote.
SENATOR WALCZYK:Thank you, Mr. President.
I heard in this debate the slippery slope argument sort of pushed aside. New Yorkers remember when compassion for glaucoma patients allowed medical marijuana in New York, and then we watched it go on and become fully legalized.
In 2016, Canada passed medical assistance in dying. It included two physicians. It included a foreseeable death criteria and protections for vulnerable citizens in Canada.
Canada now has an assisted suicide which accounts for one in 20 deaths in their country. This is where we're headed.
David Baltzer served two tours in Afghanistan with the Canadian armed forces. Veterans Affairs Canada told him: I would like to make a suggestion for you. Keep an open mind. Think about it. You've tried all this, and nothing seems to be working. But have you thought about medical assisted suicide?
The veteran said, "It was my lowest down point, just before Christmas. It made me wonder were they really there to help us or slowly groom us to say, 'Here's a solution, just kill yourself.'"
I vote no, Mr. President.
ACTING PRESIDENT BAILEY:Senator Walczyk to be recorded in the negative.
Senator Gonzalez to explain her vote.
SENATOR GONZALEZ:Thank you, Mr. President.
I rise today to proudly vote aye on this bill. And I want to thank the many advocates who are here today and those who I saw for years work in both chambers to ensure this bill's passage.
I certainly want to thank Senator Hoylman-Sigal for sponsoring this legislation and all the work he's put into this. And of course I want to thank Senator Jessica Scarcella-Spanton, my seatmate, but also someone who I know has truly and deeply championed this issue since the day that we started in the chamber together.
We talk a lot about freedom and dignity in this body. We talk about the ability to live our lives on our terms. And that ability should extend to ending our lives on our terms. We talk a lot about making sure New Yorkers can live their lives with dignity, and we need to also ensure that New Yorkers, if put in the situation, are able to also pass with dignity.
So I support this bill and vote proudly aye because I believe this is a bill about bodily autonomy. It's a bill about ending suffering. And certainly it's a bill about giving every New Yorker the freedom to make the hardest decisions with their medical professionals.
So again, I want to thank everyone for passing this. Thank you.
ACTING PRESIDENT BAILEY:Senator Gonzalez to be recorded in the affirmative.
Senator Canzoneri-Fitzpatrick to explain her vote.
SENATOR CANZONERI-FITZPATRICK:Thank you, Mr. President.
This certainly is a very serious topic. We've talked about the slippery slope. We've talked about the vulnerable populations. We've talked about trusting doctors to do the right thing. But it's our job to legislate, and today I think we've failed.
Senator May, I'm so sorry to hear what you've gone through. I too was a young widow with four children who suffered terribly over the loss of their father. That's why every day in this chamber I advocate for them. That's why I'm a Senator, to make sure they have a better life.
But we talk about mental health in this chamber all the time and what we can do to protect people from suicide and to make sure that they have mental-health support. The lack of control over a lethal cocktail going into a home where there's potentially a parent dying and young children in that home that could end their suffering and think that "I don't want to live without mom or dad," and have access to lethal drugs in their home if they are mentally unstable, is a risk I am not willing to take. One person, one child dying from that is way too many.
I vote no.
ACTING PRESIDENT BAILEY:Senator Canzoneri-Fitzpatrick to be recorded in the negative.
Senator Comrie to explain his vote.
SENATOR COMRIE:Thank you, Mr. President.
I rise today to support the Medical Aid in Dying bill. I won't tell personal stories, but I just want to thank all of the advocates on both sides for their outreach and their concern and their compassion.
I want to thank Diane Savino and everyone that has been working many years. Jackie Williams, who's in Atlanta now, has been -- was the first person to come to me when I first got here to talk to me about medical aid in dying when I came here 10 years ago.
I appreciate the concerns and the fears, but I don't appreciate the fearmongering. This is only going to happen to a small segment of people that want to take this action. This is a country that should allow people to do the things that they want to do. We should be a body that gives people an opportunity to do things that they want to do.
This is not something that's going to turn into Dr. Kevorkian or children slipping and taking drugs from people, because this will be done in a way that -- for people that really want to do this, that are really in pain and suffering. That they know they have -- their lifetime is over, and they want to die with dignity. They want to go out on their own terms. They want to not have people look at them in their final days, you know, pitying them or coming to visit them that never visited them while they were sick and all of a sudden they want to see them while they're dying.
This is for people that want to take a choice -- a hard choice, and it will be an informed choice. It will be a choice that will be deliberated over. But for somebody to want to do this, it's only going to be a small segment of our society. We will all monitor to make sure that there are no Dr. Kevorkians and no hospitals that specialize in this, because we're responsible legislators. And if we hear of any sign of that, we will tamp it down.
ACTING PRESIDENT BAILEY:Senator Comrie, how do you vote?
SENATOR COMRIE:Is it two minutes already?
ACTING PRESIDENT BAILEY:Indeed.
SENATOR COMRIE:I vote aye.
Thank you, Mr. President.
ACTING PRESIDENT BAILEY:Senator Comrie to be recorded in the affirmative.
Senator Hoylman-Sigal to close.
SENATOR HOYLMAN-SIGAL:Thank you, Mr. President.
I want to share this stone that I had in my desk for the last year. It was from a young woman named Jules who has metastatic breast cancer and gave it to me a year ago as we were working on this bill. It was her worry stone. And she said I could return it to her if in fact she survived. And I'm happy to say she's still alive.
And that's really what medical aid in dying is about for so many patients. It's about living. It's about planning your life in a way that you can end it peacefully. And to the advocates who are here, we owe you such a debt of gratitude, because you have propelled us to a great social reform for other New Yorkers.
And what's so important that I think my colleagues share, we understand the moral concerns on the other side of the aisle. But we choose to act independently for our own -- within our own moral code. And whether it's been abortion, gay marriage, adultery, gestational surrogacy -- complicated moral issues that we've addressed in this chamber, we have viewed through the lens of personal autonomy and liberty.
And Mr. President, I think that's what we're doing today. And I'm so proud to vote aye.
ACTING PRESIDENT BAILEY:Senator Hoylman-Sigal to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar 1674, those Senators voting in the negative are Senators Ashby, Baskin, Borrello, Bynoe, Canzoneri-Fitzpatrick, Chan, Cleare, Gallivan, Griffo, Helming, Lanza, Martinez, Martins, Mattera, Oberacker, O'Mara, Ortt, Palumbo, Persaud, Rhoads, Rolison, Stec, Sutton, Tedisco, Walczyk, Weber and Weik.
Ayes, 35. Nays, 27.
ACTING PRESIDENT BAILEY:The bill is passed.
(Applause from galleries.)
ACTING PRESIDENT BAILEY:Senator Gianaris.
SENATOR GIANARIS:Mr. President, if we could return to motions and resolutions for a moment, we have several here.
Amendments are offered to the following Third Reading Calendar bills.
On behalf of Senator Gounardes, page 56, Calendar 1419, Senate Print 3397.
On behalf of Senator Gonzalez, page 61, Calendar 1510, Senate Print 7599B.
Senator Bailey, page 13, Calendar 580, Senate Print 5331.
Senator Liu, Calendar Number 1679, Senate Print 1511.
Senator Hinchey, Calendar Number 1653, Senate Print 8021A.
Senator Bailey, Calendar Number 1644, Senate Print 7222.
Senator Bynoe, page 24, Calendar Number 920, Senate Print 4072.
Senator Gonzalez, page 61, Calendar Number 1516, Senate Print 7923.
Senator Skoufis, page 58, Calendar Number 1434, Senate Print 2520A;
Senator May, page 9, Calendar Number 403, Senate Print 1227.
Senator Hoylman-Sigal, page 53, Calendar Number 1390, Senate Print 7297.
Senator Bynoe, page 65, Calendar Number 1549, Senate Print 7611.
Senator Fahy, page 34, Calendar Number 1129, Senate Print 4500.
Senator Webb, page 15, Calendar Number 621, Senate Print 2057.
Senator C. Ryan, page 24, Calendar Number 917, Senate Print 4774.
And Senator Webb, Calendar 1695, Senate Print 6231.
ACTING PRESIDENT BAILEY:Those amendments are received, and those bills will retain their place on the Third Reading Calendar.
Senator Gianaris.
SENATOR GIANARIS:I also wish to call up the following bills, where were recalled from the Assembly and are now at the desk:
Senate Print Numbers 1349B, 2236, 620, 7944, 54, and 934.
ACTING PRESIDENT BAILEY:The Secretary will read.
THE SECRETARY:Calendar Number 225, Senate Print 620, by Senator Stavisky, an act to amend the Education Law.
Calendar Number 1300, Senate Print 7944, by Senator Ramos, an act to amend the Labor Law.
Calendar Number 499, Senate Print 54, by Senator Fernandez, an act to amend the Penal Law.
Calendar Number 297, Senate Print 934, by Senator Gonzalez, an act to amend the General Business Law.
Calendar Number 445, Senate Print 2236, by Senator Gounardes, an act to amend the Labor Law.
Calendar Number 936, Senate Print 1349B, by Senator Cleare, an act to amend the Education Law.
SENATOR GIANARIS:Move to reconsider the vote by which these bills were passed.
ACTING PRESIDENT BAILEY:Call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT BAILEY:The bills are restored to their place on the Third Reading Calendar.
SENATOR GIANARIS:I offer the following amendments.
ACTING PRESIDENT BAILEY:The amendments are received.
SENATOR GIANARIS:Mr. President, at this time let me reset the --
ACTING PRESIDENT BAILEY:Excuse me. If we could have some order in the chamber, please. Thank you.
Senator Gianaris.
SENATOR GIANARIS:Thank you, Mr. President.
If I could reset the evening for my colleagues, it is almost 9 p.m. We have seven more bills to be debated. So obviously we want everyone to have the opportunity to ask their questions and be heard, but we have a long night ahead of us.
So let us move on next to Calendar 182, by Senator Harckham.
ACTING PRESIDENT BAILEY:The Secretary will ring the bell.
The Secretary will read.
THE SECRETARY:Calendar Number 182, Senate Print 1985A, by Senator Harckham, an act to amend the Criminal Procedure Law.
ACTING PRESIDENT BAILEY:Senator Walczyk, why do you rise?
SENATOR WALCZYK:Mr. President, will the sponsor yield for some questions.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HARCKHAM:Glad to.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR WALCZYK:Through you, Mr. President.
So Section 530.11 of the Criminal Procedures Act defines family offenses. That includes disorderly conduct, including disorderly conduct not in a public place. Is that correct?
SENATOR HARCKHAM:Thank you, Mr. President. If you'll give us a second, we're checking on that.
This bill does not speak specifically to that code, so we're prepared to speak on this bill, but we will find out that answer for you if you desire that.
SENATOR WALCZYK:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HARCKHAM:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR WALCZYK:Yes, so this bill addresses specifically family offenses in that Section 530.11 of the Criminal Procedures Act. I'm just looking for some clarification. Disorderly conduct, not including in a public place, is included in that section.
SENATOR HARCKHAM:Through you, Mr. President. To our knowledge, that is not a crime, it's a violation.
SENATOR WALCZYK:Through you, Mr. President, would the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HARCKHAM:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR WALCZYK:But that violation is under the list of things in family offenses, is that correct?
SENATOR HARCKHAM:We're checking.
But through you, Mr. President, this bill has to do with the threats of domestic violence and firearms. (Pause.)
Family offenses is on the list. You are correct, sir.
SENATOR WALCZYK:Through you, Mr. President, would the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HARCKHAM:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR WALCZYK:And under Section 240.20 of the Penal Law, it outlines when the intent is to cause an annoyance or an alarm. One of the provisions is when someone makes an unreasonable noise, i.e., a noise complaint. Is that covered under this statute as well?
SENATOR HARCKHAM:(Conferring.)
Through you, Mr. President, that is a violation. It's a family offense. It would need to be against another family member. Something like a noise complaint would not rise to the level of this bill that we're talking about today.
SENATOR WALCZYK:Through you, Mr. President, would the sponsor continue to yield?
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HARCKHAM:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR WALCZYK:Section 240.20, disorderly conduct, under the Penal Law, a person is guilty of disorderly conduct when, with the intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, engages in fighting or violent, tumultuous, or threatening behavior or, two, makes an unreasonable noise.
