Gaveled in 3:25 PM · Albany, New York · 2025–26 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 11, 2025
3:25 p.m.
REGULAR SESSION
SENATOR SHELLEY B. MAYER, Acting President
ALEJANDRA N. PAULINO, ESQ., Secretary
P R O C E E D I N G SACTING PRESIDENT MAYER:The Senate will come to order.
I ask everyone to please rise and recite the Pledge of Allegiance.
(Whereupon, the assemblage recited the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT MAYER: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 MAYER:Reading of the Journal.
THE SECRETARY:In Senate, Tuesday, June 10, 2025, the Senate met pursuant to adjournment. The Journal of Monday, June 9, 2025, was read and approved. On motion, the Senate adjourned.
ACTING PRESIDENT MAYER:Without objection, the Journal stands approved as read.
Presentation of petitions.
Messages from the Assembly.
The Secretary will read.
THE SECRETARY:Senator Sanders moves to discharge, from the Committee on Rules, Assembly Bill Number 1515 and substitute it for the identical Senate Bill 3698, Third Reading Calendar 389.
Senator Scarcella-Spanton moves to discharge, from the Committee on Veterans, Homeland Security and Military Affairs, Assembly Bill Number 4649A and substitute it for the identical Senate Bill 5397A, Third Reading Calendar 478.
Senator Sanders moves to discharge, from the Committee on Judiciary, Assembly Bill Number 1820A and substitute it for the identical Senate Bill 3178A, Third Reading Calendar 538.
Senator Rivera moves to discharge, from the Committee on Health, Assembly Bill Number 1894 and substitute it for the identical Senate Bill 3362, Third Reading Calendar 654.
Senator Comrie moves to discharge, from the Committee on Rules, Assembly Bill Number 3698A and substitute it for the identical Senate Bill 5175A, Third Reading Calendar 716.
Senator Skoufis moves to discharge, from the Committee on Veterans, Homeland Security and Military Affairs, Assembly Bill Number 6264 and substitute it for the identical Senate Bill 5246, Third Reading Calendar 742.
Senator Jackson moves to discharge, from the Committee on Finance, Assembly Bill Number 3790 and substitute it for the identical Senate Bill 2703, Third Reading Calendar 754.
Senator Bailey moves to discharge, from the Committee on Insurance, Assembly Bill Number 1572 and substitute it for the identical Senate Bill 4963, Third Reading Calendar 923.
Senator Bailey moves to discharge, from the Committee on Insurance, Assembly Bill Number 7906A and substitute it for the identical Senate Bill 7287A, Third Reading Calendar 927.
Senator Mayer moves to discharge, from the Committee on Rules, Assembly Bill Number 8165 and substitute it for the identical Senate Bill 7659, Third Reading Calendar 1156.
Senator Fahy moves to discharge, from the Committee on Education, Assembly Bill Number 4683 and substitute it for the identical Senate Bill 6737, Third Reading Calendar 1161.
Senator May moves to discharge, from the Committee on Rules, Assembly Bill Number 8023A and substitute it for the identical Senate Bill 7237A, Third Reading Calendar 1165.
Senator Comrie moves to discharge, from the Committee on Labor, Assembly Bill Number 4727 and substitute it for the identical Senate Bill 50, Third Reading Calendar 1189.
Senator Rivera moves to discharge, from the Committee on Rules, Assembly Bill Number 1395 and substitute it for the identical Senate Bill 3360, Third Reading Calendar 1260.
Senator Brouk moves to discharge, from the Committee on Rules, Assembly Bill Number 6609A and substitute it for the identical Senate Bill 7376A, Third Reading Calendar 1312.
Senator Jackson moves to discharge, from the Committee on Rules, Assembly Bill Number 7360 and substitute it for the identical Senate Bill 6671, Third Reading Calendar 1362.
Senator C. Ryan moves to discharge, from the Committee on Consumer Protection, Assembly Bill Number 5405 and substitute it for the identical Senate Bill 5655, Third Reading Calendar 1412.
Senator Skoufis moves to discharge, from the Committee on Rules, Assembly Bill Number 6613 and substitute it for the identical Senate Bill 67, Third Reading Calendar 1431.
Senator Kavanagh moves to discharge, from the Committee on Rules, Assembly Bill Number 4040A and substitute it for the identical Senate Bill 4067A, Third Reading Calendar 1439.
Senator Stec moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 5973 and substitute it for the identical Senate Bill 4817, Third Reading Calendar 1440.
Senator Skoufis moves to discharge, from the Committee on Health, Assembly Bill Number 1365A and substitute it for the identical Senate Bill 15A, Third Reading Calendar 1517.
Senator Cleare moves to discharge, from the Committee on Aging, Assembly Bill Number 7907 and substitute it for the identical Senate Bill 7077, Third Reading Calendar 1542.
Senator Palumbo moves to discharge, from the Committee on Local Government, Assembly Bill Number 8591 and substitute it for the identical Senate Bill 8212, Third Reading Calendar 1574.
Senator Parker moves to discharge, from the Committee on Corporations, Authorities and Commissions, Assembly Bill Number 8154 and substitute it for the identical Senate Bill 8318, Third Reading Calendar 1594.
Senator Ortt moves to discharge, from the Committee on Rules, Assembly Bill Number 4014 and substitute it for the identical Senate Bill 3637, Third Reading Calendar 1615.
Senator Tedisco moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 7312 and substitute it for the identical Senate Bill 7139, Third Reading Calendar 1642.
Senator Webb moves to discharge, from the Committee on Rules, Assembly Bill Number 8299 and substitute it for the identical Senate Bill 8270, Third Reading Calendar 1660.
ACTING PRESIDENT MAYER: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, Madam President.
On behalf of Senator Harckham, I wish to call up Senate Print 1982, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT MAYER:
The Secretary will read.
THE SECRETARY:Calendar Number 1607, Senate Print 1982, by Senator Harckham, an act to amend the General Municipal Law.
SENATOR GIANARIS:Move to reconsider the vote by which the bill was passed.
ACTING PRESIDENT MAYER:The Secretary will call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT MAYER:The bill is restored to its place on the Third Reading Calendar.
SENATOR GIANARIS:I offer the following amendments.
ACTING PRESIDENT MAYER:The amendments are received.
SENATOR GIANARIS:We're going to start today, Madam President, with the confirmations that we have before us.
I believe there's a report of the Finance Committee at the desk. Please take that up.
ACTING PRESIDENT MAYER:The Secretary will read.
THE SECRETARY:Senator Krueger, from the Committee on Finance, reports the following nominations.
As a member and chair of the Public Employment Relations Board: Timothy Connick.
As a member of the Public Employment Relations Board: Barbara Deinhardt.
SENATOR GIANARIS:Move to accept the report of the Finance Committee, and ask that you recognize Senator Krueger.
ACTING PRESIDENT MAYER:All those in favor of accepting the report of the Finance Committee please signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MAYER:Opposed, nay.
(No response.)
ACTING PRESIDENT MAYER:The report of the Finance Committee is accepted.
Senator Krueger on the nominations.
SENATOR KRUEGER:Thank you very much, Madam President.
Well, we've been going through a whirlwind of nominations this week. We're hoping not to do it in the last week of session in any future year.
But we do have two nominees today to the Public Employment Relations Board, Barbara Deinhardt -- who is a re-up, so to speak -- and Timothy Connick to be the chair, or continue to be the chair of the Public Employment Relations Board.
I confess to not necessarily being an expert in this area of state law. But I will tell you, after the meeting and questions of Mr. Connick at the meeting, I feel like we all got an incredible tutorial, not only on what this board does and how important it is, but also some really important issues that are going to be before the state very soon because of changes in federal law and policy when it comes to employee-employer relations.
And Mr. Connick's detailed, detailed understanding about what goes on, what is at risk, what we need to potentially do, I think impressed all of the members of the committee.
So I'm hoping that everyone will join me in voting yes on today's nominees.
Thank you very much, Madam President.
ACTING PRESIDENT MAYER:All those in favor of accepting the report of the -- oh, excuse me.
The question is on the nominations.
Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Announce the results.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT MAYER:The nominees -- Timothy Connick, as member and chair of the Public Employment Relations Board, and Barbara Deinhardt, as member of the Public Employment Relations Board -- are confirmed.
Congratulations.
(Standing ovation.)
ACTING PRESIDENT MAYER:Senator Gianaris.
SENATOR GIANARIS:We're going to now move on to the supplemental active list, which I believe has one bill on it. Can we take that up, please.
ACTING PRESIDENT MAYER:The Secretary will read.
There's a substitution at the desk.
The Secretary will read.
THE SECRETARY:Senator Baskin moves to discharge, from the Committee on Rules, Assembly Bill Number 785A and substitute it for the identical Senate Bill 5539, Third Reading Calendar 1401.
ACTING PRESIDENT MAYER:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1401, Assembly Bill Number 785A, by Assemblymember Solages, an act to amend the Education Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 6. 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:Senator Baskin to explain her vote.
SENATOR BASKIN:Oh, I'm sorry.
ACTING PRESIDENT MAYER:To explain her vote?
SENATOR BASKIN:No.
ACTING PRESIDENT MAYER:No, Senator Baskin is not explaining her vote.
Announce the results.
What?
SENATOR BASKIN:I'm sorry, Madam President. We are on the bill titled "Desha's Law," correct?
ACTING PRESIDENT MAYER:We are on Calendar 1401, S5539A.
SENATOR BASKIN:That's it. Okay, thank you.
ACTING PRESIDENT MAYER:Requiring school safety plans to include a cardiac emergency response plan.
SENATOR BASKIN:Thank you. Thank you. Thank you.
Madam President, I rise today in support of this bill that we have affectionately named Desha's Law. I want to thank my cosponsors and all of the people from my caucus who participated in the activities leading up to this bill to help us learn how to save ourselves and help residents who are facing cardiac arrest.
I also want to uplift this caucus for their actions years prior and those who worked on establishing Louis's Law, a bill that has laid the groundwork for the bill before us today, which established AEDs be in schools across the state.
Today we are moving forward with another level of that plan and making sure that there are plans put in place and training and clear accessibility measures for AEDs. And we do that in honor of Desha Sanders, a young woman, a relative, and a beloved member of the Buffalo community in my district who lost her life 16 years ago.
Today we are joined by Desha's mother and Desha's stepfather in the gallery, who have spent the last few years longing for her presence, but today join us in the Senate to commemorate her life and help save the lives of so many others.
Anika, you guys have my esteemed -- my heart goes out to you, and I love you so much. Thank you so much for all the work you've done to keep Desha's spirit alive and well in the State of New York.
Imagine the joy of watching your daughter play basketball at her middle school gym, learning how to strategize, how to hone her skills, all the while building a camaraderie with her teammates. Now imagine that day turning into a nightmare -- the unthinkable happens. This vibrant 12-year-old girl, Desha Sanders, who suddenly collapsed on the gym floor.
This was the reality for this young woman, who went into cardiac arrest, just 12 years old. An automated external defibrillator was available in her school, but no one could locate the keys to open the unit. Why? Because no lifesaving plan existed and had ever been implemented in the school.
Precious minutes ticked by as Desha's life hung by a thread. She was rushed to the emergency room, but tragically Desha died of cardiac arrest in the hospital.
I urge my colleagues today to support Desha's Law. There is an indescribable heaviness that I feel when I'm in the presence of a mother who is speaking about a baby that they've had to lay to rest. These women are unique in kind -- and Anika, you are of those women. I can't imagine as a mother having to go through such tragedy.
But today, in her absence, so many other children will have life. Because together it is my hope that this honorable body will pass this legislation to save so many children from going through what Desha went through so many years ago.
Again, I urge you to support Desha's Law, which mandates the establishment of cardiac emergency response plans in New York's schools. Passing this loophole will spare the same type of agonizing loss that Desha's family, her friends and her classmates had endured. When Desha first passed on, some of her classmates were interviewed and recorded in the Buffalo News years ago. One said: "At the end of the day, Desha didn't care what color you were, if you were short or if you were tall, if you were skinny or if you were fat. She liked you for who you were. She didn't have a problem with you."
It is so hard today to remember Desha, but I'm so glad and grateful for her family.
I want to thank my Assembly colleague, Assemblymember Solages, who recently passed the bill today in the Assembly chambers. I am hopeful that we will pass the bill and that we can get the Governor to sign it, and there will be no other student who is in cardiac arrest waiting for adults or emergency responders to figure out how to save their life, but they will be trained and there will be a plan in place.
May Desha's legacy live forever.
Thank you.
ACTING PRESIDENT MAYER:Senator Baskin to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT MAYER:The bill is passed.
(Standing ovation.)
ACTING PRESIDENT MAYER:Senator Gianaris.
SENATOR GIANARIS:Madam President, I just add my words of appreciation to Desha's family for joining us today and sharing their pain, and making it productive here in the Senate.
So thank you. Thank you very much.
Let us move on to previously adopted Resolution 1191, by Senator Ortt, read that resolution's title and recognize Senator Ortt, please.
ACTING PRESIDENT MAYER:The Secretary will read.
THE SECRETARY:Resolution 1191, by Senator Ortt, congratulating Shawn MacKinnon upon the occasion of his retirement after 30 years of distinguished service to the New York State Senate.
ACTING PRESIDENT MAYER:Senator Ortt on the resolution.
SENATOR ORTT:Thank you very much, Madam President.
And I want to thank all of my colleagues for a few minutes of their indulgence. I know it's a busy day, we have a lot of bills, but we have an important resolution here, a surprise resolution.
I rise today, I want to congratulate, I want to thank a member of our family over here on the Senate Republican side, Shawn MacKinnon, for 30 years -- where did Shawn go? Where's he hiding? Way back in the corner over there -- 30 years of service to the New York State Senate.
Shawn has had a lot of roles in that 30 years -- Senate Finance, budget studies. He has been my budget person in my time as leader. And he's a very loud and boisterous person --
(Laughter.)
SENATOR ORTT:-- which is what most people would know about him, gets very worked up.
But no, I've had the pleasure to get to know him over the past several years as a member of my senior team since being elected leader. As secretary to the Finance Committee, Shawn played a critical role in supporting our conference, as well as individual Senators, on budget policy matters, while also training dozens of analysts and imparting his vast institutional knowledge.
You know, I'm sure my colleagues in the Majority, I know our colleagues in the Minority, over the years there's something to be said about people who have been -- they've been through multiple budgets, they've been through the different battles, and you start to know, when you see things, you go, Oh, we've done this before. Or, This is how we did it years ago. That institutional knowledge.
And the Senate, if nothing else, is an institution. Sometimes one I think we should all be committed to.
(Laughter.)
SENATOR ORTT:But it's definitely an institution. And that institution -- as leader, I've gained more of an appreciation for the institution. And Shawn is an institutional guy. Thirty years he's spent his life on behalf of the Senate, on behalf of the people in this chamber, working obviously on behalf of the Republican Conference, working with Senate Finance on the Democratic side as well as with the Governor's office, the Assembly.
And a lot of times, at that staff level, that's where a lot of things really do get sometimes worked out and massaged. And Shawn had the temperament to make sure that happened.
He's one of the few staffers and maybe legislators who truly understands the state school funding formula. I've been here 11 years; I have no idea. I really don't. I know whether my districts get more or less. I don't know why they get more or less. Because we always spend more, and yet somehow some end up with less, some end with more.
Shawn understands that algorithm that goes into making that formula work. And I know, on behalf of our members, he's been very helpful on that.
He has excelled in his public role. He knows that it takes many hours. You think of the staff, they spend a lot of hours in this building, certainly during session. He balances it with his children. He's also helped inspire the next generation of budgetary minds as a professor of statistics at UAlbany and Siena.
So when he's not here educating our minds, he's at UAlbany and Siena, and no doubt imparting his wisdom to maybe the next budget director or a future budget director in this chamber.
He's an avid sports enthusiast, which I always appreciated. A college basketball player, a snowboarder, a very, very big hockey fan. Youth hockey coach. He founded the Clifton Park Dynamo Girls Ice Hockey Program in his spare time, which he coached all the way to the finals, which I think is pretty cool. As someone whose sister played hockey, I find that very cool.
His commitment to success at youth sports is almost enough -- now, this is the part -- I read this this morning, by the way. I didn't know this part of his resume, and I almost pulled the resolution -- he is a Montreal Canadiens, a New York Yankees -- I know for some of you that will be just fine -- and a Dallas Cowboys fan.
(Laughter.)
SENATOR ORTT:So let's just say his sports judgment doesn't equal his financial judgment, all right?
(Laughter.)
SENATOR ORTT:Let's just -- we'll leave it there. I want to be nice.
But all kidding aside, he really is a consummate professional. I know my colleagues on both sides, there's a great appreciation for the staff very often who work behind the scenes. New Yorkers will never know many of these folks, and yet their impact on New Yorkers and on the work we do here is indelible. And it's something that we -- I can't say thank you enough.
He's been a great addition to our team. He has -- he's a proud father to three wonderful children, as I mentioned, Joe, Madi, and Casey, who I'm sure are looking forward to spending more time with their dad. And again, we all know the challenge of balancing public service and family life. And he has done that with a lot of grace.
But he has always been committed certainly to the Senate, again to the people of New York, and I would say to the Senate Republican Conference. His knowledge is unparalleled. I'm going to miss him. I'm going to miss him. He was a great sort of balancer between certainly me and some of my other -- you know, we get wound up, and then Shawn was always the guy that kind of, you know, brings some levity or just brings some balance to that dynamic.
So -- but I wish him well. And I would just ask everyone, certainly on either side that has worked with Shawn, that knows Shawn, or that has staff of their own and knows how invaluable they are to what we do here, to just rise and say thank you to Shawn MacKinnon for 30 years of service to the people of New York City and the New York State Senate.
ACTING PRESIDENT MAYER:Thank you.
(Standing ovation.)
SENATOR ORTT:He's never been more uncomfortable than right there --
(Laughter.)
SENATOR ORTT:-- and that's worth it to me.
(Laughter.)
SENATOR ORTT:So I just want to thank you for your time and thank you for your indulgence.
ACTING PRESIDENT MAYER:Thank you, Senator Ortt.
And to Shawn MacKinnon, 30 years is a long time to do well here. Congratulations to you from all of us. Best wishes. And we acknowledge your incredible contributions to the Senate. Thank you very much.
The resolution was previously adopted on June 10th.
Senator Gianaris.
SENATOR GIANARIS:Thank you, Madam President.
Congratulations to Shawn. You know, I'm hitting 30 years of service next year myself, so maybe Senator Ortt can give me a resolution.
(Laughter.)
SENATOR GIANARIS:I think the speech would be different.
(Laughter.)
SENATOR GIANARIS:I think Senator Ortt wants to open that resolution for cosponsorship.
ACTING PRESIDENT MAYER:At the request of the sponsor, the resolution is open for cosponsorship. Should you choose not to be a cosponsor, please notify the desk.
Senator Gianaris.
SENATOR GIANARIS:At this time we're going to simultaneously take up the calendar and call an immediate meeting of the Rules Committee in Room 332.
ACTING PRESIDENT MAYER:There will be an immediate meeting of the Rules Committee in Room 332, while we take up the calendar.
The Secretary will read.
THE SECRETARY:Calendar Number 125, Senate Print 428, by Senator Rivera --
ACTING PRESIDENT MAYER:Ssshhh.
THE SECRETARY:-- an act to amend the --
ACTING PRESIDENT MAYER:Can we have some order so we can hear. Thank you.
THE SECRETARY:Calendar Number 125, Senate Print 428, by Senator Rivera, an act to amend the Public Health Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 3. 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 125, voting in the negative are Senators Ashby, Borrello, Canzoneri-Fitzpatrick, Chan, Helming, Lanza, Martins, Mattera, Oberacker, O'Mara, Ortt, Palumbo, Rhoads, Scarcella-Spanton, Skoufis, Stec, Tedisco, Walczyk and Weber.
Ayes, 40. Nays, 19.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 183, Senate Print 410, by Senator Gounardes, an act to amend the Civil Practice Law and Rules.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 4. 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 183, voting in the negative are Senators Ashby, Borrello, Canzoneri-Fitzpatrick, Chan, Lanza, Martins, Mattera, Oberacker, O'Mara, Ortt, Palumbo, Rhoads, Rolison, Tedisco, Walczyk, Weber and Weik.
Ayes, 42. Nays, 17.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 187, Senate Print 2627A, by Senator Kavanagh, an act to amend the Real Property 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 187, voting in the negative: Senator Walczyk.
Ayes, 58. Nays, 1.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 262, Senate Print 1783A, by Senator Hinchey, an act to amend the Agriculture and Markets 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 Borrello to explain his vote.
SENATOR BORRELLO:Thank you, Madam President.
I think this is quite interesting that that is a consumer protection bill that says we want to disclose information. However, what they cannot disclose, what this bill prohibits is if the cost increases for this gas are because of government regulations. So it's a bit hypocritical to say we need to tell people when you're raising the price because of something that you have done, but you can't tell them if the government has done something to increase the cost of that gas.
So I'm voting no. It's hypocritical. And we should also recognize the fact that we do have a negative impact on prices when we overregulate things like we have a tendency to do here in New York State.
Thank you.
ACTING PRESIDENT MAYER:Senator Borrello to be recorded in the negative.
Announce the results.
THE SECRETARY:In relation to Calendar 262, voting in the negative are Senators Ashby, Borrello, Canzoneri-Fitzpatrick, Chan, Martins, Mattera, Oberacker, O'Mara, Ortt, Palumbo, Rhoads, Rolison, Walczyk, Weber and Weik.
Ayes, 44. Nays, 15.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 274, Senate Print 1634, by Senator Rivera, an act to amend the Insurance Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Senator Rivera to explain his vote.
SENATOR RIVERA:Thank you so much, Madam President.
This bill today, my colleagues, is the Primary Care Investment Act. And it relies on something very simple. The reality is -- I'm not sure if you know, but as of December 31st of 2024, more than 4.7 million New Yorkers live in areas that have a shortage of primary care.
The reality is that there's not enough money that we're spending on primary care. And this is not just spending, this would be an investment. This bill does nothing to change the amount of money that the State of New York spends on health, but instead it changes where that money goes.
And the care in this case we're trying to talk about quality primary care, Madam President. And the reality is that what this bill would do is over a period of time it would increase the spending on primary care until it reaches at least 12.5 percent of total healthcare spending.
And this is not only something that is a positive, but ultimately over time it would save us money. Because investing in primary care means identifying chronic conditions earlier, making sure that people focus on their health and not just go to the doctor when they're sick.
So let's make sure that we invest in this. I'm very glad to pass this. Hopefully we can get it over the finish line. I vote in the affirmative.
Thank you, Madam President.
ACTING PRESIDENT MAYER:Senator Rivera to be recorded in the affirmative.
Senator Bailey to explain his vote.
SENATOR BAILEY:Thank you, Madam President.
Thank you, Senator Rivera, for this important bill. An ounce of prevention is worth a pound of cure. And it's something that my grandmother, who was an RN, who was a nurse, indicated to me when I was growing up. And it bears true today.
People don't seek primary care at the levels that they do because doctors are not seeking primary care as their profession. They're incentivized to go to other still very important other disciplines, such as neurology and orthopedics and so many others. But primary care is that primary -- no pun intended, Madam President -- it is that initial entry into the medical system. We should stop using ERs and urgent cares as our first point of contact.
And what's happening is as we redefine what healthcare actually is and what it should be, we need to make sure that people have a doctor. How many people still have their own primary care doctor? I know, growing up, everybody in the neighborhood had the doctor that they went to. I don't know how many people have that anymore. We need to go back to that way of thinking, that way of having medical care.
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 274, voting in the negative are Senators Ashby, Borrello, Canzoneri-Fitzpatrick, Chan, Oberacker, Palumbo, Rhoads, Tedisco, Walczyk and Weik.
Ayes, 49. Nays, 10.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 326, Senate Print 2053A, by Senator Webb, an act to amend the Environmental Conservation Law.
SENATOR SERRANO:Lay it aside for the day, please.
ACTING PRESIDENT MAYER:The bill is laid aside for the day.
THE SECRETARY:Calendar Number 389, Assembly Bill Number 1515, by Assemblymember Weprin, an act to amend the Banking Law.
SENATOR SERRANO:Lay it aside for the day, please.
ACTING PRESIDENT MAYER:The bill is laid aside for the day.
THE SECRETARY:Calendar Number 455, Senate Print 4548, by Senator Stavisky, an act to amend the Education Law.
ACTING PRESIDENT MAYER: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 MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Announce the results.
THE SECRETARY:In relation to Calendar 455, voting in the negative are Senators Martinez, Walczyk and Weik.
Ayes, 56. Nays, 3.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 478, Assembly Bill Number 4649A, by Assemblymember Rajkumar, an act to amend the Veterans' Services Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 30th 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, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 480, Senate Print 3277, by Senator Skoufis, an act to amend the Agriculture and Markets Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the first of January.
ACTING PRESIDENT MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Announce the results.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 485, Senate Print 1224, by Senator Rivera, an act to amend the Social Services 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 Rivera to explain his vote.
SENATOR RIVERA:Thank you so much, Madam President.
This bill -- and I'm very thankful that we're bringing it today to the floor -- would be to carve out school-based health centers permanently out of Medicaid managed care.
Now, to keep it very, very short, school-based health centers provide care for thousands and thousands of children across the State of New York. Most of these school-based health centers, Madam President, are actually not only just in the city, but they're also in the Bronx. And earlier this year we had a little bit of a scuffle with the second floor related to them, but I'm glad to know that that was -- that it was at least resolved for another year.
This, however, this bill, if it goes into effect -- and hopefully it does and we can get it signed -- would actually carve them out permanently out of managed care. And ultimately what we want to make sure that we do is that we maintain the care continuity for these kids.
And making this transition would actually mean that many of these centers would go away. Many of them actually started closing immediately when we started announcing their closures, when we said that we were going to make the transition. Hopefully we'll be able to offset it for another year.
This would actually carve them out permanently. I hope we can achieve it so we can provide the continuity of care to so many kids all across the state.
I proudly vote in the affirmative. Thank you, Madam President.
ACTING PRESIDENT MAYER:Senator Rivera to be recorded in the affirmative.
Senator Oberacker to explain his vote.
SENATOR OBERACKER:Thank you, Madam President.
I'd like to thank the bill's sponsor for bringing this bill forward.
You know, the 51st Senate District, being very rural and very vast, it's really in many ways a healthcare desert. School-based health is such an important part, such an important part of not only my district but the services that it offers.
Transportation is huge, as I'm sure everybody is aware. For myself, I travel 18 miles one way to get groceries. Distances are very vast in our district.
This allows our children to have the healthcare they need, the focus that they need, and allows the parents to actually continue to do what they do to make this happen.
It's a great bill. I want to thank the bill's sponsor for bringing it forward. I support it -- not only do I support it, but I want to expand upon it and have more of it in my district.
Thank you. I vote aye.
