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Thursday, June 4, 2026

1:51 PMRegular SessionALBANY, NEW YORK
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                                                               7484

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    June 4, 2026

11                      1:51 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR JAMAAL T. BAILEY, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               7485

 1                P R O C E E D I N G S

 2                 ACTING PRESIDENT BAILEY:   The 

 3    Senate will come to order.  

 4                 I ask everyone present to please 

 5    rise and recite the Pledge of Allegiance.

 6                 (Whereupon, the assemblage recited 

 7    the Pledge of Allegiance to the Flag.)

 8                 ACTING PRESIDENT BAILEY:   In the 

 9    absence of clergy, let us bow our heads in a 

10    moment of silent reflection or prayer.

11                 (Whereupon, the assemblage respected 

12    a moment of silence.)

13                 ACTING PRESIDENT BAILEY:   Reading 

14    of the Journal.

15                 THE SECRETARY:   In Senate, 

16    Wednesday, June 3, 2026, the Senate met pursuant 

17    to adjournment.  The Journal of Tuesday, June 2, 

18    2026, was read and approved.  On motion, the 

19    Senate adjourned.

20                 ACTING PRESIDENT BAILEY:   Without 

21    objection, the Journal stands approved as read.

22                 Presentation of petitions.

23                 Messages from the Assembly.

24                 The Secretary will read.

25                 THE SECRETARY:   Senator Hinchey 


                                                               7486

 1    moves to discharge, from the Committee on Rules, 

 2    Assembly Bill Number 7594C and substitute it for 

 3    the identical Senate Bill Number 3852C, Third 

 4    Reading Calendar 102.  

 5                 Senator Martinez moves to discharge, 

 6    from the Committee on Rules, Assembly Bill 

 7    Number 5079E and substitute it for the identical 

 8    Senate Bill 194D, Third Reading Calendar 181.  

 9                 Senator Gounardes moves to 

10    discharge, from the Committee on Internet and 

11    Technology, Assembly Bill Number 6578B and 

12    substitute it for the identical Senate Bill 

13    6955A, Third Reading Calendar 433.

14                 Senator Ramos moves to discharge, 

15    from the Committee on Rules, Assembly Bill 

16    Number 6950 and substitute it for the identical 

17    Senate Bill Number 9843, Third Reading Calendar 

18    731.  

19                 Senator Webb moves to discharge, 

20    from the Committee on Local Government, 

21    Assembly Bill Number 7620 and substitute it for 

22    the identical Senate Bill 7072, Third Reading 

23    Calendar 761.

24                 Senator Fahy moves to discharge, 

25    from the Committee on Disabilities, Assembly Bill 


                                                               7487

 1    Number 1130A and substitute it for the identical 

 2    Senate Bill 7794, Third Reading Calendar 1001.

 3                 Senator Fernandez moves to 

 4    discharge, from the Committee on Finance, 

 5    Assembly Bill Number 9113B and substitute it for 

 6    the identical Senate Bill 8636B, Third Reading 

 7    Calendar 1056.

 8                 Senator Bailey moves to discharge, 

 9    from the Committee on Rules, Assembly Bill 

10    Number 11412 and substitute it for the identical 

11    Senate Bill 9833, Third Reading Calendar 1082.

12                 Senator Comrie moves to discharge, 

13    from the Committee on Consumer Protection, 

14    Assembly Bill Number 3058C and substitute it for 

15    the identical Senate Bill 6438C, Third Reading 

16    Calendar 1105.

17                 Senator Skoufis moves to discharge, 

18    from the Committee on Consumer Protection, 

19    Assembly Bill Number 10411A and substitute it for 

20    the identical Senate Bill 9348A, Third Reading 

21    Calendar 1107.

22                 Senator Skoufis moves to discharge, 

23    from the Committee on Energy and 

24    Telecommunications, Assembly Bill Number 4713A 

25    and substitute it for the identical Senate Bill 


                                                               7488

 1    6200A, Third Reading Calendar 1118.

 2                 Senator Stewart-Cousins moves to 

 3    discharge, from the Committee on Codes, 

 4    Assembly Bill Number 3987A and substitute it for 

 5    the identical Senate Bill Number 8274, 

 6    Third Reading Calendar 1141.  

 7                 Senator Stewart-Cousins moves to 

 8    discharge, from the Committee on Codes, 

 9    Assembly Bill Number 3988A and substitute it for 

10    the identical Senate Bill 8324, Third Reading 

11    Calendar 1142.  

12                 Senator Ramos moves to discharge, 

13    from the Committee on Civil Service and Pensions, 

14    Assembly Bill Number 10835A and substitute it for 

15    the identical Senate Bill 9577A, Third Reading 

16    Calendar 1151.

17                 Senator Comrie moves to discharge, 

18    from the Committee on Energy and 

19    Telecommunications, Assembly Bill Number 10135 

20    and substitute it for the identical Senate Bill 

21    Number 9122, Third Reading Calendar 1213.

22                 Senator Ryan moves to discharge, 

23    from the Committee on Transportation, 

24    Assembly Bill Number 11233A and substitute it for 

25    the identical Senate Bill Number 9806A, Third 


                                                               7489

 1    Reading Calendar 1281.

 2                 Senator Addabbo moves to discharge, 

 3    from the Committee on Veterans, Homeland Security 

 4    and Military Affairs, Assembly Bill Number 3397A 

 5    and substitute it for the identical Senate Bill 

 6    1242A, Third Reading Calendar 1343.  

 7                 Senator Harckham moves to discharge, 

 8    from the Committee on Health, Assembly Bill 

 9    Number 329C and substitute it for the identical 

10    Senate Bill 3051B, Third Reading Calendar 1350.

11                 Senator Comrie moves to discharge, 

12    from the Committee on Energy and 

13    Telecommunications, Assembly Bill Number 6285 and 

14    substitute it for the identical Senate Bill 4430, 

15    Third Reading Calendar 1353.

16                 Senator Hinchey moves to discharge, 

17    from the Committee on Rules, Assembly Bill 

18    Number 9581B and substitute it for the identical 

19    Senate Bill 8706B, Third Reading Calendar 1386.

20                 Senator Bailey moves to discharge, 

21    from the Committee on Insurance, Assembly Bill 

22    Number 10030B and substitute it for the identical 

23    Senate Bill 8969B, Third Reading Calendar 1389.

24                 Senator Weber moves to discharge, 

25    from the Committee on Local Government, Assembly 


                                                               7490

 1    Bill Number 10184 and substitute it for the 

 2    identical Senate Bill 9059, Third Reading 

 3    Calendar 1394.

 4                 Senator Weber moves to discharge, 

 5    from the Committee on Local Government, 

 6    Assembly Bill Number 10158 and substitute it for 

 7    the identical Senate Bill 9060, Third Reading 

 8    Calendar 1395.  

 9                 Senator Addabbo moves to discharge, 

10    from the Committee on Rules, Assembly Bill 

11    Number 9600A and substitute it for the identical 

12    Senate Bill 9063A, Third Reading Calendar 1396.  

13                 Senator May moves to discharge, from 

14    the Committee on Rules, Assembly Bill 

15    Number 10415 and substitute it for the identical 

16    Senate Bill 9305A, Third Reading Calendar 1401.

17                 Senator Mayer moves to discharge, 

18    from the Committee on Finance, Assembly Bill 

19    Number 65B and substitute it for the identical 

20    Senate Bill 9498, Third Reading Calendar 1407.

21                 Senator Skoufis moves to discharge, 

22    from the Committee on Health, Assembly Bill 

23    Number 10312A and substitute it for the identical 

24    Senate Bill 9555A, Third Reading Calendar 1409.  

25                 Senator Hinchey moves to discharge, 


                                                               7491

 1    from the Committee on Health, Assembly Bill 

 2    Number 9140 and substitute it for the identical 

 3    Senate Bill 9604, Third Reading Calendar 1410.  

 4                 Senator Martinez moves to discharge, 

 5    from the Committee on Local Government, 

 6    Assembly Bill Number 10419 and substitute it for 

 7    the identical Senate Bill 9900, Third Reading 

 8    Calendar 1423.  

 9                 Senator Ryan moves to discharge, 

10    from the Committee on Local Government, 

11    Assembly Bill Number 11004 and substitute it for 

12    the identical Senate Bill 9901, Third Reading 

13    Calendar 1424.

14                 Senator Ryan moves to discharge, 

15    from the Committee on Local Government, 

16    Assembly Bill Number 11006 and substitute it for 

17    the identical Senate Bill 9902, Third Reading 

18    Calendar 1425.

19                 Senator Martinez moves to discharge, 

20    from the Committee on Rules, Assembly Bill 

21    Number 11376 and substitute it for the identical 

22    Senate Bill 9903, Third Reading Calendar 1426.

23                 Senator Stavisky moves to discharge, 

24    from the Committee on Rules, Assembly Bill 

25    Number 11368 and substitute it for the identical 


                                                               7492

 1    Senate Bill 10066, Third Reading Calendar 1429.

 2                 Senator Cooney moves to discharge, 

 3    from the Committee on Consumer Protection, 

 4    Assembly Bill Number 563A and substitute it for 

 5    the identical Senate Bill 10227, Third Reading 

 6    Calendar 1432.

 7                 Senator Gounardes moves to 

 8    discharge, from the Committee on Rules, 

 9    Assembly Bill Number 11234 and substitute it for 

10    the identical Senate Bill 10273, Third Reading 

11    Calendar 1433.

12                 Senator Harckham moves to discharge, 

13    from the Committee on Rules, Assembly Bill 

14    Number 11392 and substitute it for the identical 

15    Senate Bill 10411, Third Reading Calendar 1434.

16                 Senator Bottcher moves to discharge, 

17    from the Committee on Cities 1, Assembly Bill 

18    Number 10922 and substitute it for the identical 

19    Senate Bill 10431, Third Reading Calendar 1435.

20                 Senator Martinez moves to discharge, 

21    from the Committee on Rules, Assembly Bill 

22    Number 11358 and substitute it for the identical 

23    Senate Bill Number 10432, Third Reading Calendar 

24    1436.  

25                 Senator Ryan moves to discharge, 


                                                               7493

 1    from the Committee on Codes, Assembly Bill 

 2    Number 3191A and substitute it for the identical 

 3    Senate Bill 10438, Third Reading Calendar 1437.  

 4                 Senator Serrano moves to discharge, 

 5    from the Committee on Cultural Affairs, 

 6    Assembly Bill Number 9693 and substitute it for 

 7    the identical Senate Bill 10525, Third Reading 

 8    Calendar 1440.

 9                 Senator Skoufis moves to discharge, 

10    from the Committee on Rules, Assembly Bill 

11    Number 11372 and substitute it for the identical 

12    Senate Bill 10531, Third Reading Calendar 1441.

13                 Senator Fahy moves to discharge, 

14    from the Committee on Rules, Assembly Bill 

15    Number 11464 and substitute it for the identical 

16    Senate Bill Number 10542, Third Reading Calendar 

17    1442.

18                 Senator Martinez moves to discharge, 

19    from the Committee on Rules, Assembly Bill 

20    Number 11377 and substitute it for the identical 

21    Senate Bill Number 10566, Third Reading Calendar 

22    1443.

23                 ACTING PRESIDENT BAILEY:   Thank 

24    you, Gerald.  And so ordered.

25                 Messages from the Governor.


                                                               7494

 1                 Reports of standing committees.  

 2                 Reports of select committees.  

 3                 Communications and reports from 

 4    state officers.  

 5                 Motions and resolutions.

 6                 Senator Gianaris.

 7                 SENATOR GIANARIS:   Good afternoon, 

 8    Mr. President.

 9                 ACTING PRESIDENT BAILEY:   Good 

10    afternoon.

11                 SENATOR GIANARIS:   I move to adopt 

12    the Resolution Calendar.

13                 Forget what I just said, 

14    Mr. President.  

15                 Let's take up previously adopted 

16    Resolution 2314, by Senator Ramos, read that 

17    resolution's title and call on Senator Ramos.

18                 ACTING PRESIDENT BAILEY:   The 

19    Secretary will read.  

20                 THE SECRETARY:   Resolution 2314, by 

21    Senator Ramos, recognizing the New York Chapter 

22    of the National Domestic Workers Alliance.

23                 ACTING PRESIDENT BAILEY:   Senator 

24    Ramos on the resolution.

25                 SENATOR RAMOS:   Yes, thank you, 


                                                               7495

 1    Mr. President.  

 2                 Today we recognize the New York 

 3    State Chapter of the National Domestic Workers 

 4    Alliance and the extraordinary workers that they 

 5    represent.  

 6                 When we talk about what makes 

 7    New York work, we often talk about industries and 

 8    businesses and institutions.  But behind all of 

 9    those things are people who make it possible for 

10    everyone else to show up:  The nanny who cares 

11    for a child before going to school, the home care 

12    worker helping a senior age with dignity, the 

13    house cleaner whose labor gives a family time and 

14    stability.  Domestic workers are the workers who 

15    make all other work possible.

16                 And yet for generations they were 

17    excluded from basic labor protections that many 

18    other workers have taken for granted.  And that 

19    exclusion wasn't accidental.  Much of this work 

20    has historically been performed by women, by 

21    immigrants, Black women and women of color.  And 

22    for too long society depended on their labor 

23    while denying them the dignity, recognition, pay 

24    and protections they deserve.

25                 But domestic workers are organized.  


                                                               7496

 1    They refuse to remain invisible.  And so today we 

 2    honor that legacy of pioneers like Dorothy 

 3    Bolden, who understood that dignity is not 

 4    something workers should have to ask for; it's 

 5    something that they are owed.

 6                 The National Domestic Workers 

 7    Alliance has carried that legacy, organizing 

 8    workers, developing leaders, recovering stolen 

 9    wages, and fighting for policies that recognize 

10    the value of care work.  Because care work -- 

11    because care is work, and care workers deserve 

12    rights.  

13                 Their advocacy has helped secure 

14    paid sick leave, paid family leave, workplace 

15    protections, and greater recognition of the 

16    essential role domestic workers play in our 

17    economy and in our communities.

18                 As chair of the Senate Labor 

19    Committee, I believe protecting workers means 

20    protecting all workers -- not just the workers 

21    whose jobs are highly visible, not just the 

22    workers with the loudest voices, all workers.