So my understanding is that a noise complaint, if filed by a family member or intimate partner under this legislation, would qualify for the firearms confiscation. Am I understanding that correctly, Mr. President?
SENATOR HARCKHAM:Through you, Mr. President. While theoretically correct, the point of a DV call really is violence. And that's what we're talking about here, and the threat of violence, not just annoyance.
SENATOR WALCZYK:Through you, Mr. President, would the sponsor continue to yield?
ACTING PRESIDENT COONEY:Will the sponsor yield?
SENATOR HARCKHAM:Yes.
ACTING PRESIDENT COONEY:The sponsor yields.
SENATOR WALCZYK:Yeah, it's not necessarily a theory if it's already written in statute and your bill directly addresses that statute. It would be how your bill plays out in practice, which is why I wanted to bring that up.
Is your intent something other than allowing a family member to file a noise complaint against a relative and have their weapons confiscated for that noise complaint?
SENATOR HARCKHAM:Through you, Mr. President. The bill allows officers' discretion that when they arrive on the scene, and they go through that the normal DIR and they don't feel that there is a threat assessment -- or there is a threat, they don't have to confiscate the weapons.
SENATOR WALCZYK:And through you, Mr. President, would the sponsor continue to yield?
ACTING PRESIDENT COONEY:Will the sponsor yield?
SENATOR HARCKHAM:Yes.
ACTING PRESIDENT COONEY:The sponsor yields.
SENATOR WALCZYK:So would this bill -- when we're talking about intimate relationships or family relationships, would this include roommates in that? If you have a longstanding roommate, would that be considered an intimate relationship?
SENATOR HARCKHAM:(Conferring.) Thank you, Mr. President.
There has to be more than just a roommate relationship. There has to be some sort of an intimate family bond.
And if I may take a moment to back up as to the importance of this change to the bill, is that domestic violence and firearms are not a good mix. In a six-week period in Westchester County we had three incidents, two in my district, one in Senator Mayer's district, that resulted in six fatalities, several other people, including children, gravely wounded.
And in fact reports show that 20 percent of women who are killed with a restraining order are killed within the first two days. And that's why the five days that we are calling for in this law are so important, to give time for safety plans to be put in place.
So I would suggest that while we can talk about, you know, noise complaints and things like that, this is about something much more serious and buying time to save victims and buying time for safety plans to be put in place.
SENATOR WALCZYK:Through you, Mr. President, would the sponsor continue to yield.
ACTING PRESIDENT COONEY:Will the sponsor yield?
SENATOR HARCKHAM:Yes.
ACTING PRESIDENT COONEY:The sponsor yields.
SENATOR WALCZYK:I'm very sorry to hear about those situations. You said the homicides were within the first two days?
SENATOR HARCKHAM:That -- the study that we saw showed that 20 percent of women who are killed in a domestic violence incident, 20 percent of those women are killed within the first two days of the filing of that order of protection.
And so that's why -- one of the reasons why we feel these five days that are in this statute are so important.
SENATOR WALCZYK:Through you, Mr. President, would the sponsor continue to yield.
ACTING PRESIDENT COONEY:Will the sponsor yield?
SENATOR HARCKHAM:Yes.
ACTING PRESIDENT COONEY:The sponsor yields.
SENATOR WALCZYK:But if they're killed within the first two days, the first two days is already in statute. Can't they confiscate weapons for up to 48 hours in current law?
SENATOR HARCKHAM:They may. They are not required to.
So this bill sort of bifurcates. It gives officers discretions in certain areas and requires them -- it says "shall" -- in other areas.
So for instance, if they have to make an -- they may, if their determination when they arrive on scene and they see firearms out -- they can't go looking for them, but if they see them, depending on the situation, current law says they may.
What this says is if the suspect is arrested, then the officer shall. And then in the DIR, there's a third section in the victim interview. If their affirmative responses to things like did suspect make victim fearful, weapon used, access to guns, suspect threats. And then there is a whole section on strangulation, because there's a very strong correlation between strangulation and later murder.
So if there are positive responses in the victim interview section, that would also trigger the "shall" clause for five days.
SENATOR WALCZYK:Through you, Mr. President, would the sponsor continue to yield.
ACTING PRESIDENT COONEY:Will the sponsor yield?
SENATOR HARCKHAM:Yes.
ACTING PRESIDENT COONEY:The sponsor yields.
SENATOR WALCZYK:I don't have it in front of me, but that DIR I think also has a provision saying if they've made them fearful in the past. Is that one of the requirements in front of you?
SENATOR HARCKHAM:Yeah, there is a section on that. You are correct, sir.
SENATOR WALCZYK:And through you, Mr. President, would the sponsor continue to yield.
ACTING PRESIDENT COONEY:Will the sponsor yield?
SENATOR HARCKHAM:Absolutely.
ACTING PRESIDENT COONEY:The sponsor yields.
SENATOR WALCZYK:I had asked a few questions ago about roommates. Would the intimate relationship also include ex-boyfriends, ex-girlfriends? Would that qualify as an intimate relationship under family offense matters?
SENATOR HARCKHAM:I believe so, Mr. President, through you. In fact, there are questions about that on the DIR as well.
SENATOR WALCZYK:Through you, Mr. President, would the sponsor continue to yield?
ACTING PRESIDENT COONEY:Will the sponsor yield?
SENATOR HARCKHAM:Yes.
ACTING PRESIDENT COONEY:The sponsor yields.
SENATOR WALCZYK:Are ex-spouses also included?
SENATOR HARCKHAM:Through you, Mr. President, yes.
SENATOR WALCZYK:And through you, Mr. President, would the sponsor continue to yield?
ACTING PRESIDENT COONEY:Will the sponsor yield?
SENATOR HARCKHAM:Yes.
ACTING PRESIDENT COONEY:The sponsor yields.
SENATOR WALCZYK:That would be even if they no longer live in the same residence?
SENATOR HARCKHAM:Through you, Mr. President, correct.
SENATOR WALCZYK:And through you, Mr. President, would the sponsor continue to yield?
ACTING PRESIDENT COONEY:Will the sponsor yield?
SENATOR HARCKHAM:Absolutely.
ACTING PRESIDENT COONEY:The sponsor yields.
SENATOR WALCZYK:Section 2 of your bill says "shall take custody of firearms." Possession in the Penal Law talks about control and access to firearms. What firearms are we talking about? Are we talking about the alleged personal firearms or all firearms that they would have access to? All firearms in the home, for example?
SENATOR HARCKHAM:Through you, Mr. President. It would not be all firearms in the home. They would need a warrant to do that.
This would be the ones on the suspect's person or are laying about the house that are visible.
SENATOR WALCZYK:Through you, Mr. President, would the sponsor continue to yield.
ACTING PRESIDENT COONEY:Will the sponsor yield?
SENATOR HARCKHAM:Yes.
ACTING PRESIDENT COONEY:The sponsor yields.
SENATOR WALCZYK:So that was one of the significant changes that I saw in your legislation here, is that currently in statute an officer may take temporary custody of a host of firearms that are in plain sight or discovered when they go into the home.
Yours is saying they shall take custody of any that are in possession, which could mean that they have access or control. So any other firearms in the house, even if they're owned by someone else? Or would they have to be owned by the person who's accused?
SENATOR HARCKHAM:Through you, Mr. President. It's not another person. It's not the spouse, it's not the adult children. It's just that individual. And it would temporarily -- for that five-day period, unless a judge rules in a shorter amount of time, it would also be their license as well.
SENATOR WALCZYK:Through you, Mr. President, would the sponsor continue to yield.
ACTING PRESIDENT COONEY:Will the sponsor yield?
SENATOR HARCKHAM:Yes.
ACTING PRESIDENT COONEY:The sponsor yields.
SENATOR WALCZYK:So currently police officers in law are required to take firearms that are used, and they have discretion on any that are in plain sight that may be owned by someone else or owned by them.
What does Section 2 specifically change, then?
SENATOR HARCKHAM:(Conferring.)
Thank you, Mr. President. Through you, Mr. President.
As I said before, it changes from "may" to "shall." Right now officers may, and this directs them to shall.
SENATOR WALCZYK:Thank you, Mr. President. On the bill.
ACTING PRESIDENT COONEY:Senator Walczyk on the bill.
SENATOR WALCZYK:A noise complaint from a jilted lover could result in gun confiscation and may even require it -- according to the sponsor, requires it, depriving New Yorkers of their Second Amendment rights. Those are the rights that you all swore to uphold.
Police can already arrest, separate and protect victims of domestic violence, which is very good and important. But an order of protection, as the sponsor pointed out, is only as good as the piece of paper that it's written on, and this bill has the potential to remove firearms from the home under that definition of possession, even if they're owned by the victim or the complainant.
It's bad policy. It's reckless. And I believe it's unconstitutional. I'll be voting no and encourage my colleagues to do the same.
Thank you.
ACTING PRESIDENT COONEY:Thank you, Senator.
Are there any other Senators wishing to be heard?
Hearing and seeing none, debate is closed. The Secretary will ring the bell.
Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT COONEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT COONEY:Announce the results.
THE SECRETARY:In relation to Calendar 182, voting in the negative are Senators Borrello, Canzoneri-Fitzpatrick, Chan, Ashby, Gallivan, Griffo, Helming, Lanza, Mattera, Oberacker, O'Mara, Ortt, Palumbo, Rhoads, Stec, Tedisco, Walczyk, Weber and Weik.
Ayes, 43. Nays, 19.
ACTING PRESIDENT COONEY:The bill is passed.
Senator Gianaris.
SENATOR GIANARIS:Thank you, Mr. President.
Let's move on next to Calendar 511, by Senator Myrie.
ACTING PRESIDENT COONEY:The Secretary will ring the bell.
The Secretary will read.
THE SECRETARY:Calendar Number 511, Senate Print 397, by Senator Myrie, an act to amend the General Business Law.
ACTING PRESIDENT COONEY:Senator Borrello, why do you rise?
SENATOR BORRELLO:Mr. President, will the sponsor yield for a question.
ACTING PRESIDENT COONEY:Will the sponsor yield?
SENATOR MYRIE:Yes.
ACTING PRESIDENT COONEY:The sponsor yields.
SENATOR BORRELLO:Through you, Mr. President. In the words of my favorite leprechaun, why are you trying to steal me Lucky Charms?
(Laughter.)
SENATOR MYRIE:Through you, Mr. President, I'm not quite sure how to answer that. But I will give back the time for the subsequent question.
SENATOR BORRELLO:Mr. President, will the sponsor continue to yield.
ACTING PRESIDENT COONEY:Will the sponsor yield?
SENATOR MYRIE:Yes.
ACTING PRESIDENT COONEY:The sponsor yields.
SENATOR BORRELLO:Well, I guess my question is, you know, Lucky Charms is a pretty high-sugar, very popular cereal. Some people would call this junk food. But is there actually a definition for what is considered junk food in this bill?
SENATOR MYRIE:Through you, Mr. President. What this bill does is clarify what can be characterized as false or misleading advertising, particularly when directed at children.
We know that one-third of New York children are obese or overweight. That number has grown over the past five years post-COVID. And we know that a significant source of that obesity and overweight is attributed to the consumption of processed foods.
What this bill does is align with the Federal Trade Commission's definitions of false and misleading advertising and gives courts and the Attorney General clarity on how to enforce that.
Notably, because Senator Borrello and I have made this an annual tradition in debating this, we have taken into consideration the characterization of natural foods, foods that are produced and that this state takes great pride in, but does outline, when these foods are targeted to children, that the court should take special attention and special consideration.
SENATOR BORRELLO:Mr. President, would the sponsor continue to yield.
ACTING PRESIDENT BAILEY:I materialized.
(Laughter.)
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR MYRIE:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR BORRELLO:So you're suggesting that in this bill that, you know, a targeted person, which is a child, is basically acting on behalf of themself, they would see an advertisement and then essentially be able to go out and have the resources to act on that advertisement and buy that food.
Is that -- I mean, you're basically saying that the child that would be impacted is essentially going to respond to that advertising and go buy that unhealthy food as a result, is that correct?
SENATOR MYRIE:Through you, Mr. President, not exactly.
So the research has told us that children are particularly susceptible to advertising. And the distinguishing factor here is the inability to determine what is fact or what is fiction. That is something that comes along with maturation. And what we have seen is that the advertising that is targeted to children blurs that line.