ACTING PRESIDENT MAYER:Senator Oberacker to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 507, Senate Print 5138, by Senator Gianaris, an act to amend the Criminal Procedure Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 5. 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 507, voting in the negative are Senators Ashby, Borrello, Bynoe, Canzoneri-Fitzpatrick, Chan, Martinez, Martins, Mattera, Oberacker, O'Mara, Ortt, Palumbo, Rhoads, Rolison, C. Ryan, Scarcella-Spanton, Tedisco, Walczyk, Weber and Weik.
Ayes, 39. Nays, 20.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 515, Senate Print 2097A, by Senator Kavanagh, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 3. 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:Ayes, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 538, Assembly Bill Number 1820A, by Assemblymember Steck, an act to amend the Real Property Law.
ACTING PRESIDENT MAYER: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 MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Senator Sanders to explain his vote.
SENATOR SANDERS:Thank you, Madam President.
I'm sure everyone in here has seen the days where people could make deeds and say that they don't want this group of people or that group of people to be able to purchase homes in their neighborhood.
New York has had some of those. And now we're going to get rid of these. The old ancient evils that have been put on the deeds and mortgages carry restrictions based on the question of race, gender, class. We're not there anymore. We were not there in the days of Jim Crow, those days of infamy.
But we are here today. And I'm glad that the New York State Senate is saying that we together affirm that the Empire State will have nothing to do with racism, misogyny or class hatred. No longer will we put these in our deeds, and they will have no force of law. We will get rid of all of that and make sure that a deed is an instrument that has no hatred, that is giving or upholding any type of hatred.
I gladly vote aye. Thank you.
ACTING PRESIDENT MAYER:Senator Sanders to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar 538, voting in the negative are Senators Borrello, Canzoneri-Fitzpatrick, Chan, Mattera, Oberacker, O'Mara, Ortt, Tedisco, Walczyk and Weik.
Ayes, 49. Nays, 10.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 609, Senate Print 5701, by Senator Skoufis, an act to amend the Correction Law.
SENATOR PALUMBO:Lay it aside.
ACTING PRESIDENT MAYER:The bill is laid aside.
THE SECRETARY:Calendar Number 654, Assembly Bill Number 1894, by Assemblymember Paulin, an act to repeal Section 3372 of the Public Health 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 654, voting in the negative are Senators Borrello, Canzoneri-Fitzpatrick, Chan, Helming, Martins, Mattera, Oberacker, O'Mara, Ortt, Palumbo, Rhoads, Rolison, Stec, Tedisco, Walczyk, Weber and Weik. Also Senator Griffo.
Ayes, 41. Nays, 18.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 694, Senate Print 2291, by Senator Harckham, 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:Ayes, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 716, Assembly Bill Number 3698A, by Assemblymember Weprin, 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:Ayes, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 727, Senate Print 6010, by Senator Baskin, an act to amend the Economic Development Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 4. 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 727, voting in the negative: Senator Walczyk.
Ayes, 58. Nays, 1.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 742, Assembly Bill Number 6264, by Assemblymember Stern, an act to amend the Economic Development Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the first of April.
ACTING PRESIDENT MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Announce the results.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 754, Assembly Bill Number 3790, by Assemblymember Weprin, an act to amend the Executive 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 Cooney to explain his vote.
SENATOR COONEY:Thank you, Madam President.
I want to thank the bill's sponsor, Senator Jackson, for this incredibly important piece of legislation, certainly ensuring that properly trained firefighters are performing high-risk interior operations.
I heard directly from fire departments, certainly in the district I represent, but I'm sure many of my colleagues heard from their fire departments as well, that this is a commonsense, low-cost measure that boosts public safety, supports local fire departments, and improves statewide transparency, modernizing our recordkeeping practices to ensure that those who are most qualified to perform these most dangerous tasks are the ones doing so.
Madam President, I vote aye.
ACTING PRESIDENT MAYER:Senator Cooney to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar 754, voting in the negative are Senators Borrello, Canzoneri-Fitzpatrick, Helming, Mattera, O'Mara, Ortt, Rhoads, Walczyk, Weber and Weik.
Ayes, 49. Nays, 10.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 757, Senate Print 3560, by Senator Cleare, an act to amend the Public Authorities 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 757, voting in the negative are Senators Ashby, Borrello, Canzoneri-Fitzpatrick, Chan, Griffo, Helming, Lanza, Martins, Mattera, Oberacker, O'Mara, Ortt, Rhoads, C. Ryan, Stec, Tedisco, Walczyk, Weber and Weik.
Ayes, 40. Nays, 19.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 769, Senate Print 4408, by Senator May, an act to amend the Environmental Conservation 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 769, voting in the negative are Senators Ashby, Borrello, Canzoneri-Fitzpatrick, Chan, Griffo, Helming, Lanza, Martins, Mattera, Oberacker, O'Mara, Ortt, Rhoads, Stec, Tedisco, Walczyk, Weber and Weik.
Ayes, 41. Nays, 18.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 923, Assembly Bill Number 1572, by Assemblymember Weprin, an act to amend the Insurance 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 923, 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, 38. Nays, 21.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 927, Assembly Bill Number 7906A, by Assemblymember Hunter, an act to amend the Insurance Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 5. This act shall take effect on the same date and in the same manner as Chapter 758 of the Laws of 2022.
ACTING PRESIDENT MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Announce the results.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 965, Senate Print 6685, by Senator Cleare, an act to amend the New York City Health and Hospitals Corporation Act.
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, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 977, Senate Print 2117, by Senator Fahy, an act to amend the Real Property Actions and Proceedings Law.
ACTING PRESIDENT MAYER: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 MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Announce the results.
THE SECRETARY:In relation to Calendar 977, 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, 38. Nays, 21.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1077, Senate Print 7678A, by Senator Mayer, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT MAYER:There's a home-rule message at the desk.
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 MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Announce the results.
THE SECRETARY:In relation to Calendar 1077, voting in the negative are Senators Bynoe and Martinez.
Ayes, 57. Nays, 2.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1084, Senate Print 3294A, by Senator Cooney, an act to amend the Cannabis Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 12. 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 1084, voting in the negative are Senators Ashby, Borrello, Bynoe, Canzoneri-Fitzpatrick, Chan, Gallivan, Helming, Martinez, Martins, Mattera, Oberacker, O'Mara, Ortt, Palumbo, Rhoads, Stec, Tedisco, Walczyk, Weber and Weik.
Ayes, 39. Nays, 20.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1113, Senate Print 3460, by Senator Gounardes, an act to amend the Labor Law.
ACTING PRESIDENT MAYER: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 MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Announce the results.
THE SECRETARY:In relation to Calendar 1113, 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, 38. Nays, 21.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1115, Senate Print 4467, by Senator Mayer, an act to amend the Workers' Compensation 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:Ayes, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1126, Senate Print Number 3043A, by Senator Hoylman-Sigal, an act to amend the Real Property Actions and Proceedings 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 1126, voting in the negative are Senators Borrello, Chan, Gallivan, Griffo, Helming, Martins, Mattera, Oberacker, O'Mara, Palumbo, Rolison, Tedisco, Walczyk, Weber and Weik. Also Senator Canzoneri-Fitzpatrick.
Ayes, 43. Nays, 16.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1130, Senate Print 5708, by Senator Skoufis, an act to amend the General Business 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:In relation to Calendar 1130, voting in the negative are Senators Gallivan and Borrello.
Ayes, 57. Nays, 2.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1156, Assembly Bill Number 8165, by Assemblymember Burdick, an act to amend the General Municipal Law.
ACTING PRESIDENT MAYER:There is a home-rule message at the desk.
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 1156, voting in the negative: Senator Skoufis.
Ayes, 58. Nays, 1.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1161, Assembly Bill Number 4683, by Assemblymember Paulin, 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:Announce the results.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1165, Assembly Bill Number 8023A, by Assemblymember Kassay, an act to amend the Civil Service 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 May to explain her vote.
SENATOR MAY:Thank you, Madam President.
I am proud to vote for this bill. We in my office affectionately call it Steve's Bill, because Steve Gamache, of the Legislative Commission on Rural Resources, was meeting with rural municipal leaders on workforce issues and they told him that one of the biggest problems they had was getting the word out about job openings that they had. They had no centralized way to do this.
And Steve came up with a very elegant solution, which was to create a portal in the Department of Civil Service's state jobs website where local governments could upload job listings as well.
Local governments are really excited about this, and I'm proud that it has come to the floor. And I happily vote aye.
ACTING PRESIDENT MAYER:Senator May to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT MAYER:And the bill is passed.
THE SECRETARY:Calendar Number 1189, Assembly Bill Number 4727, by Assemblymember Bronson, an act to amend the Workers' Compensation 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 1189, voting in the negative are Senators Borrello, Rhoads and Walczyk.
Ayes, 56. Nays, 3.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1231, Senate Print 2329, by Senator Rivera, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT MAYER: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 MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Senator Rivera to explain his vote.
SENATOR RIVERA:Thank you, Madam President.
I want to thank the leader for allowing this bill to come to the floor, but also Community Board 6 in the Bronx.
This is actually an issue that certainly happens all around our state, but in this case we're dealing with something that is strictly in the city, so this does not impact anywhere else in the state.
But what Community Board 6 found, Madam President, was that along Jerome Avenue in my district, there was a whole host of auto repair shops that were popping in and out, popping on and off, and then taking over all the space on the sidewalk, making things unsafe and dirty, et cetera.
And all this bill does is it allows in the City of New York for community boards to do a process very much like what happens with liquor licenses. In the case of community boards across the City of New York, they get to weigh in on the issue of whether they want certain establishments to offer alcohol, and they weigh whether they want -- they have enough of them, et cetera.
And in this case this would create a similar process as it relates to auto body shops.
This is not something that is against small businesses. Instead, we have many responsible shop owners who are in agreement with this bill.
And I am looking forward to getting it implemented because, again, I believe that in the City of New York community boards should have a role in determining whether these types of establishments come to their neighborhood, and if they do, if they follow all the rules and everything is fine, then everything can go forward. And I'm hoping that we can get it done.
Thank you, Madam President. I vote in the affirmative.
ACTING PRESIDENT MAYER:Senator Rivera to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar 1231, voting in the negative are Senators Ashby, Borrello, Chan, Gallivan, Griffo, Lanza, Martins, Oberacker, O'Mara, Ortt, Rhoads, Stec, Tedisco, Walczyk and Weber.
Ayes, 44. Nays, 15.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1260, Assembly Bill Number 1395, by Assemblymember Paulin, an act to amend the Public Health Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the first of January.
ACTING PRESIDENT MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Announce the results.
THE SECRETARY:In relation to Calendar 1260, voting in the negative are Senators Borrello, Chan, Lanza, Martinez, Oberacker, Tedisco and Walczyk.
Ayes, 52. Nays, 7.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1279, Senate Print 4640A, by Senator Fernandez, an act to amend the Public Health Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 4. 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 1279, voting in the negative are Senators Ashby, Borrello, Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming, O'Mara, Ortt, Stec and Walczyk.
Ayes, 49. Nays, 10.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1294, Senate Print 4509, by Senator Ramos, an act to amend the Workers' Compensation 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 1294, voting in the negative: Senator Walczyk.
Ayes, 58. Nays, 1.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1312, Assembly Bill Number 6609A, by Assemblymember Lunsford, an act in relation to authorizing Karol Hughes to take the competitive civil service examination for the position of police officer.
ACTING PRESIDENT MAYER:There is a home-rule message at the desk.
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:Ayes, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1318, Senate Print 4649A, by Senator Cooney, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 2. This act shall take effect January 1, 2026.
ACTING PRESIDENT MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Senator Cooney to explain his vote.
SENATOR COONEY:Thank you, Madam President.
This morning three DOT workers were hit in Steuben County, in Senator O'Mara's district. Two weeks ago we lost the life of Robert Bornt in a work zone doing his DOT work in Rensselaer County, in Senator Ashby's district.
Let me remind my colleagues it is our responsibility to keep highway workers and motorists safe on our state roadways. Highway workers put in the work every day to make sure our roads are safe for drivers and to get New Yorkers from Point A to Point B. We have to make sure that we're keeping them safe, the workers safe, while on the job so they can return home to their families at the end of the night. We owe it to them.
Unfortunately, we've experienced multiple fatal tragedies this year on our Thruway alone, with workers like Stephen Ebling and Vincent Giammarva tragically losing their lives while on the job.
A 2021 survey showed that nearly 40 percent of drivers ignore the "move over" laws that this legislative body passed. Meaning that they're not slowing down and they're not moving over to the next lane.
This isn't just for our highway workers, it's also for our police, our tow-truck drivers, even everyday drivers like you and I. When you see a vehicle on the side of the road, it is time to move over to the left-hand lane to promote safe driving for all.
I am proudly sponsoring this legislation to increase penalties for drivers who fail to move over. We have to send a message that this stops now. Stronger penalties are necessary to make it clear that moving over is not a choice, it is our responsibility as New York drivers.
Madam President, I vote aye.
ACTING PRESIDENT MAYER:Senator Cooney to be recorded in the affirmative.
Senator Oberacker to explain his vote.
SENATOR OBERACKER:Thank you, Madam President.
Again, as a cosponsor of this bill, I want to thank Senator Cooney for bringing it forward.
Again, I've said several times here on the floor sometimes we get it right. This one we've gotten right.
You know, I use the term -- I don't use the term. Let me preface that, Madam President. I don't use the term "common sense" anymore. I use a term called "country sense," because common sense isn't so common anymore.
And if you really think about it, and what Senator Cooney brought up, a lot of these incidences are up into the more rural and country areas that I represent and many others.
Folks, we need to slow down, we need to be aware, and we need to move over. Great bill. I proudly vote aye.
Thank you.
ACTING PRESIDENT MAYER:Senator Oberacker to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1340, Senate Print 614, by Senator Rivera, an act to amend the Social Services Law.
ACTING PRESIDENT MAYER: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 MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Senator Rivera to explain his vote.
SENATOR RIVERA:Thank you, Madam President.
I'm very proud to be voting in the affirmative on this bill. It is a bill we call the Transitional Reentry Health Act, Madam President.
There's many folks who are currently incarcerated who are going to come back to our communities. And that transition is a very tough one for many of them. As a matter of fact, data tells us that people are, in the first two weeks after being let -- after coming back home, people are 13 times more likely to die, and 130 times more likely to die of overdose in those two weeks when they come back.
Because the reality is that we can't be surprised that while everything happens while folks are incarcerated, there are folks who come back with high rates of illness, substance abuse disorder, and other health conditions.
So this bill would provide presumptive Medicaid eligibility for folks so that they can have that continuity of care. As they come back home so that they -- when they're looking for a job, they're looking for stability, this provides them the level of at least safety and knowing that they have medical services available to them. And this is an incredibly important thing that we've been trying to get done for a long time.
I should point out that this is something that would only be created with federal approval. But this bill would actually tell the state to go out and seek it.
And again, I just think it makes sense. It makes sense not only for saving money, but certainly for making it so that folks who are incarcerated and leaving these facilities, who are -- as we sometimes forget, Madam President -- overwhelmingly most of the people who are incarcerated will come back home.
We want to make sure that as they do that, they have some continuity of care. This bill would make sure that that happens. I'm proud to vote in the affirmative.
Thank you.
ACTING PRESIDENT MAYER:Senator Rivera to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar 1340, voting in the negative are Senators Borrello, Chan, Gallivan, Griffo, Helming, Lanza, Mattera, Oberacker, O'Mara, Ortt, Palumbo, Rhoads, Stec, Tedisco, Walczyk, Weber and Weik.
Ayes, 42. Nays, 17.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1343, Senate Print 1139, by Senator Gonzalez, an act to amend the State Technology Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 3. This act shall take effect one year after it shall have become a law.
ACTING PRESIDENT MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Senator Gonzalez to explain her vote.
SENATOR GONZALEZ:Thank you, Madam President.
Last year during the height of the budget process a cyberattack targeted the state's Legislative Bill Drafting Commission. This crucial body, entrusted with crafting and printing bills, found itself disabled, leaving us temporarily hanging in limbo.
The situation highlighted a significant problem. The most critical bodies of our state government remain alarmingly vulnerable to cybersecurity breaches.
As our government systems increasingly rely on digital systems for all functions, including communications and data storage, we desperately need stronger protections for sensitive information. Lapses in cybersecurity could hamper operations of our state's most critical systems, and as a state government readiness just isn't an option, it's an imperative.
The implementation of this bill of multifactor authentication for local and remote network access can significantly reduce the vulnerability of our government-run information systems. According to CISA, most network breaches come from weak or undersecured login credentials, and entities that use MFA are 99 percent less likely to be compromised than those without it.
We cannot let another year go by without this critical legislation, and that is exactly why I want to thank our leadership and this body for passing this multifactor authentication bill.
And with that, I enthusiastically vote aye. Thank you.
ACTING PRESIDENT MAYER:Senator Gonzalez to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar 1343, those Senators voting in the negative are Senators Borrello, Hinchey, C. Ryan and Walczyk.
Ayes, 55. Nays, 4.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1346, Senate Print 1996, by Senator Sanders, an act establishing the New York State Public Bank Commission to study the benefits of a public bank or a network of public banks owned by the State of New York.
ACTING PRESIDENT MAYER: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 MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Senator Borrello to explain his vote.
SENATOR BORRELLO:Thank you, Madam President.
This bill creates a commission to study whether or not we should create a study, is my understanding, on a public bank. But we're -- first of all, there's no Republican appointments on this, which I find, you know, troubling.
But more importantly, there's a cost associated with this. And we're going to have to hire a consultant to decide if we're going to hire another consultant to decide whether or not we want to study a public bank.
So I think this is kind of a waste of money, and I'll be voting no. Thank you.
ACTING PRESIDENT MAYER:Senator Borrello to be recorded in the negative.
Announce the results.
THE SECRETARY:In relation to Calendar 1346, 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, 38. Nays, 21.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1352, Senate Print 4271, by Senator Kavanagh, an act to amend the Banking Law.
ACTING PRESIDENT MAYER: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 MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Senator Canzoneri-Fitzpatrick to explain her vote.
SENATOR CANZONERI-FITZPATRICK:Thank you, Madam President.
And while I understand the need to further professionalize the consumer debt collection industry, I have some concerns about this legislation, its vagueness, its high cost, and its requirements that conflict with existing state law that will put an untenable strain on small businesses, which are 85 percent of this business. It's going to lead to further consolidation of the collection industry.
The bill is an unfunded mandate that the Department of Financial Services will really have no means to enforce what this bill requires.
And the bill is also vastly different from existing New York law for DFS licensees. With respect to preemption, no other DFS licensee must also be subjected to a separate New York City licensing regime, and this dual licensing requirement will be exceptionally onerous on small businesses.
With regard to bonding, no other DFS licensee has a bonding requirement. And this bill would require collection agencies to receive bonds based on gross profits of the licensee. Under the bill, the licensees would need to obtain a bond on a sliding scale ranging from $10,000 to $100,000.
And with regard to annual licensing requirements, all other DFS licenses are issued for life unless they are revoked by DFS or surrendered by the licensee.
This licensing bill would require collection agencies, and only collection agencies, to apply and receive an annual license.
So for those reasons, Madam President, I'm going to be voting in the negative. Thank you.
ACTING PRESIDENT MAYER:Senator Canzoneri-Fitzpatrick to be recorded in the negative.
Senator Kavanagh to explain his vote.
SENATOR KAVANAGH:Thank you, Madam President.
Just briefly, this is a great step that we're taking today. Thirty states in the United States license debt collectors because they understand that debt collectors can often engage in really onerous practices that affect the lives of New Yorkers and their own citizens every day.
By licensing debt collectors, we will allow DFS to have the tools necessary to properly enforce the laws, both federal and state credit laws and debt collection laws.
It is a fact that New York City has had a very long-standing licensing requirement and a whole regime to enforce that. So we are leaving that in place. But this bill will extend the kind of protections that residents of 30 states and the City of New York have to the rest of the state.
I appreciate the leadership for bringing this forward and my colleagues for supporting it today. Thank you. And I'll be voting aye.
ACTING PRESIDENT MAYER:Senator Kavanagh to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar 1352, voting in the negative are Senators Borrello, Canzoneri-Fitzpatrick, Chan, Gallivan, Griffo, Helming, Lanza, Ortt, Tedisco, Walczyk, Weber and Weik.
Ayes, 47. Nays, 12.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1358, Senate Print 6025, by Senator Brouk, an act to amend the Social Services Law.
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:In relation to Calendar 1358, voting in the negative are Senators O'Mara, Ortt, Walczyk, Weber and Weik.
Ayes, 54. Nays, 5.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1362, Assembly Bill Number 7360, by Assemblymember Pheffer Amato, an act to amend the Retirement and Social Security Law.
ACTING PRESIDENT MAYER:There is a home-rule message at the desk.
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:Ayes, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1370, Senate Print 5729, by Senator Harckham, an act to amend the Executive Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 3. 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:Ayes, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1402, Senate Print 6734, 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 immediately.
ACTING PRESIDENT MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Announce the results.
THE SECRETARY:In relation to Calendar 1402, voting in the negative are Senators Borrello, Chan, Martins, Oberacker, O'Mara, Ortt and Weik.
Ayes, 52. Nays, 7.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1408, Senate Print 1228C, by Senator Gianaris, an act to amend the General Business Law.
SENATOR GIANARIS:Lay it aside for the day.
ACTING PRESIDENT MAYER:The bill is laid aside for the day.
THE SECRETARY:Calendar Number 1412, Assembly Bill Number 5405, by Assemblymember Hunter, an act to amend the General Business 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 1412, voting in the negative: Senator Walczyk.
Ayes, 58. Nays, 1.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1414, Senate Print 6985, by Senator May, an act to amend the General Business Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 3. 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:In relation to Calendar 1414, voting in the negative are Senators Borrello, Chan, Helming, O'Mara, Ortt and Walczyk.
Ayes, 53. Nays, 6.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1425, Senate Print 8185, by Senator Salazar, an act to amend the Civil Practice Law and Rules.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 3. 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 1425, voting in the negative are Senators Walczyk and Lanza.
Ayes, 57. Nays, 2.
Also Senator Helming, pardon me.
Ayes, 56. Nays, 3.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1431, Assembly Bill Number 6613, by Assemblymember McDonald, an act to amend the Public Officers 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 1431, voting in the negative are Senators Martins and Oberacker.
Ayes, 57. Nays, 2.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1433, Senate Print 1130, by Senator May, an act to amend the Executive 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 1433, voting in the negative are Senators Ashby, Canzoneri-Fitzpatrick, Chan, Gallivan, Griffo, Lanza, Mattera, Palumbo, Rhoads, C. Ryan, Stec, Walczyk and Weik.
Ayes, 46. Nays, 13.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1438, Senate Print 3836, by Senator Hinchey, an act to amend the Alcoholic Beverage Control Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 4. 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:Ayes, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1439, Assembly Bill Number 4040A, by Assemblymember Lasher, an act to amend the Executive 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 Kavanagh to explain his vote.
SENATOR KAVANAGH:Thank you, Madam President.
This is a very important bill that basically establishes in New York State law the standard that has been applicable throughout the country for addressing concerns that people might be discriminating in housing.
It has been longstanding law throughout the country that if you can demonstrate that a practice has a disparate impact on a protected class of people, that you have a case of discrimination.
It is the -- at the federal level, that standard has recently been undermined. And because New York authorities have been able to enforce the federal law for a long time, it was not necessary to codify that in New York law.
This bill codifies that in New York law. It is effectively maintaining the status quo in housing discrimination. To my knowledge, no representative of the real estate industry or anybody else is opposing it today.
I urge my colleagues to join me in supporting this very basic standard upholding our notion that people should not face discrimination in housing.
Thank you. I'll be voting aye.
ACTING PRESIDENT MAYER:Senator Kavanagh to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar 1439, voting in the negative are Senators Borrello, Canzoneri-Fitzpatrick, Chan, Gallivan, Griffo, Helming, Lanza, Martins, Mattera, Oberacker, Ortt, Palumbo, Rhoads, Rolison, Tedisco, Walczyk, Weber and Weik.
Ayes, 41. Nays, 18.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1440, Assembly Bill Number 5973, by Assemblymember Jones, an act to amend the Public Officers 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 1440, voting in the negative are Senators Brisport, Fahy and Weik.
Ayes, 56. Nays, 3.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1454, Senate Print 8170, by Senator Kavanagh, 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 1454, voting in the negative are Senators Ashby, Canzoneri-Fitzpatrick, Gallivan and Senator Walczyk.
Ayes, 55. Nays, 4.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1501, Senate Print 7224, by Senator Persaud, an act to amend the Social Services Law.
SENATOR GIANARIS:Lay the bill aside for the day.
ACTING PRESIDENT MAYER:The bill is laid aside for the day.
THE SECRETARY:Calendar Number 1511, Senate Print 7713, by Senator Krueger, an act to amend the General Business Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 30th day after it shall have become a law.
ACTING PRESIDENT MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Senator Krueger to explain her vote.
SENATOR KRUEGER:Thank you very much.
So what this bill says is that when you go through an E-ZPass in our state -- that's the most common form of license plate tracking for data purposes -- that you can't sell that data to other states or give it to other states if they intend to use it for tracking purposes by law enforcement involving reproductive health.
Now, most people would go, What am I talking about? Why would we need this law? So I'll use one example. One woman in Texas got an abortion. It's not legal in that state, so of course she was traveling to another state, as is commonly happening throughout this country.
So a Texas cop used 83,000 cameras to track her down, to figure out where she was, where she had driven to on what days to try to connect that to the fact that she got an abortion outside the State of Texas.
Thousands of women in this country are now forced to leave their home state to go to other states, including ours, to get an abortion, because a fundamental health protection is no longer available to them.
And the concept, even though we have said in our laws we aren't going to cooperate with other states trying to track these women down, the states are doing it without even having to go through us.
So this would say, no, you can't provide this data to law enforcement so they can track any person to see whether they might be choosing reproductive healthcare somewhere else.
It's outrageous, and an important bill to pass. I hope people will vote yes.
Thank you, Madam President.
ACTING PRESIDENT MAYER:Senator Krueger to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar 1511, voting in the negative are Senators Ashby, Borrello, Canzoneri-Fitzpatrick, Chan, Gallivan, Griffo, Helming, Mattera, Oberacker, O'Mara, Ortt, Palumbo, Rhoads, Rolison, Stec, Tedisco, Walczyk, Weber and Weik.
Ayes, 40. Nays, 19.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1517, Assembly Bill Number 1365A, by Assemblymember Paulin, an act to amend the Public Health Law.
SENATOR LANZA:Lay it aside.
ACTING PRESIDENT MAYER:The bill is laid aside.
THE SECRETARY:Calendar Number 1520, Senate Print 595, by Senator Hinchey, an act to amend the Private Housing Finance 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 1520, voting in the negative are Senators Griffo, Walczyk and Weik. Also Senator Borrello.
Ayes, 55. Nays, 4.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1542, Assembly Bill Number 7907, by Assemblymember Seawright, an act to amend the Elder 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, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1550, Senate Print 7689A, by Senator Skoufis, an act to amend the Election Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 11. This act shall take effect on the 30th day after it shall have become a law.
ACTING PRESIDENT MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Senator Skoufis to explain his vote.