23                 And few workers embody the values of 

24    service, sacrifice and care more than domestic 

25    workers.  They care for our children, our 


                                                               7497

 1    parents, and our homes.  And in doing so, they 

 2    hold our communities together.

 3                 Today we proudly recognize the 

 4    New York Chapter of the National Domestic Workers 

 5    Alliance for their leadership, their advocacy, 

 6    and their unwavering commitment to dignity, 

 7    fairness and justice for working people.  

 8                 Mr. President, one of the most 

 9    incredible labor organizers from my community, 

10    Avi Gayil {ph}, is here with all of the domestic 

11    workers from across New York State who are making 

12    change happen.  Please extend all of the 

13    courtesies of the house to them.

14                 Thank you.

15                 ACTING PRESIDENT BAILEY:   Thank 

16    you, Senator Ramos.

17                 Senator Hinchey on the resolution.

18                 SENATOR HINCHEY:   Thank you, 

19    Mr. President.

20                 I rise today with profound gratitude 

21    to honor an extraordinary movement and the 

22    remarkable women who have built it.  And I want 

23    to thank the sponsor for this resolution.

24                 For the past decade, the We Dream in 

25    Black New York Chapter has been rewriting the 


                                                               7498

 1    story of what's possible when people refuse to 

 2    accept injustice.  Today, as we celebrate their 

 3    10-year anniversary, I want the Senate record to 

 4    reflect something our nation needs to hear.  The 

 5    domestic workers of this country are among the 

 6    most powerful leaders and change-makers that we 

 7    have.  

 8                 I was meeting with my sisters from 

 9    the Red Carpet for Social Justice Coalition, many 

10    of whom are members of We Dream in Black.  After 

11    they told me about this incredible milestone, I 

12    knew that when the day came for us to welcome 

13    them here to the Capitol, I had to take a moment 

14    to say thank you, because across our communities 

15    they are the unsung heroes whose leadership 

16    deserves to be enshrined in the Senate record.  

17                 Labor is the backbone of every 

18    community, and domestic workers do some of the 

19    most important, sacred, difficult and deeply 

20    personal work there is.  They are the people 

21    nurturing our children with patience and 

22    tenderness.  They are the people caring for our 

23    aging loved ones with dignity and gentleness.  

24    And they often become trusted members of our 

25    families.  


                                                               7499

 1                 They deserve to be seen and 

 2    celebrated.  Their work requires tremendous skill 

 3    and emotional intelligence.  And without their 

 4    caring hands and generous hearts, so much would 

 5    fall away.  

 6                 For far too long, their labor has 

 7    been overlooked and underprotected, from the 

 8    exclusion of domestic workers from Social 

 9    Security in 1935 to the challenges and inequities 

10    still today.  

11                 But We Dream in Black has been 

12    changing that reality.  In just 10 years they 

13    have built a home for Black, Afro-Latina and 

14    Afro-descendant domestic workers to unite, 

15    amplify their voices and illuminate their 

16    collective power.  

17                 They've recovered more than half a  

18    million dollars in stolen wages, helped workers 

19    understand their rights, and as the sponsor said, 

20    they've won landmark victories for paid family 

21    leave and paid sick and safe leave.  

22                 This is what the labor movement 

23    looks like.  It's ordinary people standing 

24    together, lifting each other up, and moving 

25    mountains that once seemed unmovable.  It's women 


                                                               7500

 1    refusing to accept anything less than the rights 

 2    and fairness that they so fundamentally deserve.

 3                 What We Dream in Black has achieved 

 4    over the last 10 years is nothing short of 

 5    remarkable.  They have built a movement with a 

 6    capital "M."  And they have inspired so many to 

 7    lead with courage, compassion, and belief in 

 8    themselves.

 9                 To the phenomenal members of 

10    We Dream in Black here in the chamber today, we 

11    see you, we celebrate you, we thank you for being 

12    innovators, problem solvers, and for raising your 

13    voices to raise labor standards for domestic 

14    workers.  Your fight is our fight.  Happy 10-year 

15    anniversary.

16                 Thank you, Mr. President.  I proudly 

17    vote aye.

18                 ACTING PRESIDENT BAILEY:   Thank 

19    you, Senator Hinchey.  

20                 Senator Sanders on the resolution.

21                 SENATOR SANDERS:   Thank you, 

22    Mr. President.  

23                 I too want to commend the sponsor 

24    for this move.  I would be -- it wouldn't be 

25    right if I didn't stand up for this moment.  


                                                               7501

 1                 I am the son of a domestic worker, 

 2    and my mother actually had the ability to go out 

 3    and work and help raise other families and then 

 4    come back and raise her own family.  She had that 

 5    much love.  

 6                 So I commend all of the people who 

 7    are able to get out there and share love in this 

 8    day and age, a love that this society desperately 

 9    needs.  So I continue to urge you to be the best 

10    you and then to come home and to make sure that 

11    your children have everything that they need.  

12                 I commend the struggle that you're 

13    having or that you're doing and stand shoulder to 

14    shoulder with you to make sure that you are 

15    treated with the dignity that you deserve.

16                 I proudly vote aye.

17                 ACTING PRESIDENT BAILEY:   Thank 

18    you, Senator Sanders.

19                 To the unsung heroes, to our 

20    sheroes, the fabric of society, the domestic 

21    workers, we celebrate you and we thank you for 

22    coming to the Capitol.  

23                 We recognize you, and on behalf of 

24    the Senate we extend to you all of the privileges 

25    and cordialities of the house.  


                                                               7502

 1                 Please rise and be recognized.

 2                 (Standing ovation.)

 3                 ACTING PRESIDENT BAILEY:   The 

 4    resolution was adopted on June 2nd.

 5                 Senator Gianaris.

 6                 SENATOR GIANARIS:   Okay, 

 7    Mr. President, we have several members of the 

 8    Judiciary here as well as other appointees who we 

 9    are here to confirm.  So I just want to give the 

10    members a sense of the cadence here.  

11                 We're going to first take up the 

12    judicial nominations, and we have agreed with the 

13    Minority that only one member from each side will 

14    speak on these nominations, in the interests of 

15    time.  There are so many of you up there, and we 

16    love you all, but we also have to get through our 

17    session today.  It's our last day of scheduled 

18    session.

19                 From there, we will take up the 

20    MTA nominees, and after that the remaining 

21    nominees.  And we are simultaneously going to 

22    have a meeting of the Rules Committee in 

23    Room 332.  

24                 So for us it will be 

25    Senator Sepúlveda; I believe it will be 


                                                               7503

 1    Senator Palumbo for the Minority on the judicial 

 2    nominations.  So call a meeting of the 

 3    Rules Committee and recognize Senator Sepúlveda, 

 4    please.

 5                 ACTING PRESIDENT BAILEY:   There 

 6    will be an immediate meeting of the 

 7    Rules Committee in Room 332.  

 8                 And Senator Sepúlveda on the 

 9    nominations.  

10                 Excuse me.  Hold on a sec.  

11                 The Secretary will read the 

12    nominations, I apologize.

13                 THE SECRETARY:   Senator Sepúlveda, 

14    from the Committee on Judiciary, reports the 

15    following nominations.  

16                 As Interim Justices of the 

17    Supreme Court:  

18                 Debra Givens, of Erie County; 

19                 Joseph Risi, of Queens County; 

20                 Tandra Dawson, of New York County; 

21                 Louis Gigliotti, of Oneida County.  

22                 And as Judges of the Court of 

23    Claims:  

24                 Adam Silverman, of Albany County; 

25                 R. Nadine Fontaine, of 


                                                               7504

 1    Albany County; 

 2                 Ramon Rivera, of Madison County; 

 3                 Chris Anne Kelley, of 

 4    Suffolk County; 

 5                 Anna Grimaldi, of Nassau County; 

 6                 Ellen Tobin, of Nassau County; 

 7                 Richard Horowitz, of Suffolk County; 

 8                 Alicia Gerez, of Nassau County; 

 9                 Raymond Fernandez, of 

10    Westchester County; 

11                 Damaris Torrent, of 

12    Westchester County; 

13                 Charles Troia, of Richmond County; 

14                 Jeannette Rodriguez-Morick, of 

15    New York County;

16                 Daniel Conviser, of New York County;

17                 Alexander Jeong, of Richmond County; 

18                 Michele Rodney, of New York County; 

19                 Sarika Kapoor, of Nassau County; 

20                 Carmen Victoria St. George, of 

21    Suffolk County; 

22                 Fiordaliza Rodriguez, of 

23    Bronx County; 

24                 Andrew Amer, of New York County; 

25                 Danielle Eaddy, of Kings County; 


                                                               7505

 1                 Troy Smith, of Westchester County; 

 2                 Jennifer Naiburg, of Nassau County; 

 3                 Jordan Katz, of Suffolk County; and 

 4                 Mara McCabe, of Erie County.

 5                 ACTING PRESIDENT BAILEY:   Senator 

 6    Serrano.

 7                 SENATOR SERRANO:   Mr. President, I 

 8    know we got a little bit ahead of ourselves.  

 9                 But is there a report of the 

10    Judiciary Committee at the desk?  

11                 ACTING PRESIDENT BAILEY:   Yes.  And 

12    the Secretary read, and we are -- 

13                 SENATOR SERRANO:   We're good.

14                 ACTING PRESIDENT BAILEY:   No, we 

15    need to --

16                 SENATOR SERRANO:   Then I move to 

17    accept the report of the Judiciary Committee, and 

18    I ask that you then recognize Senator Sepúlveda.

19                 ACTING PRESIDENT BAILEY:   All those 

20    in favor of accepting the report of the Judiciary 

21    Committee please signify by saying aye.

22                 (Response of "Aye.")

23                 ACTING PRESIDENT BAILEY:   Opposed, 

24    nay.

25                 (No response.)


                                                               7506

 1                 ACTING PRESIDENT BAILEY:   The 

 2    report of the Judiciary Committee is accepted.

 3                 Senator Sepúlveda on the 

 4    nominations.

 5                 SENATOR SEPÚLVEDA:   Thank you, 

 6    Mr. President, for allowing me to speak on this 

 7    nomination.  

 8                 But before I do, I just want to take 

 9    a personal point of privilege and thank retiring 

10    Justice Richard Sise, who has been just an 

11    incredible leader of the Court of Claims for 

12    several years, and he's going to be sorely 

13    missed.

14                 After much deliberation and 

15    commitment and all of the work by all of the 

16    nominees, I am proud to announce that today we 

17    will bring to the floor the nomination of four 

18    interim Supreme Court justices, seven new Court 

19    of Claims justices, and 21 who are reappointed or 

20    extended.  

21                 Each and every person who appeared 

22    before our Judiciary Committee, every candidate, 

23    has an incredible story and an incredible resume.  

24    And I am so proud that this is my first nominees 

25    as the new chair of the Judiciary Committee, and 


                                                               7507

 1    I am so proud that each and every one of them 

 2    were here and that I'm able to see some friends 

 3    and some judges who I've either appeared before, 

 4    who are excellent justices, and I'm happy to be 

 5    here to announce their nomination or 

 6    renomination, and the renomination of the interim 

 7    justices.

 8                 Thank you all for being here.  Thank 

 9    you to all my colleagues in the committee who 

10    worked so hard and sat with us throughout the 

11    process.  They did a great job.  

12                 And now I hereby move the 

13    nominations to the floor.

14                 Thank you, Mr. President.

15                 ACTING PRESIDENT BAILEY:   Thank 

16    you, Senator Sepúlveda.

17                 Before we move the nominations, 

18    Senator Palumbo on the nominations.  

19                 SENATOR PALUMBO:   Thank you, 

20    Mr. President.  

21                 And I second this batch of nominees 

22    and associate myself with the comments of 

23    Chairman Sepúlveda.  

24                 And Judge Sise, thank you for your 

25    service to this great state and to the judiciary 


                                                               7508

 1    as a whole.  Yesterday during the nominating 

 2    process, to the person, the nominees described 

 3    and discussed how grateful they were to the 

 4    administrative judge.  You will be missed.  

 5                 And congratulations to all of those 

 6    nominees.  We all throughout the day had -- we 

 7    all have different relationships with many of 

 8    these judges, so I won't single anyone in 

 9    particular out.  But they all have phenomenal 

10    resumes.  They will continue to do great work 

11    and, for some of them, new work.  

12                 Particularly, while I have to do -- 

13    maybe I will mention one, Jennifer Naiburg.  Her 

14    father was a very well respected attorney in 

15    Suffolk County and was a family friend as well.  

16    So congratulations to you and Ira, also a -- her 

17    husband is a very good friend.  

18                 So congratulations to all of you.  

19                 Thank you, Mr. President.  And I 

20    proudly will be voting aye on this resolution.

21                 ACTING PRESIDENT BAILEY:   Thank 

22    you, Senator Palumbo.  

23                 The question for the house is on the 

24    nominations.  

25                 Call the roll.


                                                               7509

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT BAILEY:   Announce 

 3    the results.

 4                 THE SECRETARY:   In relation to the 

 5    nominations, voting in the negative are 

 6    Senators Ashby, Lanza, Mattera, Murray, Myrie, 

 7    O'Mara, Ortt, Rivera, Stec, Walczyk and Weik.  

 8    Also Senator Oberacker.

 9                 Ayes, 44.  Nays, 12.

10                 ACTING PRESIDENT BAILEY:   The 

11    nominees are confirmed.

12                 Please rise and be recognized, 

13    nominees.

14                 (Standing ovation.)

15                 ACTING PRESIDENT BAILEY:   

16    Congratulations, and thank you for your service.

17                 Senator Serrano.  

18                 SENATOR SERRANO:   Mr. President, 

19    there's a report of the Finance Committee at the 

20    desk.  Please take that up.

21                 ACTING PRESIDENT BAILEY:   The 

22    Secretary will read.

23                 THE SECRETARY:   Senator Krueger, 

24    from the Committee on Finance, reports the 

25    following nominations.  


                                                               7510

 1                 As members of the Metropolitan 

 2    Transportation Authority Board:  

 3                 Melanie Hartzog, Janette Sadik-Khan, 

 4    Matthew W. Rand, James O'Donnell.

 5                 As members of the Advisory Council 

 6    on Agriculture:  Kimberly Ann Wagner, 

 7    Olivia Fuller, Samuel J. Casella.

 8                 As members of the Convention Center 

 9    Operating Corporation:  Mark J.F. Schroeder, 

10    David Rappaport.  

11                 As members of the Dormitory 

12    Authority:  Walter Oden, Elizabeth Velez, and 

13    Thehbia Hiwot.

14                 As a member of the Port of Oswego 

15    Authority:  William Crist.

16                 As a member of the State Commission 

17    of Correction:  Alexander Dockery.