And it's not unusual in our laws to protect particularly vulnerable populations that may not be able to make that distinction. And so what we have done in this bill is simply to say if you are targeting children, that you are going to be under special consideration given this extra susceptibility that children have.
This is not to say that children have no agency or that they can go out and buy Lucky Charms at will. But we do know that they are a great source of wealth for food corporations. And the reason we know that is because they spend $14 billion a year targeting children. So if you are going to spend that amount of money, we should ensure that our children are being protected in that context. And that is the protection we're seeking in this bill.
SENATOR BORRELLO:Mr. President, will the sponsor continue to yield?
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR MYRIE:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR BORRELLO:You know, unlike when I was a child, I mean, you know, advertisements now are everywhere. They're on your phones, they're on your searches online. There's -- you know, we're New York State, but most of these ads originate from outside of New York State, I would imagine. How are we going to control that?
And who are we going to hold responsible if someone is, you know, producing an ad for something we've deemed to be false advertising and they are without -- they are beyond our jurisdiction here in New York State?
SENATOR MYRIE:Through you, Mr. President. This bill does not change what is currently the law in our General Business Law, that false advertising, false and misleading advertising is illegal and you can be held accountable in court for that.
What this does is give clarification on what false and misleading can be in the context of children. So for purposes of jurisdiction, it changes nothing about the jurisdiction that we currently have. It reaches the same entities that would be reached otherwise by our General Business Law. It simply gives more clarification and matches it to what the Federal Trade Commission examines.
SENATOR BORRELLO:Mr. President, will the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR MYRIE:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR BORRELLO:Well, if the Federal Trade Commission has been, you know, essentially acting in this manner already, I guess, number one, why do we need to do this?
But my real question is you're defining something as false and misleading advertising. I'll go back to my Lucky Charms example. He also said that they're magically delicious. Now, magically delicious, isn't that false advertising? They're not really magically delicious, right?
(Laughter.)
SENATOR MYRIE:Through you, Mr. President, that is precisely the point that we are making, that you may be able to make that determination -- I would hope -- that they are not magically delicious, but for some children that may not be as easy a distinction to make.
And as you also referenced, these advertisements aren't similar to what you and I went through when we were younger, just seeing it on television. Our children are being bombarded on their phones, on social media, and in some cases by influencers who don't disclose that this is an advertisement and are instead trying to portray that this is just something cool for them to do.
And so we are, at bottom, trying to protect our children to ensure that they are making the best choices possible, the most informed choices possible, and that corporations aren't making billions of dollars off of our children becoming more and more unhealthy.
SENATOR BORRELLO:Mr. President, will the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR MYRIE:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR BORRELLO:Okay. So magically delicious, that's no good, we can't do that. What about "Red Bull gives you wings"? I mean, I drank it; I've never sprouted wings. What about that, would that be considered false advertising?
SENATOR MYRIE:Through you, Mr. President. And I'm happy -- I know the hour is late, but I'm happy to go through all of the hypotheticals with you.
But the point remains that the determination that you can make is inherently different than the determination that a child can make. And you can run the hypotheticals through the factors outlined in this bill. We look at the subject matter, the visual content, the age of who's involved, the music or audio content.
These are factors for the court to examine. There's no one dispositive factor. All of them are taken into consideration and may include others. But that is the point. There needs to be some built-in flexibility because as you are alluding to, there are many examples that might require a different analysis.
SENATOR BORRELLO:Mr. President, on the bill.
ACTING PRESIDENT BAILEY:Senator Borrello on the bill.
SENATOR BORRELLO:First of all, Senator Myrie, thank you once again. This is like number five that we've done this together?
So, look, I make light of this because I want people to realize that we might have the best of intentions here in this chamber, but to impact and influence how children are, I guess, you know, drawn to certain things. But the reality is this is a personal choice that's made between I think the parents and their children.
For us to say that we are going to somehow eliminate advertising influences on children I think is, A, unrealistic, and B, is the unintended consequence of are we going to create the opportunity, in our very litigious society, for people to, you know, create lawsuits because Red Bull does indeed not give you wings. And maybe I understand that as an adult, but a child does not. So now somebody's got to pay. Lucky Charms are not magically delicious. I know that, but a child doesn't. Now somebody's got to pay.
(Inaudible.)
SENATOR BORRELLO:Yes, and this bill is not "GRRRREAT," either, so --
(Laughter.)
ACTING PRESIDENT BAILEY:That joke is out of order.
(Laughter.)
ACTING PRESIDENT BAILEY:Senator Borrello, continue.
SENATOR BORRELLO:We tried, Mr. President. Sorry, it's late.
So I think my point here is this. Do I think that children should be eating healthier foods? Absolutely. We should start, frankly, by changing our rules on what SNAP can be used on. Okay?
We provide millions and millions of dollars a year to families to feed their children, and we allow them to buy processed foods, high-sugar drinks, prepared foods -- the list goes on and on. You can use SNAP benefits at fast food joints. Shouldn't we stop that first? Wouldn't that be the best way to do it, considering we know how many millions of children are receiving SNAP benefits through their family?
We could fix that right away. Make sure that it's only healthy, nonprocessed, nonprepared foods that could be purchased with taxpayer-funded benefits. That's an idea that I could get behind.
But this, this isn't going to do it. So once again I'll be voting no, but I enjoy the engagement.
Thank you, Mr. President.
ACTING PRESIDENT BAILEY:Thank you, Senator Borrello.
Are there any other Senators wishing to be heard?
Seeing or hearing none, debate is closed. The Secretary will ring the bell.
Read the last section.
THE SECRETARY:Section 6. This act shall take effect on the 30th day after it shall have become a law.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Senator Myrie to explain his vote.
SENATOR MYRIE:Yes. And thank you, Senator Borrello, for our annual exchange on this bill.
I just wanted to make a quick clarifying point on commercial speech and the constitution and what is protected and what is not protected.
Just for the record, when the advertisement or the speech in the advertisement is what we legally call puffery or exaggeration, that is not false and misleading in and of itself. What this bill does is combine a couple of factors to say when it is targeted and may or may not have that language, you have to consider the factors in who the audience is and what the implications of what that audience may be. So I just wanted to get that on the record, and to be clear.
I of course will be voting in the affirmative. Thank you.
ACTING PRESIDENT BAILEY:Senator Myrie to be recorded in the affirmative.
Senator Krueger to explain her vote.
SENATOR KRUEGER:Thank you, Mr. President.
I have to say I love this bill because we know there's a direct correlation between what children get inundated with and then what they go and demand their parents buy for them, even if their parents can't afford it. Anyone who's had small children knows how persistent they can be until they get what they want.
So this bill is an opportunity to try to help discourage young children from being exposed to this onslaught of advertising. Because, yeah, Lucky Charms are not magically delicious, and pretty much none of the other breakfast cereals are either.
Now, as far as saying you should limit what low-income people can buy with government benefits, here's the facts. Because low-income people get so little money, they actually eat much more healthily than middle-income and upper-income kids, because they can really afford all that junk food.
So again, the assignment needs to be helping educate kids not to want this stuff in the first place.
I vote yes. Thank you.
ACTING PRESIDENT BAILEY:Senator Krueger to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar 511, voting in the negative are Senators Borrello, Chan, Gallivan, Griffo, Helming, Lanza, Oberacker, O'Mara, Ortt, Rhoads, Stec, Tedisco, Walczyk and Weik.
Ayes, 48. Nays, 14.
ACTING PRESIDENT BAILEY:The bill is passed.
Senator Gianaris.
SENATOR GIANARIS:Mr. President, next up is Calendar 634, and thereafter let's just go in number order.
ACTING PRESIDENT BAILEY:The Secretary will ring the bell.
The Secretary will read.
THE SECRETARY:Calendar Number 634, Senate Print 2433A, by Senator Krueger, an act to amend the Real Property Law.
ACTING PRESIDENT BAILEY:Senator Martins, why do you rise?
SENATOR MARTINS:Mr. President, if the sponsor would yield for a few questions.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR KRUEGER:Through you, Mr. President, I would like to actually go on the bill first and then be happy to yield to questions, if that's okay.
ACTING PRESIDENT BAILEY:Do you consent?
SENATOR MARTINS:(Inaudible.)
ACTING PRESIDENT BAILEY:Senator Krueger on the bill, then she yields.
SENATOR KRUEGER:Thank you. We're trying a little theory to shorten the debates tonight because there's so many of them. So I thought if I ask the question and answer it for you, it might save us all some time.
(Laughter.)
SENATOR KRUEGER:So no, this bill does not only help rich people. This is not a population who needs protection. Actually, over 50 percent of the ground-lease co-ops are in the boroughs of Queens, Brooklyn and the Bronx, and some in Westchester. Census data shows the majority of ground-lease co-op units are in locations falling slightly under the median income. And so the rich people who are entrenching intergenerational wealth at the expense of housing stability and affordability are the wealthy ground owners, many of whom don't live in New York.
Does this interfere with existing contracts? No, it doesn't. Because the bill doesn't change any material terms of a lease.
Is forcing ground owners to provide leases under rent stabilization unfair and radical? Actually, that's already the existing law. This simply clarifies that if there is a deconversion of a building with more than six units built before 1974, it would return to rent stabilization.
So it's not changing the contract, it's what do we do if the owner of the ground lease charges such a high new rent cost that the building defaults and the owners of those co-ops, of which there are about 12,000 units, 30,000 people, they already would lose their equity in the apartments, but it would allow them to actually stay there at a rent-regulated price.
Does this create an unfair windfall for co-op shareholders? No, just the opposite. They would lose their equity in the co-ops they have purchased and they have been living in, sometimes for decades, but at least it would make sure that these 30,000 people didn't end up with no place to live.
Does it violate a New York Court of Appeals decision in 2019 that you can't apply the law retroactively, and this is some type of illegal retroactive change in law? No, because that case was an overcharge case that totally applies -- that's totally apples versus oranges, the Regina case, and it dealt with damages to landlords. And so there's no retroactive damages to landlords in this bill.
And why would the Legislature need to set who sets the first rent if the building goes from co-op to rent-regulated apartment? Well, someone has to do it. So there's a model within this bill. But DHCR, the state housing agency, can also choose to do it.
I have a lot more answers, but I think I'll stop there and let my colleague ask me more questions. Thank you.
ACTING PRESIDENT BAILEY:Senator Krueger yields to you, Senator Martins.
SENATOR MARTINS:Thank you. Thank you. You know, Mr. President, I want to thank the sponsor for taking the time to write questions and answer them for all of us in advance. But unfortunately, there are very few of my questions that are included in those that you wrote.
So we'll start with a few, if you don't mind. Mr. President, if the sponsor will yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR KRUEGER:I will.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR MARTINS:Thank you.
So as I understand it, this bill would address a situation where you have a property owner, in some instances decades ago, 40, 50, 60 years ago, who made a deal with a developer to put up a building on terms that they agreed on. Would you agree?
SENATOR KRUEGER:Yes.
SENATOR MARTINS:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR KRUEGER:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR MARTINS:And so over -- according to that agreement, there was a term within which that property would pay a certain amount to the property owner. And like I said, probably decades into the future, 40, 50, 60 years are not unusual. Would you agree to that?
SENATOR KRUEGER:Yes.
SENATOR MARTINS:Thank you.
Through you, Mr. President, if the sponsor would yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR KRUEGER:Many have a 99-year period. Through you, Mr. President.
ACTING PRESIDENT BAILEY:That was in response to your prior question.
Senator Krueger, will you yield?
SENATOR KRUEGER:Absolutely.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR MARTINS:Thank you, Mr. President. A long time -- 50 years, 99 years, however it may be. But it's all part of an agreement where the developer, subsequently the at co-op, agreed to make certain payments through a date certain, at which point they knew that they would be returning the property to the developer landowner -- excuse me, to the landowner. My apologies, Senator.
Is that right?
SENATOR KRUEGER:Through you, Mr. President. I'm not sure if the understanding was that they would return the property, because I think most times when people build a building on land they don't imagine they'll be asked to move the building off at a future date.
So I think there was an assumption that there would continue to be future negotiations on what the underlying lease value was.
But I think most people who bought into these co-ops and the people who built the buildings didn't imagine the storyline where one day somebody would say, Take your building and get out.
SENATOR MARTINS:Thank you, Senator.