SENATOR SKOUFIS:Thank you very much, Madam President.
This bill looks to address something called the Federal Post Card Application, which are throughout the country governed by state laws and regulations. The FPCA is something prior to six months ago I'd never even heard of.
But upon digging into this issue, which relates to how overseas voters can cast ballots from wherever they are in the world, only 3.4 percent of eligible overseas voters actually cast a ballot and turned out in elections. And that's at least in the last midterm election, 2022, that statistic.
Meanwhile, in 2022, the national turnout for those living in the United States exceeded 60 percent.
And one of the reasons why we have in New York an even lower than a 3.4 percent overseas voter turnout number is because we have some of the most inaccessible FPCA laws in the country. We're one of only I believe four or five states that does not allow for electronic return of these FPCAs. So you've got to be able to go to a post office and do snail mail, and in some of these countries there are no post offices. There's no postal service to be able to get an FPCA back to New York.
Additionally, when you are casting your absentee ballot, you get it in the mail and you look to cast your ballot months later, you've got to include another copy of the FPCA in the envelope with your absentee ballot, a redundant copy of the FPCA which is already on file at the local board of election.
And so, you know, this will meaningfully increase turnout from overseas voters, including military voters who are serving our nation overseas.
And I look forward to casting my vote in the affirmative and encourage my colleagues to do the same.
Thank you.
ACTING PRESIDENT MAYER:Senator Skoufis to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar 1550, 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, Walczyk, Weber and Weik.
Ayes, 39. Nays, 20.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1554, Senate Print Number 7806, by Senator Canzoneri-Fitzpatrick, an act to amend Chapter 676 of the Laws of 1978.
ACTING PRESIDENT MAYER:There's a home-rule message at the desk.
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 1554, voting in the negative: Senator Fahy.
Ayes, 58. Nays, 1.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1574, Assembly Bill Number 8591, by Assemblymember Schiavoni, an act to amend Chapter 387 of the Laws of 2013.
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 1574, voting in the negative: Senator Skoufis.
Ayes, 58. Nays, 1.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1588, Senate Print 8275, by Senator Griffo, an act to amend Chapter 332 of the Laws of 2019.
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 1588, voting in the negative are Senators Canzoneri-Fitzpatrick, Harckham, Lanza, Martinez, C. Ryan, Scarcella-Spanton, Skoufis and Weik.
Ayes, 51. Nays, 8.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Also -- pardon me. Also Senator Chan.
Ayes, 50. Nays, 9.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1594, Assembly Bill Number 8154, by Assemblymember Braunstein, an act to amend the Executive 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 1594, voting in the negative are Senators Ashby, Lanza and Walczyk.
Ayes, 56. Nays, 3.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1595, Senate Print 8321, by Senator Rolison, an act to amend Chapter 339 of the Laws of 2023.
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 1595, voting in the negative are Senators Canzoneri-Fitzpatrick, Harckham, Lanza, Martinez, C. Ryan, Scarcella-Spanton, Skoufis and Weik.
Ayes, 51. Nays, 8.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1610, Senate Print 3207A, by Senator Kavanagh, an act to amend the Public Health Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 2. This act shall take effect one year 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:In relation to Calendar 1610, voting in the negative are Senators Borrello, Lanza and Weik.
Ayes, 56. Nays, 3.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1611, 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.
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.
This bill is a very simple bill. If you are 17 and you turn 18 prior to when the general election is going to be undertaken, you will be able to vote in the primary election for state, county, city and village primaries. Very simple.
But it's interesting, I see people voting no. And all of us bring young people regularly in this chamber, and we profess the importance of civic importance in education. We fund their programs, we laud them for the great work they do. But if they're 17 and they happen to turn 18 before the regular general election, we don't want them to vote in the primary.
So I'm going to break this down. Twenty-one states already do this, Madam President, including liberal bastions such as Mississippi, West Virginia, Nebraska and Indiana. As a matter of fact, Madam President, if we were to do this in a red or a blue state, if you looked at the Electoral College in 2024, 11 of the 21 states that do this voted for President Trump.
But, you know, we want to make sure that everybody's voice is heard and vote is counted. And so by the year 2028, millennials and Gen Z voters will account for half of the electorate. Why do we not want younger people to be involved in the process?
In New York City, 16-year-olds can now be members of community boards, and it has spiked youth engagement.
We want young people to be able to populate these seats one day. But they can't do it if they can't see it. And the reason how they start seeing it, they start practicing by voting early.
I vote aye, Madam President. And hopefully by the time this comes around next year some of my colleagues decide to vote in the affirmative. I vote aye.
ACTING PRESIDENT MAYER:Senator Lanza to explain his vote.
SENATOR LANZA:Yes, Madam President. You know, I agree with everything Senator Bailey said with respect to 17-year-olds finding themselves in that gap where they'll be 18 years old at the time of the general election.
My concern -- and if I'm incorrect, then perhaps I'm not concerned. But there's also a provision in the legislation as I read it that says that the 30-day period of time that you must reside in the state is removed in this legislation.
Which means, if I'm correct in my reading, that you can come from another state for a day, vote, and then go back to where you were. Which means, in essence, you're not a New Yorker.
And so to the sponsor, Madam President, that's my concern. That's why I'll be voting down. If this was simply about allowing 17-year-olds vote in advance of them becoming -- being 18 in the general, I would be in favor.
But for the reason I stated, I'm in the negative.
ACTING PRESIDENT MAYER:Senator Lanza to be recorded in the negative.
Announce the results.
THE SECRETARY:In relation to Calendar 1611, voting in the negative are Senators Ashby, Borrello, Canzoneri-Fitzpatrick, Chan, Gallivan, Griffo, Helming, Lanza, Mattera, Oberacker, O'Mara, Palumbo, Rhoads, Rolison, Stec, Tedisco, Walczyk, Weber and Weik.
Ayes, 40. Nays, 19.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1612, Senate Print 3256A, by Senator Cooney, an act to amend the Parks, Recreation and Historic Preservation Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 3. 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:Senator Cooney to explain his vote.
SENATOR COONEY:Thank you, Madam President.
In 2022, tragedy struck for Casey Eldred when he was hit head-on by another snowmobiler who was found to be under the influence. Casey tragically lost his life, leaving behind his children and his family.
Since then, Casey's family, including his mother, my constituent, Phyllis Romano-Eldred, have been pushing for change to honor Casey's life but also to help increase safety for all New Yorkers. And that's where this bill comes into play.
By establishing the crime of aggravated snowmobiling while intoxicated and raising those financial penalties, we are sending a clear message that snowmobiling while under the influence is unacceptable.
With this bill we're aligning our snowmobile intoxication with existing levels in our laws by operating a vehicle while intoxicated. Operating a snowmobile should be treated the same way as if you were driving a car.
We have to ensure that a tragedy like Casey's never happens in our state again, and we have to ensure that no one has to fear for their life while enjoying snowmobiling on the many trails that New York offers.
Madam President, in Casey's honor I vote aye.
ACTING PRESIDENT MAYER:Senator Cooney to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1615, Assembly Bill Number 4014, by Assemblymember McDonald, an act to amend the County Law.
ACTING PRESIDENT MAYER: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 MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Announce the results.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1626, Senate Print 5168, by Senator Rolison, 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 1626, voting in the negative: Senator Martinez.
Ayes, 58. Nays, 1.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1630, Senate Print 5516A, by Senator Hinchey, an act to amend the Railroad Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 30th 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:In relation to Calendar 1630, voting in the negative: Senator Walczyk.
Ayes, 58. Nays, 1.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1633, Senate Print 6035, by Senator Parker, an act to amend the Elder 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:Ayes, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1639, Senate Print 6959, by Senator Hinchey, an act to amend the Social Services Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of April.
ACTING PRESIDENT MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Announce the results.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1641, Senate Print 7111A, by Senator Harckham, an act to amend the Election 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 1641, 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, 38. Nays, 21.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1642, Assembly Bill Number 7312, by Assemblymember Woerner, an act authorizing the Commissioner of General Services to transfer and convey certain lands in the Town of Wilton, County of Saratoga, to the Veterans and Community Housing Coalition.
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 Fahy to explain her vote.
SENATOR FAHY:Thank you, Madam Speaker.
I'm rising to vote in the affirmative on this important legislation and commend the sponsor for his work on this in support of veterans and community housing, which is so critical for our veterans who we owe an immense debt of gratitude to.
And today I want to note, given the significance of passing this bill today, it reminds me of one of our probably most distinguished veterans here in the Capital Region, and that is Sergeant Henry Johnson.
Just yesterday we learned that the fort that had been named in his honor is about to be rechanged again, back to the original name.
Let me back up and say Sergeant Henry Johnson was a Medal of Honor recipient right from here in Albany. He was a World War I veteran, and President Theodore Roosevelt described him as one of the five bravest Americans to ever serve in World War I.
Yet it took decades of work to get him that Medal of Honor, including by Senator Schumer. In 2023, a bipartisan commission renamed Fort Polk after Henry Johnson, in honor of his service.
That has just been changed again back to Fort Polk, who was a Confederate general.
I just wanted to make note of it because I do think it's important that we honor all of our veterans. And while this bill is helping to serve current veterans, it is important that we remember the extraordinary history. And he was not recognized in his lifetime after World War I because of the color of his skin. He was a Black Medal of Honor winner.
And with that, again, I support this important legislation and honor all of our veterans.
Thank you, Madam Speaker.
ACTING PRESIDENT MAYER:Senator Fahy to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1645, Senate Print 7541, by Senator Bynoe, an act to amend the Real Property Law.
ACTING PRESIDENT MAYER: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 MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Announce the results.
THE SECRETARY:In relation to Calendar 1645, voting in the negative: Senator Oberacker.
Ayes, 58. Nays, 1.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1647, Senate Print 7690, by Senator Gianaris, an act to amend the Public Health Law.
ACTING PRESIDENT MAYER: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 MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Announce the results.
THE SECRETARY:In relation to Calendar 1647, voting in the negative are Senators Chan, Lanza, Walczyk and Weik.
Ayes, 55. Nays, 4.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1649, Senate Print 7728, by Senator Skoufis, an act to amend the Public Health 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:Ayes, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1652, Senate Print 7980, by Senator Gounardes, 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 1652, voting in the negative are Senators Ashby, Borrello, Canzoneri-Fitzpatrick, Chan, Griffo, Helming, Lanza, Martins, Mattera, O'Mara, Ortt, Palumbo, Rhoads, Rolison, Stec, Walczyk and Weik.
Ayes, 42. Nays, 17.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1655, Senate Print 8197, by Senator Brisport, an act to amend the Family Court Act.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 7. 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:In relation to Calendar 1655, voting in the negative are Senators Borrello, Griffo, Oberacker, Rhoads and Stec.
Ayes, 54. Nays, 5.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1656, Senate Print 8201A, by Senator Martins, an act to amend Chapter 280 of the Laws of 2016.
ACTING PRESIDENT MAYER:There is a home-rule message at the desk.
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 1656, voting in the negative: Senator Brisport.
Ayes, 58. Nays, 1.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1657, Senate Print 8237, by Senator Parker, an act to amend the Public Authorities Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 5. 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 1657, voting in the negative are Senators Borrello, Lanza, O'Mara, Ortt and Walczyk.
Ayes, 54. Nays, 5.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1658, Senate Print 8238, by Senator Addabbo, an act to amend the Racing, Pari-Mutuel Wagering and Breeding 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, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1659, Senate Print 8255, by Senator Serrano, an act to amend the State Finance 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:Ayes, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1660, Assembly Bill Number 8299, by Assemblymember Lavine, an act to amend the Domestic Relations Law.
ACTING PRESIDENT MAYER: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 MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Senator Webb to explain her vote.
SENATOR WEBB:Thank you, Madam President. I rise to explain my vote.
This legislation will strengthen the protections already in place during divorce proceedings. Given the unanimous approval, it sounds likes this is resonating with a lot of folks.
But right now our law includes what's called automatic orders, which are rules which prevent either spouses from moving money around or selling property once a divorce case begins. These orders help make sure the process is fair, and they stop one side from hurting the other financially.
There are two problems in the current law, and this bill attempts to fix them.
First, it doesn't require a spouse to tell the other if something happens such as a foreclosure, a bankruptcy, or a lawsuit that could affect the couple's property. That means one person could get a legal notice and the other might not even -- would never know even if their home is at risk.
This legislation would change that by requiring one spouse to tell the other within 10 days if a notice is given.
Madam President, second, the law says these automatic orders stay in place during the case, but that wording has caused confusion. Some people think the rules end once the trial is over or even if the judge hasn't issued a decision yet. That period in between can last weeks or even months.
These are practical and necessary updates to a law that already does a lot of good. They close loopholes, prevent misunderstandings, and help people going through divorce avoid even more stress and financial harm.
I 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.
Announce the results.
THE SECRETARY:In relation to Calendar 1660, voting in the negative are Senators Gallivan, Griffo, O'Mara, Ortt, Stec, Tedisco, Walczyk and Weik. Also Senator Canzoneri-Fitzpatrick.
Ayes, 50. Nays, 9.
ACTING PRESIDENT PERSAUD:The bill is passed.
Senator Gianaris, that completes the reading of today's active list.
SENATOR GIANARIS:Thank you, Madam President.
At this time I believe there's a report of the Rules Committee at the desk. Can we take that up, please.
(Pause.)
SENATOR GIANARIS:Madam President, it occurs to me that five bills on the supplemental calendar were laid aside in Rules.
And so as we go through the calendar, Calendar Numbers 1820, 1827, 1860, 1861, and 1863 were on the calendar in error. So we'll just skip over those when we do the calendar, please.
ACTING PRESIDENT PERSAUD:The Secretary will read.
THE SECRETARY:Senator Stewart-Cousins, from the Committee on Rules, reports the following bills:
Senate Print 277A, by Senator Skoufis, an act to amend the Town Law;
Senate Print 278, by Senator Skoufis, an act to amend the Social Services Law;
Senate Print 441A, by Senator Myrie, an act to amend the Election Law;
Senate Print 1012A, by Senator Brouk, an act to amend the Public Service Law;
Senate Print 1162A, by Senator Krueger, an act to amend the General Business Law;
Senate Print 1280B, by Senator Krueger, an act to amend the General Business Law;
Senate Print 1343A, by Senator Parker, an act to amend the Environmental Conservation Law;
Senate Print 1455A, by Senator Kavanagh, an act to amend the Executive Law;
Senate Print 2105A, by Senator Cooney, an act to amend the Insurance Law;
Senate Print 2457B, by Senator Ramos, an act to amend the Public Authorities Law;
Senate Print 3073A, by Senator Gianaris, an act to amend the Agriculture and Markets Law;
Senate Print 3103, by Senator Cooney, an act directing the Commissioner of Motor Vehicles to conduct a study of official inspection stations;
Senate Print 3243A, by Senator Cooney, an act to amend the Social Services Law;
Senate Print 3282A, by Senator S. Ryan, an act in relation to authorizing the discontinuance of certain parklands in the Town of Amherst;
Senate Print 3488, by Senator Jackson, an act to amend the Retirement and Social Security Law;
Senate Print 4045C, by Senator Gounardes, an act to amend the Vehicle and Traffic Law;
Senate Print 4552A, by Senator Fahy, an act to amend the Public Health Law;
Senate Print 4599, by Senator Jackson, an act to amend the Retirement and Social Security Law;
Senate Print 5003, by Senator Hinchey, an act to amend the Public Authorities Law;
Senate Print 5381B, by Senator Harckham, an act to amend the Public Health Law;
Senate Print 5525, by Senator Harckham, an act to amend the General Municipal Law;
Senate Print 5536, by Senator Mattera, an act authorizing the County of Suffolk to alienate certain lands used as parklands;
Senate Print 5557A, by Senator May, an act in relation to authorizing the Jamesville-DeWitt Central School District to discontinue the use of school district-owned parklands;
Senate Print 5568B, by Senator Fahy, an act to amend the Transportation Law;
Senate Print 5726, by Senator Skoufis, an act to amend the Retirement and Social Security Law;
Senate Print 5759C, by Senator Harckham, an act to amend the Environmental Conservation Law;
Senate Print 5928, by Senator Martins, an act granting retroactive membership with Tier IV status in the New York State and Local Employees' Retirement System to Dawn Ward;
Senate Print 6573A, by Senator Hinchey, an act to amend the Agriculture and Markets Law;
Senate Print 6626A, by Senator Baskin, an act to amend the Economic Development Law;
Senate Print 6627, by Senator Canzoneri-Fitzpatrick, an act to amend the Vehicle and Traffic Law;
Senate Print 6690, by Senator Cooney, an act to authorize the County of Monroe to offer an optional 20-year retirement plan to Christopher R. Fay;
Senate Print 6691, by Senator Cooney, an act to authorize the County of Monroe to offer an optional 20-year retirement plan to Gregory M. Prokop;
Senate Print 6692, by Senator Cooney, an act to authorize the County of Monroe to offer an optional 20-year retirement plan to Carl J. Zimmerman;
Senate Print 7054, by Senator Cooney, an act to authorize the granting of retirement service credit in the optional 20-year retirement plan to Duane A. Palma;
Senate Print 7384, by Senator C. Ryan, an act in relation to authorizing the Onondaga County Sheriffs Department, in the County of Onondaga, to offer the optional 20-year retirement plan to Deputy Sheriffs Brittany E. Dorn, Noah C. Hunt, Daniel D. Lorenzini, Gordon J. Lopez, Tre C. Fesinger, Christopher L. Van Dusen.
Senate Print 7493A, by Senator Ortt, an act in relation to authorizing the Town of Niagara to alienate and discontinue the use of certain parklands;
Senate Print 7500A, by Senator Harckham, an act to amend the Vehicle and Traffic Law;
Senate Print 7501A, by Senator Mayer, an act to amend the General Municipal Law;
Senate Print 7537, by Senator Hinchey, an act authorizing the Town of Hurley to alienate certain parklands for use as a highway garage;
Senate Print 7538, by Senator Weber, an act in relation to authorizing the Village of Nyack to alienate and discontinue the use of certain parklands;
Senate Print 7606A, by Senator Mattera, an act to amend Chapter 7 of the Laws of 1955;
Senate Print 7638A, by Senator Hinchey, an act to amend the General Municipal Law;
Senate Print 7677A, by Senator Skoufis, an act to amend the Town Law;
Senate Print 7683, by Senator Helming, an act to amend the Alcoholic Beverage Control Law;
Senate Print 7785, by Senator Bailey, an act to amend the Vehicle and Traffic Law;
Senate Print 7791A, by Senator Harckham, an act to amend the Vehicle and Traffic Law;
Senate Print 7834A, by Senator Webb, an act in relation to authorizing the Town of Ithaca to alienate and discontinue the use of certain parklands;
Senate Print 7847, by Senator Webb, an act in relation to authorizing Kevin R. Noterfonzo to receive certain service credit under a 20-year retirement plan;
Senate Print 7848, by Senator Webb, an act to authorize the County of Tompkins to offer an optional 20-year retirement plan to Bryan Jolly;
Senate Print 7849, by Senator Webb, an act in relation to authorizing the County of Tompkins to offer an optional 20-year retirement plan to Kyle Davenport;
Senate Print 7854, by Senator Palumbo, an act in relation to granting retroactive Tier II membership in the New York State and Local Police and Fire Retirement System to Giuseppe T. Rosini;
Senate Print 7873A, by Senator Palumbo, an act in relation to authorizing the Town of Brookhaven, County of Suffolk, to alienate and discontinue the use of certain parklands;
Senate Print 7899A, by Senator Hinchey, an act to amend the Public Authorities Law;
Senate Print 7911, by Senator Webb, an act in relation to authorizing Daniel H. Austic to receive certain service credit under a 20-year retirement plan;
Senate Print 8009A, by Senator Canzoneri-Fitzpatrick, an act in relation to authorizing the Village of Malverne to alienate and discontinue the use of certain parklands;
Senate Print 8041, by Senator Fahy, an act to amend Chapter 434 of the Laws of 2022;
Senate Print 8046A, by Senator Bynoe, an act to amend the Emergency Tenant Protection Act;
Senate Print 8063A, by Senator Gounardes, an act to amend the General City Law;
Senate Print 8088, by Senator Griffo, an act to authorize Scott Hoag to receive certain service credit under Section 384-d of the Retirement and Social Security Law;
Senate Print 8164, by Senator Weber, an act in relation to authorizing the County of Rockland to offer an optional 20-year retirement plan to John F. Leonard, Jr.;
Senate Print 8172B, by Senator Cleare, an act to amend the Correction Law;
Senate Print 8194, by Senator Helming, an act in relation to authorizing Heath A. Wadhams to take the competitive civil service examination for the position of police officer;
Senate Print 8208A, by Senator Weber, an act in relation to authorizing the County of Rockland to offer an optional 20-year retirement plan to Matthew Donovan;
Senate Print 8210A, by Senator Brouk, an act to amend the Executive Law;
Senate Print 8219, by Senator Webb, an act in relation to authorizing Mackenzie M. Covert to receive certain service credit under a 20-year retirement plan;
Senate Print 8390, by Senator Kavanagh, an act to amend subpart A of Part BB of Chapter 56 of the Laws of 2021;
Senate Print 8396, by Senator Gianaris, an act to amend Chapter 704 of the Laws of 1991.
All bills reported direct to third reading.
SENATOR GIANARIS:Move to accept the report of the Rules Committee.
ACTING PRESIDENT PERSAUD:All those in favor of accepting the report of the Rules Committee please signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT PERSAUD:Opposed, nay?
(Response of "Nay.")
ACTING PRESIDENT PERSAUD:The report of the Rules Committee is accepted.
Senator Gianaris.
SENATOR GIANARIS:I believe we have some messages from the Assembly.
ACTING PRESIDENT PERSAUD:The Secretary will read.
THE SECRETARY:Senator Skoufis moves to discharge, from the Committee on Children and Families, Assembly Bill Number 612 and substitute it for the identical Senate Bill 278, Third Reading Calendar 1794.
Senator Cooney moves to discharge, from the Committee on Insurance, Assembly Bill Number 3986A and substitute it for the identical Senate Bill 2105A, Third Reading Calendar 1801.
Senator Cooney moves to discharge, from the Committee on Transportation, Assembly Bill Number 468 and substitute it for the identical Senate Bill 3103, Third Reading Calendar 1804.
Senator S. Ryan moves to discharge, from the Committee on Rules, Assembly Bill Number 4030A and substitute it for the identical Senate Bill 3282A, Third Reading Calendar 1806.
Senator Harckham moves to discharge, from the Committee on Rules, Assembly Bill Number 6558A and substitute it for the identical Senate Bill 5381B, Third Reading Calendar 1812.
Senator Harckham moves to discharge, from the Committee on Local Government, Assembly Bill Number 810 and substitute it for the identical Senate Bill 5525, Third Reading Calendar 1813.
Senator May moves to discharge, from the Committee on Rules, Assembly Bill Number 3949A, and substitute it for the identical Senate Bill 5557A, Third Reading Calendar 1815.
Senator Fahy moves to discharge, from the Committee on Rules, Assembly Bill Number 3938B and substitute it for the identical Senate Bill 5568, Third Reading Calendar 1816.
Senator Skoufis moves to discharge, from the Committee on Rules, Assembly Bill Number 6756 and substitute it for the identical Senate Bill 5726, Third Reading Calendar 1817.
Senator Canzoneri-Fitzpatrick moves to discharge, from the Committee on Rules, Assembly Bill Number 7351 and substitute it for the identical Senate Bill 6627, Third Reading Calendar 1823.
Senator Cooney moves to discharge, from the Committee on Rules, Assembly Bill Number 6298 and substitute it for the identical Senate Bill 6690, Third Reading Calendar 1824.
Senator Cooney moves to discharge, from the Committee on Rules, Assembly Bill Number 6274 and substitute it for the identical Senate Bill 6691, Third Reading Calendar 1825.
Senator Cooney moves to discharge, from the Committee on Rules, Assembly Bill Number 6300 and substitute it for the identical Senate Bill 6692, Third Reading Calendar 1826.
Senator Cooney moves to discharge, from the Committee on Rules, Assembly Bill Number 6279 and substitute it for the identical Senate Bill 7054, Third Reading Calendar 1828.
Senator Ryan moves to discharge, from the Committee on Rules, Assembly Bill Number 7934 and substitute it for the identical Senate Bill 7384, Third Reading Calendar 1829.
Senator Harckham moves to discharge, from the Committee on Rules, Assembly Bill Number 8227A and substitute it for the identical Senate Bill 7500A, Third Reading Calendar 1831.
Senator Hinchey moves to discharge, from the Committee on Rules, Assembly Bill Number 8146 and substitute it for the identical Senate Bill 7537, Third Reading Calendar 1833.
Senator Mattera moves to discharge, from the Committee on Rules, Assembly Bill Number 6956A and substitute it for the identical Senate Bill 7606A, Third Reading Calendar 1835.
Senator Webb moves to discharge, from the Committee on Rules, Assembly Bill Number 8371A and substitute it for the identical Senate Bill 7834A, Third Reading Calendar 1841.
Senator Fahy moves to discharge, from the Committee on Rules, Assembly Bill Number 8620 and substitute it for the identical Senate Bill 8041, Third Reading Calendar 1850.
Senator Gounardes moves to discharge, from the Committee on Rules, Assembly Bill Number 8676 and substitute it for the identical Senate Bill 8063A, Third Reading Calendar 1852.
Senator Griffo moves to discharge, from the Committee on Rules, Assembly Bill Number 8489 and substitute it for the identical Senate Bill 8088, Third Reading Calendar 1853.
ACTING PRESIDENT PERSAUD:So ordered.
(Pause.)
SENATOR GIANARIS:Madam President, let's take up the supplemental calendar at this time.
ACTING PRESIDENT PERSAUD:The Secretary will read.
THE SECRETARY:Calendar Number 1793, Senate Print 277A, by Senator Skoufis, an act to amend the Town Law.
ACTING PRESIDENT PERSAUD:Read the last section.
THE SECRETARY:Section 4. 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 1793, voting in the negative are Senators Ashby, Borrello, Canzoneri-Fitzpatrick, Chan, Gallivan, Griffo, Helming, Martinez, Martins, Mattera, Oberacker, O'Mara, Ortt, Rhoads, Scarcella-Spanton, Stec, Tedisco, Weber and Weik.
Ayes, 40. Nays, 19.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1794, Assembly Bill Number 612, by Assemblymember Hevesi, 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 1794, voting in the negative: Senator Ortt.
Ayes, 58. Nays, 1.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1795, Senate Print 441A, by Senator Myrie, an act to amend the Election Law.
ACTING PRESIDENT PERSAUD:Read the last section.
THE SECRETARY:Section 2. 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:Announce the results.
THE SECRETARY:In relation to Calendar 1795, voting in the negative are Senators Borrello, Canzoneri-Fitzpatrick, Chan, Gallivan, Griffo, Martins, O'Mara, Ortt, Rhoads, Stec, Walczyk and Weik.
Ayes, 47. Nays, 12.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1796, Senate Print 1012A, by Senator Brouk, an act to amend the Public Service Law.