18                 As a member of the Palisades 

19    Interstate Park Commission:  Steven Noble.  

20                 As a member of the Saratoga-Capital 

21    District State Park, Recreation and Historic 

22    Preservation Commission:  Brian Stratton.

23                 As a member of the Board of Visitors 

24    of the Central New York Developmental 

25    Disabilities Services Office:  Beverly Gibbs.


                                                               7511

 1                 As a member of the Power Authority 

 2    of the State of New York:  Michael Cusick.

 3                 As a member of the New York State 

 4    Energy Research and Development Authority Board:  

 5    Audrey Zibelman.

 6                 As a member of the New York 

 7    Financial Control Board:  Kathryn Wylde.  

 8                 As members of the Public Health and 

 9    Health Planning Council:  Christina Gerdes, MD; 

10    Kathryn D. Haslanger; and Jon Van Valkenburg. 

11                 As a trustee of the Board of 

12    Trustees of Cornell University:  Eric Gonzalez.  

13                 As members of the State University 

14    of New York College of Environmental Science and 

15    Forestry:  Jessica Ottney Mahar, Peter Smith, and 

16    Steven Noble.

17                 As members of the Industrial Board 

18    of Appeals:  Richard Baum, Haeya Yim, and 

19    Robert McCreanor.

20                 As a member of the State Insurance 

21    Fund:  Richard Dollinger.

22                 As members of the Behavioral Health 

23    Services Advisory Council:  Alyssa Monfuletho; 

24    Christina Gerdes, MD; and Suzanne Lavigne.  

25                 As members of the New York State 


                                                               7512

 1    Gaming Commission:  Martin Mack and 

 2    Brian O'Dwyer.  

 3                 As a member of the Buffalo and 

 4    Fort Erie Public Bridge Authority (Peace Bridge):  

 5    Mark J.F. Schroeder.

 6                 And as a member of the New York 

 7    State Thruway Authority:  Linda Brown-Robinson.

 8                 SENATOR SERRANO:   I move to accept 

 9    the report of the Finance Committee, and I ask 

10    that you then recognize Senator Liu.  

11                 ACTING PRESIDENT BAILEY:   Senator 

12    Serrano, I think we're going to temporarily stand 

13    at ease.

14                 (Whereupon, the Senate stood at ease 

15    at 2:17 p.m.)

16                 (Whereupon, the Senate reconvened at 

17    2:18 p.m.)

18                 ACTING PRESIDENT BAILEY:   The 

19    Senate will come to order.  

20                 Senator Serrano.

21                 SENATOR SERRANO:   Okay.  

22    Mr. President, as I was mentioning, I move to 

23    accept the report of the Finance Committee, and I 

24    ask that you recognize Senator Liu.

25                 ACTING PRESIDENT BAILEY:   All those 


                                                               7513

 1    in favor of accepting the report of the 

 2    Finance Committee, please signify by saying aye.

 3                 (Response of "Aye.")

 4                 ACTING PRESIDENT BAILEY:   Opposed, 

 5    nay.

 6                 (No response.)

 7                 ACTING PRESIDENT BAILEY:   The 

 8    report of the Finance Committee is accepted.  

 9                 Senator Liu on the nominations.

10                 SENATOR LIU:   Mr. President, the 

11    Finance Committee held meetings for the purpose 

12    of considering these nominations, and the 

13    nominations were forwarded to the Senate floor 

14    for passage.  

15                 Thank you.

16                 ACTING PRESIDENT BAILEY:   Thank 

17    you, Senator Liu.  

18                 Senator Comrie on the nominations.

19                 SENATOR COMRIE:   Mr. President, the 

20    Corporations, Authorities and Commissions 

21    Committee also met simultaneously with Finance, 

22    and we support and submit the following 

23    nominations to the Metropolitan Transit 

24    Authority:  Melanie Hartzog, Janette Sadik-Khan, 

25    Matthew W. Rand, and James O'Donnell, to be 


                                                               7514

 1    members of the Metropolitan Transportation 

 2    Authority.

 3                 We also had members for the other 

 4    groups:  Kimberly Ann Wagner, Olivia Fuller and 

 5    Samuel J. Casella, for the Advisory Council on 

 6    Agriculture; Mark J.F. Schroeder, for member of 

 7    the Convention Center Operating Corporation; 

 8    David Rappaport, for member of the Convention 

 9    Center Operating Corporation; Walter Oden, 

10    Elizabeth Velez and Thehbia Hiwot, for the 

11    Dormitory Authority; William Crist, Port of 

12    Oswego Authority; Alexander Dockery, 

13    State Commission of Correction; Steven Noble, 

14    Palisades Interstate Park Commission; 

15    Brian Stratton, Saratoga-Capital District State 

16    Park, Recreation and Historic Preservation 

17    Commission; Beverly Gibbs, Board of Visitors of 

18    the Central New York DDSO; Michael Cusick, 

19    Power Authority; Audrey Zibelman, NYSERDA Board; 

20    Kathryn Wylde, New York Financial Control Board; 

21    Christina Gerdes, Kathryn Haslanger and Jon Van 

22    Valkenburg, Public Health and Health Planning 

23    Council; Eric Gonzalez, Board of Trustees of 

24    Cornell University; Jessica Ottney Mahar, Peter 

25    Smith and Steven Noble, SUNY College of 


                                                               7515

 1    Environmental Science and Forestry; Richard Baum, 

 2    Haeya Yim and Robert McCreanor, Industrial Board 

 3    of Appeals; Richard Dollinger, State Insurance 

 4    Fund; Alyssa Monfuletho, Christina Gerdes, and 

 5    Suzanne Lavigne, Behavioral Health Services 

 6    Advisory Council; Martin Mack, New York State 

 7    Gaming Commission; Brian O'Dwyer, New York State 

 8    Gaming Commission; Mark J.F. Schroeder, also who 

 9    will be a member of the Buffalo and Fort Erie 

10    Public Bridge Authority; and Linda 

11    Brown-Robinson, New York State Thruway Authority.  

12                 We submit these names to be accepted 

13    in their positions.

14                 Thank you, Mr. President.

15                 ACTING PRESIDENT BAILEY:   Thank 

16    you, Senator Comrie.

17                 The Secretary will read.

18                 THE SECRETARY:   As members of the 

19    Metropolitan Transportation Authority Board:  

20                 Melanie Hartzog, Janette Sadik-Khan, 

21    Matthew W. Rand, and James O'Donnell.

22                 ACTING PRESIDENT BAILEY:   The 

23    question is on the nominations.

24                 Call the roll.

25                 (The Secretary called the roll.)


                                                               7516

 1                 ACTING PRESIDENT BAILEY:   Announce 

 2    the results.

 3                 THE SECRETARY:   In relation to the 

 4    nominations, voting in the negative are 

 5    Senators Ashby, Borrello, Canzoneri-Fitzpatrick, 

 6    Chan, Gallivan, Griffo, Helming, Lanza, Martinez, 

 7    Martins, Mattera, Murray, Oberacker, O'Mara, 

 8    Ortt, Palumbo, Rhoads, Rolison, Stavisky, Stec, 

 9    Tedisco, Walczyk, Weber and Weik.

10                 Ayes, 36.  Nays, 24.

11                 ACTING PRESIDENT BAILEY:   The 

12    nominees are confirmed.  

13                 Congratulations to the nominees.  

14    Please rise and be recognized.

15                 (Standing ovation.)

16                 ACTING PRESIDENT BAILEY:   The 

17    Secretary will read.

18                 THE SECRETARY:   As members of the 

19    Advisory Council on Agriculture:  Kimberly Ann 

20    Wagner, Olivia Fuller, Samuel J. Casella.

21                 As members of the Convention Center 

22    Operating Corporation:  Mark J.F. Schroeder, 

23    David Rappaport.  

24                 As members of the Dormitory 

25    Authority:  Walter Oden, Elizabeth Velez, and 


                                                               7517

 1    Thehbia Hiwot.

 2                 As a member of the Port of Oswego 

 3    Authority:  William Crist.

 4                 As a member of the State Commission 

 5    of Correction:  Alexander Dockery.

 6                 As a member of the Palisades 

 7    Interstate Park Commission:  Steven Noble.  

 8                 As a member of the Saratoga-Capital 

 9    District State Park, Recreation and Historic 

10    Preservation Commission:  Brian Stratton.

11                 As a member of the Board of Visitors 

12    of the Central New York Development Disabilities 

13    Services Office:  Beverly Gibbs.

14                 As a member of the Power Authority 

15    of the State of New York:  Michael Cusick.

16                 As a member of the New York State 

17    Energy Research and Development Authority Board:  

18    Audrey Zibelman.

19                 As a member of the New York 

20    Financial Control Board:  Kathryn Wylde.  

21                 As members of the Public Health and 

22    Health Planning Council:  Christina Gerdes, MD; 

23    Kathryn D. Haslanger; and Jon Van Valkenburg. 

24                 As a trustee of the Board of 

25    Trustees of Cornell University:  Eric Gonzalez.  


                                                               7518

 1                 As members of the SUNY College of 

 2    Environmental Science and Forestry Board of 

 3    Trustees:  Jessica Ottney Mahar, Peter Smith, and 

 4    Steven Noble.

 5                 As members of the Industrial Board 

 6    of Appeals:  Richard Baum, Haeya Yim, and 

 7    Robert McCreanor.

 8                 As a member of the State Insurance 

 9    Fund:  Richard Dollinger.

10                 As members of the Behavioral Health 

11    Services Advisory Council:  Alyssa Monfuletho; 

12    Christina Gerdes, MD; and Suzanne Lavigne.  

13                 As members of the New York State 

14    Gaming Commission:  Martin Mack and 

15    Brian O'Dwyer.  

16                 As a member of the Buffalo and 

17    Fort Erie Public Bridge Authority (Peace Bridge):  

18    Mark J.F. Schroeder.

19                 And as a member of the New York 

20    State Thruway Authority:  Linda Brown-Robinson.

21                 SENATOR GIANARIS:   Mr. President.

22                 ACTING PRESIDENT BAILEY:   Senator 

23    Gianaris.  

24                 SENATOR GIANARIS:   We neglected, on 

25    the last batch of nominations, to call on 


                                                               7519

 1    Senator Murray to speak on behalf of the 

 2    minority.

 3                 So if we can do that now, and then 

 4    we'll proceed with the nominees we just heard 

 5    about.  

 6                 ACTING PRESIDENT BAILEY:   

 7    Certainly.  My apologies.  

 8                 Senator Murray on the nominations.

 9                 SENATOR MURRAY:   Thank you, 

10    Mr. President.  

11                 So we listened to all the names, we 

12    listened to all of the different positions, 

13    whether it's Agriculture, the Dormitory 

14    Authority, the State Commission of Corrections, 

15    the Gaming Commission -- all of these different 

16    people.  And some of the people I know.  Some of 

17    the people I think are wonderful.  But it's many 

18    different people, many different positions.  

19                 Now, I'm holding a calendar here; 

20    this is just the first of a few I imagine we're 

21    going to see today, with hundreds of bills.  

22    Should we just take every bill that deals with 

23    healthcare and put it in one pile, every bill 

24    that deals with New York City, put it in a pile, 

25    and we'll just vote up or down on all of those?  


                                                               7520

 1    That would be ridiculous.  

 2                 This is just as ridiculous.  These 

 3    are important positions, important people with 

 4    good -- great backgrounds, some outstanding 

 5    backgrounds.  But we should be taking these up 

 6    individually and show just how important these 

 7    positions are, how important they are to all of 

 8    New York's residents.  

 9                 Instead, we're doing one block, up 

10    and down.  It's absurd.  And that's why I've been 

11    voting no and will continue to vote no.

12                 Thank you, Mr. President.

13                 ACTING PRESIDENT BAILEY:   Thank 

14    you, Senator Murray.

15                 Senator Gianaris.

16                 SENATOR GIANARIS:   So it seems like 

17    Senator Murray was speaking about all of them 

18    generally, which is terrific.  

19                 Can you please recognize 

20    Senator Salazar, for the Majority, on these 

21    nominees.

22                 ACTING PRESIDENT BAILEY:   Senator 

23    Salazar on the nominations.

24                 SENATOR SALAZAR:   Thank you, 

25    Mr. President.  


                                                               7521

 1                 Today is the first time in New York 

 2    State history that we are voting to confirm a 

 3    formerly incarcerated individual to become a 

 4    commissioner on the State Commission of 

 5    Correction.  

 6                 The State Commission of Correction, 

 7    the SCOC, was created more 130 years ago.  Its 

 8    original purpose was to have nine commissioners 

 9    providing rigorous oversight of New York's 

10    prisons and jails.  Over time, the SCOC's ability 

11    to adequately perform that function suffered as 

12    the commission was reduced in size and in 

13    resources.

14                 But last year this Legislature 

15    passed and the Governor signed legislation which, 

16    among other changes, seeks to expand the 

17    State Commission of Correction's size and its 

18    diversity.

19                 The intent is to ensure the 

20    commission has both the capacity and expertise to 

21    objectively and effectively oversee New York's 

22    correctional facilities.  This includes having at 

23    least one commissioner who has experienced 

24    incarceration firsthand.

25                 Alexander Dockery has the 


                                                               7522

 1    experience, the perspective, and the aptitude 

 2    needed to work with fellow commissioners and 

 3    staff to provide proper oversight of New York's 

 4    prisons and jails.  

 5                 Despite having an eighth-grade 

 6    education upon entering prison at age 15, 

 7    Mr. Dockery used his time while incarcerated to 

 8    earn his high school equivalency diploma, his 

 9    associate's degree, his bachelors degree, and his 

10    master's degree while incarcerated.  

11                 In 2023, in recognition of his clear 

12    and remarkable transformation while incarcerated, 

13    he was granted Executive clemency by Governor 

14    Hochul.

15                 Since his commutation, Mr. Dockery 

16    has dedicated his life to mentoring young people, 

17    volunteering at food pantries, and helping 

18    formerly incarcerated New Yorkers transition back 

19    into society.