Mr. President, through you, if the sponsor would continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR KRUEGER:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR MARTINS:So that was the agreement. At some point between these two parties, they agreed that one of them who had land would allow the other one to build something on it for a period of time -- with the unspoken reality, but otherwise reality, that at some point that building would either have to renegotiate the terms or would have to literally leave. Isn't that right?
SENATOR KRUEGER:Through you, Mr. President. Certainly the former, that there would be negotiations over increasing lease costs over time. And we have seen that over and over again on many of these parcels of land.
But the concept that now, for the first time ever, we're hearing various landowners saying, We would just like you to leave so that we can have the land back, and we'll keep that building too, because it's on it, because you obviously can't take it. And if we claim it back, you have no equity rights or protection in any part of the buildings on the land.
SENATOR MARTINS:Mr. President, through you, if the sponsor would continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR KRUEGER:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR MARTINS:Are you familiar with the term "land-lease apartment"? Land-lease apartment. Are these co-ops or these apartments, are they typically --
SENATOR KRUEGER:These are co-op --
SENATOR MARTINS:-- referred to as land-lease apartments?
SENATOR KRUEGER:Land-lease co-ops, yes.
SENATOR MARTINS:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR KRUEGER:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR MARTINS:Have you had the opportunity to look at the cost of purchasing one of these land-lease co-ops, as compared to a market-rate co-op, to see if there is in fact a difference in the cost to acquire one as opposed to the other?
SENATOR KRUEGER:Through you, Mr. President. The prices have varied obviously through history and through the geography of where they're located. But yes, the base price today on most of these buildings I believe is lower cost per unit than other new co-ops going up. But the maintenance costs are often radically higher.
So actually it's very difficult to sell and leave, because the maintenance costs have gone so high because of the growing land-lease costs, that the economics of it are actually problematic. At least in Manhattan, where I know the buildings very specifically.
SENATOR MARTINS:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR KRUEGER:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR MARTINS:You anticipated my next question.
So do we have similar land-lease co-op buildings in your district in Manhattan?
SENATOR KRUEGER:Through you, Mr. President. We have approximately 12,000 identified units -- Queens, Brooklyn, Bronx, Manhattan, Westchester. The largest number of these units are in Brooklyn, Queens, Bronx. But I can give you the numbers for each borough.
SENATOR MARTINS:No, I was -- through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT BAILEY:Certainly. Will the sponsor yield?
SENATOR KRUEGER:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR MARTINS:I was just asking about your particular district in Manhattan, whether or not there were buildings that would qualify under this legislation.
SENATOR KRUEGER:Yes, I do.
SENATOR MARTINS:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR KRUEGER:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR MARTINS:Did any one of those buildings reach out to you and ask you to sponsor this legislation?
SENATOR KRUEGER:In the whole coalition of buildings that came together, the Ground-Lease Co-Op Coalition. And they definitely reached out to me. They reached out to other legislators. Linda Rosenthal's carrying it in the Assembly. So yes.
SENATOR MARTINS:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR KRUEGER:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR MARTINS:Are any of these buildings coming off leases in your district where it would impact residents in your district currently?
SENATOR KRUEGER:Are any of them coming off where the -- just finish the last word one more time.
SENATOR MARTINS:Where it would impact residents of your district currently.
SENATOR KRUEGER:Yes. Actually, many of these buildings are getting close enough to the deadline for negotiating leases that they find themselves in situations where they can't even go for mortgage -- new mortgages or continuation of mortgages because banks don't want to give you mortgages unless you can show that you're going to actually have control of that property within, what -- for at least 40 years? I think 35 to 40 years.
So many, many of these buildings, because of when they were built, are now at the point where they're within a three-year or up to 20-year, I think, time frame, and so they cannot get refinancings. So the costs keep going up, because they're getting older as buildings. They can't go back to the banks and get ability to borrow for required repairs and capital improvements. That's why we address that in this bill as well.
So yes, buildings in my district, buildings in the other boroughs.
SENATOR MARTINS:Thank you, Mr. President. Through you, if the sponsor would continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR KRUEGER:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR MARTINS:Is it unusual for a tenant, someone who doesn't own property, to come to the end of a term and have to vacate the property on the terms of their lease?
SENATOR KRUEGER:These are not tenants in a rental situation. These are cooperative owners. So I don't think there's a tenancy equivalent.
SENATOR MARTINS:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR KRUEGER:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR MARTINS:Thank you.
So the original deal, whether it's 99 years ago, whether it's 50 years ago -- the original deal was one where a property owner, landowner leased the property for someone else to put a building on, and they received rent over a period of time. And I understand that there's also a component where you have co-ops in the building, each of the individual apartments that are contributing to paying a portion of the land lease and obviously the maintenance and operation of the building itself.
So there are two components here of leasing, would you agree?
SENATOR KRUEGER:Yes. Yes.
SENATOR MARTINS:Okay. So through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR KRUEGER:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR MARTINS:So my question was at the end of the land lease, there was an agreement they would lease the land for a period of time we've already discussed -- it could be 50 years, it could be 99 years. But there comes a point where that lease ends and they knew all along, whoever purchased a piece of property or a co-op in that unit, that they would eventually have to give it back. It's clear on all of the documents that have to do with that co-op.
So isn't there a point where a lease ends where the person has to hand back a property or renegotiate the lease? Isn't that what we're dealing with here?
SENATOR KRUEGER:Well, that's what we were trying to deal with, ensuring a renegotiation on the property.
And as far as giving it back, again, I think it's a bit more parallel to the law we addressed in this legislative body a few years ago about premanufactured homes being on property that they do not own. They're called -- what are they called? They're all over upstate. Trailer parks. But there's a nicer name for them nowadays, I apologize. Manufactured home parks? Manufactured home parks. I'm checking with my upstate colleague.
And so there was the issue that people bought these manufactured homes, which really can't be moved, but they didn't own the land, they were renting the land underneath, and then suddenly the developer decides they're going to go and sell this land. And so the people were losing their homes, any equity value in their homes, and had nowhere to go.
And this Legislature said that's bad public policy. We have huge numbers of disproportionately seniors living in these manufactured home parks all over the State of New York, losing the equity they have in their manufactured home with nothing to do about it. So we changed the law.
And that's to some degree the exact parallel model for this law. We want to protect those 30,000 people in those 12,000 units from losing their homes because it's good public policy to protect them.
SENATOR MARTINS:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR KRUEGER:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR MARTINS:Thank you, Mr. President.
Homes that they never owned, that they were leasing, and that the lease ran out.
And so from a public policy standpoint, I'll ask since they didn't own the homes and they knew when they purchased their interest in the co-op that they did not own the homes and they were buying a limited period of time within that building -- they knew that when they bought it -- what is the public policy of this state, and how is it fostered by us interfering in what is a private transaction and interfering in a contract?
SENATOR KRUEGER:So I don't think most people thought they weren't buying their apartment. It's called a co-op. They were going through legal paperwork that said they were becoming share owners in the -- I have a co-op. I live in a co-op. I actually think I bought it. And I have shares, right, in the corporation.
I don't happen to have a land-lease co-op. I'm not sure I would advise anyone to go that direction. But they didn't think that there was going to be a day where the underlying landowner would come along and say, We don't even want to continue with you, we'd like to keep the building, it's worth something, you guys, get out. You have no equity rights here.
And that's what we're trying to address. So we're not trying to, by the way, take it from the landlords. We're, one, asking them to agree to make some adjustments so that the building co-op owners on their land can borrow for required repairs and capital improvements.
We're asking them to offer right of first refusal if they decide they do want to sell the land so that, if possible, the people who own and have the equity in the actual building can try to buy the land from them. But it might be way too expensive, particularly with today's market prices.
And third, if that can't be possible, to clarify what already exists in the law that they should -- unfortunately, they would lose their equity ownership, the value of their units, but they would shift into being rent-regulated tenants in that building.
SENATOR MARTINS:Thank you, Mr. President. Through you, if the sponsor would continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR KRUEGER:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR MARTINS:Senator, you keep using the word "equity ownership interest" in the co-op. But I think you and I have already agreed that they didn't have an ownership interest in that property. They were renting the co-op for as long as the land lease is in place. So they didn't give anything up, because they never had it to begin with. Isn't that right?
SENATOR KRUEGER:Again, I don't have any of the paperwork of any individual deals. But my understanding, it was the developer went into a lease agreement with the landowner. The developer built the building. And the developer sold that off as a co-op building with equity shares in those apartments, like most other co-op arrangements.
SENATOR MARTINS:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR KRUEGER:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR MARTINS:So if I understand, there's a portion of the bill that would require that the units in the co-op at the end of the land lease would be subject to rent stabilization. Is that right?
SENATOR KRUEGER:Yes.
SENATOR MARTINS:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR KRUEGER:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR MARTINS:Thank you. Is there any means-testing required with regard to a rent-stabilization affordability?
You know, we're going to use the laws of the state that were meant to provide affordable housing for people who would qualify for it and had certain tests with regard to their income. Are we going to make these units available for people who qualify and earn less than a certain amount? Or are we just going to make it available to whoever happens to have been able to pay for this unit regardless of how much money they have and how much money they earn?
SENATOR KRUEGER:Through you, Mr. President. While I personally might have liked the idea that we lived in a world where rent regulation or rent stabilization was based on means testing, it is not. For anyone. There is no means testing.
There is a rent-regulation system that over a million apartments in New York City operate under. And this would put those units into that system. Somebody would set a base rent, likely the court or the state housing agency, and then all the standard rules of rent regulation would apply.
SENATOR MARTINS:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR KRUEGER:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR MARTINS:So in certain communities -- and I understand there are land leases in different boroughs in New York City. But when we're talking about some of the most affluent communities in the City of New York and people are being, I guess through this bill, provided an opportunity not only to stay in those apartments but to stay there at below market rate, we're talking about affluent people living in some of the richest areas perhaps in the world, but certainly in New York City, now being told that they're going to live there at below-market rates, which doesn't provide affordability to anyone other than a rich person being able to stay inside an apartment.
Isn't that what this bill does?
SENATOR KRUEGER:Through you, Mr. President, there are buildings that are in my district. My district is a high-cost district. Those buildings are filled with people some of whom have lived there for 40 and 50 years, many of whom are older New Yorkers who are now on fixed incomes. All these people invested equity money in what they believed, even if they weren't right, was a co-op that they would be owning and could resell.
Under this storyline, they lose that equity value they have. Okay? They're not winning, they're losing. Because they're losing their equity value in the units.
But we are hoping that they are going to be able to stay in their homes if there is a rent-regulation arrangement, which the law already established in 1974. It's just that nobody has tried to use it because this issue is new because the people who are really trying to make enormous money on this storyline are the owners of the land, the vast majority of whom don't even live in New York State, who have been making disproportionate increased money on this land for decades and decades.
We're just trying to continue to make sure we have stable housing for this group of people, the vast majority of whom we would call middle-income and, in some cases and neighborhoods, low-income people. We don't want them to lose their homes.
SENATOR MARTINS:Thank you, Mr. President. And thank you, Senator Krueger.
On the bill.
ACTING PRESIDENT BAILEY:Senator Martins on the bill.
SENATOR MARTINS:You know, two sophisticated groups reach an agreement and make a deal. In this case, very sophisticated people, so much so that they actually came up with a construct that allows for the building of an entire co-op building, dozens if not hundreds of units, on land they don't own.
And now, when it runs its course, after decades up to 99 years, somehow there's a state interest in intervening to make sure that very affluent people who knew what they were buying, who got the benefit of the bargain by investing at much lower rates than market rate.
Where is the state interest in interfering with the contract? Frankly, it's unconstitutional. We've been down this road before. It's clearly unconstitutional. And yet here we are again, as a state, being asked to create winners and losers.
The idea that we have people who live in these apartments who don't know that they were buying an interest in a co-op that was built on a land lease frankly is unfortunate. Because there is no way that anyone is going to buy a unit and not know, either through a title search or through a closing or through their attorneys or basically through the purchase price itself.
Because two units side by side, two buildings next door to each other, one is market rate, the other one is one of these land-lease co-ops, the land lease co-op was sold -- you can go look -- for up to 30 to 50 percent less. So they got the benefit of buying it.