ACTING PRESIDENT PERSAUD:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 90th 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 1796, voting in the negative: Senator Walczyk.
Ayes, 58. Nays, 1.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1797, Senate Print 1162A, by Senator Krueger, an act to amend the General Business Law.
ACTING PRESIDENT PERSAUD: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 PERSAUD:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT PERSAUD:Announce the results.
THE SECRETARY:In relation to Calendar 1797, voting in the negative are Senators Ashby, Borrello, Canzoneri-Fitzpatrick, Chan, Gallivan, Griffo, Helming, Lanza, Martins, Mattera, Oberacker, O'Mara, Ortt, Rolison, Stec, Tedisco, Weber and Weik.
Ayes, 41. Nays, 18.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1798, Senate Print 1280B, by Senator Krueger, an act to amend the General Business Law.
ACTING PRESIDENT PERSAUD:Read the last section.
THE SECRETARY:Section 4. 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 Krueger to explain her vote.
SENATOR KRUEGER:Thank you very much, Madam President.
I doubt I'm going to convince my colleagues here who are voting no to vote yes. But I just want to ask you, after session, when you have some time, read through the endless bill memos of support by medical and scientific -- bless you, whoever's sneezing -- experts.
This is not a banning-gas-stoves bill. It does not ban anything from being sold. It is an educational document, like we use for other appliances and cigarettes, warning you of the risks of indoor gas stoves without the correct ventilation. And these are real health hazards, particularly for older people, for children, for people with respiratory illnesses. And all this bill does is let them have some information so that they can make their own decision.
I vote yes. Thank you, Madam President.
ACTING PRESIDENT PERSAUD:Senator Krueger to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar 1798, voting in the negative are Senators Ashby, Borrello, Canzoneri-Fitzpatrick, Chan, Cooney, Gallivan, Helming, Lanza, Martins, Mattera, O'Mara, Ortt, Rhoads, Rolison, S. Ryan, Scarcella-Spanton, Skoufis, Stec, Tedisco, Walczyk, Weber and Weik. And Senator Griffo.
Ayes, 36. Nays, 23.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1799, Senate Print 1343A, by Senator Parker, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT PERSAUD:Read the last section.
THE SECRETARY:Section 4. 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 1799, voting in the negative are Senators Borrello, Brisport, Gallivan, Griffo, Helming, Krueger, Lanza, Mattera, May, Oberacker, O'Mara, Ortt, Salazar, Stec, Walczyk, Webb and Weik.
Ayes, 42. Nays, 17.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1800, Senate Print 1455A, by Senator Kavanagh, an act to amend the Executive Law.
ACTING PRESIDENT PERSAUD:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT PERSAUD:Call the roll.
(The Secretary called the roll.)
(Pause.)
SENATOR GIANARIS:Madam President.
ACTING PRESIDENT PERSAUD:Senator Gianaris.
SENATOR GIANARIS:I believe the bill before us now was amended just Monday, so it's high and should be laid aside until tomorrow.
ACTING PRESIDENT PERSAUD:Calendar 1800 is high and will be laid aside for the day.
THE SECRETARY:Calendar Number 1801, Assembly Bill Number 3986A, by Assemblymember Bores, an act to amend the Insurance Law.
ACTING PRESIDENT PERSAUD: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 PERSAUD:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT PERSAUD:Senator Cooney to explain his vote.
SENATOR COONEY:Thank you, Madam President.
This bill would give physicians, dentists and other providers a meaningful choice to make whether to accept virtual credit card payments or to reject it and demand payments be made through traditional no-cost electronic funds transfer or payment papers.
It also guarantees that the physician, the dentist or the provider has the right to change their mind at a later date in writing and require a health plan to honor it by requiring the provider to elect to agree to a payment by virtual credit card. They can't simply bury it in a dense provider contract.
I want to thank the Majority Leader for bringing this bill to the floor.
And with that, Madam President, I vote aye.
ACTING PRESIDENT PERSAUD:Senator Cooney to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1802, Senate Print 2457B, by Senator Ramos, an act to amend the Public Authorities 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 1802, voting in the negative are Senators Martins, Oberacker and Walczyk.
Ayes, 56. Nays, 3.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1803, Senate Print 3073A, by Senator Gianaris, an act to amend the Agriculture and Markets Law.
ACTING PRESIDENT PERSAUD: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 PERSAUD:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT PERSAUD:Announce the results.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1804, Assembly Bill Number 468, by Assemblymember Magnarelli, an act directing the Commissioner of Motor Vehicles to conduct a study of official inspection stations.
ACTING PRESIDENT PERSAUD:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 30th 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, 59.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1805, Senate Print 3243A, by Senator Cooney, 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:Senator Cooney to explain his vote.
SENATOR COONEY:Thank you, Madam President.
When we talk about equity, one of the areas that is too often neglected is access to dental care in New York. According to the American Dental Association, about one-third of Americans don't visit the dentist due to barriers to care. These barriers are especially prevalent in low-income communities, to worse overall health outcomes for those who need it most.
In my district and perhaps in some of my colleagues' districts, it can take two to three years for a patient to have access to their dentist.
Children who receive dental care perform better in school, as they don't need to miss vital school hours for emergency health procedures. The same is true for those New Yorkers on Medicaid. Very few dental providers accept Medicaid anymore. I talked to all of my colleagues about this issue in their districts.
One of the exceptions in my district is the University of Rochester, who has made equitable access to care one of their top priorities. This bill is about supporting their work and embracing innovation and technology and continuing to expand dental coverage to those who need it most.
This bill creates a five-year demonstration program in Monroe County, where diagnostic services associated with the use of the Smart Teeth app can help identify tooth decay and would be reimbursed. If successful, this program could be rolled out statewide, helping address this issue in all of our districts.
I want to thank the Majority Leader for moving this bill.
And with that, Madam President, I vote aye.
ACTING PRESIDENT PERSAUD:Senator Cooney to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1806, Assembly Bill Number 4030A, by Assemblymember McMahon, an act in relation to authorizing the discontinuance of certain parklands in the Town of Amherst.
ACTING PRESIDENT PERSAUD:There is a home-rule message at the desk.
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 1806, voting in the negative: Senator Fahy.
Ayes, 58. Nays, 1.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1807, Senate Print 3488, by Senator Jackson, an act to amend the Retirement and Social Security Law.
ACTING PRESIDENT PERSAUD:There is a home-rule message at the desk.
Read the last section.
THE SECRETARY:Section 5. 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, 59.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1809, Senate Print 4552A, by Senator Fahy, an act to amend the Public Health Law.
ACTING PRESIDENT PERSAUD:Calendar 1808 is high and will be laid aside for the day.
(Pause.)
THE SECRETARY:Calendar Number 1809, Senate Print 4552A, by Senator Fahy, an act to amend the Public Health Law.
ACTING PRESIDENT PERSAUD:Read the last section.
THE SECRETARY:Section 5. 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, 59.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1810, Senate Print 4599, by Senator Jackson, an act to amend the Retirement and Social Security Law.
ACTING PRESIDENT PERSAUD:There is a home-rule message at the desk.
Read the last section.
THE SECRETARY:Section 4. 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, 59.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1811, Senate Print 5003, by Senator Hinchey, an act to amend the Public Authorities 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, 59.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1812, Assembly Bill Number 6558A, by Assemblymember Lunsford, an act to amend the Public Health Law.
SENATOR LANZA:Lay it aside.
ACTING PRESIDENT PERSAUD:Lay it aside.
THE SECRETARY:Calendar Number 1813, Assembly Bill Number 810, by Assemblymember Levenberg, an act to amend the General Municipal 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, 59.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1814, Senate Print 5536, by Senator Mattera, an act authorizing the County of Suffolk to alienate certain lands used as parkland.
ACTING PRESIDENT PERSAUD:There is 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:In relation to Calendar 1814, voting in the negative: Senator Fahy.
Ayes, 58. Nays, 1.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1815, Assembly Bill Number 3949A, by Assemblymember Hunter, an act in relation to authorizing the Jamesville-DeWitt Central School District to discontinue the use of school district-owned parklands.
ACTING PRESIDENT PERSAUD:There's a home-rule message at the desk.
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, 59.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1816, Assembly Bill Number 3938B, by Assemblymember Smullen, an act to amend the Transportation 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 Fahy to explain her vote.
SENATOR FAHY:Thank you. Thank you, Madam Speaker.
Today I rise to vote aye on this bill.
This bill I sponsored in memory of Assemblymember Robert Smullen's son, Alexander John -- or "AJ" -- Smullen, who devastatingly passed away just over a year ago after being hit by a car on February 22, 2024, and fought valiantly in the pediatric ICU before succumbing to this tragedy.
I am joined here today by Assemblymember Robert Smullen, who just passed the bill earlier this evening in the Assembly.
This legislation is a program to allow families or friends an opportunity to purchase a roadside sign to memorialize a victim of a fatal vehicle collision -- and to help, we hope, bring much needed closure for their grief.
These signs would serve to raise awareness, act as a reminder of the serious and often deadly consequences for impaired or reckless driving, which sadly took AJ Smullen, age 14 -- age 14 -- took his life last year.
We are going in the wrong direction here. Traffic fatalities continue to rise in New York State year after year.
In June 2024, Comptroller DiNapoli issued a report saying motor vehicle fatalities have risen by 26 percent just since 2019. Pedestrian deaths in those traffic fatalities equate to one-fourth -- one-fourth of them are of pedestrians, including AJ Smullen. One in three involves -- one in three of all these fatalities involves speeding. We heard about that earlier today from Senator Cooney.
Too many of us have seen the heartbreak of losing a family member to traffic violence, and we need to remind all to slow down to drive safe, and that lives do depend on it. We are in very much a similar club with having lost our only sons. And I truly hope that this measure -- and I deeply thank the leader for her support for this measure. And I thank Assemblymember Smullen for proposing this, and I truly hope that this brings some measure of solace to him and his wonderful family.
Thank you, Madam Speaker. And with that, I vote in the affirmative.
ACTING PRESIDENT PERSAUD:Senator Fahy to be recorded in the affirmative.
Senator Borrello to explain his vote.
SENATOR BORRELLO:Thank you, Madam President.
I'd also first like to extend my appreciation to the sponsor for this, and certainly to my friend Assemblyman Smullen for what he's done to turn his personal tragedy into something that may hopefully help others.
You know, unfortunately, it's hard to get these signs, these dedication signs done officially. I have one that's been in for a friend of mine's granddaughter who passed away, Emma Wilcox. Nine years old. It was 9 a.m. on a weekday morning, and guy driving high slammed in the back of their car, and she died. Her mother was driving; she was in the back seat, properly buckled in. And she died because of this irresponsible driver.
We've been trying to get that road dedicated for two years to Emma's memory, but we can't. I hope that that bill moves. But this gives an opportunity for the family to do this on their own, to spend their own money to put that sign up to remind people that there are consequences to your actions, your carelessness. So let's let them do that.
Now, I guarantee you that there will be bureaucrats in the administration that will oppose this. We don't want too many signs.
There's going to be all these signs. If there's too many signs, then we have a bigger problem than we realize. Every single family should have this opportunity so that they too can remember their lost loved one, but also remind people that they need to be responsible and act responsibly and be good citizens.
So I call on the Governor to sign this, not to listen to the bureaucrats that might be opposed to it. And I'm very, very proud to vote aye. Thank you.
ACTING PRESIDENT PERSAUD:Senator Borrello to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT PERSAUD:The bill is passed.
(Standing ovation.)
ACTING PRESIDENT PERSAUD:Calendar Number 1817, Assembly Bill Number 6756, by Assemblymember Kay, an act to amend the Retirement and Social Security Law.
ACTING PRESIDENT PERSAUD:There's a home-rule message at the desk.
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 1817, voting in the negative: Senator Brisport.
Ayes, 58. Nays, 1.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1819, Senate Print 5928 --
ACTING PRESIDENT PERSAUD:Calendar 1818 is high and will be laid aside for the day.
THE SECRETARY:Calendar Number 1819, Senate Print 5928, by Senator Martins, an act granting retroactive membership with Tier IV status in the New York State and Local Employees' Retirement System to Dawn Ward.
ACTING PRESIDENT PERSAUD:There's a home-rule message at the desk.
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, 59.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1821, Senate Print 6573A, by Senator Hinchey, an act to amend the Agriculture and Markets Law.
ACTING PRESIDENT PERSAUD:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 180th day after it shall have because a law.
ACTING PRESIDENT PERSAUD:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT PERSAUD:Announce the results.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Excuse me.
In relation to Calendar 1821, voting in the negative: Senator Martins.
Ayes, 58. Nays, 1.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1822, Senate Print 6626A, by Senator Baskin, an act to amend the Economic Development Law.
ACTING PRESIDENT PERSAUD: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 PERSAUD:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT PERSAUD:Senator Baskin to explain her vote.
SENATOR BASKIN:Thank you, Madam President.
I rise today in full support of this bill. Blight and property depreciation are the last thing that any of us need in our districts. Many areas are plagued by abandoned businesses that become eyesores. They negatively impact entrepreneurs and our constituents.
Vacant storefronts can create economic decline by reducing property values, making it difficult to attract new businesses, and causing less foot traffic.
By establishing a centralized online registry for vacant commercial storefronts, small business owners can have a tool to allow them the access to storefronts that are abandoned and dilapidated. They'll have the information at hand to be able to pick up the phone, raise a concern about a property or perhaps pursue it.
This registry is critical in developing a plan to get retail districts back to thriving and spaces that they once were. By streamlining this process, it's beneficial not just for small businesses, but for property owners and consumers as well. It will also help revitalize New York's many commercial corridors, longstanding vacancies, and help mitigate the all-too-common blight.
I am proud to vote in the affirmative. Thank you, Madam President.
ACTING PRESIDENT PERSAUD:Senator Baskin to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1823, Assembly Bill Number 7351, by Assemblymember Solages, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT PERSAUD:There's a home-rule message at the desk.
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, 59.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1824, Assembly Bill Number 6298, by Assemblymember Bronson, an act to authorize the County of Monroe to offer an optional 20-year retirement plan to Christopher R. Fay.
ACTING PRESIDENT PERSAUD:There's a home-rule message at the desk.
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, 59.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1825, Assembly Bill Number 6274, by Assemblymember Bronson, an act to authorize the County of Monroe to offer an optional 20-year retirement plan to Gregory M. Prokop.
ACTING PRESIDENT PERSAUD:There's a home-rule message at the desk.
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, 59.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1826, Assembly Bill Number 6300, by Assemblymember Bronson, an act to authorize the County of Monroe to offer an optional 20-year retirement plan to Carl J. Zimmerman.
ACTING PRESIDENT PERSAUD:There's a home-rule message at the desk.
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, 59.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1828, Assembly Bill Number 6279, by Assemblymember Bronson, an act to authorize the granting of retirement service credit in the optional 20-year retirement plan to Duane A. Palma.
ACTING PRESIDENT PERSAUD:There's a home-rule message at the desk.
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, 59.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1829, Assembly Bill Number 7934, by Assemblymember Magnarelli, an act in relation to authorizing the Onondaga County Sheriff's Department to offer the optional 20-year retirement plan to Deputy Sheriffs Brittany E. Dorn, Noah C. Hunt, Daniel D. Lorenzini, Gordon J. Lopez, Tre C. Fesinger, and Christopher L. Van Dusen.
ACTING PRESIDENT PERSAUD:There's a home-rule message at the desk.
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, 59.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1830, Senate Print 7493A, by Senator Ortt, an act in relation to authorizing the Town of Niagara 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 5. 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, 59.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1831, Assembly Bill Number 8227A, by Assemblymember Levenberg, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT PERSAUD:There's a home-rule message at the desk.
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 PERSAUD:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT PERSAUD:Announce the results.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT PERSAUD:The bill is passed.
Calendar 1832 is high and will be laid aside for the day.
THE SECRETARY:Calendar Number 1833, Assembly Bill Number 8146, by Assemblymember Shrestha, an act authorizing the Town of Hurley to alienate certain lands used as parklands.
ACTING PRESIDENT PERSAUD:There's a home-rule message at the desk.
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 1833, voting in the negative: Senator Fahy.
Ayes, 58. Nays, 1.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1834, Senate Print 7538, by Senator Weber, an act in relation to authorizing the Village of Nyack 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 5. 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 1834, voting in the negative: Senator Fahy.
Ayes, 58. Nays, 1.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1835, Assembly Bill Number 6956A, by Assemblymember Fitzpatrick, an act to amend Chapter 7 of the Laws of 1955.
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, 59.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1836, Senate Print 7638A, by Senator Hinchey, an act to amend the General Municipal Law.
SENATOR LANZA:Lay it aside.
ACTING PRESIDENT PERSAUD:Lay it aside.
Calendar 1837 is high and will be laid aside for the day.
THE SECRETARY:Calendar Number 1838, Senate Print 7683, by Senator Helming, an act to amend the Alcoholic Beverage Control 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, 59.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1839, Senate Print 7785, by Senator Bailey, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT PERSAUD: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 PERSAUD:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT PERSAUD:Senator Bailey to explain his vote.
SENATOR BAILEY:Thank you, Madam President.
Co-op City is unlike any place in the world -- 50,000 residents, the largest cooperative housing development in the country, largest naturally occurring retirement community.
So there are certain idiosyncrasies about Co-op City that we have to realize. It is a place with a lot of different loops. With the best of intentions, we created a program called ABLE to have bus cameras. But unfortunately, in Co-op City there is a lack of on-street parking and there are a number of seniors and a number of schoolchildren. So people are waiting outside of buildings looking to either drop people off or pick people up. They have been ticketed.
Also, if you are a parent, a public school parent like me, who happens to put their children in a school in Co-op City, like me, you sometimes park in the area across the street from the school. And you are not immune from receiving these tickets, notices of violation.
And it shouldn't cost parents multiple violations to simply drop their children off at school. This has been one of the number-one constituent complaints in Co-op City.
And I am grateful to the leader for us to be able to get this bill across the finish line. I'm excited about passing it. And I hope they are able to do it in the Assembly with the help of my colleague in Co-op City, Assemblyman Michael Benedetto.
I vote aye, Madam President, and urge everybody to do the same. Thank you.
ACTING PRESIDENT PERSAUD:Senator Bailey to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1840, Senate Print 7791A, by Senator Harckham, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT PERSAUD: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 PERSAUD:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT PERSAUD:Announce the results.
THE SECRETARY:In relation to Calendar 1840, voting in the negative are Senators Martinez and Palumbo.
Ayes, 57. Nays, 2.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1841, Assembly Bill Number 8371A, by Assemblymember Kelles, an act in relation to authorizing the Town of Ithaca 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 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, 59.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1842, Senate Print 7847, by Senator Webb, an act in relation to authorizing Kevin R. Noterfonzo to receive certain service credit under a 20-year retirement plan.
ACTING PRESIDENT PERSAUD:There's a home-rule message at the desk.
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, 59.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1843, Senate Print 7848, by Senator Webb, an act to authorize the County of Tompkins to offer an optional 20-year retirement plan to Bryan Jolly.
ACTING PRESIDENT PERSAUD:There's a home-rule message at the desk.
Read the last section.
THE SECRETARY:Section 4. 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, 59.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1844, Senate Print 7849, by Senator Webb, an act in relation to authorizing the County of Tompkins to offer an optional 20-year retirement plan to Kyle Davenport.
ACTING PRESIDENT PERSAUD:There's a home-rule message at the desk.
Read the last section.
THE SECRETARY:Section 4. 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, 59.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1845, Senate Print 7854, by Senator Palumbo, an act in relation to granting retroactive Tier II membership in the New York State and Local Police and Fire Retirement System to Giuseppe T. Rosini.
ACTING PRESIDENT PERSAUD:There's a home-rule message at the desk.
Read the last section.
THE SECRETARY:Section 5. 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, 59.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1846, Senate Print 7873A, by Senator Palumbo, an act in relation to authorizing the Town of Brookhaven, County of Suffolk, 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 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, 59.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1847, Senate Print 7899A, by Senator Hinchey, an act to amend the Public Authorities 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:In relation to Calendar 1847, voting in the negative are Senators Chan, Oberacker and Weik.
Ayes, 56. Nays, 3.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1848, Senate Print 7911, by Senator Webb, an act in relation to authorizing Daniel H. Austic to receive certain service credit under a 20-year retirement plan.
ACTING PRESIDENT PERSAUD:There's a home-rule message at the desk.
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, 59.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1849, Senate Print 8009A, by Senator Canzoneri-Fitzpatrick, an act in relation to authorizing the Village of Malverne 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 5. 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, 59.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1850, Assembly Bill Number 8620, by Assemblymember McDonald, an act to amend Chapter 434 of the Laws of 2022.
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 Number 1850, voting in the negative are Senators Brisport and Weik.
Ayes, 57. Nays, 2.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1851, Senate Print 8046A, by Senator Bynoe, an act to amend the Emergency Tenant Protection Act.
ACTING PRESIDENT PERSAUD:Read the last section.
THE SECRETARY:Section 4. 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 1851, voting in the negative are Senators Borrello, Canzoneri-Fitzpatrick, Chan, Griffo, Helming, Lanza, O'Mara, Ortt, Palumbo, Stec, Tedisco, Walczyk, Weber and Weik.
Ayes, 45. Nays, 14.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1852, Assembly Bill Number 8676, by Assemblymember Lee, an act to amend the General City Law.
ACTING PRESIDENT PERSAUD:Read the last section.
THE SECRETARY:Section 14. This act shall take effect July 12, 2025.
ACTING PRESIDENT PERSAUD:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT PERSAUD:Announce the results.
THE SECRETARY:In relation to Calendar 1852, voting in the negative are Senators Borrello, Brisport, Canzoneri-Fitzpatrick, Chan, Gallivan, Griffo, Helming, Lanza, Martins, Mattera, O'Mara, Ortt, Palumbo, Rhoads, Stec, Tedisco, Walczyk and Weik.
Ayes, 41. Nays, 18.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1853, Assembly Bill Number 8489, by Assemblymember Buttenschon, an act to authorize Scott Hoag to receive certain service credit under Section 384-d of the Retirement and Social Security Law.
ACTING PRESIDENT PERSAUD:There's a home-rule message at the desk.
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, 59.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1854, Senate Print 8164, by Senator Weber, an act in relation to authorizing the County of Rockland to offer an optional retirement plan to John F. Leonard, Jr.
ACTING PRESIDENT PERSAUD:There's a home-rule message at the desk.
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, 59.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1855, Senate Print 8172B, by Senator Cleare, an act to amend the Correction Law.
ACTING PRESIDENT PERSAUD: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 PERSAUD:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT PERSAUD:Announce the results.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1856, Senate Print 8194, by Senator Helming, an act in relation to authorizing Heath A. Wadhams to take the competitive civil service examination for the position of police officer.
ACTING PRESIDENT PERSAUD:There's a home-rule message at the desk.
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 1856, voting in the negative: Senator Brisport.
Ayes, 58. Nays, 1.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1857, Senate Print 8208A, by Senator Weber, an act in relation to authorizing the County of Rockland to offer an optional 20-year retirement plan to Matthew Donovan.
ACTING PRESIDENT PERSAUD:There's a home-rule message at the desk.
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, 59.
ACTING PRESIDENT PERSAUD:The bill is passed.
Calendar 1858 is high and will be laid aside for the day.
THE SECRETARY:Calendar Number 1859, Senate Print 8219, by Senator Webb, an act in relation to authorizing Mackenzie M. Covert to receive certain service credit under a 20-year retirement plan.
ACTING PRESIDENT PERSAUD:There's a home-rule message at the desk.
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, 59.
ACTING PRESIDENT PERSAUD:The bill is passed.
THE SECRETARY:Calendar Number 1864, Senate Print 8390, by Senator Kavanagh, an act to amend subpart A of Part BB of Chapter 56 of the Laws of 2021.
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 1864, voting in the negative are Senators Borrello, Chan, Gallivan, Griffo, Helming, Lanza, Oberacker, O'Mara, Ortt, Palumbo, Rhoads, Stec, Tedisco, Walczyk, Weber and Weik.
Ayes, 43. Nays, 16.
ACTING PRESIDENT PERSAUD:The bill is passed.
Calendar 1865 is high and will be laid aside for the day.
Senator Serrano, that completes the reading of the supplemental calendar.
SENATOR SERRANO:Can we please return to motions.
I wish to call up Print Numbers 1012A and 1162A, which are now at the desk.
ACTING PRESIDENT PERSAUD:The Secretary will read.
THE SECRETARY:Calendar Number 1796, Senate Print 1012A, by Senator Brouk, an act to amend the Public Service Law.
Calendar Number 1797, Senate Print 1162A, by Senator Krueger, an act to amend the General Business Law.
SENATOR SERRANO:I now move to move to reconsider the vote by which these bills were passed.
ACTING PRESIDENT PERSAUD:The Secretary will call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 57.
ACTING PRESIDENT PERSAUD:The bills are restored to their place on the Third Reading Calendar.
Senator Serrano.
SENATOR SERRANO:I now offer the following amendments.
ACTING PRESIDENT PERSAUD:The amendments are received.
Senator Serrano.
SENATOR SERRANO:Can we now go to the controversial calendar.
ACTING PRESIDENT PERSAUD:The Secretary will ring the bell.
The Secretary will read.
THE SECRETARY:Calendar Number 609, Senate Print 5701, by Senator Skoufis, an act to amend the Correction Law.
ACTING PRESIDENT PERSAUD:Senator Rhoads, why do you rise?
SENATOR RHOADS:Madam President, because no session would be complete without my having a chance to ask Senator Skoufis a few questions.
ACTING PRESIDENT PERSAUD:Senator Skoufis, would you yield for a question?
SENATOR SKOUFIS:Happily.
ACTING PRESIDENT PERSAUD:Senator Skoufis yields.
SENATOR RHOADS:Thank you, Senator Skoufis.
Through you, Madam President. My understanding is this bill would require DOCCS to provide a discharge plan and reentry services to those who are wrongfully convicted. Is that correct?
SENATOR SKOUFIS:Through you, Madam President. Yes, that is correct.
SENATOR RHOADS:Did you consult -- would the sponsor continue to yield.
ACTING PRESIDENT PERSAUD:Will the sponsor yield?
SENATOR SKOUFIS:Yes.
ACTING PRESIDENT PERSAUD:The sponsor yields.
SENATOR RHOADS:Was there any communication with DOCCS about the efficacy of them having to perform these responsibilities?
SENATOR SKOUFIS:Through you, Madam President, no.
SENATOR RHOADS:And will the sponsor continue to yield?
ACTING PRESIDENT PERSAUD:Does the sponsor yield?
SENATOR SKOUFIS:Yes.
ACTING PRESIDENT PERSAUD:The sponsor yields.
SENATOR RHOADS:Now, my understanding -- thank you, Madam President, through you.
My understanding is that the discharge plan would mean a plan describing the manner in which the wrongfully convicted individual will be able to receive reentry services. And that includes appropriate programming and support planning, as well as follow-up support offered to the individual after their release. Is that correct?
SENATOR SKOUFIS:Through you, Madam President. Yes, that's correct.