20                 Mr. Dockery, I thank you for your 

21    dedication, and I look forward to your work as 

22    the newest commissioner on the State Commission 

23    of Correction.

24                 I vote aye.

25                 (Applause from the gallery.)


                                                               7523

 1                 ACTING PRESIDENT BAILEY:   The 

 2    question is on the nominations.

 3                 Call the roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT BAILEY:   Announce 

 6    the results.

 7                 THE SECRETARY:   In relation to the 

 8    nominations, voting in the negative are 

 9    Senators Ashby, Borrello, Canzoneri-Fitzpatrick, 

10    Chan, Gallivan, Griffo, Helming, Lanza, Martins, 

11    Mattera, Murray, Oberacker, O'Mara, Ortt, 

12    Palumbo, Rhoads, Rolison, Stec, Tedisco, Walczyk, 

13    Weber and Weik.

14                 Ayes, 38.  Nays, 22.

15                 ACTING PRESIDENT BAILEY:   The 

16    nominees are confirmed.  

17                 And now you may applaud for 

18    Mr. Dockery.  Congratulations.

19                 (Standing ovation.)

20                 ACTING PRESIDENT BAILEY:   Senator 

21    Gianaris.  

22                 SENATOR GIANARIS:   Let's move on to 

23    previously adopted Resolution 2298, by 

24    Senator Hinchey.  Please read its title and call 

25    on Senator Hinchey.


                                                               7524

 1                 ACTING PRESIDENT BAILEY:   The 

 2    Secretary will read.

 3                 THE SECRETARY:   Resolution 2298, by 

 4    Senator Hinchey, mourning the death of 

 5    Minerva Solla, distinguished citizen and devoted 

 6    advocate for workers' rights and social justice.

 7                 ACTING PRESIDENT BAILEY:   Senator 

 8    Hinchey on the resolution.

 9                 SENATOR HINCHEY:   Thank you, 

10    Mr. President.  

11                 I rise today to commemorate the life 

12    of Minerva Solla, a legendary labor leader, a 

13    fierce champion for working people, and an 

14    unstoppable force for justice, who was taken from 

15    us this past April after a long and courageous 

16    battle with ovarian cancer.

17                 Minerva's life and career were 

18    defined by her voice.  She was most often seen 

19    standing at the picket line, bullhorn in hand, 

20    chanting one of her famous rallying calls.  

21                 She was a pioneering member and 

22    community organizer of the Young Lords Party and 

23    among the first women to serve in its defense 

24    ministry, shaping the movement during its 

25    formative years in the late 1960s in New York 


                                                               7525

 1    City.  

 2                 Minerva was fearless in speaking 

 3    truth to power.  But her true gift, the one that 

 4    made her a legendary leader and mentor to so 

 5    many, was helping others discover their own power 

 6    in the struggle for justice and equality.  

 7                 Her passion for organizing was 

 8    ignited at just 15 years old when CWA called a 

 9    strike just weeks into her part-time job at 

10    Bell Telephone.  Despite threats of losing her 

11    job, Minerva organized many of her coworkers to 

12    join strikers on the line, a bold and fitting 

13    beginning to what would become a lifetime of 

14    union advocacy.  

15                 Minerva brought the same fire to 

16    Roosevelt Hospital in 1972, where she helped lead 

17    a historic 47-day strike that won union 

18    representation through 1199SEIU.  This victory 

19    marked the beginning of a decades' long 

20    commitment to 1119, during which Minerva would 

21    help shape the union into the powerhouse that it 

22    is today, organizing workers from New York City 

23    to the Hudson Valley.  

24                 One of Minerva's proudest victories 

25    with 1199 came in the late 1980s at Our Lady of 


                                                               7526

 1    Mercy Hospital in the Bronx, where she helped 

 2    500 workers secure representation.  

 3                 At the time, Minerva was a single 

 4    mom raising three kids, ages 2, 8, and 15.  She 

 5    wanted them to see why standing up for what you 

 6    believe in matters and how being part of a union 

 7    can change the course of a person's life and 

 8    future.

 9                 So she brought her kids into her 

10    work and let them see their mother fight for 

11    working people.  That was Minerva.  She lived her 

12    values proudly, courageously, and in front of 

13    everyone, especially those she loved most.

14                 That conviction drove everything she 

15    did, and it was always for the betterment of 

16    others.  It moved her to fight at the picket line 

17    and in the halls of government, championing 

18    landmark legislation like Paid Family Leave and 

19    the Safe Staffing for Quality Care Act.  

20                 It drove her to found the 1199 

21    Latinas Unidas Committee to uplift Latina voices 

22    and culture.  

23                 And when Hurricane Maria devastated 

24    Puerto Rico, that same conviction sent her to 

25    coordinate humanitarian relief missions to help 


                                                               7527

 1    bring healing to the island.  

 2                 Minerva never slowed down and never 

 3    stopped fighting.  So it came as no surprise when 

 4    her retirement was a brief 30 days before she 

 5    rejoined her brothers and sisters in labor, this 

 6    time working with the New York State Nurses 

 7    Association as the upstate organizing director 

 8    for special campaigns.  

 9                 In that role, Minerva built a 

10    coalition from the ground up that helped bring 20 

11    mental health and detox beds back to Kingston 

12    Health Alliance Hospital, a coalition that I was 

13    proud to be a part of.  

14                 That same organizing spirit led her 

15    to cofound the Red Carpet for Social Justice, a 

16    coalition full of strong, dynamic and determined 

17    women working toward a better future for women 

18    and girls everywhere.

19                 I had the honor of joining one of 

20    their celebrations in the city to commemorate 

21    legislation that we championed together, and it 

22    was unlike any event I've ever been to.  It was 

23    electric seeing women so proudly representing 

24    their cultures, their womanhood, and 

25    unapologetically being who they are.  The energy, 


                                                               7528

 1    music, speeches and sense of purpose in that room 

 2    was unforgettable, and I can't wait to go back.  

 3                 Minerva and the sisters, as she 

 4    lovingly called them, created the idea for 

 5    New York to commemorate International Women's Day 

 6    every March 8th.  They brought that vision to 

 7    many of us here in this chamber, and I was proud 

 8    to sponsor it.  And this year marked our third 

 9    annual observance.  And one of the last things we 

10    worked on together before Minerva's passing was 

11    strategizing how to make this an official state 

12    and federal holiday.

13                 I can't tell you how proud I was to 

14    select Minerva as one of my first Women of 

15    Distinction honorees -- one of the easiest 

16    decisions I've made.  I will cherish our 

17    friendship forever, and I will hold even closer 

18    the incredible coalition she helped build and the 

19    work we will continue to do together in her 

20    honor.  

21                 Minerva was a leader in every sense 

22    of the word -- a fighter for working people and 

23    the unions that represent them.  It has been my 

24    privilege to watch this trailblazing woman in her 

25    element, to watch her organizing people toward a 


                                                               7529

 1    single mission and, of course, electrifying 

 2    crowds with the power of her voice.

 3                 One of my favorite memories with 

 4    Minerva, of which there are countless -- but it 

 5    was doing the Electric Slide on Election Day.  

 6    This is something -- it was a tradition that just 

 7    happened.  It just happened in 2020.  I went to 

 8    meet her, and of course with all of her energy 

 9    and her fire, she is rallying the people, she's 

10    waving at the cars, she's making sure that people 

11    know to do their civic duty and to cast their 

12    vote, and what power that means.  

13                 And when I joined her on the 

14    sidewalk, we broke into the Electric Slide.  

15                 (Laughter.)

16                 SENATOR HINCHEY:   And it was so 

17    much fun, something that we talk about all the 

18    time, because everything that Minerva did was 

19    fun.  She brought joy to everything that she did.  

20    She brought that power to everything that she 

21    did.  

22                 Every time I saw her, she talked 

23    about Puerto Rico.  She talked about the 

24    importance it was for standing up for people.  

25    When we celebrated her life, a moment that I will 


                                                               7530

 1    cherish that I got to be a part of, she joined us 

 2    through Zoom with her family next to her.  

 3                 She was still teaching us in her 

 4    final days.  She was still teaching to us 

 5    advocate for housing for everyone, teaching us to 

 6    treat people with dignity, inspiring us to push 

 7    for better because the work is never done.  And 

 8    everything that we do in this chamber and that we 

 9    do outside these halls in our communities will 

10    have a flavor of Minerva to it, because she was 

11    that big of a presence, that big of an 

12    inspiration, and that important of a person.

13                 I truly -- I feel her with us all 

14    the time, and I truly feel so blessed to have 

15    called her a friend.

16                 We are joined today in the chamber 

17    by Minerva's family -- her loving husband, 

18    Bruce Richard; her sister, Gloria Solla, and her 

19    sister-in-law, Belinda Matos; and her children:  

20    Stepdaughter Gabriela Richard and her partner 

21    Alejandro Quiñones; Taina Martinez; 

22    Liana Berrios; Jose Gabriel Berrios.  

23                 We are joined also by many members 

24    of the Red Carpet for Social Justice, her sisters 

25    in power, her sisters in action.  


                                                               7531

 1                 Please, Mr. President, please 

 2    welcome our guests to the chamber and help us 

 3    remember Minerva for all the incredible things 

 4    that she's done.  Thank you.  

 5                 ACTING PRESIDENT BAILEY:   Thank 

 6    you, Senator Hinchey.

 7                 Are there any other Senators wishing 

 8    to be heard on the resolution?  

 9                 Seeing and hearing none, 

10    Senator Ramos to close.

11                 SENATOR RAMOS:   Thank you, 

12    Mr. President.

13                 This past March I had the honor of 

14    being the keynote speaker at the Social Justice 

15    Women's Red Carpet event.  I had the honor of 

16    standing right beside Minerva Solla.  I felt her 

17    strength, I felt her determination despite her 

18    ailment.  

19                 And for the past 20 years that I 

20    personally got to know Minerva, she was always 

21    and will always continue to be a source of 

22    strength and of daring us to imagine the 

23    impossible.  

24                 Minerva was unapologetic in her 

25    pursuit of liberation for the people of 


                                                               7532

 1    Puerto Rico and people all over the world.  Yes, 

 2    she was a nurse, she worked at both NYSNA and 

 3    1199.  But boy, would I -- would I have loved the 

 4    ability to see her in her younger years as one of 

 5    the Young Lords on the streets of New York, 

 6    organizing Latinos in the Bronx and uptown 

 7    Manhattan, organizing them for dignity, and 

 8    making sure that the services that our people 

 9    have paid for for so long were actually delivered 

10    with the dignity that we deserve.

11                 I will miss Minerva.  I already do.  

12    I will miss her every day.  And I'm very thankful 

13    for the honor and the privilege to have known 

14    her, to have worked with her, and to have stood 

15    shoulder to shoulder with her just a few days 

16    before she passed.

17                 Thank you, Mr. President.

18                 ACTING PRESIDENT BAILEY:   Thank 

19    you, Senator Ramos.  

20                 To the Solla family, first and 

21    foremost, que viva Puerto Rico!  

22                 We welcome you on behalf of the 

23    New York State Senate, and we commemorate her 

24    legacy.  

25                 And to her family and friends in 


                                                               7533

 1    labor, and blood family, we recognize her and we 

 2    welcome you on behalf of the Senate.  We extend 

 3    to you all the privileges and courtesies of this 

 4    house.  

 5                 Please rise and be recognized.

 6                 (Extended standing ovation.)

 7                 ACTING PRESIDENT BAILEY:   The 

 8    resolution was adopted on June 2nd.

 9                 Senator Serrano.

10                 SENATOR SERRANO:   Mr. President, 

11    let's take up previously adopted Resolution 2272, 

12    by Senator Skoufis.  Let's read that resolution 

13    title only and call on Senator Skoufis.  

14                 ACTING PRESIDENT BAILEY:   The 

15    Secretary will read.

16                 THE SECRETARY:   Resolution 2272, by 

17    Senator Skoufis, congratulating Daniel Casper of 

18    Briarcliff, New York, upon the occasion of 

19    representing the United States as an 

20    Olympic curler in the Milano Cortina 2026 

21    Winter Olympic Games in February 2026.

22                 ACTING PRESIDENT BAILEY:   Senator 

23    Skoufis on the resolution.

24                 SENATOR SKOUFIS:   Thank you very 

25    much, Mr. President.  


                                                               7534

 1                 Proud to rise today to welcome our 

 2    honored guests who have joined us on the 

 3    Senate floor this afternoon.  You know, the first 

 4    evidence of a curling stone was found in 

 5    Scotland, inscribed with the year 1511.  

 6                 Today we're here to honor an 

 7    Olympian and New York native, Daniel Casper, who 

 8    represented us on the USA Men's Curling Team in 

 9    the 2026 Olympics in Italy, now over 500 years 

10    after history's first recorded stone slid across 

11    the ice.

12                 A winter sport requiring incredible 

13    precision, curling has a long and storied 

14    history, and so does Danny Casper.  It was 

15    Danny's father, Jeff Casper, who got him started 

16    at Westchester's Ardsley Curling Club, where I 

17    myself curled for many years beginning about a 

18    couple of decades ago.  

19                 But Danny comes from a long and 

20    successful family history in the sport.  His 

21    great-aunt, Carla Casper, competed at the 1988 

22    Calgary Olympics.  And Carla Casper's husband, 

23    Tom Casper, coached Team USA at the 1998 Nagano 

24    Olympics.  

25                 Danny Casper is a skip -- or, for 


                                                               7535

 1    everyone else who doesn't curl, captain of his 

 2    team, the position who leads on overall strategy.  

 3                 He competed with the US team at the 

 4    2023 FISU World University Games in Lake Placid, 

 5    where his team won silver.  

 6                 Danny's team went on to compete and 

 7    medal at the national championships in 2023 and 

 8    2025, then on to the professional circuit.

 9                 Danny was diagnosed with an 

10    autoimmune disease, Guillain-Barre Syndrome, 

11    which causes the body's immune system to attack 

12    the nerves, causing weakness, numbness or 

13    paralysis.  The onset caused him to miss part of 

14    the 2024-2025 curling season and to even struggle 

15    to walk or use his hands.  And yet despite these 

16    challenges, Danny qualified and competed as skip 

17    on the USA Men's Curling Team in the 2026 Winter 

18    Olympics, an incredible story of perseverance 

19    overcoming enormous adversity to represent our 

20    country on the world's stage of the greatest 

21    athletes.