You know why they can't finance it? Because no bank's going to finance it if you only have less than 20 or 25 years left. So you're paying 50 cents on the dollar to live where you want to live.
And then when the money comes due because the deal you cut comes due, rather than getting the benefit of the bargain and moving on, you come to the New York State Legislature and ask to pass a law because someone else is greedy. Someone else is greedy. Not the people who are living there, not the people who got the benefit of paying less. No, we're going to pass a law, we're going to interfere with another contract because someone believes it's not fair.
When are we going to start legislating based on people being sophisticated, making a deal, understanding the consequences and having the benefit of the bargain they made?
There are stories out there, we can refer to them. It's clear, a simple Google search for anybody who wants to, what these values are. So I get it, I understand. I think we all do. People are in a position where they don't want to be -- they don't want to have to pay more than they did.
But the people who are going to benefit, the person who paid 50 cents on the dollars to live there, is now not only going to have the benefit of having paid less, they're now going to have the benefit of living in a rent-subsidized apartment at below standard rates. Because that's the next natural consequence.
Now, from a public policy standpoint, I challenge everyone here -- we've all talked about affordability and affordable housing and the crisis we live in here in New York when it comes to affordability. I've got kids living in New York City who can't afford an apartment, they have to double up or triple up with their friends, they're out of college and they have to pay thousands of dollars a month to live in an apartment.
And yet we're going to, without means testing, allow people who live in some of the most affluent areas in the city certainly, the opportunity to live in rent-stabilized apartments at below-market rates. Think about that for a second. We're going to use the authority here, we're going to pass a law that says rich people are going to live at below-market rates, and then we're going to actually allow them to pay less for the apartment, stay there, not have the bargain that they bargained for, and then reward them on top of it by making sure they stay there at below-market rates.
We're not going to make those apartments means-tested so that people like our children and our constituents who are looking to live in New York City, work a job in New York City, so that if they're making less than median income, have a place to live -- no, we're going to allow the people who are there -- we're just going to give them a gift. How does this make sense, and why would we do this?
Now, if you wanted to tell me we were going to do this so that we can increase the number of affordable units that were in New York City, we'd have a discussion. If we were actually going to prioritize means testing it so that people who had less could perhaps still afford to live in New York City, we'd have a discussion.
But that's not what we're doing here. We're creating winners and losers. And again, for whom? Where is the state interest? Why are we passing a law for this? Why are we interfering in contracts that were entered into at arm's length -- which again, I believe is unconstitutional. I know it's unconstitutional.
And when these building owners get around to suing as a result of this unconstitutional law -- if it passes, because I still have hope that you'll all be convinced to follow my lead and vote against this bill. But when they sue because it is unconstitutional, we'll be right back.
So it's a bad idea, Mr. President. I think, you know, clearly creating winners and losers through legislation and interfering in contracts is not something we should do. It's something we've been warned about in the past. And I strongly urge my colleagues to look at what that really is.
These aren't apartments in the poorest areas of the city. That's not what we're dealing with here. We're dealing with a group who actually hired lobbyists, a coalition, to come up here and change laws.
Let's understand what it is. Let's treat it accordingly.
Mr. President, I'll be voting no.
ACTING PRESIDENT BAILEY:Thank you, Senator Martins.
Senator --
(Inaudible exchange.)
SENATOR KRUEGER:I'd like to respond to my colleague. First off --
ACTING PRESIDENT BAILEY:Senator Krueger on the bill.
SENATOR KRUEGER:Thank you.
There's nothing -- there's nothing in this bill that says the rent regulation will be below market rate. Many of us who live in a world of rent regulation know that very often the rent-regulated levels of rent are pretty much exactly what market rate is. We've even created programs in this state -- 421-a, for example -- where you can get more than market rate under what we call affordable housing.
We're not doing any of that now. We're just talking about if you lose your equity -- that's real money you paid in for that unit -- that you can be at a rent-regulated standard. Not necessarily less than your neighbors, not even less than market rate. That will be determined by DHCR in a court process.
As to whether these buildings would suddenly become available to lower-income people, since the whole issue here is the underlying landowners asking for ridiculous sums of money as rents -- on the rent on the land, they're certainly not going to throw these people out and tear those buildings down and turn it into affordable housing. With all due respect, just the opposite.
So the result will be even more luxury housing in certain areas of the city -- probably my district, where nobody ever seems to want to put in affordable housing -- and a loss to the middle-income people and the older people who put their life savings into these units and will lose their buildings. So don't get confused.
Now, could a court strike it down as unconstitutional? I don't know. I've been here 23 years. I've watched real estate attempt to get things shot down as unconstitutional. If they win in court, obviously this is all moot. But it seems an awful lot of the time they aren't winning in court because we are doing what we're supposed to be doing to try to protect people in their homes who have invested and invested their lives and their time in communities. And that's all I'm asking for people to do here.
And now I'm happy to take more questions and not speak on the bill a third time.
ACTING PRESIDENT BAILEY:Thank you, Senator Krueger.
Senator Palumbo, why do you rise?
SENATOR PALUMBO:Thank you, Mr. President. Would the sponsor yield for a few questions, please?
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR KRUEGER:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR PALUMBO:Thank you, Senator Krueger. And I saw some of your colleagues wavering, that Senator Martins almost got them to vote no, so I'm going to drive it home and maybe we'll defeat this bad boy.
(Scattered laughter.)
SENATOR PALUMBO:But so, Senator, regarding the retroactivity. And I think there were some comments made in the last debate questions with Senator Martins about you don't believe that it has a retroactive effect, and you were discussing that Regina case that the Court of Appeals decided, saying that the prior -- a similar-type provision regarding overcharges had retroactive effect.
So in that regard, you indicated earlier that it was 1974 that the rent regulations came into effect, when they were created. Isn't it also true, though, that some of these contracts, as we indicated, can be 99 years. They were -- the ground leases were executed prior to 1974. Is that fair to say?
SENATOR KRUEGER:Through you, Mr. President, I don't know the dates of any specific land leases. So I -- it's possible.
SENATOR PALUMBO:Thank you.
Will the sponsor yield?
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR KRUEGER:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR PALUMBO:Thank you.
And in that regard, I think it's only been about 20 years where landlords are required to keep records of prior rents as well. Is that accurate?
SENATOR KRUEGER:Twenty years? No, I think it's longer.
SENATOR PALUMBO:Twentyish. Do you know? I mean, if you could please correct me.
SENATOR KRUEGER:No, I think the DHCR records go back farther than that, actually. They might be on paper somewhere in a warehouse. But I think they go back further.
SENATOR PALUMBO:Will the sponsor yield?
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR KRUEGER:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR PALUMBO:To that point, Senator -- through you, Mr. President -- there are certainly -- the likelihood of some of these ground leases, though, that were executed prior to the provisions requiring rent records to be maintained -- similar to the first question I just asked you, that prior to rent regulation and prior to the requirement to maintain those records, because some of them are so old.
SENATOR KRUEGER:Through you, Mr. President. I just want to clarify.
These were not rent buildings prior, so there wouldn't have been rent records. These were empty pieces of land that cooperative apartment buildings were built on. So I don't know what the back rent question might be, so just want to make sure I'm understanding the questioner.
SENATOR PALUMBO:Sure. Will the sponsor yield?
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR KRUEGER:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR PALUMBO:Well -- so, Senator, if I could direct you to -- I believe it's page 4, Section 3 of the bill, right above the severability clause, which is Section 4. "Pursuant to subdivision 2 of 233-c of the Real Property Law the initial rent shall be the most recent legal regulated rent for the housing accommodation adjusted by all lawful annual guideline amounts for one-year leases established by the Rent Guidelines Board that would have been permitted had the housing accommodation been continuously subject to this law, but if the documentation necessary to reliably identify the most recent legal regulated rent for the housing accommodation is not available or is inappropriate, such initial amount shall be determined by" DHCR.
So directing you to that section, that's really -- I'm just trying to get some clarification. Maybe you can explain it a little bit regarding what the obligations are.
And my question is that I believe that many of these leases were executed prior to the requirement to maintain those rent records, if in fact they were previously rent-regulated.
Does that make sense?
SENATOR KRUEGER:Through you, Mr. President. Again, the leases may -- the underlying ground lease may in fact be from pre-1974, but these buildings were never rental buildings so there is no rent history on these buildings.
SENATOR PALUMBO:Would the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR KRUEGER:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR PALUMBO:So then the adequate rent would be decided by DHCR?
SENATOR KRUEGER:That is my understanding, yes.
SENATOR PALUMBO:Thank you. Will the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR KRUEGER:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR PALUMBO:And just one other area that I'd like to inquire. I want to keep this moving because the hour is late.
You indicated that the owner of the co-op share -- just so our colleagues understand, there's a ground lease that they lease from, of course, the landowner. However, they own a -- there's a cooperative corporation that owns the building, and the people actually purchase a share to occupy their apartment. Is that accurate?
SENATOR KRUEGER:Correct.
SENATOR PALUMBO:Will the sponsor yield?
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR KRUEGER:Through you, yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR PALUMBO:So upon deregulation with this bill, you said they lose their equity, meaning they no longer will have an opportunity to sell their cooperative share on the free market, but in exchange they get a good lease, or a lease that must be -- that's rent-regulated that must be offered to them. Is that accurate?
SENATOR KRUEGER:Correct.
SENATOR PALUMBO:Will the sponsor yield?
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR KRUEGER:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR PALUMBO:So there's another aspect of our Constitution, Mr. President, called the "takings clause," where when you enact legislation and you take something from someone, which also is a retroactive, because some of these apartments -- and I have just a couple of examples. At 50 Gramercy Park North, it has 23 full-service apartments, with housekeeping, room service, spa services, pet walking, fresh flower services. They sell for $9 million.
At 995 Fifth Avenue, Stanhope, which is one of these ground-lease buildings, the penthouse apartment is 7,000 square feet, 11-room units with five terraces, listed for $50 million.
So in that regard, Senator, can you tell me how this legislation does not flagrantly violate the takings clause when that person who is currently living in a $50 million co-op suddenly gets the tremendous benefit of paying rent to live there instead of owning a $50 million apartment?
SENATOR KRUEGER:Through you, Mr. President. I don't know of any of those specific examples. I can just tell you that the averages are in a radically different price range and size range.
SENATOR PALUMBO:Will the sponsor yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR KRUEGER:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR PALUMBO:Thank you, Senator. I mean, that's kind of a glaring example. And I know that you even mentioned before we started any questioning today on this bill that, you know -- that you had argued that it was constitutional and it doesn't only benefit very, very wealthy people.
So even if it's $10,000 that they're losing -- it could be 10,000, it could be 10 million -- this bill in its current form would require of each of those individual cooperative-share owners to lose the value of that share upon deregulation. Isn't that accurate?
SENATOR KRUEGER:In the examples given, I actually assume that the cooperative owners, if they in fact build apartments of that value, would just buy out the land lease and would never fall into this situation.
SENATOR PALUMBO:I'm sorry, would you repeat that last part?
SENATOR KRUEGER:When you're talking about a small building with enormously wealthy expensive apartments, I think they would just buy out the land lease and would never be in this situation. So I don't think this really would apply to them.
They would make the economic decision not to lose the equity value in their apartments and buy out the land lease.
SENATOR PALUMBO:Will the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR KRUEGER:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR PALUMBO:Well, in that example, Senator, then you're now talking about very high value property. They may not be in a position to purchase that ground lease at market value. So they're either going to be deregulated, or now you're forcing their hand to now engage -- even though they have a contract that existed long before this legislation, and in fact maybe for a hundred years, with an option to renew where the parties, as mentioned by my colleague earlier, are at an arm's-length position when they enter into it because they are actually undervalued a little bit because they're encumbered by a ground lease -- you're now forcing those people and you're rewriting that contract so that they either have to buy it out or are subject to the loss of either a little, a lot, or tremendous equity.
And those are my significant concerns.
SENATOR KRUEGER:I don't think that was a question, so I'm not going to answer.
ACTING PRESIDENT BAILEY:Senator Palumbo, could you rephrase that in the form of a question?
SENATOR PALUMBO:I guess -- would you agree?
SENATOR KRUEGER:I would agree that there are various scenarios allowed for in this legislation. Right? Ensuring that the equity apartment co-op owners now have the ability to go to a bank and refinance their mortgage and maintenance so that hopefully they can pay the costs that are being demanded from them, Option A.