Currently, as I understand it, DOCCS must provide information for many of these services. This legislation likes to require that the wrongfully convicted individual actually be connected with these services, not just be provided information about the services.
SENATOR RHOADS:And thank you, Senator Skoufis.
Will the sponsor continue to yield?
ACTING PRESIDENT PERSAUD:Does the sponsor yield?
SENATOR SKOUFIS:Yes.
ACTING PRESIDENT PERSAUD:The sponsor yields.
SENATOR RHOADS:It's my understanding as well that as part of these services DOCCS must work with the wrongfully convicted individual to develop a plan which would be designed to address their unique needs, including but not limited to the individual's geographical location upon release from custody, housing needs, educational needs, employment needs, medical needs, and social services needs. Is that correct?
SENATOR SKOUFIS:Through you, Madam President. Yes, that's correct.
And they're unique because they were wrongfully convicted. And these are unique situations.
SENATOR RHOADS:Thank you.
Will the sponsor continue to yield.
ACTING PRESIDENT MAYER:Will the sponsor yield?
SENATOR SKOUFIS:Yes.
ACTING PRESIDENT MAYER:The sponsor yields.
SENATOR RHOADS:As part of these services as well, DOCCS is also supposed to provide case management and connections to employment services, educational services, mental health services, medical care, housing services, and other social services that may be available to the wrongfully convicted individual. Is that correct?
SENATOR SKOUFIS:Through you, Madam President. That is correct.
And I think it may be helpful at this point -- I'm happy to continue answering these questions, but sometimes, you know, some context and some color is helpful. And so I do want to share with my colleague what prompted the introduction of this bill and where this bill came from.
A couple of years ago I spent a number of hours at a Mets game, actually, with an individual named Sheldon Thomas, who I had not met prior. And one of the reasons why I had not met him prior is because he'd only been out of prison for a couple of months at that point after serving for 17 years for a crime he did not commit.
He was charged and wrongfully convicted of murder when he was 17 years old, charged for murdering a 14-year-old. And the detectives on that case, they intentionally misled a witness to wrongfully identify him as the perpetrator in this crime.
And as a 17-year-old, he proceeded to spend the subsequent 18 years wrongfully imprisoned, which I think you and everyone would agree is unimaginable -- sitting in a jail cell for 18 years for a crime that you did not commit, never mind allegedly killing someone that you did not kill.
And so as you can imagine, the world was a very different place when he left prison 18 years later. And so that's why we're doing this bill. And it's modeled after a similar bill in this space that Senator Bailey has had for a number of years.
And it's an attempt -- in addition to the recompense that is obviously associated in situations like this, it's an attempt to try, to the extent practicable, to have DOCCS connect this individual with the services and quite frankly the realities of this world that exists, in some cases that they have no idea exists, given that they've been separated from the outside world for such a long period of time in cases like this.
So I hope that's a little bit helpful context. And I'm happy to continue answering any questions.
SENATOR RHOADS:I certainly appreciate the context and certainly understand the circumstance.
Madam President, if the sponsor will continue to yield to just a few additional questions.
ACTING PRESIDENT MAYER:Do you continue to yield?
SENATOR SKOUFIS:Yes.
SENATOR RHOADS:And welcome to our new Madam President.
Senator Skoufis -- through you, Madam President -- do you have any idea how long it would take DOCCS to craft this tailored proposal and access to services for the wrongfully convicted individual?
SENATOR SKOUFIS:(Conferring.) Thank you for affording me a moment to speak with staff.
So as you probably know, there's no timeline prescribed in the bill. As I understand it, it's typically around 60 days currently that DOCCS has to put together and offer the information for the services that are currently required. And so the expectation would be that somewhere in that realm of a couple of months, would be my expectation.
And, you know, it's -- as I understand it, it's not as if a DA or a prosecutorial unit just overnight reviews a case and determines that an individual was wrongfully convicted. And I don't see any reason why, when it's brought to DOCCS' attention that a case is being reviewed and potentially an individual is innocent that was wrongfully convicted, that they can't start working on a plan like this in the event innocence is determined.
SENATOR RHOADS:Thank you for the answers to those questions, Senator. I appreciate it.
Briefly on the bill, if you will.
ACTING PRESIDENT MAYER:On the bill.
SENATOR RHOADS:My concern -- and Senator Skoufis attempted to address part of the concern. The bill is very clear that all of these connections to services, the tailored plan for the individual who is wrongfully convicted, has to take place prior to their release.
My concern and the questions that I asked with respect to whether there was any communication with DOCCS to try and figure out how long it would take them to craft this plan is that oftentimes, even though there may be a review by the district attorney in an individual case, it is not until there is an actual judgment from a court releasing that individual, making a determination that there's been a wrongful conviction, that this process might start.
The fact that this process may take 60 days to complete that plan creates a problem in the sense that as soon as there's a judgment of a wrongful conviction, DOCCS's ability to hold that individual ceases. And so the conflict that this bill creates is the fact that if it takes up to 60 days to complete that tailored plan, DOCCS can't hold that individual for 60 days. That plan can't be crafted prior to their release. It's going to have to be put together after their release.
And I think that's a -- the fatal flaw in the bill, even though it's well-intentioned. The strength of our criminal justice system relies upon our ability to convict the guilty and exonerate the innocent, and sometimes we get that wrong on both sides. And I understand the need, quite frankly, to help someone in that situation, to the best of our ability to try and rebuild their life to the extent that that's possible.
I just think that there is a fatal flaw in the bill in that if we're requiring this to take place prior to their release, we're creating a situation where DOCCS will have a conflict between having to technically hold someone, even though they legally no longer have the ability to do so, until there's that plan in place.
And so if in fact this does pass today, and unfortunately because of that conflict, I plan on voting no. If this does pass today and is signed by the Governor, I hope this is something that will be revisited so that we can correct that error in the bill.
Thank you, Madam President.
ACTING PRESIDENT MAYER: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 3. This act shall take effect on the 60th 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:In relation to Calendar 609, voting in the negative are Senators Borrello and Rhoads.
Ayes, 57. Nays, 2.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1517, Assembly Bill Number 1365A, by Assemblymember Paulin, an act to amend the Public Health Law.
ACTING PRESIDENT MAYER:Senator Borrello, why do you rise?
SENATOR BORRELLO:Thank you, Madam President. Would the sponsor yield for a question.
ACTING PRESIDENT MAYER:Senator Skoufis, do you agree to a question?
SENATOR SKOUFIS:Absolutely, yes.
ACTING PRESIDENT MAYER:The Senator yields.
SENATOR BORRELLO:Through you, Mr. President.
I understand -- obviously this is a tragic situation like the pandemic, which I think we are all -- obviously still fresh in our minds about the tragedy that occurred in our nursing homes. And of course, I'm sure like many others, I am still unhappy -- in fact, outraged -- that there's still been no accountability for what happened here and the deadly order that our previous governor had administered.
With that said, in the event of another mass casualty event, you know, which I think is how it will be described, would a disaster emergency have to be declared before any action would have to take place by these nursing homes?
SENATOR SKOUFIS:Through you, Madam President. The answer is yes.
And in addition to a declaration by the Governor that there's an emergency, there must be an underlying disaster that -- and I'm just reading from the bill here -- may result in excess mortality that could overwhelm the capacity of a facility to meet the demand for its services.
And so just a simple emergency declaration for a storm that's passing through is not enough to qualify it and trigger the provisions of this bill.
SENATOR BORRELLO:Madam President, will the sponsor continue to yield.
ACTING PRESIDENT MAYER:Do you continue to yield?
SENATOR SKOUFIS:Yes.
ACTING PRESIDENT MAYER:The sponsor yields.
SENATOR BORRELLO:Great. Thank you for that clarification.
So let's assume now it is a -- you know, another mass casualty event. Prior to that emergency declaration, would nursing homes have to develop a plan or do anything, or does that emergency declaration trigger the first action that they would have to take? Does that make sense?
SENATOR SKOUFIS:(Conferring.) I just wanted to confirm what I thought to be true with staff.
So the plan is to be put together ahead of time, ahead of the disaster or the emergency, the pandemic, whatever the circumstance that triggers this bill is. And then the bill calls for following that plan if there is a trigger.
SENATOR BORRELLO:Madam President, will the sponsor continue to yield.
ACTING PRESIDENT MAYER:Do you continue to yield?
SENATOR SKOUFIS:Yes.
ACTING PRESIDENT MAYER:The Senator yields.
SENATOR BORRELLO:So would part of that plan be that now the Department of Health would require these nursing homes to develop plans that -- to immediately implement -- to be immediately implemented, I should say, to start building storage facilities on their property prior to any catastrophic event?
That's the question. Would they have to start -- would they have to start building a facility right now, prior to any catastrophic event?
SENATOR SKOUFIS:Through you, Madam President, no.
And the bill calls for a plan that ensures that there is adequate space when there is excess mortality in these types of situations. And it could be that nursing homes already have space where they can store the deceased bodies.
In those situations where they don't, the plan can address the issue of space in a number of ways. One is one that you just referenced, which is building out the space. But there are a number of alternatives that the bill calls for or allows for, I should say, such as, you know, contracting with mobile units and several other options as well.
SENATOR BORRELLO:Madam President, will the sponsor continue to yield.
ACTING PRESIDENT MAYER:Do you continue to yield?
SENATOR SKOUFIS:Yes.
ACTING PRESIDENT MAYER:The sponsor yields.
SENATOR BORRELLO:So essentially what we're mandating is that nursing homes will have to now become morgues. They're going to have to have the capacity to properly handle, you know, corpses.
So that's really not their function. And it is certainly something that I think is a conflict, because I believe that they're required to move those by law, to move those bodies out after they pass away, and put them in the hands of a proper facility like a funeral home.
Isn't that correct? Isn't that what the law requires of nursing homes?
SENATOR SKOUFIS:Through you, Madam President. The issue at hand here -- look, I have a New York Times article, the headline reads "We Ran Out of Space," "Bodies pile up as New York struggles to bury its dead."
And, you know, I do not view this as a mandate. The study -- or not the study, the plan is a mandate. But the actions in the plan are not a mandate. Because if there is a pandemic, another pandemic, if there is some other catastrophe that results in, you know, tragic significant death within a nursing home or nursing homes, those bodies have to go somewhere.
And the nursing homes can't just pile them up on the sidewalk outside, they can't just pile them up, you know, at the front door. They have to be held somewhere until the funeral home or morgue comes and picks them up.
And so what we're calling for in these plans is something that they have to deal with anyway, plan or not. And, you know, it was tragic that we saw during the pandemic, outside many of these nursing homes were freezer trucks. Literally, they were throwing bodies into cold storage trucks and facilities in parking lots.
And so, you know, yes, the plan is a mandate, but what the nursing home would come up with to fulfill the requirements in this plan are things they would have to deal with anyway, plan or not. This is just an attempt to get them to begin thinking about and being more ready for the next time, instead of being caught flat-footed, which many of the nursing homes during the pandemic were.
SENATOR BORRELLO:Madam President, will the sponsor continue to yield?
ACTING PRESIDENT MAYER:Do you continue to yield?
SENATOR SKOUFIS:Yes.
ACTING PRESIDENT MAYER:The sponsor yields.
SENATOR BORRELLO:I understand that they were overwhelmed. But everything was overwhelmed during the pandemic.
But in the case of nursing homes, this is not really their function. You have funeral homes, you have city morgues and so forth that are already set up to do this. So if we're going to mandate anyone to do something, why would we -- you know, nursing homes -- which most of them don't make money, they lose money. Many of them are not-for-profits. They don't get enough Medicaid reimbursement, Medicare reimbursement. They are underfunded. We haven't raised rates here in years, at least adequately enough for reimbursements.
Why wouldn't we shift that burden to the people that are already in the business of doing this, which are funeral homes?
SENATOR SKOUFIS:Through you, Madam President. During the pandemic -- I mean, look, we can talk about hypotheticals. I'd rather point to, practically speaking, what happened during the pandemic.
And what happened was these bodies were being stored, sometimes highly irresponsibly, waiting for pickup by the funeral homes, but they were at the location in which they perished, at the nursing home. And so something has to be done at the nursing home level before they are picked up by the funeral home or morgue.
And so I don't think anyone's looking to shift responsibility here. But just practically speaking, if an individual dies in a nursing home, the nursing home has to figure out what to do with that body because they died on their premises.
SENATOR BORRELLO:Madam President, will the sponsor continue to yield.
ACTING PRESIDENT MAYER:Do you yield?
SENATOR SKOUFIS:Yes.
ACTING PRESIDENT MAYER:The sponsor yields.
SENATOR BORRELLO:So the typical cost of building a space like this would -- you know, there's a tremendous amount of cost to this, to building a space. And I realize you're saying they could take temporary measures. But, you know, do we have any idea -- is the Department of Health going to promulgate rules as to how long they have to have these facilities up and running?
In other words, if you say you have a plan in place, but now -- and your plan includes building something on your property if you have the space, how much time are we going to give them to do that, you know, in the middle of an emergency?
SENATOR SKOUFIS:Through you, Madam President. Hopefully they have all the time in the world and we never have to deal with a pandemic or some other situation like what we went through several years ago ever again.
But again -- and I understand the focus on building out a space. If there is physically no space to build out to, or if it is cost-prohibitive, there are plenty of other options, alternatives, for -- that are prescribed by this bill that would satisfy the statute, if this bill was signed into law, that do not require any construction or building out of new spaces.
SENATOR BORRELLO:Madam President, will the sponsor continue to yield?
ACTING PRESIDENT MAYER:Do you continue to yield?
SENATOR SKOUFIS:Yes.
ACTING PRESIDENT MAYER:The sponsor yields.
SENATOR BORRELLO:So you bring up lack of space. Let's go down to New York City, Manhattan, where we have -- you have nursing homes that are on streets where they have no parking lots, no parking. Would you then expect them to rent freezer trucks and put them on the street? And would they legally be allowed to do that?
And would that bill override any local jurisdiction, any local laws that would prevent them from parking a mobile morgue, essentially, on the street of someplace like Manhattan?
SENATOR SKOUFIS:Through you, Madam President. Certainly I think the easiest way to satisfy what's called for in this bill and in these plans is if the nursing home has existing space that can be utilized. I think we would all agree that's the easiest and most straightforward way to satisfy what we're talking about here.
But again, in the event that they don't have existing space, they don't have the ability, for one reason or another, to build out new additional space, the bill does, for example, provide an option to contract out with a third-party mobile unit to deal with what we're talking about.
SENATOR BORRELLO:Madam President, will the sponsor continue to yield.
ACTING PRESIDENT MAYER:Do you continue to yield?
SENATOR SKOUFIS:Yes.
ACTING PRESIDENT MAYER:The Senator yields.
SENATOR BORRELLO:So to continue on with these mobile units, your bill requires that these mobile units be, and I quote, isolated to the greatest extent practicable from view and patient or resident living and common areas, including preventing access by other persons other than directly involved with the storage or transport of bodies of deceased persons.
So if you don't have a parking lot, if you don't have a secure area, if you're a nursing home in the middle of Midtown Manhattan, how are they supposed to secure that on the streets of -- on a public street?
SENATOR SKOUFIS:Through you, Madam President, that provision is meant to address -- or prohibit, rather, a situation where theoretically a nursing home pulls in a third-party mobile unit and puts it in the courtyard of a nursing home, in full view of every resident as they walk by and live their daily life. We don't want situations like that to crop up.
And so, you know, the -- in the hypothetical that you shared, there's nothing in this bill that would -- again, it's -- the bill has practicable language which I think covers the situation, the scenario that you're talking about. If need be, because it's not practicable otherwise, these mobile units can be off-site.
SENATOR BORRELLO:Madam President, on the bill.
ACTING PRESIDENT MAYER:Senator Borrello on the bill.
SENATOR BORRELLO:Thank you, Senator Skoufis.
I think we all can agree that we hope that we never have to go through this again. What happened in the pandemic and the mass casualties, particularly in New York City, were so tragic. And we can certainly go back and look at the situation and say now what we did wrong and what we did right.
But now, going forward, we're saying we're going to burden nursing homes who have to deal with our most vulnerable citizens, many of which are not-for-profits, very few of which actually, even in the for-profit space, actually make money. We continue to burden them. We burden them with low reimbursement rates, higher regulations, so on and so forth.
And now we're saying we want you to be in the business of a morgue, on top of everything else. That's what this bill will do. We will essentially say now, on top of everything else we've asked you to do -- to provide care, food, medical attention, rehabilitation, all the things that happen in nursing homes -- we're also going to make you build out a morgue in the event of another mass casualty event.
Meanwhile, we have funeral homes that have people that are trained, licensed to handle people that have passed away. They have the vehicles to transport them. They have the controlled environments to keep them. They understand the importance and the dignity of it, because that's the business they're in.
We're telling people whose business it is to keep our vulnerable citizens alive and well that they also have to be in this business. I don't think that's fair. We are losing nursing homes and adult care facilities across this state in troubling numbers.
And I understand the intent of this bill. I don't disagree. But we're burdening an already overburdened segment of healthcare, the people who deal with our grandparents, our parents, our aunts and uncles, and we're saying we want you to be in a brand-new business in the event of another tragic event like the pandemic.
I don't think it's fair. I don't think we should expect that. And I would encourage my colleagues to vote no.
Thank you.
ACTING PRESIDENT MAYER:Are there any other Senators wishing to be heard?
Senator Helming, why do you rise?
SENATOR HELMING:Thank you, Madam President. On the bill.
ACTING PRESIDENT MAYER:Senator Helming on the bill.
SENATOR HELMING:So the bill before us requires nursing homes to designate dedicated storage spaces for the storage of the bodies of deceased persons.
I wanted to start by adding another headline. Senator Skoufis shared one headline; I want to share another headline. This one I think may be more recent. It's from February of '25, by Spectrum News. And that headline reads: "Nursing home closures create care deserts in New York."
We've had so many closures, staffing shortages driving that, funding gaps, overregulations are driving so many closures, nursing home closures in our communities, and it's leaving our seniors with fewer choices.
We should be focused here in this body on increasing opportunities for our seniors, and that includes making sure that we address the more pressing concern, like I said, in our rural areas of the need for additional quality bed spaces and services for our aging population. The priority, again, should be addressing this need, not mandating that nursing homes invest their limited resources in the storage of bodies of deceased persons.
For this reason, Madam President, I will be voting no -- Mr. President, I will be voting no, and I urge my colleagues to do the same.
ACTING PRESIDENT BAILEY:That's all right. Senator Mayer is way better-looking than I am.
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 60th day after it shall have because 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 1517, voting in the negative are Senators Ashby, Borrello, Canzoneri-Fitzpatrick, Chan, Gallivan, Griffo, Helming, Lanza, Martinez, Martins, Mattera, O'Mara, Ortt, Palumbo, Rhoads, C. Ryan, Stec, Tedisco, Walczyk, Weber and Weik.
Ayes, 38. Nays, 21.
ACTING PRESIDENT BAILEY:The bill is passed.
THE SECRETARY:Calendar Number 1812, Assembly Bill Number 6558A, by Assemblymember Lunsford, an act to amend the Public Health Law.
ACTING PRESIDENT BAILEY:Senator Borrello, why do you rise?
SENATOR BORRELLO:I believe it's so that I would like to see Senator Harckham maybe stretch his legs, stand up a little bit, maybe answer a question.
ACTING PRESIDENT BAILEY:Senator Harckham, would you yield to stretching your legs and answering a question?
SENATOR HARCKHAM:Just -- just one question, Mr. President?
(Laughter.)
SENATOR BORRELLO:No promises, Mr. President.
SENATOR HARCKHAM:No, I yield, Mr. President.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR BORRELLO:Through you, Mr. President. So if I'm reading this bill correctly, it states that every food establishment -- a bodega, a chain restaurant, so on and so forth -- anybody that sells prepackaged foods must label them with all of the ingredients, essentially, that could potentially be an allergen, is that correct?
SENATOR HARCKHAM:Through you, Mr. President, not quite.
Anybody who sells prepackaged foods. And what we're talking about are things like salads, sandwiches that people typically grab and go. Not something that's custom-ordered at the counter.
They would just need to label the nine -- if one of any of the nine most significant allergen ingredients are in there. The CDC estimates that these nine account for 90 percent of food allergies.
And those nine would be milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts, sesame and soybeans. And paragraph B then says also contains a protein derived from any of the foods in paragraph A.
So they wouldn't have to list all of the ingredients, just the ones that are included.
SENATOR BORRELLO:Mr. President, will the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HARCKHAM:Absolutely.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR BORRELLO:Okay. So -- and I understand the prepackaged food. I know, because we do this. We have a breakfast and lunch restaurant that does a lot of prepackaged good to go. We have a deli that does the same thing. We have an ice cream stand that actually does prepackaged ice cream sandwiches that we make right on the spot. Come try some sometime.
SENATOR HARCKHAM:I will come this summer.
SENATOR BORRELLO:So those are a lot of -- that's a lot of opportunities, I would say, to have to comply with this. And I'm, you know, speaking on behalf of everyone else that's in this business, not just me, of course.
So let's just say, for example, we go to ice cream, a prepackaged ice cream, like I just described, an ice cream sandwich that has cookies and -- I'll make myself hungry. It has cookies and ice cream all in this prepackage that we wrap up and put a label on. Now, instead of just saying the ingredients include ice cream -- with nonfat milk, cream, milk, butter, sugar, vanilla -- is it your intent that the label must list all of those ingredients?
SENATOR HARCKHAM:Through you, Mr. President, no. It would only need to list what allergens are.
So most establishments already put a label on these anyhow, label what the brand is, what the item is, you know, Borrello's ice cream or some such. And so labels are being put on, and if it -- the individual product contained peanuts, it would just simply have to have a label that said "must contain peanuts."
SENATOR BORRELLO:Mr. President, will the sponsor continue to yield?
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HARCKHAM:Absolutely.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR BORRELLO:Okay. So if I don't put a label on it right now, do I have to put a label on it if I wrap it up? Do I have -- would I be required, if I wrap it up and put it, in the case of an ice cream sandwich, in a freezer, am I not required to put a label on that that lists those allergens?
SENATOR HARCKHAM:Through you, Mr. President, you would be required to.
However, if -- let's use the example of ice cream sandwiches. If I walk to the counter and you took a wafer, you put the ice cream in, and you put the other wafer on top and you handed me that in a napkin, you would not have to do the labeling. Only if they were there in a prepackaged way.
And if I may, Mr. President, just for a little bit of context. The reason we proposed this bill, this bill came to me through a young man who has a food allergy, ate an item, a prepackaged item, went into shock and almost died, had his mother not been there with an EpiPen to save him, because he didn't know what the ingredients were.
And so there are over 2 million New Yorkers who have food allergies. It's a significant number. That's one in 10. And sadly, nationwide, we lose upwards of 200 people a year to these types of incidents.
So this is closing the gap between packaged and prepackaged, just so folks know, if they want to buy one of your ice cream sandwiches -- I'm sure it looks very tempting, but they should know whether there's something that they're allergic to in there.
SENATOR BORRELLO:Mr. President, will the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HARCKHAM:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR BORRELLO:That's certainly a terrifying scenario you just described. But most people that have food allergies are usually prepared for that. So if I make an ice cream sandwich fresh, hand it to them on a napkin, I don't have to -- I'm not obligated to tell them about any allergens. But if I wrap it up and that same person buys it, I am. I don't understand what we're accomplishing there.
SENATOR HARCKHAM:Well, because we're talking about the prepackaged market. We're not talking about the fresh market. We're talking about prepackaged foods.
So how often do folks on their way to work pick up a prepackaged sandwich which they're going to have later, a prepackaged salad which they can have later? It's those that are prepackaged that already have a label on them. This is just one other step of labeling.
SENATOR BORRELLO:Mr. President, will the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HARCKHAM:Absolutely.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR BORRELLO:I understand the intent. But if I am handing someone a bacon, egg and cheese breakfast sandwich and someone has an egg allergy, I don't have to tell them, and they don't have to -- they're not going to ask me, I'm not going to tell them.
But if that same person with that same egg allergy, you know, picks it up out of the little hotbox, somehow I'm now obligated to tell them about the allergens.
So the issue is the same, whether it's a fresh-made bacon, egg and cheese sandwich, which says it has egg in it, or whether it's prepackaged. So I guess I'm trying to understand, other than making this more complicated for small businesses, how we're going to improve safety.
SENATOR HARCKHAM:Through you, Mr. President. There is a difference. Because the consumer -- if you're behind the counter, the consumer can ask you. So they can say, I am allergic to eggs, does this contain eggs? And then you as a responsible business owner will say, as a bacon, egg and cheese sandwich, it contains eggs.
But when there's not that personal interaction, when someone is just getting something from a counter or off a shelf -- I go back to the example of this young man who goes after -- when they get out of high school, he and his friends go across the street. And what do young high school students do? They want to eat after school. And so they're all grabbing things off the shelf, and he is unable to do that because he doesn't know what the ingredients are in a wrap, in a sandwich, in a salad.
SENATOR BORRELLO:Mr. President, will the sponsor continue to yield?
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HARCKHAM:Absolutely.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR BORRELLO:Let's just say you go get a peanut butter and jelly sandwich that's prepackaged at a convenience store. You've got peanut butter, which has multiple things in it that could be problematic. But it says "peanut butter" because it's a peanut butter and jelly sandwich.
What is it that they will be required to list? Would they be required to list, you know, wheat, peanuts, sesame -- because it's on a piece of bread that contains, you know, wheat flour, all that kind of stuff. You know, if it's a hard roll, it's got sesame seeds. You have to list sesame, which is also another allergen.
How much in a peanut butter and jelly sandwich on a hard roll, a sesame hard roll, how many different things would have to be listed? And what are they?
SENATOR HARCKHAM:Through you, Mr. President. It depends on what the ingredients of any given item are. If any of these nine items are in that, they need to be listed. Right? Right.
So if there are three of the nine, Mr. President, it would require three of the nine. If there were one of the nine, it would require, you know, "This product contains peanuts," "This product contains eggs."
SENATOR BORRELLO:Mr. President, on the bill.
ACTING PRESIDENT BAILEY:Senator Borrello on the bill.
SENATOR BORRELLO:Thank you, Senator Harckham. Appreciate the engagement today, as usual.
So I know this is good intent. We have lot of bills here that are good intent. But when you operate a small business that isn't in the business of food processing and packaging -- you know, obviously if there are bigger places, like when you stop at a Thruway service area, that contract with a company whose business it is to make sandwiches and salads, put them in containers, put labels on them, they print the labels, they make them en masse, they know how to handle it.
When you start talking about a small business like I have described, someone who makes their own, you know, homemade bacon, egg and cheese on a bagel and wraps it up and puts it out there -- for the convenience of their customers, they put them out there -- this bill may drive those people to no longer provide that convenience and to lose that revenue.
I also am always concerned about the legal ramifications, right? We don't want to have these, you know, legal bounty hunters out there saying, Look at that, there's a bacon, egg and cheese sandwich at this little bodega that doesn't have a label on it, and now they've got some financial and legal problems as a result. Which is probably what's going to happen.