22                 Congratulations to Daniel Casper for 

23    these incredible achievements.  New York and the 

24    nation are deeply proud of your achievements as 

25    the United States representative in the recent 


                                                               7536

 1    Olympics.  I vote yes on this resolution.  

 2                 And, Mr. President, if you could 

 3    please afford a warm welcome to Danny and his 

 4    father this afternoon.

 5                 ACTING PRESIDENT BAILEY:   Thank 

 6    you, Senator Skoufis.

 7                 To New York's own Olympian in 

 8    curling, Mr. Daniel Casper, and his father, we 

 9    welcome you on behalf of the Senate and thank you 

10    for all of your contributions to our great 

11    country.

12                 We extend to you all the privileges 

13    and courtesies of this house.  Please rise and be 

14    recognized.

15                 (Standing ovation.)

16                 ACTING PRESIDENT BAILEY:   The 

17    resolution was adopted on June 2nd.

18                 Senator Serrano.  

19                 SENATOR SERRANO:   Mr. President, 

20    there's a report of the Rules Committee at the 

21    desk.  

22                 Please take that up.

23                 ACTING PRESIDENT BAILEY:   The 

24    Secretary will read.

25                 THE SECRETARY:  Senator 


                                                               7537

 1    Stewart-Cousins, from the Committee on Rules, 

 2    reports the following bills:

 3                 Senate Print 82B, by Senator Liu, an 

 4    act to amend the Education Law; 

 5                 Senate Print 118A, by 

 6    Senator Cleare, an act to amend the Elder Law; 

 7                 Senate Print 845A, by 

 8    Senator Salazar, an act to amend the 

 9    Public Health Law; 

10                 Senate Print 1004B, by 

11    Senator Brouk, an act to amend the 

12    Criminal Procedure Law;

13                 Senate Print 1086D, by 

14    Senator Rivera, an act to amend the 

15    Civil Rights Law; 

16                 Senate Print 1335C, by 

17    Senator Parker, an act to amend the 

18    General Municipal Law;

19                 Senate Print 1455B, by 

20    Senator Kavanagh, an act to amend the 

21    Executive Law;

22                 Senate Print 1511A, by Senator Liu, 

23    an act to amend the Vehicle and Traffic Law;

24                 Senate Print 3622, by Senator Ortt, 

25    an act to amend the Highway Law; 


                                                               7538

 1                 Senate Print 4230, by 

 2    Senator Comrie, an act to amend the Vehicle and 

 3    Traffic Law; 

 4                 Senate Print 4527B, by 

 5    Senator Comrie, an act to amend the Tax law;

 6                 Senate Print 4593, by Senator Fahy, 

 7    an act in relation to directing the New York 

 8    State Department of Labor to establish a 

 9    voluntary training and certification program; 

10                 Senate Print 4894, by 

11    Senator Jackson, an act to repeal paragraph (g) 

12    of subdivision 4 of Section 209 of the 

13    Civil Service Law; 

14                 Senate Print 5711C, by 

15    Senator Skoufis, Concurrent Resolution of the 

16    Senate and Assembly proposing amendments to 

17    Section 21 of Article 6, of Article 13, and 

18    Section 6 of Article 4 of the Constitution; 

19                 Senate Print 5754B, by 

20    Senator Martinez, an act to amend the Retirement 

21    and Social Security Law; 

22                 Senate Print 6008B, by 

23    Senator Baskin, an act to amend the Highway Law;

24                 Senate Print 6043, by 

25    Senator Cleare, an act to amend the Elder Law;


                                                               7539

 1                 Senate Print 6376A, by 

 2    Senator Scarcella-Spanton, an act to amend the 

 3    Workers' Compensation Law;

 4                 Senate Print 6736A, by Senator Fahy, 

 5    an act to amend the Social Services Law; 

 6                 Senate Print 6983A, by 

 7    Senator Brisport, an act to amend the 

 8    Public Health Law; 

 9                 Senate Print 7585A, by 

10    Senator Cleare, an act to amend the 

11    General Business Law;

12                 Senate Print 7635B, by Senator Ryan, 

13    an act to amend the Retirement and Social 

14    Security Law; 

15                 Senate Print 7802A, by 

16    Senator Harckham, an act to amend the Vehicle and 

17    Traffic Law; 

18                 Senate Print 7819, by 

19    Senator Cleare, an act to amend the 

20    Mental Hygiene Law; 

21                 Senate Print 7867A, by 

22    Senator Walczyk, an act to amend the Tax Law; 

23                 Senate Print 8015B, by 

24    Senator Comrie, an act to amend the 

25    General Business Law; 


                                                               7540

 1                 Senate Print 8205A, by 

 2    Senator Brisport, an act to amend the 

 3    Social Services Law; 

 4                 Senate Print 8217B, by 

 5    Senator Hinchey, an act to amend the 

 6    Criminal Procedure Law; 

 7                 Senate Print 8237, by 

 8    Senator Parker, an act to amend the 

 9    Public Authorities Law; 

10                 Senate Print 8239, by Senator Ramos, 

11    an act to amend the Labor Law; 

12                 Senate Print 8240, by Senator Ramos, 

13    an act to amend the Workers' Compensation Law; 

14                 Senate Print 8246, by Senator Myrie, 

15    an act to amend the State Finance Law; 

16                 Senate Print 8253, by 

17    Senator Brisport, an act to amend the 

18    Abandoned Property Law; 

19                 Senate Print 8302D, by 

20    Senator Comrie, an act to amend the Penal Law; 

21                 Senate Print 8364, by Senator Webb, 

22    an act to amend the Education Law; 

23                 Senate Print 8385, Senator Comrie, 

24    an act to amend the State Finance Law; 

25                 Senate Print 8407, by Senator Fahy, 


                                                               7541

 1    an act to amend the Social Services Law; 

 2                 Senate Print 8410, by 

 3    Senator Comrie, an act to amend the 

 4    Vehicle and Traffic Law; 

 5                 Senate Print 8472A, by 

 6    Senator Cleare, an act to amend the 

 7    Administrative Code of the City of New York; 

 8                 Senate Print 8838A, by 

 9    Senator Rivera, an act to amend the 

10    Social Services Law; 

11                 Senate Print 8852C, by 

12    Senator Harckham, an act in relation to 

13    authorizing the County of Putnam to lease 

14    certain lands used as parklands; 

15                 Senate Print 8865A, by 

16    Senator Harckham, an act to amend the 

17    Public Service Law;

18                 Senate Print 8926, by Senator Ryan, 

19    an act to amend the Public Authorities Law; 

20                 Senate Print 8965, by 

21    Senator Hinchey, an act to amend the 

22    Public Health Law; 

23                 Senate Print 9068A, by 

24    Senator Griffo, an act to amend the 

25    Retirement and Social Security Law; 


                                                               7542

 1                 Senate Print 9138, by 

 2    Senator Palumbo, an act relating to a 

 3    death benefit option for the beneficiary of 

 4    Justice Jerry Garguilo; 

 5                 Senate Print 9221, by Senator Ryan, 

 6    an act to amend the Mental Hygiene Law; 

 7                 Senate Print 9287A, by 

 8    Senator Hinchey, an act to amend the 

 9    Real Property Tax Law; 

10                 Senate Print 9363, by 

11    Senator Palumbo, an act in relation to increasing 

12    the term of office from two years to four years 

13    for the Trustees of the Freeholders and 

14    Commonalty of the Town of Southampton; 

15                 Senate Print 9441, by Senator Chan, 

16    an act to amend the Multiple Dwelling Law;

17                 Senate Print 9453, by 

18    Senator Rolison, an act to amend the 

19    Vehicle and Traffic Law; 

20                 Senate Print 9508, by 

21    Senator Gounardes, an act to amend the 

22    General Business Law; 

23                 Senate Print 9509, by Senator Ortt, 

24    an act to amend the Highway Law; 

25                 Senate Print 9606, by Senator Ortt, 


                                                               7543

 1    an act to amend subpart H of Part C of Chapter 20 

 2    of the Laws of 2015;

 3                 Senate Print 9654, by 

 4    Senator Murray, an act to amend the Highway Law; 

 5                 Senate Print 9682, by Senator Liu, 

 6    an act to amend the Education Law;

 7                 Senate Print 9723A, by 

 8    Senator Cleare, an act to amend the 

 9    Public Housing Law; 

10                 Senate Print 9725B, by 

11    Senator Harckham, an act to amend the 

12    Highway Law; 

13                 Senate Print 9736, by 

14    Senator Kavanagh, an act to amend the Penal Law; 

15                 Senate Print 9904, by Senator Ramos, 

16    an act to amend the Labor Law; 

17                 Senate Print 9905, by 

18    Senator Jackson, an act to amend the 

19    Retirement and Social Security Law;

20                 Senate Print 9906, by Senator Myrie, 

21    an act to amend the Criminal Procedure Law; 

22                 Senate Print 9940, by 

23    Senator Scarcella-Spanton, an act to amend the 

24    Veterans' Services Law; 

25                 Senate Print 9982A, by 


                                                               7544

 1    Senator Tedisco, an act in relation to 

 2    authorizing Kurt Nolan to receive certain credit 

 3    under Section 384-d and 384-e of the 

 4    Retirement and Social Security Law; 

 5                 Senate Print 10058C, by 

 6    Senator Harckham, an act to amend the 

 7    Vehicle and Traffic Law; 

 8                 Senate Print 10079, by 

 9    Senator Gianaris, an act to amend the 

10    Executive Law; 

11                 Senate Print 10095B, by 

12    Senator Rhoads, an act authorizing the 

13    Hicksville Water District to receive 

14    retroactive real property tax-exempt status;

15                 Senate Print 10156B, by 

16    Senator Fernandez, an act to amend the 

17    Vehicle and Traffic Law; 

18                 Senate Print 10172, by 

19    Senator Skoufis, an act to amend the 

20    Alcoholic Beverage Control Law; 

21                 Senate Print 10196A, by 

22    Senator Fahy, an act to amend the 

23    Vehicle and Traffic Law; 

24                 Senate Print 10223A, by 

25    Senator Fahy, an act to authorize the South End 


                                                               7545

 1    Children's Cafe to file an application for a 

 2    retroactive real property tax exemption; 

 3                 Senate Print 10443, by 

 4    Senator Myrie, an act to amend the 

 5    Criminal Procedure Law; 

 6                 Senate Print 10446, by 

 7    Senator Kavanagh, an act to amend Chapter 514 

 8    of the Laws of 1983; 

 9                 Senate Print 10489, by 

10    Senator Bynoe, an act to amend the 

11    Local Finance Law; 

12                 Senate Print 10528, by 

13    Senator Oberacker, an act to amend the 

14    Alcoholic Beverage Control Law; 

15                 Senate Print 10563, by 

16    Senator Skoufis, an act to amend the 

17    Election Law; 

18                 Senate Print 10603, by 

19    Senator Weber, an act authorizing the 

20    Kong Kehal Square of Roman to receive 

21    retroactive real property tax-exempt status; 

22                 Senate Print 10611, by 

23    Senator Stewart-Cousins, an act authorizing the 

24    Town of Greenburgh, County of Westchester, to 

25    alienate and discontinue the use of certain 


                                                               7546

 1    parkland;

 2                 Senate Print 10614, by 

 3    Senator Palumbo, an act to amend Chapter 704 of 

 4    the Laws of 2023; 

 5                 Senate Print 10616, by 

 6    Senator Gonzalez, an act to amend the 

 7    Alcoholic Beverage Control Law; 

 8                 Senate Print 10624, by 

 9    Senator Bynoe, an act to authorize the 

10    Freeport Bible Center to file an application for 

11    a retroactive real property tax exemption; 

12                 Senate Print 10626, by 

13    Senator Gianaris, an act to amend the 

14    Judiciary Law; 

15                 Senate Print 10627, by 

16    Senator Mayer, an act to amend the 

17    General Business Law; 

18                 Senate Print 10628, by 

19    Senator Baskin, an act to amend the 

20    State Finance Law; 

21                 Senate Print 10629, by 

22    Senator Jackson, an act to amend the 

23    Civil Service Law; 

24                 Senate Print 10632, by 

25    Senator Fernandez, an act to amend the Penal Law; 


                                                               7547

 1                 Senate Print 10635, by 

 2    Senator Kavanagh, an act to amend the 

 3    Multiple Dwelling Law; 

 4                 Senate Print 10636, by 

 5    Senator Gounardes, an act to amend the 

 6    General Municipal Law;

 7                 Senate Print 10639, by 

 8    Senator Gianaris, an act to amend the 

 9    Election Law;

10                 Senate Print 10640, by 

11    Senator Gianaris, an act to amend Chapter 704 of 

12    the Laws of 1991; 

13                 Senate Print 10641, by 

14    Senator Comrie, an act to amend the New York 

15    State Medical Care Facilities Finance Agency Act; 

16                 Senate Print 10642, by 

17    Senator Gonzalez, an act to amend the 

18    Environmental Conservation Law; 

19                 Senate Print 10644, by 

20    Senator Stewart-Cousins, an act to amend the 

21    Chapter 747 of the Laws of 2023; 

22                 Senate Print 10648, by 

23    Senator Stavisky, an act implementing an 

24    agreement between the state and an employee 

25    organization.  


                                                               7548

 1                 All bills reported direct to third 

 2    reading.

 3                 ACTING PRESIDENT BAILEY:   All those 

 4    in favor of accepting the report of the 

 5    Rules Committee please signify by saying aye.  

 6                 (Response of "Aye.")

 7                 ACTING PRESIDENT BAILEY:   Opposed, 

 8    nay.  

 9                 (No response.)

10                 ACTING PRESIDENT BAILEY:   The 

11    report of the Rules Committee is accepted.

12                 Senator Serrano.  

13                 (Pause.)

14                 SENATOR SERRANO:   Thank you, 

15    Mr. President.  I move to accept the report of 

16    the Rules Committee.

17                 ACTING PRESIDENT BAILEY:   All those 

18    in favor of accepting the report of the 

19    Rules Committee please signify by saying aye.

20                 (Response of "Aye.")

21                 ACTING PRESIDENT BAILEY:   Opposed, 

22    nay?  