Option B, the possibility of having first refusal if the landowner decides it's in his or her interest to sell the land.
And again, in the examples you just gave where a unit is worth $50 million, I'd say, if I was that owner, I would want to make sure I didn't lose my $50 million equity and I would work with my cooperative apartment colleagues to buy the underlying piece of land.
And then, third, only if those things don't happen and the landowner says, Nope, I just want you out, I'm not agreeing to anything, I'm not selling to you, that then that would be the scenario where they would take over the building and have the equity value for the long term. But if you are living there, you would have rent-regulated status for the time you are there.
SENATOR PALUMBO:Thank you, Senator.
On the bill, please, Mr. President.
ACTING PRESIDENT BAILEY:Senator Palumbo on the bill.
SENATOR PALUMBO:And thank you, Senator Krueger. I appreciate your passion for this issue. I understand what you're trying to achieve here.
But, you know, I have -- in my district I have many folks who are seniors who bought, out on the East End of Long Island, a little fishing cottage, a block or on a beach block from the ocean for pennies 45 years ago. And now that little tiny beach cottage is worth $3 million. So we have concerns about being reassessed for property tax values. They're not people of means, they just happened to get lucky.
We can have a situation just like that there where you have folks who cannot afford -- an 80-year-old single senior will not have any money to purchase the ground lease in this circumstance upon deregulation. So they're going to have to lose that equity. And great, they get a rent-regulated apartment, but they have lost a significant amount of equity and value, in violation of the takings clause.
And one last quick comment. Senator Krueger made an analogy to the manufactured mobile homes. I have several in my district. And it's actually -- I would say -- I won't even say I would agree with this, but with manufactured mobile homes, I think it's 223 or 233 of the Real Property Law, is very strict regulations. They must offer renewals every year. They must have reasonable increases. They can't be significant. That would be the way to deal with this. Just treat it like a manufactured mobile home.
If we think that there's a concern than ground lease owners are gouging those cooperative tenants, then just simply regulate that. Again, I'm not saying I would agree with it.
But this is so drastic and so unconstitutional, unfortunately I have to vote no. And I can see a few others I may have brought along with us. So hopefully, Mr. President, they'll follow my lead.
I vote no. Thank you.
ACTING PRESIDENT BAILEY:Thank you, Senator Palumbo.
Are there any other Senators wishing to be heard?
Seeing and hearing none, debate is closed. The Secretary will ring the bell.
Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Senator Stavisky to explain her vote.
SENATOR STAVISKY:Thank you, Mr. President.
Let me dispel a couple of myths that I heard from several of my colleagues on the other side of the aisle. Not all ground leases are held by rich co-ops. We have several in Queens with ground leases. Three of them are in my Senate district. They are very definitely not rich. They are middle-class people struggling to keep the co-ops alive.
Secondly, I heard somebody say that this was unconstitutional. A year ago we did legislation for three of the co-ops who were having trouble negotiating the renewal of their ground lease because they were built right after the Second World War and they had 99-year leases, and their shareholders were having difficulty selling their co-ops because new buyers could not afford the 25-year mortgage that Fannie Mae and others were offering.
There are other co-ops in Queens I know with ground leases, and they are not wealthy co-ops. They're struggling. And we have to do more for people who live in co-ops because they are part of the community also.
So, Mr. President, I thank Senator Krueger for this bill, and I vote aye.
ACTING PRESIDENT BAILEY:Senator Stavisky to be recorded in the affirmative.
Announce the results. Sorry about that. Pardon me.
(Pause.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 634, voting in the negative are Senators Ashby, Borrello, Bynoe, Canzoneri-Fitzpatrick, Chan, Gallivan, Griffo, Helming, Hinchey, Lanza, Martinez, Martins, Mattera, Oberacker, O'Mara, Ortt, Palumbo, Rhoads, Rolison, C. Ryan, S. Ryan, Skoufis, Stec, Tedisco, Walczyk, Weber, Weik and Sutton.
Ayes, 34. Nays, 28.
ACTING PRESIDENT BAILEY:The bill is passed.
The Secretary will read.
THE SECRETARY:Calendar Number 1411, Senate Print 5597, by Senator May, an act to amend the General Business Law.
ACTING PRESIDENT BAILEY:Senator Borrello, I haven't seen you in a while. Why do you rise?
(Laughter.)
SENATOR BORRELLO:Would the sponsor yield for a question.
ACTING PRESIDENT BAILEY:Senator May, do you yield?
SENATOR MAY:I do.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR BORRELLO:Through you, Mr. President. Have you ever been in one of those big, big snowplows like you see on the Thruway? Have you ever like driven one or been in one?
SENATOR MAY:I never have, no.
SENATOR BORRELLO:Mr. President, will the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR MAY:I will.
ACTING PRESIDENT BAILEY:The Senator yields.
SENATOR BORRELLO:Well, you're really missing out because it's a lot of fun. You know, these things are out there pushing all this snow in these, you know, horrible conditions.
But my point is when you are in a complex piece of commercial equipment like that, it is not something that rolls off the factory assembly-line like that. They start with a truck and they might add modifications -- the plows, all the equipment, the lights. In some cases it's three, four, five, 10 different vendors.
And I understand the purpose of this law is to take the Lemon Law -- which works well for passenger vehicles with, you know, something that rolls off the assembly-line and is sold. But how do you expect something like this to apply to a vehicle that has been modified, in some cases by more than a dozen different manufacturers? Who can be responsible?
SENATOR MAY:Through you, Mr. President. This bill doesn't affect warranty law in the sense of the laws that exist, both federal and state level, against what are known as unreasonable modifications. Which would be anything that would change the way the actual inner workings of the vehicle operate.
So if modifications have been made that don't conform to that, that wouldn't be grounds for like recall of the vehicle because of the Lemon Law.
SENATOR BORRELLO:Mr. President, will the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR MAY:I would.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR BORRELLO:So when someone makes a modification to a vehicle for a commercial purpose, that wouldn't be unreasonable, right? So you still now have to say the manufacturer of the truck, the four wheels, the drive train, the chassis, is now going to be responsible if that, you know, snowplow malfunctions, which they didn't install and aren't warrantying. Wouldn't that be the case with this bill?
SENATOR MAY:Through you, Mr. President. This has to do with anything that doesn't conform to the warranty -- a nonconformity, a defect, or a condition that doesn't conform to the warranty. Meaning whatever the vehicle was that the manufacturer sold or the dealer sold, that part of it, if it is defective, can then -- then the purchaser can either return it or have it be repaired by the --
SENATOR BORRELLO:Mr. President, will the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR MAY:I would.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR BORRELLO:Again, with a regular passenger vehicle we know what the limits are. We know there's a warranty and we know that when something isn't right, under the Lemon Law you take it back to the dealer, the dealer fixes it, and if they can't fix it, they have to give you a reasonable compensation, including a new car.
But what happens with this vehicle that was purchased and modified? How do we prove that the modifications that were made, whether it be by a third party or by the --
ACTING PRESIDENT BAILEY:Senator Borrello, one second.
Excuse me. I know the hour is late, but if we could have some order in the chamber, please, I'd appreciate it. Thank you.
Senator Borrello, please continue.
SENATOR BORRELLO:Thank you, Mr. President.
How do we know, how are we supposed to determine that it is indeed something that the manufacturer should be responsible for?
SENATOR MAY:Through you, Mr. President. So you can modify a passenger vehicle -- you can put new lights on it, you can put a trailer hitch on it, there are all kinds of things you can do it that don't void the warranty.
This applies specifically to the parts of the vehicle that were sold under that warranty.
I do think if you're adding a bucket or a snowplow or something like that that might cause the whole vehicle to function differently, that that would be up for question in this process. But in general, if you're sold a defective vehicle, then you deserve restitution.
SENATOR BORRELLO:Mr. President, will the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR MAY:I will.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR BORRELLO:We understand compensation. But again, there are so many people involved in what turns out to be a final product.
I don't care if it's a snowplow or a fire engine or a food truck, if we're holding somebody responsible for something that they ultimately did not either design that vehicle for or, in the end, approve the final spec that went into that vehicle, how are we determining what percentage of responsibility there is versus, you know, the -- for example, in a food truck, you've got the truck and you've got somebody that installed a grill and Ansul system and a vent.
If those things are defective, who is going to be responsible for that?
SENATOR MAY:Through you, Mr. President. Again, it's -- it operates the same way that it would with a passenger vehicle, that it would apply to what the law determines is the part of the vehicle that came from the manufacturer that has the defect.
SENATOR BORRELLO:Mr. President, will the sponsor continue to yield?
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR MAY:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR BORRELLO:Look, I know that most of the time bills that come before us like this aren't something that we woke up and dreamed up and wrote a bill and submitted. Some are, but most of the time there's somebody that has either requested it or has come to someone and said this is a problem that needs to be fixed.
What happened here? Who needs this bill?
(Pause.)
SENATOR MAY:Through you, Mr. President. So this bill came to me via Senator Thomas. But my understanding is that for him it was businesses that reached out, small businesses in particular, that could not get restitution when they purchased vehicles that had inherent defects in them.
SENATOR BORRELLO:Mr. President, will the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR MAY:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR BORRELLO:You know, I'm a small business owner. We have a tractor, we have, you know, other vehicles. But at the end of the day, you know, this bill now extends to used vehicles. Commercial vehicles, you know, are -- they're -- they're -- you know, people are hard on them.
You know, our little John Deere tractor is used to grade five acres of beach every day, seven days a week, all summer long. Quite frankly, I don't know who'd want to buy it. But yet this law would cover warranty of that. So am I responsible if someone buys that tractor that has many hours on it, pretty tough hours, and something goes wrong? Who's responsible? Am I responsible?
SENATOR MAY:So again, there are restrictions when it comes to used vehicles -- how many miles it can have on it, how long it's been in service.
And again, this refers to defects that were inherent in the vehicle when the purchaser bought it and were discovered within a fairly short period of time after purchasing a used vehicle.
And I will point out that it specifically talks about modifications being something that would not be covered.
SENATOR BORRELLO:Mr. President, on the bill.
ACTING PRESIDENT BAILEY:Senator Borrello on the bill.
SENATOR BORRELLO:Thank you, Senator May. If you do get a chance to get into a plow truck, I highly recommend it.
Mr. President, this idea of trying to apply a Lemon Law to commercial vehicles is just -- well, it's just wrought with problems. You are going to have vehicles that have been modified by a third party that that's what they do. You're going to have others that were not. You're going to have things in the used market that could have after-market things that may or may not have a substantial negative impact on the structure and function of the vehicle.
I talked about the tractor that we have at our business. I don't understand how the manufacturer should be responsible for things that have been done to the vehicle, the tractor, years and years after if we turned around and tried to sell it.
So the problem I see is I think this bill, quite frankly, is a solution in search of a problem, which is probably why it's been around for so long. It's passed this chamber many times and it hasn't really gone anywhere. Because in the end, it's not feasible and practical.
We have oftentimes taken something that seems simple, consumer protection for something like a passenger vehicle, and we're trying to apply it now to a very different, very complex commercial vehicle situation.
So this is really not something that I think is going to be -- in the end isn't going to be helpful to small business, because small businesses are going to bear the brunt of the aftereffects of something like this. The fact that now it's going to be more expensive to buy things like after-market warranties, to be able to affordably buy that commercial equipment that you need, whether it's new or used, because there is now this extended liability for things that really aren't the responsibility of the manufacturer.
But in the end, who do we look towards in these situations? We look towards the deepest pocket. Not the person that's the most -- not the company that's actually responsible for the issue, but the person who's got the most money to fix the issue. And that's not -- in this case, in a commercial vehicle that's been modified, that's not typically the person that's responsible for that.
So for that reason and many others, I will continue to be voting no on this.
Thank you, Mr. President.
ACTING PRESIDENT BAILEY:Thank you, Senator Borrello.
Are there any other Senators wishing to be heard?
Seeing and hearing none, debate is closed. The Secretary will ring the bell.
Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 1411, voting in the negative are Senators Ashby, Borrello, Canzoneri-Fitzpatrick, Chan, Gallivan, Griffo, Helming, Lanza, Martins, Mattera, Oberacker, O'Mara, Ortt, Palumbo, Rhoads, Rolison, Stec, Tedisco, Walczyk Weber and Weik.