At the end of the day, we have to recognize the fact that as horrible as it is -- and I know lots of people who have lots of food allergies, which is really tragic -- they also have that responsibility. And most of the time they're very conscientious about asking or looking or finding out.
And I realize you could run into a store, grab a sandwich, pay for it, but you have to at some point have some kind of interaction with somebody in a small business, most likely. That way you can ask, Hey, you know what, what's in this sandwich?
I know people that, again, have gluten allergies, severe gluten allergies. They're very, very, very conscientious about asking, every time: Can I eat this? Because here's my problem.
You know, so I understand the intent of this, but I think it's very onerous, particularly on small businesses, particularly on those that just don't have the staffing, the capability to meet this standard.
There are people out there that can do this, and those are the folks that I think we should ensure are doing it, because that's the business that they are in. But for small businesses, I think this would be a little bit too much of a burden.
I'm sure there's some changes that could be made to improve it. But in its current form, I'm going to vote no, and I would certainly encourage my colleagues to do the same.
Thank you.
ACTING PRESIDENT BAILEY:Thank you, Senator Borrello.
Are there any other Senators wishing to be heard?
Seeing and hearing none, debate is closed. Ring the bell.
Read the last section.
THE SECRETARY:Section 3. 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:Senator Harckham to explain his vote.
SENATOR HARCKHAM:Thank you very much, Mr. President.
I want to thank my colleague Senator Borrello for the discussion. I do look forward to coming out this summer and visiting your establishment. I know we've talked about that before. We will get out there this summer.
Mr. President, there are over 2 million New Yorkers who have food allergies. Upwards of 200 Americans die each year because of allergic reaction to a food. And those numbers are dwarfed by scores, multiple scores more who are hospitalized. Those hospitalizations cost our healthcare system, cost our economy.
This is a way to close the loop. Right now packaged goods are required by the federal government to be labeled. This closes a loop, as we discussed, on prepackaged foods -- sandwiches, salads, things like that.
I want to thank all of the advocates, the students and their parents who advocate for this and other allergen bills, as well as the more than 19 organizations who have endorsed this bill, the food allergy research and education organizations, the Asthma and Allergy Foundation, the American College of Allergy, Asthma and Immunology, the Greater Buffalo Allergy Alliance, and on and on and on.
So we are very proud of this bill. We want to thank all of the advocates and supporters. And I will proudly be voting aye.
Thank you.
ACTING PRESIDENT BAILEY:Senator Harckham to be recorded in the affirmative.
Prior to calling for the announcing of results, please keep some order in the chamber.
Announce the results.
THE SECRETARY:In relation to Calendar 1812, voting in the negative are Senators Borrello, Chan, Gallivan, Helming, Martins, O'Mara, Ortt, Rhoads, Stec, Tedisco, Weber and Weik.
Ayes, 47. Nays, 12.
ACTING PRESIDENT BAILEY:The bill is passed.
Senator Gianaris.
SENATOR GIANARIS:Mr. President, on the supplemental calendar there was a bill that was laid aside because the bill was high, but that was in error. So if we could remove the lay-aside on Calendar 1865 and take that up, please.
ACTING PRESIDENT BAILEY:Remove the lay-aside on Calendar 1865.
The Secretary will read.
THE SECRETARY:Calendar Number 1865, Senate Print 8396, by Senator Gianaris, an act to amend Chapter 704 of the Laws of 1991.
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 1865, voting in the negative are Senators Martins and Skoufis.
Ayes, 57. Nays, 2.
ACTING PRESIDENT BAILEY:The bill is passed.
We'll return to the controversial calendar.
The Secretary will ring the bell.
The Secretary will read.
THE SECRETARY:Calendar Number 1836, Senate Print 7638A, by Senator Hinchey, an act to amend the General Municipal Law.
ACTING PRESIDENT BAILEY:Senator Borrello, why do you rise?
SENATOR BORRELLO:Because apparently I'm a glutton for punishment, Mr. President.
ACTING PRESIDENT BAILEY:You are wearing a nice jacket, Senator Borrello.
SENATOR BORRELLO:I think you are as well. Thank you.
ACTING PRESIDENT BAILEY:Thank you, sir.
SENATOR BORRELLO:Will the sponsor yield for a question.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HINCHEY:I will.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR BORRELLO:Through you, Mr. President. First of all, excuse my back as I face this way.
SENATOR HINCHEY:Your jackets are twins.
SENATOR BORRELLO:(Laughing.) He looks better in it than I do.
(Laughter.)
SENATOR BORRELLO:So obviously we understand that this bill -- you want to change -- essentially you want to incentivize certain people, certain companies that are engaged in certain practices that you like, I guess would be the best way to say it, since this is your bill.
But why did you make the change from last year when -- to make the local economy standard? So just one of the ways to qualify for the preference, instead of meeting these standards and another one, it seems to be -- this could be leading to incentivizing out-of-state companies, potentially, based on the way this is written. You know, giving preference to out-of-state companies because they meet those standards and practices that you prefer in this pill.
SENATOR HINCHEY:Sure. Through you, Mr. President, I appreciate the question. Thank you, Senator Borrello.
What the intention -- starting with I think the first point, the intention of this bill is actually to help expand markets for our New York State farmers and start to actually pay them even more money for the products that they grow here in our state.
So what it does is allows municipalities to be able to pay 10 percent higher than the lowest responsible bidder if the -- where they're purchasing from, if the farm or the farm business meets one of the criteria.
The important part, though, is that one of the amendments that we did make is that it's actually within New York State and one of the criteria below. So this is only for businesses that are located in New York State.
SENATOR BORRELLO:Mr. President, will the sponsor continue to yield?
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HINCHEY:I do.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR BORRELLO:So, you know, obviously we've had a lot of investment in dairy here in New York State, because we're all proud of our dairy here. But it appears that these dairy products are excluded from the nutrition standard of this bill. Why would that be?
SENATOR HINCHEY:Through you, Mr. President. This bill is really mostly focused on broader crops.
You know, we have done a lot of work in this chamber, including this year we are pushing to expand whole milk back into our schools. And we fixed it, in the budget, to make sure that our dairy farms were able to get the overtime tax credit that we had passed historically, we had passed previously. It was vetoed. We got that done in the budget.
So we love and support our dairy farmers. We also talked to NEDPA, and they're not opposed to this bill.
But this is really focused on mostly the growers.
SENATOR BORRELLO:Mr. President, would the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HINCHEY:I do.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR BORRELLO:Well, I think we both can agree that despite all that we've done, our dairy farmers are still under a lot of strain here in New York State. We see it more and more.
And we also know that when it comes to nutrition and, you know, trying to obviously get better, more nutritious foods into the hands particularly of, you know, low-income people, our children in schools, that dairy is a great way to do that.
So why would we not include them in this bill?
SENATOR HINCHEY:Through you, Mr. President. I agree. I think, you know, the science is clear that whole milk is especially nutritious especially for our children, which is why we are, with your help, pushing the whole milk in schools bill, and I'm hopeful that we will pass that this session.
Again, this bill has been focused on the growers. If we can get this bill signed by the Governor, would love to revisit it to add in dairy as well.
SENATOR BORRELLO:Mr. President, will the sponsor continue to yield?
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HINCHEY:I will.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR BORRELLO:I'm glad to hear that, that that would be a good change.
But on page 2 of your bill there was a change made to require the bidder to be based in New York. But couldn't this also include distributors?
I know in the restaurant business you have food distributors that bring food in from all over. They're still a New York-based company, but the food that they are actually buying would not necessarily be from New York. These are food aggregators, essentially.
So how are we going to ensure that the person that's given the contract is actually purchasing New York-grown products?
SENATOR HINCHEY:(Conferring.) Through you, Mr. President. Thank you.
At least 51 percent has to be sourced in New York State. So it's over 50 percent of the products have to be sourced from our state to be -- to qualify.
SENATOR BORRELLO:Mr. President, will the sponsor continue to yield?
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HINCHEY:I do.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR BORRELLO:Certainly 51 percent is obviously just more than half.
But, you know, when you start talking about food distributors, these are folks that typically, you know, are -- they're bigger companies, they are -- they're going to be competing now with smaller companies that might be actually a hundred percent New York-grown, a hundred percent New York-based product.
So you're really kind of, you know, with this standard that you have here, which I think is a change, you know, the school -- how are schools supposed to evaluate the fact that they're dealing with a company that is bringing in food from all over? Even if it's 51 percent, 49 percent of it is going to be from outside New York State.
But we're doing this obviously with New York State -- intentions of promoting New York State-grown products, right? So how are they supposed to evaluate that standard?
SENATOR HINCHEY:Through you, Mr. President. The 51 percent was modeled after the New York Grown and Certified Program, which is a program that actually our farmers rave about, so much so that we added that program into the local economies portion of this bill.
But the standard in New York Grown and Certified is 51 percent, so we followed that as well.
I'd also be curious in, you know, where specifically in the bill -- I know you mentioned line 2, I just want to make sure I'm looking at the right thing where you're talking specifically about distributors. Because in this bill we're not talking about distributors, and I just want to make sure we're on the same page.
But overall, the 51 percent is modeled after New York Grown and Certified.
SENATOR BORRELLO:Mr. President, can I answer her question? How would I do -- on the bill, to answer the question?
ACTING PRESIDENT BAILEY:Senator Borrello to answer the question on the bill, yes.
SENATOR BORRELLO:Thank you.
So it's on page 2 of the bill. And it's a change that was made recently to require the bidder to be based in New York. But this could include distributors. I don't think it specifically spells out distributors, but it could be distributors. I don't think it's clear as to excluding distributors from that on page 2.
Because, again, these are -- you start talking about U.S. Foods, as an example. They're a big national company that could be included in this because they have operations in New York State.
SENATOR HINCHEY:Through you, Mr. President. Thank you.
But to answer the question, the 51 percent is based on New York Grown and Certified.
SENATOR BORRELLO:Okay, moving on.
Mr. President, will the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HINCHEY:Yes.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR BORRELLO:So this 10 percent standard says if you meet one or more of the requirements. I mean, wouldn't we want to maybe strengthen that to maybe two or more or three or more of those requirements?
One or more is kind of a low bar that I think would include a lot of folks like I was describing that, you know, may not be really pushing out as much of the New York-grown products as we would like.
SENATOR HINCHEY:Through you, Mr. President. We did not want to make this onerous on our farmers, specifically. The entire point of this program is to make it so that our farmers have additional markets, specifically in places like New York City.
One of the things we hear both from the city itself and from our farmers is it's a market that they don't have as much access to as they would like, and the city would like to buy more from growers upstate.
And so what we are working to do is to really connect those dots and have that happen so we can support our farmers and farm businesses in New York, keep them thriving -- because there's a lot of pressures, both not just nationally but internationally. And that is -- sorry, I've lost my train of thought here.
But that we're wanting to make sure -- we're wanting to make it easier. And so by having too many of the criteria be an "and" -- which is something we actually heard from the ag community that they didn't want -- we're hoping that we can have more folks qualify and expand even more markets for our farmers across the state.
SENATOR BORRELLO:Mr. President, will the sponsor continue to yield?
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HINCHEY:I do.
ACTING PRESIDENT BAILEY:The sponsor yields.
SENATOR BORRELLO:So given that this bill was actually vetoed last year by the Governor because she had concerns, some of the ones I've outlined, how has this bill been changed this year to ensure that the Governor doesn't veto it again?
SENATOR HINCHEY:Thank you.
Through you, Mr. President. The bill has been changed to address the veto message. The concerns were more about some of the existing programs at Ag & Markets like New York Grown and Certified and the Climate Resilient Farming program. So we've actually added those programs into the qualifying criteria.
We have New York Grown and Certified referenced in the local economies, and we have the climate resilient farming referenced within the environmental standards bucket.
Again, both of those things were things that we talked to our farmers about, and the Farm Bureau and our farming coalition, and they were supportive in wanting to have that included as well.
SENATOR BORRELLO:Mr. President, will the sponsor continue to yield.
ACTING PRESIDENT BAILEY:Will the sponsor yield?
SENATOR HINCHEY:I do.
ACTING PRESIDENT BAILEY:the sponsor yields.
SENATOR BORRELLO:Well, I think we all know the New York Farm Bureau is obviously an important ally and advocate for our farmers, and they are -- continue to be opposed to this bill.
One of the things that they say in their opposition memo is the bill establishes preferences in state law that don't reflect regulated production methods. So the New York Farm Bureau has serious concerns with the preference language in the environmental sustainability, animal welfare, nutrition, and valued workforce standards.
So if the folks that represent the farmers that we're trying to help -- and they are opposed to this, how come we haven't made I guess even more changes and considerations to this law? Because clearly the Farm Bureau is still opposed.
SENATOR HINCHEY:Through you, Mr. President. We worked really closely with the Farm Bureau and made a lot of changes, actually, that they wanted.
I think one of the challenges was that they would have preferred to have just had existing law reflected in the criteria.
And the point of the bill is to allow municipalities and local governments to pay a little bit more than they can currently for the values that they believe in, whether that is good environmental practices or local economies being one.
And so we made a number of changes. I can't speak to the Farm Bureau specifically, although there are a number of things in this memo where they address things that we have actually addressed in the bill. Their first memo of opposition that they sent this year had a number of errors in it that were addressed in the current iteration of the bill.
And regarding the regulation perspective, we've passed a number of pieces of legislation through this chamber that help our farmers that they've been supportive of. I mean, we change the purchasing thresholds for state agencies. Instead of waiting to do that by regulations, we worked to do that through this chamber. And whole milk in schools again could be done regulatorily, but we want to make sure that we do that statutorily.
So this is a bill that is really meant to help our farmers. Again, a number of the other organizations are not opposed to it. NOFA is in strong support of this bill. And we've worked with all of our farmers to try to get them as close to positive as we could.
SENATOR BORRELLO:Mr. President, on the bill.
ACTING PRESIDENT BAILEY:Senator Borrello on the bill.
SENATOR BORRELLO:Thank you, Chairwoman Hinchey. Again, I am proud to be the ranking member of the Senate Ag Committee with Senator Hinchey as the chair.
But I still have concerns here. So we want to encourage more New York-grown products to be in our schools and our municipalities and so on and so forth. We have the Farm-to-School program, where this bill says you can pay 10 percent more, but you have to make sure that you have all these hoops to jump through that really have nothing to do with good nutrition and good agriculture, honestly.
I understand the sustainable farming and, you know, all these things that -- social equity things. But at the end of the day what we really want is we want our farmers to be able to sell food, and we want to give government agencies, schools, the ability to spend a little bit more to get that. We can do that. We don't have to make them jump through all these hoops. We can do it. We have this Farm-to-School program that is horribly underutilized, largely because they have a hard time navigating all of this.
And in here, in the Farm Bureau's opposition memo, it says New York Farm Bureau also has concerns regarding how these standards will be evaluated by municipalities. Some municipalities will not have the resources or understanding of agricultural practices to evaluate products and establish criteria for these standards.
What we're saying is we have to make them into experts on things like sustainable farming and the social equity programs that might be in place on a farm. I just think that's too much. We can do this more simply.
Do you grow food in New York? Great. This municipality can spend 10 percent more, or this school district can spend 10 percent more to buy something from a farmer in New York. I don't care what color they are, I don't care what kind of practices they are, they're a farmer in New York, and that's what we should be doing to support them.
So I'll be voting no. Thank you.
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 3. 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.
And I want to thank my colleague Senator Borrello for the discussion on this bill.
A couple of points. As it pertains to municipalities and local governments having too much confusion on what can qualify, municipalities are actually the ones that are asking us for this bill.
We've worked very closely, specifically, with the City of New York because they want to buy more food from our upstate farmers.
And we've talked to local governments across our state who are very interested and excited about this bill.
Specifically for New York City, though, right now they're actually purchasing a number of their different food contracts from places like Pennsylvania, Connecticut and New Jersey. We want to give them the tools -- which is why we added best value into the bill in this current iteration -- we want to give them the tools and the ability to really focus on buying from New York to strengthen our farmers and to give them more markets so that our farm businesses can stay in business here in New York.
I'm really proud of this bill. We've addressed a number of the issues in the veto message, I believe all of the issues in the veto message. This bill I believe has passed this chamber -- this might be the third or fourth time, and I look forward to it being signed into law this year.
Thank you very much.
ACTING PRESIDENT BAILEY:Senator Hinchey to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar 1836, voting in the negative are Senators Ashby, Borrello, Canzoneri-Fitzpatrick, Chan, Griffo, Helming, Lanza, Martinez, Mattera, O'Mara, Ortt, Rhoads, Stec, Tedisco, Walczyk, Weber and Weik. Also Senator Oberacker.
Ayes, 41. Nays, 18.
Sorry. Senator Martinez in the affirmative, excuse me.
Ayes, 42. Nays, 17.
ACTING PRESIDENT BAILEY:The bill is passed.
Senator Gianaris, that completes the reading of the controversial calendar.
SENATOR GIANARIS:Thank you, Mr. President.
At this time we're going to break for respective party conferences and come back to take up another Rules agenda and a supplemental calendar, at which point we will conclude our work for the evening.
So please call on Senator Lanza.
ACTING PRESIDENT BAILEY:Senator Lanza.
SENATOR LANZA:Thank you, Senator Gianaris.
Mr. President, there will be an immediate meeting of the Republican Conference in Room 315 of the Capitol.
ACTING PRESIDENT BAILEY:Immediate meeting of the Republican Conference in Room 315 of the Capitol.
Senator Gianaris.
SENATOR GIANARIS:And an immediate meeting of the Democratic Conference in Room 332.
Session will reconvene at 8:00 p.m.
ACTING PRESIDENT BAILEY:There will be an immediate meeting of the Democratic Conference in Room 332.
The Senate will reconvene at 8:00 p.m.
The Senate stands at ease.
(Whereupon, the Senate stood at ease at 7:08 p.m.)
(Whereupon, the Senate reconvened at 9:07 p.m.)
ACTING PRESIDENT MAYER:The Senate will return to order.
Senator Gianaris.
SENATOR GIANARIS:Madam President, I believe we have some messages from the Assembly.
ACTING PRESIDENT MAYER:The Secretary will read.
THE SECRETARY:Senator Jackson moves to discharge, from the Committee on Civil Service and Pensions, Assembly Bill Number 779 and substitute it for the identical Senate Bill 12, Third Reading Calendar 286.
Senator Mayer moves to discharge, from the Committee on Disabilities, Assembly Bill Number 7325 and substitute it for the identical Senate Bill 6619, Third Reading Calendar 736.
Senator Hinchey moves to discharge, from the Committee on Judiciary, Assembly Bill Number 6556 and substitute it for the identical Senate Bill 5514, Third Reading Calendar 774.
Senator May moves to discharge, from the Committee on Judiciary, Assembly Bill Number 1890 and substitute it for the identical Senate Bill 7358, Third Reading Calendar 775.
Senator Sepúlveda moves to discharge, from the Committee on Rules, Assembly Bill Number 203B and substitute it for the identical Senate Bill 5294B, Third Reading Calendar 893.
Senator Jackson moves to discharge, from the Committee on Civil Service and Pensions, Assembly Bill Number 6624 and substitute it for the identical Senate Bill 5760, Third Reading Calendar 949.
Senator Hoylman-Sigal moves to discharge, from the Committee on Rules, Assembly Bill Number 3307A and substitute it for the identical Senate Bill 1840A, Third Reading Calendar 987.
Senator Sanders moves to discharge, from the Committee on Rules, Assembly Bill Number 7235 and substitute it for the identical Senate Bill 6315, Third Reading Calendar 1009.
Senator Cooney moves to discharge, from the Committee on Finance, Assembly Bill Number 4723 and substitute it for the identical Senate Bill 3106, Third Reading Calendar 1041.
Senator Martinez moves to discharge, from the Committee on Rules, Assembly Bill Number 8601A and substitute it for the identical Senate Bill 7543A, Third Reading Calendar 1108.
Senator Harckham moves to discharge, from the Committee on Rules, Assembly Bill Number 8237B and substitute it for the identical Senate Bill 6930B, Third Reading Calendar 1235.
Senator Harckham moves to discharge, from the Committee on Rules, Assembly Bill Number 7843B and substitute it for the identical Senate Bill 7706B, Third Reading Calendar 1240.
Senator Jackson moves to discharge, from the Committee on Civil Service and Pensions, Assembly Bill Number 8417 and substitute it for the identical Senate Bill 8181, Third Reading Calendar 1313.
Senator Hoylman-Sigal moves to discharge, from the Committee on Rules, Assembly Bill Number 4997 and substitute it for the identical Senate Bill 4289, Third Reading Calendar 1375.
Senator Bynoe moves to discharge, from the Committee on Environmental Conservation, Assembly Bill Number 8281 and substitute it for the identical Senate Bill 7862, Third Reading Calendar 1381.
Senator Bynoe moves to discharge, from the Committee on Environmental Conservation, Assembly Bill Number 8654 and substitute it for the identical Senate Bill 7863A, Third Reading Calendar 1382.
Senator Bynoe moves to discharge, from the Committee on Environmental Conservation, Assembly Bill Number 8661 and substitute it for the identical Senate Bill 7864, Third Reading Calendar 1383.
Senator Cooney moves to discharge, from the Committee on Rules, Assembly Bill Number 2496 and substitute it for the identical Senate Bill Number 3257, Third Reading Calendar 1396.
Senator Baskin moves to discharge, from the Committee on Consumer Protection, Assembly Bill Number 4521 and substitute it for the identical Senate Bill 6722, Third Reading Calendar 1413.
Senator Stec moves to discharge, from the Committee on Rules, Assembly Bill Number 4025 and substitute it for the identical Senate Bill 19, Third Reading Calendar 1430.
Senator Stec moves to discharge, from the Committee on Rules, Assembly Bill Number 8011 and substitute it for the identical Senate Bill 7368, Third Reading Calendar 1444.
Senator Scarcella-Spanton moves to discharge, from the Committee on Insurance, Assembly Bill Number 3280A and substitute it for the identical Senate Bill 3323A, Third Reading Calendar 1447.
ACTING PRESIDENT MAYER:So ordered.
SENATOR GIANARIS:Madam President, let's take up the Supplemental Active List No. 2, please.
ACTING PRESIDENT MAYER:The Secretary will read.
THE SECRETARY:Calendar Number 286, Assembly Bill Number 779, by Assemblymember Pheffer Amato, an act to amend the Civil Service 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:Ayes, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 383, Senate Print 2666A, by Senator Salazar, an act to amend the Correction 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 383, voting in the negative are Senators Borrello, Canzoneri-Fitzpatrick, Chan, Gallivan, Griffo, Martins, Oberacker, Ortt, Rhoads, Stec, Tedisco, Walczyk, Weber and Weik.
Ayes, 45. Nays, 14.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 567, Senate Print 5935A, by Senator Addabbo, an act to amend the Racing, Pari-Mutuel Wagering and Breeding Law.
SENATOR LANZA:Lay it aside.
ACTING PRESIDENT MAYER:The bill is laid aside.
THE SECRETARY:Calendar Number 589, Senate Print 5556, by Senator Hoylman-Sigal, an act to amend the Insurance Law.
SENATOR GIANARIS:Lay it aside for the day, please.
ACTING PRESIDENT MAYER:The bill is laid aside for the day.
THE SECRETARY:Calendar Number 707, Senate Print 5510, by Senator Parker, an act to require the New York State Energy Research and Development Authority to develop recommendations regarding the establishment of microgrids.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 3. 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 707, voting in the negative: Senators Oberacker and Walczyk.
Ayes, 57. Nays, 2.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 718, Senate Print 6533, by Senator Stavisky, an act to amend the Real Property Tax Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 4. 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:Ayes, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 736, Assembly Bill Number 7325, by Assemblymember Paulin, an act to amend Section 4 of Part C of Chapter 57 of the Laws of 2024.
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:Ayes, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 774, Assembly Bill Number 6556, by Assemblymember Rosenthal, an act to amend the Civil Practice Law and Rules.
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 774, voting in the negative: Senator Ortt.
Ayes, 58. Nays, 1.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 775, Assembly Bill Number 1890, by Assemblymember Glick, an act to amend the Real Property Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 60th 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:In relation to Calendar 775, 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, 37. Nays, 22.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 784, Senate Print 5997C, by Senator Gallivan, an act to amend the Highway Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 3. 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:Ayes, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 893, Assembly Bill Number 203B, by Assemblymember Cruz, an act to amend the Public Health Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 280th 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:In relation to Calendar 893, voting in the negative: Senator Oberacker.
Ayes, 58. Nays, 1.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 946, Senate Print 6446, by Senator May, an act to amend the General Business 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 946, voting in the negative are Senators Borrello, Griffo, Mattera, Oberacker, Palumbo and Walczyk.
Ayes, 53. Nays, 6.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 949, Assembly Bill Number 6624, by Assemblymember Pheffer Amato, an act to amend the Civil Service 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, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 987, Assembly Bill Number 3307A, by Assemblymember Bores, an act to amend the Uniform Commercial Code.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 88. 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:In relation to Calendar 987, voting in the negative: Senator Walczyk.
Ayes, 58. Nays, 1.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1009, Assembly Bill Number 7235, by Assemblymember Bichotte Hermelyn, an act to amend the Executive 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:Ayes, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1011, Senate Print 7001, by Senator Mayer, an act to amend the State Finance Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 9. 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, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1014, Senate Print 3966A, by Senator Stavisky, an act to amend the Education Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 3. 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, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1041, Assembly Bill Number 4723, by Assemblymember McDonald, an act to amend the State Finance Law.
SENATOR LANZA:Lay it aside.
ACTING PRESIDENT MAYER:The bill is laid aside.
THE SECRETARY:Calendar Number 1055, Senate Print 6360A, by Senator Harckham, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 6. 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 1055, voting in the negative: Senator Brisport.
Ayes, 58. Nays, 1.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1072, Senate Print 6008, by Senator Baskin, an act to amend the Highway Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 3. 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:Ayes, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1092, Senate Print 6578, by Senator Hinchey, an act to amend the Public Health Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 30th 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, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1108, Assembly Bill Number 8601A, by Assemblymember Ramos, an act authorizing New Hour for Women and Children LI, Inc., to receive retroactive real property tax exempt status.
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 1108, voting in the negative are Senators O'Mara and Skoufis.
Ayes, 57. Nays, 2.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1110, Senate Print 2078, by Senator Mayer, an act to amend the Labor Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 8. 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 1110, voting in the negative are Senators Borrello, Gallivan, Oberacker, Stec and Walczyk.
Ayes, 54. Nays, 5.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1176, Senate Print 5727, by Senator Harckham, an act to amend the Education Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 3. This act shall take effect one year 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, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1233, Senate Print 6265A, by Senator C. Ryan, an act to amend the Highway Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 3. 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 1233, voting in the negative: Senator Brisport.
Ayes, 58. Nays, 1.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1235, Assembly Bill Number 8237B, by Assemblymember Slater, an act to amend the Highway 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 1235, voting in the negative: Senator Brisport.
Ayes, 58. Nays, 1.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1236, Senate Print 6952A, by Senator Sanders, an act to amend the Highway Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 3. 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 1236, voting in the negative: Senator Brisport.