23                 (No response.)

24                 ACTING PRESIDENT BAILEY:   The 

25    report of the Rules Committee is accepted.


                                                               7549

 1                 Senator Serrano.

 2                 SENATOR SERRANO:   Thank you, 

 3    Mr. President.  

 4                 At this time let's take up the 

 5    reading of the calendar.  

 6                 ACTING PRESIDENT BAILEY:   The 

 7    Secretary will read.

 8                 THE SECRETARY:   Calendar Number 

 9    102, Assembly Bill Number 7594C, by 

10    Assemblymember Lunsford, an act to amend the 

11    Environmental Conservation Law.  

12                 ACTING PRESIDENT BAILEY:   Read the 

13    last section.

14                 THE SECRETARY:   Section 3.  This 

15    act shall take effect on the 180th day after it 

16    shall have become a law.

17                 ACTING PRESIDENT BAILEY:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT BAILEY:   Announce 

21    the results.

22                 THE SECRETARY:   Ayes, 60.

23                 ACTING PRESIDENT BAILEY:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               7550

 1    141, Assembly Bill Number 2400A, by 

 2    Assemblymember Eichenstein, an act to amend the 

 3    Public Service Law.

 4                 ACTING PRESIDENT BAILEY:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 2.  This 

 7    act shall take effect immediately.

 8                 ACTING PRESIDENT BAILEY:   Call the 

 9    roll.  

10                 (The Secretary called the roll.) 

11                 ACTING PRESIDENT BAILEY:   Announce 

12    the results.

13                 THE SECRETARY:   Ayes, 60.

14                 ACTING PRESIDENT BAILEY:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    181, Assembly Bill Number 5079E, by 

18    Assemblymember O'Pharrow, an act to amend the 

19    General Business Law.

20                 ACTING PRESIDENT BAILEY:   Read the 

21    last section.

22                 THE SECRETARY:   Section 4.  This 

23    act shall take effect August 1, 2027.

24                 ACTING PRESIDENT BAILEY:   Call the 

25    roll.


                                                               7551

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT BAILEY:   Announce 

 3    the results.  

 4                 THE SECRETARY:   In relation to 

 5    Calendar 181, voting in the negative are 

 6    Senators Borrello, Griffo, Oberacker, O'Mara, 

 7    Ortt, Walczyk and Weik.  Also Senator Stec.  

 8                 Ayes, 52.  Nays, 8.

 9                 ACTING PRESIDENT BAILEY:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    205, Senate Print 8609A, by Senator Myrie, an act 

13    to amend the Penal Law.

14                 ACTING PRESIDENT BAILEY:   Read the 

15    last section.

16                 THE SECRETARY:   Section 7.  This 

17    act shall take effect immediately.  

18                 ACTING PRESIDENT BAILEY:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT BAILEY:   Announce 

22    the results.

23                 THE SECRETARY:   Ayes, 60.

24                 ACTING PRESIDENT BAILEY:   The bill 

25    is passed.


                                                               7552

 1                 THE SECRETARY:   Calendar Number 

 2    231, Senate Print 8742, by Senator Cleare, an act 

 3    to amend the Elder Law.

 4                 ACTING PRESIDENT BAILEY:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 3.  This 

 7    act shall take effect on the 90th day after it 

 8    shall have become a law.

 9                 ACTING PRESIDENT BAILEY:   Call the 

10    roll.  

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT BAILEY:   Announce 

13    the results.  

14                 THE SECRETARY:   Ayes, 60.

15                 ACTING PRESIDENT BAILEY:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    319, Senate Print 6655, by Senator Griffo, an act 

19    to amend the Education Law.  

20                 ACTING PRESIDENT BAILEY:   Read the 

21    last section.

22                 THE SECRETARY:   Section 2.  This 

23    act shall take effect immediately.

24                 ACTING PRESIDENT BAILEY:   Call the 

25    roll.


                                                               7553

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT BAILEY:   Announce 

 3    the results.  

 4                 THE SECRETARY:   Ayes, 60.

 5                 ACTING PRESIDENT BAILEY:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    362, Senate Print 9057A, by Senator Baskin, an 

 9    act to amend the Highway Law.

10                 ACTING PRESIDENT BAILEY:   Read the 

11    last section.

12                 THE SECRETARY:   Section 2.  This 

13    act shall take effect immediately.

14                 ACTING PRESIDENT BAILEY:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT BAILEY:   Announce 

18    the results.

19                 THE SECRETARY:   Ayes, 60.

20                 ACTING PRESIDENT BAILEY:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    395, Senate Print 8949, by Senator Harckham, an 

24    act to amend the Public Health Law.

25                 ACTING PRESIDENT BAILEY:   Read the 


                                                               7554

 1    last section.

 2                 THE SECRETARY:   Section 2.  This 

 3    act shall take effect immediately.  

 4                 ACTING PRESIDENT BAILEY:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT BAILEY:   Announce 

 8    the results.

 9                 THE SECRETARY:   Ayes, 60.

10                 ACTING PRESIDENT BAILEY:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    401, Senate Print 1615A, by Senator Brisport, an 

14    act to amend the Real Property Actions and 

15    Proceedings Law.

16                 ACTING PRESIDENT BAILEY:   Read the 

17    last section.

18                 THE SECRETARY:   Section 4.  This 

19    act shall take effect immediately.

20                 ACTING PRESIDENT BAILEY:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT BAILEY:   Announce 

24    the results.  

25                 THE SECRETARY:   In relation to 


                                                               7555

 1    Calendar 401, voting in the negative are 

 2    Senators Ashby, Borrello, Canzoneri-Fitzpatrick, 

 3    Chan, Gallivan, Griffo, Helming, Lanza, Martins, 

 4    Mattera, Murray, Oberacker, O'Mara, Ortt, 

 5    Palumbo, Rhoads, Rolison, Stec, Tedisco, Walczyk, 

 6    Weber and Weik.

 7                 Ayes, 38.  Nays, 22.

 8                 ACTING PRESIDENT BAILEY:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    433, Assembly Bill Number 6578B, by 

12    Assemblymember Bores, an act to amend the 

13    General Business Law.

14                 ACTING PRESIDENT BAILEY:   Read the 

15    last section.

16                 THE SECRETARY:   Section 3.  This 

17    act shall take effect immediately.  

18                 ACTING PRESIDENT BAILEY:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT BAILEY:   Announce 

22    the results.

23                 THE SECRETARY:   In relation to 

24    Calendar 433, voting in the negative are 

25    Senators Canzoneri-Fitzpatrick, Helming, Martins, 


                                                               7556

 1    O'Mara, Rhoads, Stec and Walczyk.

 2                 Ayes, 53.  Nays, 7.

 3                 ACTING PRESIDENT BAILEY:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    435, Senate Print 4037C, by Senator Skoufis, an 

 7    act to amend the Education Law.

 8                 ACTING PRESIDENT BAILEY:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 11.  This 

11    act shall take effect on the first of July.

12                 ACTING PRESIDENT BAILEY:   Call the 

13    roll.  

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT BAILEY:   Announce 

16    the results.

17                 THE SECRETARY:   In relation to 

18    Calendar 435, voting in the negative are 

19    Senators Borrello, Chan, Gallivan, Helming, 

20    Lanza, Martins, Mattera, Murray, O'Mara, Ortt, 

21    Rhoads, Stec, Tedisco, Walczyk, Weber and Weik.

22                 Ayes, 44.  Nays, 16.

23                 ACTING PRESIDENT BAILEY:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               7557

 1    644, Senate Print 1463B, by Senator Kavanagh, an 

 2    act to amend the Environmental Conservation Law.

 3                 SENATOR LANZA:   Lay it aside.

 4                 ACTING PRESIDENT BAILEY:   Lay it 

 5    aside.

 6                 THE SECRETARY:   Calendar Number 

 7    731, Assembly Bill Number 6950, by 

 8    Assemblymember Cruz, an act to amend the 

 9    Labor Law.

10                 ACTING PRESIDENT BAILEY:   Read the 

11    last section.

12                 THE SECRETARY:   Section 5.  This 

13    act shall take effect on the 90th day after it 

14    shall have become a law.

15                 ACTING PRESIDENT BAILEY:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT BAILEY:   Senator 

19    Ramos to explain her vote.

20                 SENATOR RAMOS:   Yeah, thank you, 

21    Mr. President.

22                 You know, there's an old adage in 

23    the building trades that goes that if you're 

24    early, you're on time.  And if you're on time, 

25    you're late.  


                                                               7558

 1                 Construction workers understand that 

 2    showing up matters, and they know that if they're 

 3    late by even just a few minutes, their pay is 

 4    most likely going to be docked for at least an 

 5    hour.

 6                 But too often the opposite isn't 

 7    true.  A worker gets up before dawn, gets 

 8    dressed, travels to the job site, arranges 

 9    childcare, shows up ready to work only to be told 

10    the job has been canceled because of the weather 

11    or some other reason beyond their control -- and 

12    suddenly, that day's pay is gone.  The worker 

13    kept their commitment, and the employer faced no 

14    consequence.

15                 Well, that's not fair.  And this 

16    bill establishes that when workers show up ready 

17    to work, their time is valued.  If a construction 

18    worker reports to a job site and is sent home 

19    without cause, they should be compensated at 

20    least for some of their time.  And if a shift is 

21    canceled with little notice, workers should not 

22    bear the full cost of that decision.  

23                 The people who build New York 

24    deserve more than our gratitude, they deserve 

25    predictability and respect.  Their time is 


                                                               7559

 1    valuable too, and nothing gets build without 

 2    their hands.  

 3                 I vote aye.  Thank you.

 4                 ACTING PRESIDENT BAILEY:   Senator 

 5    Ramos to be recorded in the affirmative.

 6                 Announce the results.  

 7                 THE SECRETARY:   In relation to 

 8    Calendar 731, voting in the negative are 

 9    Senators Ashby, Gallivan, Helming, Murray, 

10    O'Mara, Ortt, Stec, Tedisco, Walczyk and Weik.  

11                 Ayes, 50.  Nays, 10.

12                 ACTING PRESIDENT BAILEY:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    759, Senate Print 6439, by Senator Fahy, an act 

16    in relation to issuing the Village of Nelliston 

17    incorporation documents.  

18                 ACTING PRESIDENT BAILEY:   There is 

19    a home-rule message at the desk.

20                 Read the last section.

21                 THE SECRETARY:   Section 3.  This 

22    act shall take effect immediately.  

23                 ACTING PRESIDENT BAILEY:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               7560

 1                 ACTING PRESIDENT BAILEY:   Announce 

 2    the results.

 3                 THE SECRETARY:   Ayes, 60.

 4                 ACTING PRESIDENT BAILEY:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    761, Assembly Bill Number 7620, by 

 8    Assemblymember Kelles, an act to amend the 

 9    General Municipal Law.

10                 ACTING PRESIDENT BAILEY:   Read the 

11    last section.

12                 THE SECRETARY:   Section 3.  This 

13    act shall take effect immediately.

14                 ACTING PRESIDENT BAILEY:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT BAILEY:   Announce 

18    the results.

19                 THE SECRETARY:   Ayes, 60.

20                 ACTING PRESIDENT BAILEY:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    817, Senate Print 9301, by Senator Martinez, an 

24    act to amend the Parks, Recreation and 

25    Historic Preservation Law.


                                                               7561

 1                 ACTING PRESIDENT BAILEY:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 2.  This 

 4    act shall take effect immediately.

 5                 ACTING PRESIDENT BAILEY:  Call the 

 6    roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT BAILEY:   Announce 

 9    the results.

10                 THE SECRETARY:   Ayes, 60.

11                 ACTING PRESIDENT BAILEY:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 

14    854, Senate Print 9051B, by Senator Gonzalez, 

15    an act to amend the General Business Law.

16                 ACTING PRESIDENT BAILEY:   Read the 

17    last section.

18                 THE SECRETARY:   Section 3.  This 

19    act shall take effect January 1, 2027.

20                 ACTING PRESIDENT BAILEY:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT BAILEY:   Announce 

24    the results.  

25                 THE SECRETARY:   Ayes, 60.


                                                               7562

 1                 ACTING PRESIDENT BAILEY:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    872, Senate Print 5900A, by Senator Lanza, an act 

 5    to amend the Mental Hygiene Law.

 6                 ACTING PRESIDENT BAILEY:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 2.  This 

 9    act shall take effect on the 60th day after it 

10    shall have become a law.

11                 ACTING PRESIDENT BAILEY:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT BAILEY:   Announce 

15    the results.

16                 THE SECRETARY:   Ayes, 60.

17                 ACTING PRESIDENT BAILEY:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    920, Senate Print 3822, by Senator Rivera, an act 

21    to amend the Public Health Law.

22                 ACTING PRESIDENT BAILEY:   Read the 

23    last section.

24                 THE SECRETARY:   Section 13.  This 

25    act shall take effect on the 60th day after it 


                                                               7563

 1    shall have become a law.

 2                 ACTING PRESIDENT BAILEY:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT BAILEY:   Announce 

 6    the results.  

 7                 THE SECRETARY:   In relation to 

 8    Calendar 920, voting in the negative:  

 9    Senator Ortt.

10                 Ayes, 59.  Nays 1.

11                 ACTING PRESIDENT BAILEY:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 

14    928, Senate Print 9126B, by Senator Baskin, an 

15    act to amend the Correction Law.

16                 ACTING PRESIDENT BAILEY:   Read the 

17    last section.

18                 THE SECRETARY:   Section 6.  This 

19    act shall take effect immediately.  

20                 ACTING PRESIDENT BAILEY:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT BAILEY:   Senator 

24    Baskin to explain her vote.

25                 SENATOR BASKIN:   Thank you, 


                                                               7564

 1    Mr. President.

 2                 2026 marks 10 years since 

 3    India Cummings died while in custody at the 

 4    Erie County sheriff's office.  

 5                 India was born and raised in 

 6    Rochester.  Later in life, she and her mother 

 7    moved to my district, where she lived in the City 

 8    of Lackawanna.  

 9                 I started my legislative career 

10    about two years after India's death.  But the 

11    aftermath of the situation engulfed my early 

12    years as an elected official.  Six months 

13    after I took my oath of office as a county 

14    legislator, the State Commission on Corrections 

15    determined India's death was a homicide due to 

16    neglect.  