Ayes, 41. Nays, 21.
ACTING PRESIDENT BAILEY:The bill is passed.
Senator Gianaris.
SENATOR GIANARIS:Mr. President, the next bill on the list, Calendar 1681, had the lay-aside removed, so can we please take that up noncontroversial, please.
ACTING PRESIDENT BAILEY:Upon consent, the lay-aside has been removed and the bill will be taken up from the noncontroversial calendar.
The Secretary will read.
THE SECRETARY:Calendar Number 1681, Senate Print 1986, by Senator Harckham, an act to amend the Education Law.
ACTING PRESIDENT BAILEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT BAILEY:The bill is passed.
Senator Gianaris, we're going to return to the controversial calendar?
SENATOR GIANARIS:Correct, Mr. President. Let's get back to Calendar 1701 on the controversial calendar.
ACTING PRESIDENT BAILEY:The Secretary will ring the bell.
The Secretary will read.
THE SECRETARY:Calendar Number 1701, Senate Print 7032, by Senator Sepúlveda, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT BAILEY:Senator Lanza, why do you rise?
SENATOR LANZA:Mr. President, I believe there's an amendment at the desk.
I waive the reading of that amendment and ask that you recognize Senator Walczyk.
ACTING PRESIDENT BAILEY:Thank you, Senator Lanza.
Upon review of the amendment, in accordance with Rule 6, Section 4B, I rule it nongermane and out of order at this time.
SENATOR LANZA:Accordingly, Mr. President, I appeal the ruling of the chair and ask that Senator Walczyk be heard on that appeal.
ACTING PRESIDENT BAILEY:The appeal has been made and recognized, and Senator Walczyk may be heard.
SENATOR WALCZYK:Thank you.
Mr. President, this amendment is not only germane, it will solve your concerns about the price of an I.D. for impoverished New Yorkers. In Paragraph F this amendment states "Any adult citizen whose income qualifies them for Medicaid as verified in writing by the county's department of social services shall not be required to pay any fee for an identification card."
Great news. That incorporates exactly what the bill-in-chief is trying to do. In fact, speaking of the bill-in-chief, the sponsor's memo says -- these are his words, not mine -- identification is a fundamental necessity. Official I.D. is a critical tool.
He also points out, in his sponsor's memo, you can't navigate daily life, obtain housing, get medical care, obtain employment, get social services, go to the bank or visit a public museum or even feel, as the sponsor says, like a real New Yorker without identification.
This amendment requires real New Yorkers to bring that fundamentally necessary, critical tool to their polling place to verify that the person who's voting is indeed who they say they are.
And even if you forget your fundamentally necessary, critical tool, don't worry, this bill has a solution for you, you real New Yorkers. This amendment ensures you can cast an affidavit ballot so no New Yorker is denied their right to vote.
The only reason to vote against this amendment or its germaneness would be if you think non-New Yorkers and non-real New Yorkers should be voting in our elections.
There's a reason that 70 percent of New Yorkers support this amendment, and so should you. Thank you, Mr. President.
ACTING PRESIDENT BAILEY:Thank you, Senator Walczyk.
I want to remind the house that the vote is on the procedures of the house and the ruling of the chair.
This amendment was not Jermaine, Tito, Michael, Janet, or any other Jackson.
(Laughter.)
ACTING PRESIDENT BAILEY:Those in favor of overruling the chair please signify by saying aye.
(Response of "Aye.")
SENATOR LANZA:Show of hands.
ACTING PRESIDENT BAILEY:A show of hands has been requested and so ordered.
Announce the results.
THE SECRETARY:Ayes, 21.
ACTING PRESIDENT BAILEY:The ruling of the chair stands, and the bill-in-chief is before the house.
Senator Rhoads, why do you rise?
SENATOR RHOADS:My leg fell asleep, Mr. President.
(Laughter.)
SENATOR RHOADS:But while I'm up --
ACTING PRESIDENT BAILEY:Somebody get the nurse for Senator Rhoads.
(Laughter.)
SENATOR RHOADS:Well, while I'm up, I was hoping that the sponsor might yield for a couple of questions.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR SEPÚLVEDA: Through you, Mr. President, I do.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR RHOADS:Thank you, Senator Sepúlveda.
Through you, Mr. President. My understanding is that the purpose of this bill is to allow homeless individuals to access nondriver identification. Is that correct?
SENATOR SEPÚLVEDA: Well, the purpose -- through you, Mr. President, the purpose of this bill is to allow people that are homeless -- they can't access food, they can't access housing, they can't access traditional housing because they do not have any form of identification. Many of them can't afford it.
You have about 160,000 homeless people here in New York State. Not all of them are going to apply for this license because some of them -- for these I.D.s because some of them have them already. But you're talking at least about -- anywhere between 90,000 and 100,000 people that can use this so they can access food and housing and things of that nature.
SENATOR RHOADS:Would the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR SEPÚLVEDA: Through you, Mr. President, I yield.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR RHOADS:As of today, there's no prohibition to homeless individuals applying for a nondriver's license, correct, nondriver's I.D.
SENATOR SEPÚLVEDA: Through you, Mr. President, I don't know of any. But the cost is the main issue for people that are homeless.
SENATOR RHOADS:Okay. And will the sponsor continue to yield?
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR SEPÚLVEDA: Through you, Mr. President, I do.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR RHOADS:My understanding is that the current cost would be $13 unless they qualify for SSI, and then it would be reduced to $6.50. Is that your understanding?
SENATOR SEPÚLVEDA: Through you, Mr. President, yes, that is the cost now. But through our bill we will make this free to anyone who's homeless.
SENATOR RHOADS:Understood. And I appreciate that.
Will the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR SEPÚLVEDA: Through you, Mr. President, I do.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR RHOADS:Just so I'm correct in my understanding, though, I want to make sure that the bill doesn't change any of the other qualifications to be able to qualify for nonvoter I.D. -- for non -- geez, non -- for a nondriver's license.
SENATOR SEPÚLVEDA: Through you, Mr. President, I don't think it does.
SENATOR RHOADS:Okay. So in other words --
ACTING PRESIDENT BAILEY:Senator Rhoads, are you asking the sponsor to yield?
SENATOR RHOADS:Will the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR SEPÚLVEDA: Through you, Mr. President, I do.
ACTING PRESIDENT BAILEY:The Senator yields.
SENATOR RHOADS:So to qualify for the nondriver I.D. card, the individual would still have to provide proof of citizenship or lawful status?
SENATOR SEPÚLVEDA: No, the -- through you, Mr. President, the individual has to establish that they are homeless, especially if it involves children.
SENATOR RHOADS:Will the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR SEPÚLVEDA: Through you, Mr. President, I do.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR RHOADS:Thank you for that answer. They have to establish that they're homeless.
I was going through the other qualifications for what you would need to be able to establish your entitlement to a -- to the nondriver I.D. card. It doesn't --
SENATOR SEPÚLVEDA: -- establish that they're homeless.
SENATOR RHOADS:Okay. Under current -- will the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR SEPÚLVEDA: Through you, Mr. President, I do.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR RHOADS:Okay. In addition to the individual establishing that they're homeless by providing one of the enumerated identified proofs of establishing their being homeless, my understanding under the bill is that they would still have to provide what you would normally have to provide for a nondriver I.D.
In other words, you have to provide proof of citizenship or lawful status. You do not have to establish, obviously, proof of residency. They merely have to establish the fact that they're homeless by one of the enumerated --
SENATOR SEPÚLVEDA: Through you, Mr. President, none of the requirements change.
SENATOR RHOADS:Okay. On the application -- will the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR SEPÚLVEDA: Through you, Mr. President, I do.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR RHOADS:And I certainly understand and I applaud the purpose of the bill. I just had a question with regard to perhaps one unintended consequence and how this legislation would actually handle it.
On the application for the nondriver I.D. card, it does have the box for voter registration. Would a form for a nonvoter I.D. for a homeless -- for a nondriver I.D. card for a homeless individual have that voter registration box on it as well?
SENATOR SEPÚLVEDA: Through you, Mr. President, can you repeat the question?
SENATOR RHOADS:Sure. Would the application for a nondriver I.D. card also include the voter registration question on the bottom?
SENATOR SEPÚLVEDA: Through you, Mr. President, it will. There's nothing here that's going to change the voting requirements for any homeless person. So that's not going to change.
SENATOR RHOADS:Will the sponsor continue to yield?
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR SEPÚLVEDA: Through you, Mr. President, I do.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR RHOADS:My only question with respect to that is if the individual is not identifying an address where's their permanent residence, if they register to vote, where would they be assigned to vote?
SENATOR SEPÚLVEDA: If the person -- I'm sorry.
SENATOR RHOADS:So in other words, if an individual who is homeless and is receiving an I.D. card without their having a permanent residence, and they check the box to register to vote, where would the Board of Elections assign that individual to actually be able to go and vote if there's no address?
SENATOR SEPÚLVEDA: Through you, Mr. President. As we know, that one of the requirements for this is that you establish that you're homeless so that you can get either transitional housing or whatever housing you're going to be able to apply for.
And the homeless person would acquire that either shelter or that home or that transitional housing, and through there, they can register.
SENATOR RHOADS:Will the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR SEPÚLVEDA: Through you, Mr. President, yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR RHOADS:Thank you for that answer.
If I'm correct, then, in my understanding, whatever their temporary address is, be it a shelter or whatever temporary housing, that would be -- so their I.D. would actually have an address and that would be the address from which they're registered to vote?
SENATOR SEPÚLVEDA: Through you, Mr. President, that's the plan.
SENATOR RHOADS:Okay. Will the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR SEPÚLVEDA: Through you, Mr. President, yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR RHOADS:And the nature of that housing being transitional, is there anything -- any requirement in your bill that when they move to other housing that they be required to reregister to vote?
SENATOR SEPÚLVEDA: Through you, Mr. President. None of the registration laws or election laws are going to be changed by this bill. If anyone moves into another residency, then obviously they're required to reregister from that residency.
SENATOR RHOADS:And will the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR SEPÚLVEDA: Through you, Mr. President, yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR RHOADS:But just so I'm correct in my understanding, then, the nondriver I.D. card will have an actual address.
SENATOR SEPÚLVEDA: Through you, Mr. President, yes.
SENATOR RHOADS:Thank you, Senator. I appreciate it.
ACTING PRESIDENT BAILEY:Thank you, Senator Rhoads.
Are there any other Senators wishing to be heard?
Seeing and hearing none, debate is closed. The Secretary will ring the bell.
Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 90th day after it shall have become a law.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Announce the results.
THE SECRETARY:In relation to Calendar 1701, voting in the negative are Senators Borrello, Chan, Gallivan, Helming, Martins, Oberacker, Ortt, Stec, Tedisco, Walczyk, Weber and Weik.
Ayes, 50. Nays, 12.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1708, Senate Print 7717, by Senator Cooney, an act to amend the General Business Law.
ACTING PRESIDENT BAILEY:Senator Rhoads, good to see you again. Why do you rise?
SENATOR RHOADS:Wonderful to see you again, Mr. President.
I just have a few questions to ask the sponsor, if he would be kind enough to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR COONEY:I would be happy to.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR RHOADS:Thank you, Mr. President. Of course through you.
Senator Cooney, thank you for yielding to the questions. We're enjoying a late night on a Monday night.
SENATOR COONEY:No place else I'd rather be.
SENATOR RHOADS:I appreciate that. I appreciate that.
If I can ask, who -- who requested, if anyone, this legislation?
SENATOR COONEY:So I have a constituent in the greater Rochester area who, probably like many of your constituents, experienced having to call a tow truck in the middle of the winter towing season and was surprised to find that she unfortunately incurred over $5,000 in towing fees to go from outer Monroe County back into her hometown. And was alarmed by this, because of course she wasn't prepared to pay that type of money for towing.
And so she did raise it to me as an elected official in her region, and we did a little investigation and realized that there were no caps on towing in communities outside of New York City. And here we are. Like good government, we enter legislation to make sure that we could fix this for consumers across New York.
SENATOR RHOADS:Thank you, Senator Cooney.
Will the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR COONEY:Yes.
ACTING PRESIDENT BAILEY:The Senator yields.
SENATOR RHOADS:That is certainly a laudable goal. In doing so, though, the sponsor memo says that it's for consumer protection, enacting towing safeguards.