Ayes, 58. Nays, 1.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1238, Senate Print 7362A, by Senator Harckham, an act to amend the Highway Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 3. 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 1238, voting in the negative: Senator Brisport.
Ayes, 58. Nays, 1.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1240, Assembly Bill Number 7843B, by Assemblymember Slater, an act to amend the Highway 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:Ayes, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1243, Senate Print 7835A, by Senator Skoufis, an act to amend the Highway Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 3. 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:Ayes, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1252, Senate Print 3967B, by Senator Sepúlveda, an act to amend the Penal Law.
ACTING PRESIDENT MAYER: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 MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Senator Persaud to explain her vote.
SENATOR PERSAUD:Thank you, Madam President.
I rise to speak on this bill because it's a bill that's important in my district, the 19th Senatorial District. And I would like anyone in the chamber, at any given time, just to come down to see what happens in an area that's called the Penn Track.
This bill today relates to individuals engaged in sex work who are victims of or witnesses to crime. This is not about legalization of prostitution, as some may think. We tend to advocate for survivors of human trafficking and sexual violence, and hence I support this legislation.
Back in January, myself, Senator Cooney, Senator Webb, we convened a shareholders meeting to discuss sex trafficking. We convened with members across the transportation sector. We had representatives from the building industry, State DOT, State Police, and nonprofit organizations.
The major theme from that discussion was how do we empower the victims of sex trafficking to come forward and assist in delivering justice without themselves being criminalized.
And this bill gets to that. Someone who is a victim of trafficking in an area such as the Penn Track can come forward and speak with law enforcement without the fear of being placed in handcuffs. Too often the people who are being trafficked would not cooperate with law enforcement because they themselves are then made to be criminals.
This is a step in the right direction to help the people in my district, a district where even the federal government is currently working to remove the scourge of trafficking in the 19th Senatorial District.
If you look at any -- just Google it, you will see reports after reports after reports talking about what needs to be done on the Penn Track. Why is it that law enforcement can't get a handle on the young people -- as young as 10 years old -- being trafficked, and afraid to speak to law enforcement?
You can walk that area, it doesn't matter what time of day or night, and you will see people just like you and I walking the streets who are being manipulated by others, but they have no way out. Because if they walk into the arms of law enforcement, then they have another issue.
On Monday -- there was an article on Monday, Penn Track again: "Brooklyn man convicted of committing murder in the course of sex trafficking at Penn Track in East New York." This is my district. This is my district.
We need to eliminate the scourge of trafficking in my district. And I'm asking all of you to support me in this endeavor. We must end sex trafficking. We must allow the victims to be able to work with law enforcement without the fear that they themselves will become criminals. That's all I'm asking for.
And so to Senator Sepúlveda, I thank you for bringing this bill to the floor, because this is a bill that will help the people in Senate District 19, the most -- the worst place for sex trafficking that is being talked about across the country, a place called the Penn Track.
So Madam President, I vote aye.
Thank you.
ACTING PRESIDENT MAYER:Senator Persaud to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1258, Senate Print 3105, by Senator Cooney, an act to amend the Cannabis Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 3. 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 1258, voting in the negative are Senators Ashby, Borrello, Canzoneri-Fitzpatrick, Chan, Griffo, Lanza, Martinez, Martins, Mattera, Oberacker, Palumbo, Rhoads, Tedisco, Walczyk, Weber and Weik.
Ayes, 43. Nays, 16.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1278, Senate Print 2644, by Senator Addabbo, an act to amend the Insurance 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 1278, voting in the negative are Senators Canzoneri-Fitzpatrick and Walczyk.
Ayes, 57. Nays, 2.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1313, Assembly Bill Number 8417, by Assemblymember Pheffer Amato, an act amending Part B of Chapter 104 of the Laws of 2005.
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:Ayes, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1320, Senate Print 7380B, by Senator Gallivan, an act to amend the Highway Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 3. 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 1320, voting in the negative: Senator Brisport.
Ayes, 58. Nays, 1.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1359, Senate Print 6225, by Senator Rivera, an act to amend the Social Services Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 5. 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:In relation to Calendar 1359, voting in the negative: Senator Walczyk.
Ayes, 58. Nays, 1.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1375, Assembly Bill Number 4997, by Assemblymember Glick, an act to amend the Environmental Conservation Law.
SENATOR LANZA:Lay it aside.
ACTING PRESIDENT MAYER:The bill is laid aside.
THE SECRETARY:Calendar Number 1381, Assembly Bill Number 8281, by Assemblymember Schiavoni, an act to amend the Environmental Conservation 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:Ayes, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1382, Assembly Bill Number 8654, by Assemblymember Glick, an act to amend the Environmental Conservation 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:Ayes, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1383, Assembly Bill Number 8661, by Assemblymember Schiavoni, an act to amend Chapter 366 of the Laws of 2011.
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 1383, voting in the negative are Senators Brisport, Martinez and Skoufis.
Ayes, 56. Nays, 3.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1396, Assembly Bill Number 2496, by Assemblymember McDonald, an act to amend the State Finance 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:Ayes, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1407, Senate Print 704A, by Senator Krueger, an act to amend the General Business Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 4. This act shall take effect September 1, 2026.
ACTING PRESIDENT MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Announce the results.
THE SECRETARY:In relation to Calendar 1407, voting in the negative: Senator Walczyk.
Ayes, 58. Nays, 1.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1413, Assembly Bill Number 4521, by Assemblymember Hyndman, an act to amend the General Business 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:Ayes, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1430, Assembly Bill Number 4025, by Assemblymember Simpson, an act to amend the Public Officers 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 1430, voting in the negative are Senators Brisport and Weik.
Ayes, 57. Nays, 2.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1444, Assembly Bill Number 8011, by Assemblymember Jones, an act to amend the 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 1444, voting in the negative are Senators Canzoneri-Fitzpatrick, Gallivan, Harckham, Helming, Lanza, Martinez, Mattera, O'Mara, Palumbo, C. Ryan, Scarcella-Spanton, Skoufis and Weik.
Ayes, 46. Nays, 13.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1447, Assembly Bill Number 3280A, by Assemblymember Bichotte Hermelyn, an act to amend the Insurance Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 5. This act shall take effect January 1, 2027.
ACTING PRESIDENT MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Announce the results.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1524, Senate Print Number 1744A, by Senator Hoylman-Sigal, an act to amend the Criminal Procedure 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, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1543, Senate Print 106, by Senator Comrie, an act to amend the Vehicle and Traffic 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:In relation to Calendar 1543, voting in the negative are Senators Borrello, Canzoneri-Fitzpatrick, Chan, Gallivan, Griffo, Helming, Lanza, Oberacker, O'Mara, Ortt, Stec, Tedisco, Walczyk and Weber.
Ayes, 45. Nays, 14.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1565, Senate Print 8045, by Senator Bynoe, an act to amend the Executive 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, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1567, Senate Print 8091, by Senator Cooney, an act to amend the 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 1567, voting in the negative are Senators Ashby, Borrello, Bynoe, Canzoneri-Fitzpatrick, Chan, Gallivan, Griffo, Lanza, Martinez, Martins, Mattera, Oberacker, O'Mara, Ortt, Palumbo, Rhoads, Stec, Tedisco, Walczyk, Weber and Weik.
Ayes, 38. Nays, 21.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1599, Senate Print 634B, by Senator Liu, an act to amend the Insurance Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 4. 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 1599, voting in the negative: Senator Walczyk.
Ayes, 58. Nays, 1.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1602, Senate Print 1757, by Senator Persaud, an act to amend the Social Services Law.
ACTING PRESIDENT MAYER: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 MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Announce the results.
THE SECRETARY:In relation to Calendar 1602, voting in the negative are Senators Ashby, Borrello, Canzoneri-Fitzpatrick, Chan, Gallivan, Griffo, Mattera, Oberacker, Palumbo, Rhoads, Stec, Tedisco, Walczyk, Weber and Weik.
Ayes, 44. Nays, 15.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1613, Senate Print 3262, by Senator Cooney, an act to amend the Banking Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 6. 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:In relation to Calendar 1613, voting in the negative: Senator Ortt.
Ayes, 58. Nays, 1.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1670, Senate Print 8370, 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 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, 59.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1671, Senate Print 8371, by Senator Brisport, 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:Announce the results.
THE SECRETARY:In relation to Calendar 1671, voting in the negative: Senator Martinez.
Ayes, 58. Nays, 1.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1672, Senate Print Number 8373, by Senator Hoylman-Sigal, an act to amend the Surrogate's Court Procedure Act.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 8. This act shall take effect on the 60th 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:In relation to Calendar 1672, voting in the negative are Senators Borrello, Chan, Griffo, Helming, Oberacker, Rhoads and Walczyk.
Ayes, 52. Nays, 7.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1673, 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.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 17. 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 1673, voting in the negative: Senator Walczyk.
Ayes, 58. Nays, 1.
ACTING PRESIDENT MAYER:The bill is passed.
Senator Gianaris, that completes the reading of the calendar.
SENATOR GIANARIS:At this time, Madam President, we're going to move to the controversial calendar.
ACTING PRESIDENT MAYER:The Secretary will ring the bell.
The Secretary will read.
THE SECRETARY:Calendar Number 567, Senate Print 5935A, by Senator Addabbo, an act to amend the Racing, Pari-Mutuel Wagering and Breeding Law.
ACTING PRESIDENT MAYER:Senator Canzoneri-Fitzpatrick, why do you rise?
SENATOR CANZONERI-FITZPATRICK:Good evening, Madam President.
ACTING PRESIDENT MAYER:Good evening.
SENATOR CANZONERI-FITZPATRICK:I was wondering if the sponsor would yield for a few questions.
ACTING PRESIDENT MAYER:Will the sponsor yield? Senator Addabbo, do you yield?
SENATOR ADDABBO:Yes, Madam President.
ACTING PRESIDENT MAYER:The sponsor yields.
SENATOR CANZONERI-FITZPATRICK:Thank you, Senator Addabbo.
My understanding is that this bill is going to prohibit online sweepstakes games and revenue from illegal markets, and I was hoping you could clarify for me -- through you, Madam President -- what illegal markets are you referring to in this bill?
SENATOR ADDABBO:Through you, Madam President. As of now, our state has not legalized online gaming. The legal markets currently are the seven licensed casinos in New York and any other gaming issue that has been authorized by New York.
SENATOR CANZONERI-FITZPATRICK:Through you, Madam President, will the sponsor continue to yield.
ACTING PRESIDENT MAYER:Do you continue to yield? Senator Addabbo, do you continue to yield?
SENATOR ADDABBO:Oh, I'm sorry, Madam President. Yes, of course.
ACTING PRESIDENT MAYER:The Senator yields.
SENATOR CANZONERI-FITZPATRICK:So my understanding is that simple digital spin-the-wheel or bracket-style predictors, you know, different things that we might see on our phone might be considered this type of digital online gaming. Is that correct?
SENATOR ADDABBO:There are many forms -- Madam President, through you. There are many forms of digital games on your phone. This bill particularly, specifically talks about online casino-type games.
SENATOR CANZONERI-FITZPATRICK:Through you, Madam President, will the sponsor continue to yield.
ACTING PRESIDENT MAYER:Do you continue to yield?
SENATOR ADDABBO:Yes, Madam President.
ACTING PRESIDENT MAYER:Senator Addabbo yields.
SENATOR CANZONERI-FITZPATRICK:Okay. So my understanding is that the enforcement of these provisions is going to be the responsibility of the State Gaming Commission, the State Police, and the Attorney General's office. And I'm wondering how they intend to try to enforce online activity.
SENATOR ADDABBO:Through you, Madam President. Through the issuance of cease-and-desist orders. And other methods that they can use for enforcement.
SENATOR CANZONERI-FITZPATRICK:I'm sorry, could you repeat that?
SENATOR ADDABBO:Sure. Again, through you, Madam President. Through cease-and-desist orders and any other means of enforcement that the Gaming Commission or the Attorney General has at its disposal.
SENATOR CANZONERI-FITZPATRICK:Through you, Madam President, will the sponsor continue to yield.
ACTING PRESIDENT MAYER:Do you continue to yield?
SENATOR ADDABBO:Yes, Madam President.
ACTING PRESIDENT MAYER:The sponsor yields.
SENATOR CANZONERI-FITZPATRICK:So would Starbucks' Star Days, McDonald's Monopoly, Jersey Mike's sports predictor games or other promotional sweepstakes become illegal on day one?
SENATOR ADDABBO:Through you, Madam President. Definitely not.
Again, specifically in language, Section 912(a) says casino games, casino-style games. And it's listed in the legislation.
SENATOR CANZONERI-FITZPATRICK:Through you, Madam President, will the sponsor continue to yield.
ACTING PRESIDENT MAYER:Do you continue to yield?
SENATOR ADDABBO:Yes, Madam President.
ACTING PRESIDENT MAYER:Yes, the sponsor yields.
SENATOR CANZONERI-FITZPATRICK:The Attorney General already has power to prosecute unlawful gaming, so I'm wondering -- in Article 225 of the Penal Law it already gives the Attorney General broad investigative authority. What does this legislation add to it?
SENATOR ADDABBO:Through you, Madam President. Again, what this bill does, it does clarify what is the illegal activity which is the online gaming, casino-style online gaming.
SENATOR CANZONERI-FITZPATRICK:Through you, Madam President, will the sponsor continue to yield?
SENATOR ADDABBO:Yes, Madam President.
SENATOR CANZONERI-FITZPATRICK:So through you, Madam President. If I could read to you, proposed 912(2)(b) reads: "It shall be unlawful for any applicant, licensed entity, financial institution, payment processor, geolocation provider, gaming content supplier, platform provider, or media affiliate to support the operation, conduct, or promotion of online sweepstakes games within the State of New York."
My question for you is, are we turning credit unions and banks into law enforcement agencies?
SENATOR ADDABBO:Through you, Madam President, no.
Again, this is an illegal activity. And no entity should facilitate an illegal activity. So if there is a credit union who is promoting, conducting or operating an illegal activity, such as these online sweepstakes casinos, that would be the only way that they would be, again, given a fine.
But no, we are not asking them to enforce.
SENATOR CANZONERI-FITZPATRICK:Through you, Madam President, will the sponsor continue to yield?
SENATOR ADDABBO:Yes, Madam President.
ACTING PRESIDENT MAYER:Do you continue to yield?
The sponsor yields.
SENATOR CANZONERI-FITZPATRICK:So continuing on that line, though, if a company is using their bank to collect payments from online gaming, aren't you putting the responsibility on the financial institution to know what all of their customers are doing? The same way that we don't check when Macy's is charging a credit card for purchase of merchandise, we don't expect the bank to know what Macy's is doing.
Now you're putting that burden on these other vendors.
SENATOR ADDABBO:Through you, Madam President. No, the idea is, again, through federal law and state law, actually, we're not asking them to take a background check on their entities.
The bottom line is if they knowingly take the money that was, again, in part of them, the credit union or the lending institution, financial institution -- if they are, again, part of an illegal activity that they know of to promote, conduct or operate, that's the only time they'd be in trouble.
So we're not looking to them to do a background check on their clients or anyone who's opening up a new account, no.
But if the entity opens up a new account -- or I should say the customer opens up a new account and they give a free coin or they give some free kind of way to use the online illegal activity, then they are in trouble. Because there again, once again, they're facilitating an illegal activity in New York.
SENATOR CANZONERI-FITZPATRICK:Through you, Madam President, will the sponsor continue to yield.
ACTING PRESIDENT MAYER:Do you continue to yield?
SENATOR ADDABBO:Yes, Madam President.
ACTING PRESIDENT MAYER:The sponsor yields.
SENATOR CANZONERI-FITZPATRICK:So through you, Madam President. By the example that was just given, though, you're expecting a financial institution to know what their customer is doing. And you're putting a burden on the financial institution to know whether or not their customer is giving away a free coin with something that they're promoting.
SENATOR ADDABBO:Madam President, through you. No, not that they know that the entity is, that they are. If the institution is giving it away.
SENATOR CANZONERI-FITZPATRICK:Through you, Madam President, will the sponsor continue to yield.
SENATOR ADDABBO:Yes, Madam President.
SENATOR CANZONERI-FITZPATRICK:Does the bill guarantee notice and an opportunity to cure before the Gaming Commission levies a violation? Because my understanding is the violations can be up to $100,000.
SENATOR ADDABBO:That is true, anywhere from 10,000 to 100,000.
SENATOR CANZONERI-FITZPATRICK:Through you, Madam President, will the sponsor continue to yield.
ACTING PRESIDENT MAYER:Do you continue to yield?
SENATOR ADDABBO:Yes, Madam President.
ACTING PRESIDENT MAYER:The sponsor yields.
SENATOR CANZONERI-FITZPATRICK:Okay. So under that violation, 10,000 to 100,000, will there be some opportunity for -- a person who's been cited for violating this provision, will they be given some warning such that -- let me rephrase it.
You're going to get a $10,000 violation and work your way up to the 100,000, so that you're going to know before you get to the 100,000? Or is the 100,000 potentially the fee that could be charged for a first violation?
SENATOR ADDABBO:Through you, Madam President. The due process of the Attorney General and the Gaming Commission will give them a warning. They'd be, again, reached out to, yes.
SENATOR CANZONERI-FITZPATRICK:Through you, Madam President, will the sponsor continue to yield.
ACTING PRESIDENT MAYER:Will the sponsor yield?
SENATOR ADDABBO:Yes, Madam President.
ACTING PRESIDENT MAYER:The sponsor yields.
SENATOR CANZONERI-FITZPATRICK:So who has primary responsibility, the Gaming Commission or the Attorney General? What if there's a conflict between those entities?
SENATOR ADDABBO:Through you, Madam President. It's a cooperative effort with each other. So the Gaming Commission, the Attorney General's office, they do speak to each other. State law enforcement as well.
SENATOR CANZONERI-FITZPATRICK:Through you, Madam President, will the sponsor continue to yield.
SENATOR ADDABBO:Yes, Madam President.
ACTING PRESIDENT MAYER:The sponsor yields.
SENATOR CANZONERI-FITZPATRICK:So if Apple or Google host an app and somewhere offer a dual currency promotion, is that a platform that's exposed to the penalties under 912(2)(b)?
SENATOR ADDABBO:Through you, Madam President. If they are operating an illegal online casino-style game, yes. It's not legal in New York.
SENATOR CANZONERI-FITZPATRICK:Through you, Madam President, will the sponsor continue to yield.
ACTING PRESIDENT MAYER:Do you continue to yield?
SENATOR ADDABBO:Yes, Madam President.
ACTING PRESIDENT MAYER:The sponsor yields.
SENATOR CANZONERI-FITZPATRICK:Has the fiscal note quantified potential job or investment losses if legitimate promotional tools migrate to friendlier jurisdictions?
SENATOR ADDABBO:Through you, Madam President, that's not anticipated to occur under this, no.
SENATOR CANZONERI-FITZPATRICK:Through you, Madam President, will the sponsor continue to yield.
ACTING PRESIDENT MAYER:Do you continue to yield?
SENATOR ADDABBO:Yes, Madam President.
ACTING PRESIDENT MAYER:The sponsor yields.
SENATOR CANZONERI-FITZPATRICK:Thank you, Senator.
So my question also, how are we going to track down companies that are promoting online casinos if they are not within New York? How is our jurisdiction going to get to the people that are putting something on my phone or your phone here physically in New York and they're out of New York State?
SENATOR ADDABBO:Through you, Madam President. We do that already. We monitor already what is online illegal activity. So this is an online illegal casino-type game, then that's what we already do. We already monitor, Madam Leader -- Madam President.
SENATOR CANZONERI-FITZPATRICK:Through you, Madam President, will the sponsor continue to yield.
ACTING PRESIDENT MAYER:Do you continue to yield?
SENATOR ADDABBO:Yes, Madam President.
ACTING PRESIDENT MAYER:The sponsor yields.
SENATOR CANZONERI-FITZPATRICK:So admittedly I haven't had a chance to really dive into this in great detail, but my understanding is that there's some conflicts between Section 912(2) and (3) regarding uncertainty about the true intended targets of the bill and its penalty provisions.
And I'm wondering if you have any comment on the fact that, you know, there might be some conflict between those provisions.
SENATOR ADDABBO:Madam President, on our side we do not think there's a conflict at all. I think it's rather clear what we're trying to -- the intent of bill is to eliminate illegal gaming activity online.
SENATOR CANZONERI-FITZPATRICK:Through you, Madam President, will the sponsor continue to yield.
ACTING PRESIDENT MAYER:Do you continue to yield?
SENATOR ADDABBO:Yes, Madam President.
ACTING PRESIDENT MAYER:The sponsor yields.
SENATOR CANZONERI-FITZPATRICK:And just one last question. Is there anything here that will protect minors from getting access to online gaming?
SENATOR ADDABBO:Madam President, through you. When we make it illegal through this bill and it gets passed, the answer is yes.
That's the whole real push here. These online sites, these online illegal sites target minors. With a click of a button, you're 21, and it's wrong. There is no checking of age on most of these sites. So you want to talk about a site that targets minors, that's exactly what this bill is going to do.
And until we regulate it in New York, it's going to continue to happen and proliferate. So this bill actually addresses that whole issue about are we allowing minors to, you know, game illegally and entice them to game. That's what this bill addresses.
SENATOR CANZONERI-FITZPATRICK:Thank you, Madam President. On the bill.
ACTING PRESIDENT MAYER:Senator Canzoneri-Fitzpatrick on the bill.
SENATOR CANZONERI-FITZPATRICK:Thank you, Senator Addabbo, for answering my questions.
I certainly applaud the intent, that we are trying to control gaming, make sure that it doesn't fall into the hands of minors. Because we certainly know that what goes on on our phones is quite aggressive when it comes to getting to our minors.
I do have some concerns about the responsibility that you are putting on financial institutions, because I think it is a little unclear as to what their responsibility is. And I'm hoping that we can work on clarifying that in the future.
Thank you, Madam President.
ACTING PRESIDENT MAYER:Thank you.
Senator Rhoads, why do you rise?
SENATOR RHOADS:I was hoping that my good friend Senator Addabbo may yield to a couple of questions.
ACTING PRESIDENT MAYER:Senator Addabbo, do you yield?
SENATOR ADDABBO:I yield, Madam President.
ACTING PRESIDENT MAYER:The Senator yields.
SENATOR RHOADS:Thank you. Through you, Madam President.
What exactly -- I admittedly am not as familiar with online gaming as some may be. Can you please explain to me what counts as a -- what is a dual currency system?
SENATOR ADDABBO:Dual currency, they'll be gold coins and they'll be sweepstakes coins. And that's what they use to entice you to play. You think you're playing and you're actually gaining these coins, but in the end these coins equate to cash prizes, which makes it, again, illegal.
SENATOR RHOADS:Will the sponsor continue to yield.
ACTING PRESIDENT MAYER:Do you continue to yield?
SENATOR ADDABBO:Yes, Madam President.
ACTING PRESIDENT MAYER:The sponsor yields.
SENATOR RHOADS:So I know that you've already said that games like Starbucks -- I have the Starbucks app, and they will offer their spin-the-wheel game so that you can actually win a free coffee or a free breakfast sandwich or something like that. Those aren't included in this bill, correct?
SENATOR ADDABBO:Through you, Madam President, correct.
SENATOR RHOADS:And will the sponsor continue to yield?
ACTING PRESIDENT MAYER:Do you continue to yield?
SENATOR ADDABBO:Yes, Madam President.
ACTING PRESIDENT MAYER:The sponsor yields.
SENATOR RHOADS:I was listening intently to Senator Canzoneri-Fitzpatrick's questioning and your answers, and there seemed to be an inconsistency with respect to some of the language that's contained in the bill.
With respect to online payment processors specifically, you used the term "knowingly" in terms of when they would be violating Section 912. However, Section 912 specifically states -- it uses the term "support the operation." It doesn't use the term "knowingly support the operation."
Is this a knowing standard? And if so, where is intent included in the statute? Because it doesn't seem to have that in the language.
SENATOR ADDABBO:(Conferring.) Through you, Madam President. There is an overlying federal law regarding what is illegal, and they would have to adhere to the federal law at that level.
SENATOR RHOADS:Will the sponsor continue to yield.
ACTING PRESIDENT MAYER:Do you continue to yield?
SENATOR ADDABBO:Yes, Madam President.
ACTING PRESIDENT MAYER:The sponsor yields.
SENATOR RHOADS:Well, since you use very specific terminology in Section 912(2)(b) which says that a payment processor would be violating the statute if they support the operation, conduct or promote sweepstakes games within the State of New York.
So how does that language reconcile with federal law that you're saying is controlling? And if federal law is controlling, what's the purpose of the statute?
SENATOR ADDABBO:(Conferring.) Through you, Madam President. Actually, the federal law does say that if you're doing illegal gaming activity under federal or state law -- that is stated in the federal law -- then you would be obviously knowing about the illegal activity in New York State.
SENATOR RHOADS:Will the sponsor continue to yield.
ACTING PRESIDENT MAYER:Do you continue to yield?
SENATOR ADDABBO:Yes, Madam President.
ACTING PRESIDENT MAYER:The sponsor yields.
SENATOR RHOADS:If I understand the last answer correctly, it's that if you are violating federal or state law, you would knowingly be in violation? I didn't really understand the last response.
What I'm trying to get to is under federal law, if federal law regulates this area, what is the purpose of the state law provision? And then I'll have a follow-up question to that.
SENATOR ADDABBO:Through you, Madam President. The federal law refers to both federal law and state law when it comes to gaming issues. That's why, again, we feel it's in our jurisdiction to address this illegal gaming activity in New York State.
SENATOR RHOADS:Will the sponsor continue to yield.
ACTING PRESIDENT MAYER:Do you continue to yield?
SENATOR ADDABBO:Yes, Madam President.
ACTING PRESIDENT MAYER:The sponsor yields.
SENATOR RHOADS:So then I'll switch to what -- the meaning here of the state law that's proposed.
When you say that a payment processor, geolocation provider, gaming content supplier, platform provider or media affiliate would be guilty if they support the operation, conduct or promote sweepstakes games within the State of New York, what does that mean in the context of your earlier statement that they have to knowingly do so?
SENATOR ADDABBO:So they provide a service in which right now they are thinking they have a loophole with the dual currency. Through you, Madam President, that they have a loophole through the dual currency.
But if they now knowingly -- that they have an illegal activity in New York State after this bill, then the bottom line is we would obviously have the opportunity to find them and hopefully eliminate them in New York State.
SENATOR RHOADS:Will the sponsor continue to yield?
ACTING PRESIDENT MAYER:Do you continue to yield?
SENATOR ADDABBO:Yes, Madam President.
ACTING PRESIDENT MAYER:The sponsor yields.
SENATOR RHOADS:What sorts of -- when you say "knowingly," how do you qualify that? In other words, what types of activity, what types of information would they have to have in order for it to be determined that they knew that their client was actually engaging in this type of activity?
SENATOR ADDABBO:Through you, Madam President. The federal law that I referred to, that both states federal law and state law, has safe-harbor language in there to basically lay out what is knowingly.