17                 She was not eating, she was not 

18    drinking, she was living in extremely unsanitary 

19    conditions, and she had an untreated broken arm.  

20    Her mental health severely deteriorated in jail.  

21    And despite two different judges ordering her to 

22    undergo a psychiatric evaluation, she did not 

23    receive one before her untimely death.

24                 This bill before us seeks to remedy 

25    two points that I believe could have saved 


                                                               7565

 1    India's life.  One, timely transfer to a mental 

 2    health facility.  And two, early intervention for 

 3    a family member.

 4                 This bill requires the process for a 

 5    mental health evaluation to start within 48 hours 

 6    of a mental health crisis.  India sat in the 

 7    Erie County holding center for two weeks without 

 8    any mental health intervention.  

 9                 I have spoken with India's mother a 

10    number of times over the years, and she truly 

11    believed that if she, as a mother, was allowed to 

12    speak or knew what was happening with her 

13    daughter, she could have helped prevent her 

14    baby's death.

15                 India's death was a primary 

16    motivator for this legislative action as I took 

17    my seat as a county legislator.  It led to many 

18    things in county government in Erie County.  It 

19    led to me bringing body cameras and a blind-spot 

20    camera into Erie County jails.  It led to the 

21    creation of the Erie County Corrections 

22    Specialist Advisory Board.  And it led to the 

23    creation of a medically assisted treatment 

24    program in Erie County jails.  

25                 But these improvements did not 


                                                               7566

 1    directly address the causes of India's death.  I 

 2    was determined to pass a bill before, as a county 

 3    local law, but was told it had to be done as a 

 4    state bill.

 5                 So here I am today, Mr. President, 

 6    determined not to let India Cummings' death to be 

 7    in vain -- and to say her name just like we say 

 8    the name of Robert Brooks, just like we must say 

 9    the name of Messiah Nantwi and many others who 

10    have died in our incarceration system.  

11                 I want to especially shout out and 

12    thank our colleague Senator Julia Salazar for her 

13    intentional and steadfast leadership on 

14    correctional reform our state.  Her push for many 

15    reforms that have been signed into law earlier 

16    this year will definitely save lives.  And I am 

17    hopeful that this bill will too become a law that 

18    saves lives.  

19                 India Cummings, I say your name.  I 

20    vote aye on this bill, and I thank you and 

21    encourage my colleagues to do the same.  

22                 Thank you, Mr. President.

23                 ACTING PRESIDENT BAILEY:   Senator 

24    Baskin to be recorded in the affirmative.

25                 Announce the results.  


                                                               7567

 1                 THE SECRETARY:   In relation to 

 2    Calendar 928, voting in the negative:  

 3    Senator Walczyk.

 4                 Ayes, 59.  Nays, 1.

 5                 ACTING PRESIDENT BAILEY:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    1001, Assembly Bill Number 1130A, by 

 9    Assemblymember Santabarbara, an act to amend the 

10    Mental Hygiene Law.  

11                 ACTING PRESIDENT BAILEY:   Read the 

12    last section.

13                 THE SECRETARY:   Section 5.  This 

14    act shall take effect on the 60th day after it 

15    shall have become a law.

16                 ACTING PRESIDENT BAILEY:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT BAILEY:   Announce 

20    the results.

21                 THE SECRETARY:   Ayes, 60.

22                 ACTING PRESIDENT BAILEY:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 

25    1009, Senate Print 8616B, by Senator Gianaris, an 


                                                               7568

 1    act to amend the General Business Law.

 2                 SENATOR LANZA:   Lay it aside.

 3                 ACTING PRESIDENT BAILEY:   Lay it 

 4    aside.

 5                 THE SECRETARY:   Calendar Number 

 6    1034, Senate Print 172B, by Senator Ramos, an act 

 7    to amend the Workers' Compensation Law.

 8                 ACTING PRESIDENT BAILEY:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 18.  This 

11    act shall take effect immediately.  

12                 ACTING PRESIDENT BAILEY:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT BAILEY:   Senator 

16    Ramos to explain her vote.

17                 SENATOR RAMOS:   Yes, thank you, 

18    Mr. President.  

19                 Today we are once again doing our 

20    part to bring New York's temporary disability 

21    insurance system into the 21st century.  

22                 For far too long, workers facing 

23    illness, injury or pregnancy-related medical 

24    conditions have been forced to survive on a 

25    benefit that has barely changed since 1989.  


                                                               7569

 1    Think about how much housing costs have gone up 

 2    since then -- food, healthcare, gas.  But the 

 3    maximum disability benefit has remained stuck at 

 4    just $170 per week.  No one can live on $170 a 

 5    week nowadays.  

 6                 And when a worker gets sick, the 

 7    last thing they should have to worry about is 

 8    whether they can keep a roof over their head or 

 9    food on the table.

10                 This bill recognizes that when life 

11    happens, workers deserve stability.  By gradually 

12    increasing disability benefits and bringing them 

13    into alignment with paid family leave, we are 

14    modernizing a system that working people have 

15    been waiting decades to fix.  

16                 We are also providing greater 

17    flexibility for workers managing chronic 

18    illnesses and medical appointments and extending 

19    support to experiencing the heartbreak of 

20    pregnancy loss.

21                 At its core, this bill is about 

22    dignity and economic security.  And it is about 

23    making sure that a temporary health crisis 

24    doesn't become a permanent financial crisis.

25                 I proudly vote aye.  


                                                               7570

 1                 Thank you.

 2                 ACTING PRESIDENT BAILEY:   Senator 

 3    Ramos to be recorded in the affirmative.

 4                 Announce the results.

 5                 THE SECRETARY:   In relation to 

 6    Calendar 1034, voting in the negative are 

 7    Senators Borrello, Lanza, Murray, O'Mara, Ortt, 

 8    Stec, Walczyk and Weik.  Also Senator Oberacker.  

 9                 Ayes, 51.  Nays, 9.

10                 ACTING PRESIDENT BAILEY:   The bill 

11    is passed.  

12                 Senator Serrano.

13                 SENATOR SERRANO:   Thank you, 

14    Mr. President.  

15                 At this moment I'd like to just 

16    welcome Senator Toby Stavisky back to the floor.

17                 ACTING PRESIDENT BAILEY:   Toby!

18                 (Standing ovation.)

19                 ACTING PRESIDENT BAILEY:   Toby!  

20                 The Secretary will read.

21                 THE SECRETARY:   Calendar Number 

22    1056, Assembly Bill Number 9113B, by 

23    Assemblymember Woerner, an act to amend the 

24    Racing, Pari-Mutuel Wagering and Breeding Law.

25                 ACTING PRESIDENT BAILEY:   Read the 


                                                               7571

 1    last section.  

 2                 THE SECRETARY:   Section 2.  This 

 3    act shall take effect immediately.

 4                 ACTING PRESIDENT BAILEY:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT BAILEY:   Announce 

 8    the results.

 9                 THE SECRETARY:   Ayes, 60.

10                 ACTING PRESIDENT BAILEY:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    1066, Senate Print 8454A, by Senator Stec, an act 

14    to amend the Public Officers Law.

15                 ACTING PRESIDENT BAILEY:   Read the 

16    last section.

17                 THE SECRETARY:   Section 2.  This 

18    act shall take effect immediately.  

19                 ACTING PRESIDENT BAILEY:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT BAILEY:   Announce 

23    the results.

24                 THE SECRETARY:   In relation to 

25    Calendar 1066, voting in the negative:  


                                                               7572

 1    Senator Ryan.

 2                 Ayes, 59.  Nays, 1.

 3                 ACTING PRESIDENT BAILEY:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    1082, Assembly Bill Number 11412, by 

 7    Assemblymember Bronson, an act to amend the 

 8    Tax Law.

 9                 ACTING PRESIDENT BAILEY:   Read the 

10    last section.

11                 THE SECRETARY:   Section 2.  This 

12    act shall take effect immediately.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT BAILEY:   Announce 

15    the results.

16                 THE SECRETARY:   In relation to 

17    Calendar Number 1082, voting in the negative:  

18    Senator Walczyk.

19                 Ayes, 59.  Nays, 1.

20                 ACTING PRESIDENT BAILEY:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    1086, Senate Print 9990A, by Senator Skoufis, an 

24    act to amend the Alcoholic Beverage Control Law.

25                 ACTING PRESIDENT BAILEY:   Read the 


                                                               7573

 1    last section.

 2                 THE SECRETARY:   Section 2.  This 

 3    act shall take effect immediately.

 4                 ACTING PRESIDENT BAILEY:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT BAILEY:   Announce 

 8    the results.

 9                 THE SECRETARY:   Ayes, 60.

10                 ACTING PRESIDENT BAILEY:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    1094, Senate Print 6230C, by Senator Webb, an act 

14    to amend the Public Health Law.

15                 SENATOR LANZA:   Lay it aside.

16                 ACTING PRESIDENT BAILEY:   Lay it 

17    aside.

18                 THE SECRETARY:   Calendar Number 

19    1105, Assembly Bill Number 3058C, by 

20    Assemblymember Carroll, an act to amend the 

21    General Business Law.

22                 ACTING PRESIDENT BAILEY:   Read the 

23    last section.

24                 THE SECRETARY:   Section 4.  This 

25    act shall take effect one year after it shall 


                                                               7574

 1    have become a law.

 2                 ACTING PRESIDENT BAILEY:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT BAILEY:   Announce 

 6    the results.

 7                 THE SECRETARY:   In relation to 

 8    Calendar 1105, voting in the negative are 

 9    Senators Ashby, Borrello, Canzoneri-Fitzpatrick, 

10    Chan, Gallivan, Griffo, Helming, Lanza, Mattera, 

11    Murray, Oberacker, O'Mara, Ortt, Palumbo, Rhoads, 

12    Rolison, Stec, Tedisco, Walczyk, Weber and Weik. 

13                 Ayes, 39.  Nays, 21.

14                 ACTING PRESIDENT BAILEY:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    1107, Assembly Bill Number 10411A, by 

18    Assemblymember Magnarelli, an act to amend the 

19    General Business Law.

20                 ACTING PRESIDENT BAILEY:   Read the 

21    last section.

22                 THE SECRETARY:   Section 2.  This 

23    act shall take effect on the 90th day after it 

24    shall have become a law.

25                 ACTING PRESIDENT BAILEY:   Call the 


                                                               7575

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT BAILEY:   Announce 

 4    the results.

 5                 THE SECRETARY:   In relation to 

 6    Calendar 1107, voting in the negative are 

 7    Senators Borrello, Gallivan and Walczyk.

 8                 Ayes, 57.  Nays, 3.

 9                 ACTING PRESIDENT BAILEY:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    1118, Assembly Bill Number 4713A, by 

13    Assemblymember Sayegh, an act to amend the 

14    Public Service Law.

15                 ACTING PRESIDENT BAILEY:   Read the 

16    last section.

17                 THE SECRETARY:   Section 4.  This 

18    act shall take effect on the 90th day after it 

19    shall have become a law.

20                 ACTING PRESIDENT BAILEY:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT BAILEY:   Announce 

24    the results.  

25                 THE SECRETARY:   In relation to 


                                                               7576

 1    Calendar 1118, voting in the negative are 

 2    Senators Gallivan, Griffo, Stec and Walczyk.

 3                 Ayes, 56.  Nays, 4.

 4                 ACTING PRESIDENT BAILEY:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    1126, Senate Print 8426A, by Senator Brouk, an 

 8    act to amend the Insurance Law.

 9                 ACTING PRESIDENT BAILEY:   Read the 

10    last section.

11                 THE SECRETARY:   Section 4.  This 

12    act shall take effect immediately.  

13                 ACTING PRESIDENT BAILEY:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT BAILEY:   Announce 

17    the results.

18                 THE SECRETARY:   In relation to 

19    Calendar Number 1126, voting in the negative are 

20    Senators Borrello, Canzoneri-Fitzpatrick, Chan, 

21    Gallivan, Griffo, Helming, Lanza, Mattera, 

22    Murray, Oberacker, O'Mara, Ortt, Palumbo, Rhoads, 

23    Rolison, Stec, Tedisco, Walczyk, Weber and Weik.

24                 Ayes, 40.  Nays, 20.

25                 ACTING PRESIDENT BAILEY:   The bill 


                                                               7577

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    1141, Assembly Bill Number 3987A, by 

 4    Assemblymember Shimsky, an act to amend the 

 5    Criminal Procedure Law.

 6                 ACTING PRESIDENT BAILEY:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 3.  This 

 9    act shall take effect immediately.  

10                 ACTING PRESIDENT BAILEY:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT BAILEY:   Announce 

14    the results.

15                 THE SECRETARY:   In relation to 

16    Calendar 1141, voting in the negative are 

17    Senators Brisport and Krueger.

18                 Ayes, 58.  Nays, 2.

19                 ACTING PRESIDENT BAILEY:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    1142, Assembly Bill Number 3988A, by 

23    Assemblymember Shimsky, an act to amend the 

24    Criminal Procedure Law.

25                 ACTING PRESIDENT BAILEY:   Read the 


                                                               7578

 1    last section.

 2                 THE SECRETARY:   Section 4.  This 

 3    act shall take effect immediately.  

 4                 ACTING PRESIDENT BAILEY:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT BAILEY:   Announce 

 8    the results.

 9                 THE SECRETARY:   In relation to 

10    Calendar 1142, voting in the negative are 

11    Senators Brisport and Krueger.

12                 Ayes, 58.  Nays, 2.

13                 ACTING PRESIDENT BAILEY:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    1145, Senate Print 9040, by Senator Hinchey, an 

17    act to amend the Penal Law.

18                 ACTING PRESIDENT BAILEY:   Read the 

19    last section.  

20                 THE SECRETARY:   Section 2.  This 

21    act shall take effect immediately.

22                 ACTING PRESIDENT BAILEY:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT BAILEY:   Announce 


                                                               7579

 1    the results.

 2                 THE SECRETARY:   In relation to 

 3    Calendar 1145, voting in the negative are 

 4    Senators Ashby, Borrello, Canzoneri-Fitzpatrick, 

 5    Chan, Gallivan, Griffo, Helming, Lanza, Martins, 

 6    Mattera, Murray, Oberacker, O'Mara, Ortt, 

 7    Palumbo, Rhoads, Rolison, Stec, Tedisco, Walczyk, 

 8    Weber and Weik.

 9                 Ayes, 38.  Nays, 22.

10                 ACTING PRESIDENT BAILEY:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    1148, Senate Print 10106, by 

14    Senator Stewart-Cousins, an act to amend the 

15    Criminal Procedure Law.

16                 ACTING PRESIDENT BAILEY:   Read the 

17    last section.