But many cities, villages and towns within the State of New York actually do have those safeguards in place. Could you please let me know, did you consult any town supervisors or village mayors in drafting this legislation?
SENATOR COONEY:Through you, Mr. President. We consulted a number of groups, including some tow companies and auto organizations, as well as local government partners.
What we found, though, Senator, is that there's an inconsistency. So this legislation was modeled in part after the 2019 New York City Council legislation which created the towing cap standard for the five boroughs for New York City.
And we thought rather than having one consumer experience based on whether you're in Jamestown or whether you're in Rochester or whether you're in a town or village in Nassau County, we wanted it to be consistent so that consumers can predict and know what would be available to them in terms of towing costs and the storage costs for their vehicle.
SENATOR RHOADS:Will the sponsor continue to yield?
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR COONEY:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR RHOADS:So am I correct in my understanding that this legislation would override any local laws that there are with respect to towing and price of towing.
SENATOR COONEY:Through you, Mr. President, that's correct. So this would be a preemption, if you will, for a statewide standard, just as much as Kings County cannot set a different towing rate than Queens County can set. So similar in modeling.
I will also note that a number of states have done this of recent. I think just last year the State of Colorado passed a towing cap. Connecticut has passed a towing cap, as has Georgia.
Georgia has also preempted a number of municipalities in their state, like large cities such as Atlanta, similar to our legislation here tonight. This would exempt, of course, the City of New York, which has their own separate towing cap standard.
SENATOR RHOADS:Thank you, Senator.
Will the sponsor continue to yield?
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR COONEY:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR RHOADS:And in your legislation is there any accounting for regional costs based upon where you are in the state?
SENATOR COONEY:Through you, Mr. President. There isn't necessarily a regional cost differentiation. It's really only by the vehicle weight. So if it's a passenger car that you and I might drive, versus a larger Mack truck, that would have a different bearing.
But there is not a regional base like Finger Lakes region versus Long Island. There is something that is noteworthy based on where the car breakdown may be. So it's a higher tow rate on an arterial road than it is on a street here in the City of Albany. So that's really the more differentiated rate route, sure.
SENATOR RHOADS:Will the sponsor continue to yield?
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR COONEY:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR RHOADS:And so I'm correct in my understanding, though, this would apply to any tow that has to take place anywhere in the state. It's not restricted solely to state parkways or state highways.
SENATOR COONEY:Through you, Mr. President, that's correct. With the notable exception that New York City is excluded.
SENATOR RHOADS:And will the sponsor continue to yield?
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR COONEY:Yes.
ACTING PRESIDENT BAILEY:The Senator yields.
SENATOR RHOADS:Thank you, Senator Cooney.
You do acknowledge, however, that there are different costs of actually operating a business in different areas of the state?
So for example, if I own a commercial piece of property in Nassau County and I'm paying $35,000 a year in property taxes, a $12 storage rate for a vehicle certainly does not stretch as far as it might if you were in the Finger Lakes region, for example.
SENATOR COONEY:Through you, Mr. President, that's a duly noted point.
I will say again we modeled the dollar figures you see in the legislation after the 2019 New York City legislation. So recognizing that storage costs would probably be higher in terms of real estate value in the five boroughs than it would be in Rochester or maybe parts of Nassau County, depending on where you are located. We thought we would be inclusive of that.
I would also note that a lot of the rates that I mentioned in terms of some of the other states that are currently having tow caps are consistent with where we are. Connecticut is at $105. Massachusetts, 108. Nevada, 55.
So I think there are some regional cost differences in those states as well. So we did our best to kind of come up with what we thought would work best for outside of New York City.
SENATOR RHOADS:Thank you, Senator Cooney. I'll go on the bill now. Thank you for the answers to the questions.
ACTING PRESIDENT BAILEY:Senator Rhoads on the bill.
SENATOR RHOADS:Again, this is a concern about the state trying to preempt towns, villages and cities from making their own restrictions that work for their locality, and trying to outthink them in what's best for their local residents.
I certainly understand the notion of there being some rules to the road, that in areas of the state where there are no restrictions or no caps on what people are being charged -- as the sponsor gave the example of his constituent who was charged $500 for a tow -- having some guidelines in place certainly makes sense.
But again, preempting local control and allowing local municipalities to be able to make decisions that are reflecting the dynamics of that locality I think is a mistake, and that's why I'll be voting no.
Thank you, Mr. President.
ACTING PRESIDENT BAILEY:Thank you, Senator Rhoads.
Senator Martins, why do you rise?
SENATOR MARTINS:Thank you, Mr. President. On the bill.
ACTING PRESIDENT BAILEY:Senator Martins on the bill.
SENATOR MARTINS:Aside from the costs associated with regulating tow trucks, our local communities also license those tow truck operators.
It's an important thing, the same rationale that we have local communities that license cabs and local taxis: It gives the local community an opportunity to have a measure of control over what could be sometimes predatory uses.
And so taking away the ability of our local communities to actually regulate certain industries is counterintuitive. It's not just about the dollars and cents. It's not just about whether or not it's a hundred dollars. It's actually about each local community being able to decide and to actually license who can or cannot operate within that community.
And I would ask the sponsor if he would just allow a few questions. I know it's late, but I just need to clarify a couple of points with regard to that licensing.
Through you, Mr. President, if the sponsor would yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR COONEY:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR MARTINS:So would this bill do anything with regard to requiring a statewide list of licensed tow truck operators, and would it indicate where they can or cannot operate?
SENATOR COONEY:The legislation does not require such a registry or list to be published. But that might be a natural consequence if this was to be passed.
SENATOR MARTINS:Through you, Mr. President, if the sponsor would yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR COONEY:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR MARTINS:Would it promote or require any state agency to promote terms or conditions or regulations with regard to operations of tow trucks in and around the state so as to ensure public safety, consumer protection?
Is there any component of this bill that would address those issues that are normally and historically addressed by our local communities, whether they're villages, towns or counties?
SENATOR COONEY:Through you, Mr. President. That's a great point, Senator Martins.
In fact, when we started to do the initial research into towing procedures and the tow caps that resulted from it, we realized there's actually a whole criteria of these safety standards, best practices, ethical business behaviors that are recommended by consumer groups, whether Consumer Reports or AAA or other things that actually New York does not follow.
So that may actually result in subsequent legislation. But we thought for the purposes of addressing the immediate consumer need, we would start with the price and the price gouging that we're seeing, and moving to this.
So open to that conversation in the future.
SENATOR MARTINS:Currently -- through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR COONEY:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR MARTINS:Currently in many parts of the state -- and I would probably think most parts of the state -- the local community would require tow truck operators to apply. There are fees associated because there is a governance structure to it. And there's a monitoring to it as well, to ensure local safety and make sure they're complying with those local regulations.
Would your bill preempt local control in a way that would prevent those local communities from being able to make those decisions? Because integral to that is a decision by the local community to put limits and identify how much they can charge to actually tow a car or a truck within the jurisdiction of that community.
So it's overall, I believe, for the benefit of the local community that we trust our local communities to set regulations with regard to safety, with regard to who's allowed to operate within those local communities, and then to charge a fee for that but also to regulate how much the tow truck operator can charge.
That is the norm certainly in the areas where we live in Nassau County, I'm assuming on Long Island and in other parts of the state. And I'm concerned that this will jeopardize that or create confusion. Do you share that concern?
SENATOR COONEY:Through you, Mr. President. I think I heard a couple of questions there.
I'll just -- to be clear, I answered Senator Rhoads' question about this earlier in terms of the preemption. Yes, Senator Martins, it does create that preemption standard so that if a local municipality, if a village or township in Nassau County had a tow rate, this would then replace that.
I understand your point about wanting to have local control. Of course we are a home-rule state. I understand those concepts, and I support that, having worked in local government as well.
But I will say that what I think this does is it sets a minimum standard, an expectation for consumers. Right? Is that we recognize that when you were in a vulnerable state, having called for a tow track, whether from an accident or a weather inclement event, that you don't want to feel surprised by the outcome.
And so whether it's from an enforcement side, which is another point you brought up, it would be the Attorney General's office, right, to enforce good business behavior -- bless you, Senators.
And so we wanted to make sure there was a statewide standard. So that will be in place outside of New York City.
SENATOR MARTINS:Thank you.
Mr. President, on the bill.
ACTING PRESIDENT BAILEY:Senator Martins on the bill.
SENATOR MARTINS:So I appreciate the effort. I appreciate what we're trying to do here. And I'll just -- I'll try and be brief.
For now, bad idea. Local communities know good actors, bad actors. They understand what the local needs are. They will listen to applications. There are disciplinary proceedings when people break the rules. And there are consequences locally when people break the rules: They lose their franchise to be able to operate in that local community.
So New York City's excluded. Okay. But for every other community that has relied on the local community, whether it's a village, a town, a city, to oversee that, it's for the benefit of the consumer and they make sure that there aren't bad actors out there.
If we're waiting on the Attorney General to make a decision on whether to prosecute somebody locally, by the time that happens it loses the ability to actually function.
We have a system in place that works. Each and every one of us should think about their local community and who's making those decisions right now and decide for yourselves whether or not you think it's a good idea -- except New York City, whether or not you think it's a good idea for us to get rid of the entire structure we have and allow for there to be no controls, no operations locally, and take away those responsibilities from our local communities.
Folks, it just -- it needs to be thought out a little bit more carefully. This isn't the right bill that will do that. Mr. President, I'll be voting no and I'm encouraging everyone to please do the same.
ACTING PRESIDENT BAILEY:Thank you, Senator Martins.
Are there any other Senators wishing to be heard?
Seeing and hearing none, debate is closed. The Secretary will ring the bell.
Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT BAILEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BAILEY:Senator Cooney to explain his vote.
SENATOR COONEY:Thank you, Mr. President.
Again, the idea behind this legislation is really about consumer awareness and consumer protection. We all have constituents who have found themselves in a situation where they have to call a tow truck or they have their vehicle moved to a storage yard, and then that bill comes. And the bill is shockingly high, without reason, and it could just really take a bad situation and make it worse.
This is a consumer protection bill at heart. I appreciate the comments of the Senators tonight who expressed concern about local control.
I wanted to make a point that while this bill does set a statewide cap for towing fees outside of New York City, what it does not do is it does not prohibit a local municipality from creating a safety standard. So if there are standards that the local community -- a village, a township -- wants to take on, they can still create those safety standards and hold towers accountable to those safety standards.
What they cannot do is set a higher towing rate than allowed under state law if we pass this legislation. I will be supporting the legislation, and I ask for my colleagues' support tonight.
Thank you, Mr. President.
ACTING PRESIDENT BAILEY:Senator Cooney to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar 1708, those Senators voting in the negative are Senators Borrello, Canzoneri-Fitzpatrick, Chan, Gallivan, Martins, Mattera, Oberacker, Palumbo, Rhoads, Rolison, Stec, Tedisco, Walczyk and Senator Weber.
Ayes, 48. Nays, 14.
ACTING PRESIDENT BAILEY:The bill is passed.
Senator Gianaris, that completes the reading of the controversial calendar.
SENATOR GIANARIS:Mr. President, on behalf of Senator Sanders, I move to amend Senate Bill 6316A by striking out the amendments made on June 9th and restoring it to its original print, 6316.
ACTING PRESIDENT BAILEY:So ordered.
SENATOR GIANARIS:On behalf of Senator Jackson, I offer the following amendments to Calendar 1635, Senate Print 6693A, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT BAILEY:The amendments are received, and the bill will retain its place on the Third Reading Calendar.
SENATOR GIANARIS:Is there any further business at the desk?
ACTING PRESIDENT BAILEY:There is no further business at the desk.
SENATOR GIANARIS:I move to adjourn until tomorrow, Tuesday, June 10th, at 1:00 p.m.
ACTING PRESIDENT BAILEY:On motion, the Senate stands adjourned until tomorrow, Tuesday, June 10th, at 1:00 p.m.
(Whereupon, at 10:56 p.m., the Senate adjourned.)
Highest impact first.
Raise Wages for City Contractors
Regulate Lawsuit Loans
Regulate Lawsuit Funding Firms
Protect Securities Whistleblowers
Ban Mercury Light Bulbs
Ban Convertible Pistols
Ban Hidden Fees
Ban Harmful Food Additives