SENATOR RHOADS:And will the sponsor continue to yield.
ACTING PRESIDENT MAYER:Do you continue to yield?
SENATOR ADDABBO:Yes, Madam President.
ACTING PRESIDENT MAYER:The sponsor yields.
SENATOR RHOADS:Where in the state law does it refer to those criteria?
SENATOR ADDABBO:Madam President, through you. It's under federal law that it refers to federal and state law.
SENATOR RHOADS:Will the sponsor continue to yield.
ACTING PRESIDENT MAYER:Do you continue to yield?
SENATOR ADDABBO:Yes, Madam President.
ACTING PRESIDENT MAYER:The sponsor yields.
SENATOR RHOADS:I don't mean to be obtuse on this, but we're passing a state statute today. Does the statute refer to the criteria that are laid out in federal law anywhere so that there's some guidance as to how these payment processors or geolocation providers can actually be in compliance with state law?
SENATOR ADDABBO:Madam President, again, we don't have to lay that out. If it's laid out under federal law, we don't have to lay that out.
And the federal law is giving us the opportunity as a state to regulate it in New York -- in this case ban it, the illegal activity. So we don't have to lay it out if it's already laid out in the federal law.
SENATOR RHOADS:Thank you for that response.
Will the sponsor continue to yield?
ACTING PRESIDENT MAYER:Do you continue to yield?
SENATOR ADDABBO:Yes, Madam President.
ACTING PRESIDENT MAYER:The sponsor yields.
SENATOR RHOADS:The legislation indicates that the Gaming Commission can decide when a simple digital spin-the-wheel or bracket-style predictor crosses the line.
How exactly will the commission engage in this type of rule-making?
SENATOR ADDABBO:Through you, Madam President. Obviously the Gaming Commission is in the business of regulating gaming in New York. They do have obviously the means and the wherewithal to regulate this kind of illegal activity or identify this illegal activity in New York.
SENATOR RHOADS:And do we know what the evidentiary threshold is going to be? Or is that the same federal -- oh, does the sponsor yield? Sorry.
ACTING PRESIDENT MAYER:Does the sponsor continue to yield?
SENATOR ADDABBO:Yes, Madam President.
ACTING PRESIDENT MAYER:The sponsor yields.
SENATOR RHOADS:Do we know what the evidentiary threshold is going to be for a violation of state law? Or is that the same criteria in the federal law that you indicated?
SENATOR ADDABBO:Once again -- Madam President, again, through you. Once again, we have not legalized online casino games in New York. Once you do that and you're allowing people to win money off of it, it's illegal. So.
SENATOR RHOADS:Will the sponsor continue to yield?
ACTING PRESIDENT MAYER:Do you continue to yield?
SENATOR ADDABBO:Yes, Madam President.
ACTING PRESIDENT MAYER:The sponsor yields.
SENATOR RHOADS:I understand that. I'm referring specifically to not the ones that are actually providing games, but the ones that are processing the payments. Right?
How -- how -- what will the evidentiary threshold be to determine whether or not there was a violation by those actors? Not the ones that are engaging in it directly, but the ones that are knowingly supporting that activity by processing payments?
SENATOR ADDABBO:Madam President, through you. Again, in looking at the federal law, there's safe-harbor listings that are what is actually the activity that -- their responsibility, it's listed there. So it's going to be under federal law at that point.
SENATOR RHOADS:Okay. All right. Will the sponsor continue to yield.
ACTING PRESIDENT MAYER:Do you continue to yield?
SENATOR ADDABBO:Yes, Madam President.
ACTING PRESIDENT MAYER:The sponsor yields.
SENATOR RHOADS:At some future date, if this does pass today, would the sponsor consider actually spelling those out in the statute so that it's clear?
SENATOR ADDABBO:Through you, Madam President. If it's listed already under federal law, I don't know -- see the reasoning why it's our responsibility to do that, Madam President.
SENATOR RHOADS:Will the sponsor continue to yield?
ACTING PRESIDENT MAYER:Do you continue to yield?
SENATOR ADDABBO:Yes, Madam President.
ACTING PRESIDENT MAYER:The sponsor yields.
SENATOR RHOADS:But is there any reference in this statute to the federal law at all?
SENATOR ADDABBO:Madam President, through you. There's no reason to list it if it's already existing federal law.
SENATOR RHOADS:Thank you, Senator Addabbo. I appreciate it.
I'm going to speak briefly on the bill, if that's okay.
ACTING PRESIDENT MAYER:Senator Rhoads on the bill.
SENATOR RHOADS:Yeah, I certainly understand and I applaud the idea behind the bill-in-chief. Online gaming is certainly something that's not permitted in the State of New York. We certainly don't want that to fall into the wrong hands.
You know, I am a little curious as to why we didn't try to take a more targeted approach specifically at those bad actors that are engaging in this, and why we've included payment processors, geolocation providers who -- we're now all of a sudden putting the burden on them to make a determination as to what activity is or isn't illegal that's being done by third parties that they happen to service.
I just am also concerned that it's not clear as to what constitutes a violation. You know, I know Senator Addabbo was kind enough to refer to federal statute. But in looking at a state statute and whether or not there's a violation of a state statute, if I'm doing business in the State of New York, I want to know how can I avoid violating state law.
But if the criteria on how I can avoid violating state law aren't listed in the state statute, I might not know to look at the federal statute. I'm not involved in gaming. Why would I look at the federal gaming statute if I'm an online payment processor?
It just seems as though, even though well-intentioned, this constitutes a bit of an overreach, and I just wish there was more clarity in the bill.
But I thank you for your indulgence, Madam President.
ACTING PRESIDENT MAYER: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 MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Senator Addabbo to explain his vote.
SENATOR ADDABBO:Thank you, Madam President.
I want to thank my colleagues -- sit down --
(Laughter.)
SENATOR ADDABBO:I want to thank my colleagues for their support here. And I do appreciate the dialogue with my friends on the other side.
You know, we have an opportunity here, since the state has not legalized online gaming yet, Senator Krueger -- the bottom line is this.
(Laughter.)
SENATOR ADDABBO:Without doing it, what happens is we lose not only significant sustainable revenue, but we lose the opportunity of helping people with a problem gaming addiction.
These sweepstakes casinos -- and why we should feel proud of what we do today -- have been targeting minors, have been allowing people to game illegally. And we're taking a good step to avoid that.
You know, when New York is surrounded by other states that have online gaming -- New Jersey, Pennsylvania, Connecticut -- we lose money to them. But more importantly, we lose money to an illegal activity. We lose money to an online shadow -- business in the shadows that we don't know. It's an illegal market that's really doing very well. And now we're trying to put a little light on that illegal market. And I think that's a great step we take.
I appreciate the efforts of this body. I appreciate the efforts of the Attorney General's office. I appreciate the efforts of the Gaming Commission, and our leader for allowing this to come forward. Because until we legalize online gaming in New York, we do not want the illegal market to expand, to grow, to target minors, to target those who have a problem.
The fines that will be issued through this bill, we should know those fines that are collected go right to problem gaming programs. So we are going to be still helping people -- even more so -- with a gaming addiction.
Madam President, I thank you so much, and I'll be voting yes on the bill.
ACTING PRESIDENT MAYER:Senator Addabbo to be recorded in the affirmative.
Senator Krueger to explain her vote.
SENATOR KRUEGER:Thank you so much, Madam President.
I am voting yes for this bill, but I appreciate the debate and my colleague's presentation because it highlights for me exactly why I don't support online gaming of any sort -- the illegal we are trying to outlaw tonight or hopefully never the legal. Because the discussions between my colleagues back and forth highlight how easily it is to figure out how to exploit people who can so easily get hooked into gambling, particularly when it's on a phone in front of them with one credit card entry at one point in their lives.
So thank you, Senator, for laying out why we need this bill, and for hopefully educating us to think about why we shouldn't be allowing any of this to happen legally or illegally in our state.
But I vote yes. Thank you.
ACTING PRESIDENT MAYER:Senator Krueger to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar 567, voting in the negative are Senators O'Mara and Ortt.
Ayes, 57. Nays, 2.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1041, Assembly Bill Number 4723, by Assemblymember McDonald, an act to amend the State Finance Law.
ACTING PRESIDENT MAYER:Senator Martins, why do you rise?
SENATOR MARTINS:Madam President, I was hoping that the sponsor would yield for a few questions.
ACTING PRESIDENT MAYER:Will the sponsor yield? Senator Cooney, do you yield?
SENATOR COONEY:Madam President, yes.
ACTING PRESIDENT MAYER:The Senator yields.
Could we have some quiet in the chamber? Thank you.
SENATOR MARTINS:Thank you, Senator.
Although I appreciate the purpose of the bill before us, Madam President, in that it would go a long way towards addressing a serious concern, an environmental concern with regard to disposing of surplus property of New York State, I'm concerned and troubled by the fact that the bill appears to run counter to the State Constitution, specifically Article VII, Section 8, which prohibits gifts, prohibits the state from taking property of the state and giving it to any entity, whether it's a not-for-profit or for-profit or individual.
There's a clear prohibition in Article VII, Section 8, of the State Constitution. And I would just ask the sponsor how we would reconcile the bill to the clear prohibition in the State Constitution.
SENATOR COONEY:Through you, Madam President, I appreciate the question by Senator Martins.
I think the way to look at this legislation is that it provides an additional option, not a mandate. So what this legislation would do is it would give a state agency the ability to sell surplus furniture or items at auction, to have it be sold at the state store in Senator Fahy's district over at the Harriman Campus, or now, if this bill passes, to donate this surplus furniture or items to a registered 501(c)(3) not-for-profit organization in our state.
How it probably addresses the gifting clause that you're referring to, Senator, is that we recognize that we already do donations and grants through the state government to not-for-profits, recognizing that there is a public purpose for that grant from time to time that we make.
This just allows these items not to have to be transferred in a way that results in either not having a financial benefit to the state, or unfortunately in cases going into the landfill, or costing taxpayer dollars by having them sit in storage facilities.
So we don't believe that this would violate any gifting because it's not going to an individual, rather going to a not-for-profit organization.
SENATOR MARTINS:Through you, Madam President, if the sponsor would continue to yield.
ACTING PRESIDENT MAYER:Do you continue to yield?
SENATOR COONEY:Yes.
ACTING PRESIDENT MAYER:The sponsor yields.
SENATOR MARTINS:If you don't mind, why don't we perhaps walk through the process as you see it, through your bill, as to how this surplus material would be disposed of?
Would it first be -- Madam President, through you -- would it first be put up for sale?
SENATOR COONEY:Under -- through you, Madam President. The process of which the surplus property can be disposed of is that it has to go through a number of steps.
First, the state agency would have to offer it to other state agencies to see if there was a need.
Second, there would be the ability for an evaluation of the property, the surplus property. Then they'd have the ability to either auction it and then, in this case, if they chose not to auction it, they could donate it directly to a not-for-profit that has all of its filings in good standing with the state.
I will say that this is not something that is too out of line with what we see other governmental organizations do. We know, for example, the federal government has a similar process in disposing of their surplus property through the GSA.
In our case, obviously in New York, a little bit different. We would rely on OGS to help facilitate this process.
SENATOR MARTINS:Thank you, Madam President. Through you, if the sponsor would continue to yield.
ACTING PRESIDENT MAYER:Do you continue to yield?
SENATOR COONEY:Absolutely.
ACTING PRESIDENT MAYER:The sponsor yields.
SENATOR MARTINS:But I'm sure you would agree that there's one obstacle here in New York that doesn't exist in the U.S. government or in federal considerations, which is the State Constitution itself. Right?
SENATOR COONEY:Is that a question?
SENATOR MARTINS:It is.
SENATOR COONEY:I understand that we'd have jurisdiction underneath the New York State Constitution, yes.
SENATOR MARTINS:Through you, Madam President, if the sponsor would continue to yield.
ACTING PRESIDENT MAYER:Do you continue to yield?
SENATOR COONEY:Yes.
ACTING PRESIDENT MAYER:The Senator yields.
SENATOR MARTINS:I believe the bill would also allow each state agency, once there's a determination as to the value of a particular piece of equipment or piece of property, to have the discretion to dispose of it if they believe that the value of that property is less than the amount that was set.
That would be done by the state agency itself, isn't that right?
SENATOR COONEY:Through you, Madam President, that is correct.
SENATOR MARTINS:So before -- through you, Madam President, if the sponsor would continue to yield.
ACTING PRESIDENT MAYER:Do you continue to yield?
SENATOR COONEY:Yes.
ACTING PRESIDENT MAYER:The Senator yields.
SENATOR MARTINS:So before it's put up for sale, before it's determined whether or not someone wants to buy it at auction, if there's a value placed on that piece of equipment, on that furniture or whatnot, or that piece of property, that a department head, an agency head can on their own, without trying to sell it, without trying to do anything else, can actually donate it to a not-for-profit agency.
SENATOR COONEY:Through you, Madam President. So just from a process standpoint, the valuation that you just referred to, Senator Martins, would take place after they've tried to sell this property through surplus property already.
So in terms of procedure, that valuation would come secondarily.
SENATOR MARTINS:Through you, Madam President, if the sponsor would continue to yield. Just a few more questions.
ACTING PRESIDENT MAYER:Do you continue to yield?
SENATOR COONEY:Yes.
ACTING PRESIDENT MAYER:The Senator yields.
SENATOR MARTINS:So in every instance, Senator, if I understand correctly, there's going to be an attempt to sell the property, hand it off to another agency, sell the property and to use it or receive some benefit back. And only after there is no takers and nobody offers anything for this property, in the ultimate instance that it isn't sold at auction, not even for anything, that the agency would then have the discretion, and only under those circumstances, to hand it off to a not-for-profit.
SENATOR COONEY:I think we're almost there, Senator Martins.
So after the valuation takes place, then there's a series of options that the state agency would have to dispose of said property. So it wouldn't be that they have to do Option 1, Option 2, Option 3 first. Offer it to a state agency, sell it at auction. They could choose which methodology they have to dispose of it. This would allow the addition of donating it to a not-for-profit organization. In those options of disposal of surplus property.
SENATOR MARTINS:Through you, Madam President, if the sponsor would continue to yield.
ACTING PRESIDENT MAYER:Do you continue to yield?
SENATOR COONEY:Yes.
ACTING PRESIDENT MAYER:The Senator yields.
SENATOR MARTINS:And so, Senator, would that decision be made at the agency level and they decide whether or not it's worth transferring it, selling it, or giving it to somebody?
SENATOR COONEY:That's correct.
SENATOR MARTINS:Through you, Madam President, if the sponsor would continue to yield.
ACTING PRESIDENT MAYER:Will you continue to yield?
SENATOR COONEY:Yes.
ACTING PRESIDENT MAYER:The sponsor yields.
SENATOR MARTINS:And would they be able to give it to any 501(c)(3) registered and in good standing in New York State?
SENATOR COONEY:Yes.
So for example, Senator Martins, if SUNY Albany or SUNY Old Westbury wanted to dispose of a series of desks, and they have gone through that process and they wanted to donate it to Habitat for Humanity in Nassau County, then they would be able to do that. And as long as Habitat for Humanity had had all their files made on time and been registered in good standing with the Charities Bureau of New York State, they could make that transfer.
SENATOR MARTINS:Thank you.
Madam President, on the bill.
Senator Cooney, thank you very much for your answers. I appreciate it.
ACTING PRESIDENT MAYER:Senator Martins on the bill.
SENATOR MARTINS:You know, I think we're all sympathetic to the bill. We all understand what we're trying to do here.
Unfortunately -- or fortunately, Madam President -- it just can't be. The State Constitution doesn't distinguish between not-for-profits and for-profits or individuals. Any private entity is prohibited, or the state is prohibited from giving any asset of the state -- which belongs, by the way, to each and every person in the state. That's why you can't just give it away. You could sell it away, but you can't just give it away. And there's a state constitutional prohibition there for a reason.
What's troubling here is that on top of that, the discretion to actually give that away is given to a state agency, where they get to decide not only on the value, but then get to determine whether or not the value is sufficiently low, whatever that means, in their discretion, so that they can just hand it off to a 501(c)(3).
Now, there are 501(c)(3)s and there are 501(c)(3)s. Okay? Everyone has their favorite charity. We each donate to whomever we want. But that should not be the discretion or criteria that determines how we dispose of valuable assets of the state. So my concern, Madam President, is, frankly, it's unconstitutional.
Now, the Constitution does say that there are ways of being able to address this. It's in the Constitution itself, where it says that if you're going to give it, give it to a political subdivision directly, give it to an organization that deals with certain criteria and certain types of organizations. It's actually in the Constitution.
So if we follow the Constitution and we allow for these to go to specific groups -- most likely educational institutions, local governments -- so that they continue to have a public purpose and use, that to me would make sense.
But that's not what this bill does. And to the extent that it runs counter to the very language in the State Constitution, Madam President, I can't support it. I support the concept and the idea that we don't want more of our state resources ending up in landfills, but this is not the way to do it.
And so again, I want to thank the sponsor for the bill and for his effort here. But unfortunately, it runs counter to our State Constitution, so I'll be voting no.
ACTING PRESIDENT MAYER: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 2. This act shall take effect immediately.
ACTING PRESIDENT MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Senator Cooney to explain his vote.
SENATOR COONEY:Thank you, Madam President.
And I want to thank Senator Martins for raising concerns around gifting. And certainly we want to be mindful of our state constitutional responsibilities.
There's been some recent case law in the Third Department that I was just reviewing that talked about the benefit of a public purpose. And so the reason why there's been so much support for this legislation from groups like Habitat for Humanity, Goodwill of the Finger Lakes, where I represent, organizations across the state who are saying this could really serve a public need.
At a time when so many organizations are looking for additional resources, when there's so much waste happening, when the state is realigning its facilities and has lots of new surplus opportunities to make these donations, this could really serve a public purpose in this moment, in this country, in this state.
So I think adding this additional option provides that flexibility for the State of New York to make sure that we are additive at helping communities in their time of need. And of course I support this legislation.
I vote aye, Madam President.
ACTING PRESIDENT MAYER:Senator Cooney to be recorded in the affirmative.
Senator Gounardes to explain his vote.
SENATOR GOUNARDES:Thank you, Madam President.
I just want to thank Senator Cooney and Senator Martins for giving me a topic to research for next year's Constitution Day speech.
(Laughter.)
SENATOR GOUNARDES:I vote aye.
(Laughter; applause.)
ACTING PRESIDENT MAYER:Senator Gounardes, how do you vote?
SENATOR GOUNARDES:I vote aye.
ACTING PRESIDENT MAYER:Senator Gounardes to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar 1041, voting in the negative are Senators Ashby, Borrello, Canzoneri-Fitzpatrick, Chan, Lanza, Martins, Mattera, O'Mara, Ortt, Palumbo, Rhoads, Rolison, Stec, Tedisco, Walczyk, Weber and Weik.
Ayes, 42. Nays, 17.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 1375, Assembly Bill Number 4997, by Assemblymember Glick, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT MAYER:Senator Ashby, why do you rise?
SENATOR ASHBY:Will the sponsor yield?
ACTING PRESIDENT MAYER:I believe that Senator Gianaris is going to be the sponsor for this evening.
SENATOR GIANARIS:I'm not the sponsor, but I will yield.
SENATOR ASHBY:Through you, Madam President. Would you agree that the production of cutting-edge vaccines and medical therapies, including the COVID-19 vaccine, should be a priority for policymakers?
SENATOR GIANARIS:Yes. Would you?
SENATOR ASHBY:Yes.
SENATOR GIANARIS:Excellent.
SENATOR ASHBY:Are you aware that the blood of the horseshoe crab is used to develop those things?
SENATOR GIANARIS:I'm aware that it's used for biomedical purposes.
SENATOR ASHBY:If you are aware, then why does this bill specifically ban biomedical harvesting?
SENATOR GIANARIS:There are currently no DEC permits for biomedical harvesting. So it is not something that is prevalent currently.
SENATOR ASHBY:Why not a moratorium --
ACTING PRESIDENT MAYER:Excuse me, Senator Ashby --
SENATOR ASHBY:Through you, Madam President, will the sponsor yield?
ACTING PRESIDENT MAYER:Will the sponsor yield?
SENATOR GIANARIS:Yes.
ACTING PRESIDENT MAYER:The sponsor yields.
SENATOR ASHBY:Why not a moratorium or a numerical limit?
SENATOR GIANARIS:Madam President, it's not what the sponsor has put in this legislation.
(Laughter.)
SENATOR ASHBY:Will the sponsor yield?
ACTING PRESIDENT MAYER:Will the sponsor yield?
SENATOR GIANARIS:I'm not the sponsor, but I will yield.
ACTING PRESIDENT MAYER:Yes, sorry. Senator Gianaris yields.
SENATOR ASHBY:Yes, I realize that. I'm asking why not.
Why not, if it's -- if we're both in support of this, and I would think the sponsor is as well, why not a carveout for biomedical harvesting?
SENATOR GIANARIS:Well, I think part of the problem is that, as opposed to other Mid-Atlantic states, the population of the horseshoe crab is in more dramatic decline in New York. And there are an ample supply of horseshoe crabs in other states, particularly in Delaware, that can be harvested for biomedical purposes.
But in New York I believe we're the only state in the commission -- that's subject to the Atlantic States Commission that has been rated "poor" for its efforts to control the excessive harvesting of horseshoe crabs. And so we need to take more dramatic measures perhaps than others have taken to preserve the population.
SENATOR ASHBY:Will the sponsor yield?
ACTING PRESIDENT MAYER:Do you continue to yield, Senator Gianaris?
SENATOR GIANARIS:Yes, I will.
SENATOR ASHBY:Through you, Madam President, I understand that there's a scientific carveout, but not a biomedical one. Can you explain the difference?
SENATOR GIANARIS:It's my understanding that the amount of horseshoe crabs that might be utilized for scientific purposes is minuscule compared to what would be allowed if you expanded it to the other uses.
SENATOR ASHBY:Will the sponsor yield?
ACTING PRESIDENT MAYER:Will you continue to yield?
SENATOR GIANARIS:I'm not the sponsor, but --
ACTING PRESIDENT MAYER:I understand.
SENATOR GIANARIS:-- I will yield.
ACTING PRESIDENT MAYER:Senator Gianaris is definitely not the sponsor.
(Laughter.)
SENATOR ASHBY:Will Senator Gianaris yield?
ACTING PRESIDENT MAYER:Senator Gianaris, do you yield?
SENATOR GIANARIS:I will yield.
ACTING PRESIDENT MAYER:The Senator yields.
SENATOR ASHBY:It's my understanding that it takes three to five years to develop a synthetic that would be the equivalent to what is found in the blood of horseshoe crabs.
Are you concerned at all, sponsor or not, that we would be delaying or potentially impeding scientific development during that time that could drastically affect the lives of people in the United States?
SENATOR GIANARIS:No, I am not concerned about that.
SENATOR ASHBY:Will Senator Gianaris yield?
ACTING PRESIDENT MAYER:Will Senator Gianaris yield?
SENATOR GIANARIS:I will yield.
ACTING PRESIDENT MAYER:The Senator yields.
SENATOR GIANARIS:I do.
SENATOR ASHBY:Being that this is the only enzyme capable for testing and developing for vaccines that we are both in favor of, you flatly are not concerned in this -- with this at all?
SENATOR GIANARIS:No, I'm not concerned about your question because I don't think it's a problem when the horseshoe crabs in the surrounding states are abundantly available for that purpose.
SENATOR ASHBY:On the bill.
ACTING PRESIDENT MAYER:Senator Ashby on the bill.
SENATOR ASHBY:So it seems as though, sponsor or not, Senator Gianaris isn't concerned with New York's ability to contribute to the development, production of lifesaving vaccines and medical production. It's a bit surprising.
But I do think that this legislation, we hear it often, is well-intended. It is short-sighted. We're perfectly capable here of making carveouts for scientific purposes, but why not for biomedical purposes that we apparently all agree on?
Thank you, Madam President.
ACTING PRESIDENT MAYER:Thank you, Senator Ashby.
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 MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Senator Ryan to explain his vote.
SENATOR SEAN RYAN:Senator Gianaris, even though you're not the sponsor of this legislation, it's a very good legislation.
The vast majority of horseshoe crabs harvested in New York State are harvested to be used in fish traps. They chop them up and they put them in fish traps.
There's alternatives to that. The horseshoe crab is 445 million years old. It predates the dinosaur. It has unique blue blood with a clotting agent.
There are also alternatives to using that, but other states and other medical facilities know how to draw blood from the horseshoe crabs without killing them.
So in New York State most horseshoe crabs that are killed are killed for bait purposes. And nothing is more disturbing than going out to the beach at nighttime, seeing somebody pull up with a pickup truck and just shovel horseshoe crabs into the back.
But I'll tell you why else, Madam President, this is a good bill. It's because of a bird called the red knot. Every year a bird called the red knot leaves Tierra del Fuego in South America, and it comes all the way up to New York and New Jersey.
Now, it started doing that trip well before New York and New Jersey look like they do now. But they have an evolutionary time clock. They come up the coast at the same time the horseshoe crabs are migrating, so they can eat their eggs. It's their only food source when they land in the Delaware Bay, New York and New Jersey. And then they continue on even farther.
But horseshoe crabs in New York and New Jersey are plummeting, and they're plummeting simply because we use them as bait.
So I proudly cast my vote in favor of the bill that is not Mike Gianaris's, but he did a very good arguing it anyways. I vote aye.
ACTING PRESIDENT MAYER:Senator Ryan to be recorded in the affirmative.
(Laughter, scattered applause.)
ACTING PRESIDENT MAYER:Announce the results.
THE SECRETARY:In relation to Calendar 1375, voting in the negative are Senators Ashby, Borrello, Canzoneri-Fitzpatrick, Chan, Gallivan, Griffo, Helming, O'Mara, Ortt, Palumbo, Rhoads, Rolison, Skoufis, Stec, Tedisco and Walczyk.
Ayes, 43. Nays, 16.
ACTING PRESIDENT MAYER:The bill is passed.
Senator Gianaris, that completes the reading of the controversial calendar.
SENATOR GIANARIS:Thank you, Madam President.
I must note for my colleagues that on this final Wednesday of session I was disappointed we did not hear from Senator Walczyk all day.
(Laughter.)
SENATOR GIANARIS:But there's always tomorrow. The Walczyk Thursday tradition can begin tomorrow.
Is there any further business at the desk?
ACTING PRESIDENT MAYER:There is no further business at the desk.
SENATOR GIANARIS:Move to adjourn until tomorrow, Thursday, June 12th, at 10:00 a.m.
ACTING PRESIDENT MAYER:On motion, the Senate stands adjourned until Thursday, June 12th, at 10:00 a.m.
(Whereupon, at 10:28 p.m., the Senate adjourned.)
Highest impact first.
Ban Housing Discrimination Effects
Ban Discriminatory Housing Practices
Protect Jury Awards for Discrimination
Protect Homeowners from Scams
Boost Primary Care Funding
Protect Lakes from Salt Mining
Require Narcan at Public Venues
License Debt Collectors
Label Allergens on Packaged Foods