18                 THE SECRETARY:   Section 2.  This 

19    act shall take effect immediately.  

20                 ACTING PRESIDENT BAILEY:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT BAILEY:   Announce 

24    the results.

25                 THE SECRETARY:   In relation to 


                                                               7580

 1    Calendar 1148, voting in the negative are 

 2    Senators Brisport and Krueger.

 3                 Ayes, 58.  Nays, 2.

 4                 ACTING PRESIDENT BAILEY:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    1151, Assembly Bill Number 10835A, by 

 8    Assemblymember Griffin, an act to amend the 

 9    Civil Service Law.

10                 ACTING PRESIDENT BAILEY:   Read the 

11    last section.

12                 THE SECRETARY:   Section 2.  This 

13    act shall take effect immediately.

14                 ACTING PRESIDENT BAILEY:   Call the 

15    roll.

16                 (The Secretary called the roll).

17                 ACTING PRESIDENT BAILEY:   Announce 

18    the results.

19                 THE SECRETARY:   Ayes, 60.

20                 ACTING PRESIDENT BAILEY:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    1181, Senate Print 5998C, by Senator Skoufis, an 

24    act to amend the Domestic Relations Law.

25                 ACTING PRESIDENT BAILEY:   Read the 


                                                               7581

 1    last section.

 2                 THE SECRETARY:   Section 7.  This 

 3    act shall take effect on the 270th day after it 

 4    shall have become a law.  

 5                 ACTING PRESIDENT BAILEY:   Call the 

 6    roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT BAILEY:   Senator 

 9    Skoufis to explain his vote.

10                 SENATOR SKOUFIS:   Thank you very 

11    much, Mr. President.  

12                 Briefly, I want to express my 

13    gratitude to colleagues on both sides of the 

14    aisle who have long supported this bill.  

15                 I was honored to carry the torch 

16    after former Senator Anna Kaplan did not return 

17    to the chamber.  Jacqueline Franchetti, the 

18    mother of Kyra, reached out to me asking if I 

19    would continue sponsoring this bill in this 

20    chamber, and of course I said yes.  

21                 We worked very hard, including with 

22    Assemblyman Andy Hevesi, over the course of many 

23    years.  We've passed this bill before.  And we 

24    believe now OCA is in a good place, and many 

25    other stakeholders are in a good place, and we're 


                                                               7582

 1    hopeful that this will be the first time that the 

 2    bill passes both houses.  

 3                 This is a really critical piece of 

 4    legislation.  In too many Family Courts around 

 5    New York State we have instances -- we have some 

 6    judges who, yes, they may prioritize the health 

 7    and wellness of a child, but some do not make it 

 8    the top, the number-one priority of custody 

 9    cases.  And of course I think everyone here in 

10    this chamber would agree that that ought to be 

11    the number one, the top priority.  

12                 That's what this bill does.  It 

13    makes sure that dealing with allegations that may 

14    impact a child's safety aren't deferred, aren't 

15    dealt with sometime down the road in some 

16    subsequent hearing -- they're dealt with 

17    immediately.  Because unfortunately, in 

18    Jacqueline's case, not dealing with those 

19    red flags cost her daughter her life.  

20                 There are too many other children 

21    who are dying at the hands of violent domestic 

22    partners or spouses, and this bill will help save 

23    lives and put an end to that.

24                 So I thank my colleagues again.  

25                 I vote yes.


                                                               7583

 1                 ACTING PRESIDENT BAILEY:   Senator 

 2    Skoufis to be recorded in the affirmative.

 3                 Announce the results.

 4                 THE SECRETARY:   Ayes, 60.

 5                 ACTING PRESIDENT BAILEY:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    1183, Senate Print 8118C, by Senator Kavanagh, an 

 9    act to amend the Real Property Law.

10                 ACTING PRESIDENT BAILEY:   Read the 

11    last section.

12                 THE SECRETARY:   Section 4.  This 

13    act shall take effect on the 90th day after it 

14    shall have become a law.

15                 ACTING PRESIDENT BAILEY:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT BAILEY:   Announce 

19    the results.

20                 THE SECRETARY:   In relation to 

21    Calendar 1183, voting in the negative are 

22    Senators Ashby, Borrello, Canzoneri-Fitzpatrick, 

23    Chan, Gallivan, Griffo, Helming, Lanza, Martins, 

24    Mattera, Murray, Oberacker, O'Mara, Palumbo, 

25    Rhoads, Rolison, Stec, Tedisco, Walczyk, Weber 


                                                               7584

 1    and Weik.

 2                 Ayes, 39.  Nays, 21.

 3                 ACTING PRESIDENT BAILEY:   The bill 

 4    is passed.  

 5                 THE SECRETARY:   Calendar Number 

 6    1188, Senate Print 9773, by Senator Sepúlveda, an 

 7    act to amend the Judiciary Law.

 8                 ACTING PRESIDENT BAILEY:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 4.  This 

11    act shall take effect on the 30th day after it 

12    shall have become a law.

13                 ACTING PRESIDENT BAILEY:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT BAILEY:   Announce 

17    the results.  

18                 THE SECRETARY:   In relation to 

19    Calendar 1188, voting in the negative are 

20    Senators Ashby, Borrello, Canzoneri-Fitzpatrick, 

21    Chan, Gallivan, Griffo, Helming, Lanza, 

22    Oberacker, O'Mara, Ortt, Palumbo, Rhoads, Stec, 

23    Tedisco, Weber.  Also Senator Martins.  

24                 Ayes, 43.  Nays, 17.

25                 ACTING PRESIDENT BAILEY:   The bill 


                                                               7585

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    1205, Senate Print 4757, by Senator Bailey, an 

 4    act to amend the Executive Law.

 5                 ACTING PRESIDENT BAILEY:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 2.  This 

 8    act shall take effect on the first of April.  

 9                 ACTING PRESIDENT BAILEY:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT BAILEY:   Announce 

13    the results.

14                 THE SECRETARY:   In relation to 

15    Calendar 1205, voting in the negative:  

16    Senator Walczyk.

17                 Ayes, 59.  Nays, 1.

18                 ACTING PRESIDENT BAILEY:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    1213, Assembly Bill Number 10135, by 

22    Assemblymember Barrett, an act to amend the 

23    Public Service Law.

24                 ACTING PRESIDENT BAILEY:   Read the 

25    last section.


                                                               7586

 1                 THE SECRETARY:   Section 2.  This 

 2    act shall take effect immediately.

 3                 ACTING PRESIDENT BAILEY:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT BAILEY:   Announce 

 7    the results.

 8                 THE SECRETARY:   Ayes, 60.

 9                 ACTING PRESIDENT BAILEY:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    1222, Senate Print 2377, by Senator Mattera, an 

13    act to amend the Public Authorities Law.

14                 ACTING PRESIDENT BAILEY:   Read the 

15    last section.

16                 THE SECRETARY:   Section 2.  This 

17    act shall take effect immediately.

18                 ACTING PRESIDENT BAILEY:   Call the 

19    roll.  

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT BAILEY:   Announce 

22    the results.

23                 THE SECRETARY:   Ayes, 60.

24                 ACTING PRESIDENT BAILEY:   The bill 

25    is passed.


                                                               7587

 1                 THE SECRETARY:   Calendar Number 

 2    1231, Senate Print 1965, by Senator Rivera, an 

 3    act to amend the Public Health Law.

 4                 ACTING PRESIDENT BAILEY:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 5.  This 

 7    act shall take effect on the 90th day after it 

 8    shall have become a law.

 9                 ACTING PRESIDENT BAILEY:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT BAILEY:   Announce 

13    the results.

14                 THE SECRETARY:   In relation to 

15    Calendar 1231, voting in the negative are 

16    Senators Ashby, Borrello, Canzoneri-Fitzpatrick, 

17    Chan, Gallivan, Griffo, Helming, Lanza, Martinez, 

18    Martins, Mattera, Murray, Oberacker, O'Mara, 

19    Ortt, Palumbo, Rhoads, Rolison, Stec, Tedisco, 

20    Walczyk, Weber and Weik.  Also Senator Skoufis.

21                 Ayes, 36.  Nays, 24.

22                 ACTING PRESIDENT BAILEY:   The bill 

23    is passed.

24                 Senator Serrano.

25                 SENATOR SERRANO:   Mr. President, 


                                                               7588

 1    Senator Ramos wanted to explain her vote on 

 2    Calendar 1151.  

 3                 Upon consent, we've agreed to allow 

 4    her to speak on that now.  

 5                 ACTING PRESIDENT BAILEY:   Senator 

 6    Ramos to explain her vote.

 7                 SENATOR RAMOS:   Yeah, thank you, 

 8    Mr. President.  

 9                 This is an important bill to state 

10    on the record that workers deserve to know who is 

11    actually communicating with them.  Across the 

12    country we have seen outside organizations send 

13    deceptive mailers, emails and communications 

14    designed to look like they come from a workers' 

15    union when they did not.

16                 The goal is often confusion, to 

17    mislead workers and interfere with the 

18    relationship between workers and the 

19    organizations they have chosen to represent them.

20                 This legislation prohibits the false 

21    impersonation of employee organizations and their 

22    representatives and gives the Attorney General 

23    the authority to take action against those who 

24    intentionally engage in these deceptive 

25    practices.  


                                                               7589

 1                 And I want to take a moment to 

 2    address concerns that have been raised by some 

 3    rank-and-file union members and reform advocates.  

 4    I want to be very clear about legislative intent 

 5    on the record.

 6                 This bill is about fraud and 

 7    deception.  It is not about silencing criticism.  

 8    It's not about limiting union democracy.  It is 

 9    not about preventing members from organizing, 

10    advocating for reform, running for office, 

11    criticizing leadership, distributing literature, 

12    participating in caucuses, or engaging in 

13    vigorous debate about the future of their unions.

14                 A healthy labor movement depends on 

15    active, engaged members who are willing to ask 

16    questions, challenge leadership, and advocate for 

17    change.  Nothing in this legislation shall be 

18    construed as restricting those rights.  

19                 The target of this bill is much 

20    narrower.  If you want to criticize a union, you 

21    have that right.  If you want to disagree with a 

22    union, you have that right.  But you do not have 

23    the right to pretend to be the union in order to 

24    mislead workers.  

25                 Workers deserve honest information, 


                                                               7590

 1    transparency, and they deserve the freedom to 

 2    make informed decisions without being subjected 

 3    to fraud.

 4                 I vote aye.  Thank you.

 5                 ACTING PRESIDENT BAILEY:   Senator 

 6    Ramos to be recorded in the affirmative.  

 7                 The Secretary will read.

 8                 THE SECRETARY:   Calendar Number 

 9    1243, Senate Print 2317A, by Senator Skoufis, an 

10    act to amend the General Municipal Law.

11                 (Pause.)

12                 ACTING PRESIDENT BAILEY:   The 

13    Secretary will read.

14                 THE SECRETARY:   Calendar Number 

15    1243, Senate Print 2317A, by Senator Skoufis, an 

16    act to amend the General Municipal Law.

17                 ACTING PRESIDENT BAILEY:   Read the 

18    last section.

19                 THE SECRETARY:   Section 4.  This 

20    act shall take effect immediately.

21                 ACTING PRESIDENT BAILEY:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT BAILEY:   Announce 

25    the results.


                                                               7591

 1                 THE SECRETARY:   In relation to 

 2    Calendar 1243, voting in the negative are 

 3    Senators Baskin, Borrello, Bynoe, 

 4    Canzoneri-Fitzpatrick, Gallivan, Griffo, 

 5    Martinez, Martins, Oberacker, O'Mara, Ortt, 

 6    Rhoads, Tedisco, Walczyk and Zellner.

 7                 Ayes, 45.  Nays, 15.

 8                 ACTING PRESIDENT BAILEY:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    1266, Senate Print 5713, by Senator Skoufis, an 

12    act to amend the Railroad Law.

13                 ACTING PRESIDENT BAILEY:   Read the 

14    last section.

15                 THE SECRETARY:   Section 2.  This 

16    act shall take effect on the 30th day after it 

17    shall have become a law.

18                 ACTING PRESIDENT BAILEY:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT BAILEY:   Announce 

22    the results.

23                 THE SECRETARY:   In relation to 

24    Calendar 1266, voting in the negative:  

25    Senator Walczyk.


                                                               7592

 1                 Ayes, 59.  Nays, 1.

 2                 ACTING PRESIDENT BAILEY:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    1281, Assembly Bill Number 11233A, by 

 6    Assemblymember Magnarelli, an act to amend the 

 7    Vehicle and Traffic Law.

 8                 ACTING PRESIDENT BAILEY:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 2.  This 

11    act shall take effect March 1, 2028.

12                 ACTING PRESIDENT BAILEY:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT BAILEY:   Senator 

16    Ryan to explain his vote.

17                 SENATOR RYAN:   Thank you.  Thank 

18    you, Mr. President.  I quickly rise on this bill.  

19                 I think -- you know, I think one of 

20    the greatest and best duties that we -- one of 

21    the greatest duties that we have is to protect 

22    and make laws that are beneficial to those in our 

23    armed forces.  

24                 Under current law as it is, 

25    generally only a driver's license can be renewed, 


                                                               7593

 1    vehicle registrations can be renewed within 

 2    60 days.  If you are a veteran and you have 

 3    orders to deploy, that isn't working out for you.  

 4                 So what this bill does is it gives 

 5    them the ability to pre-renew, I guess, their 

 6    registrations.  

 7                 You know, it may seem like a small 

 8    thing, but often it's the small, practical 

 9    changes that have the greatest impacts on some of 

10    our New Yorkers' lives, especially those that 

11    have stepped up to serve our country.  

12                 And I truly believe that our 

13    servicemembers should not have to worry about a 

14    vehicle registration while they are fulfilling 

15    their obligations to serve our great nation 

16    either out of state or overseas.  

17                 So a small procedural change, but 

18    again, anything that we can do to help our 

19    veterans, those heroes that put our country 

20    before themselves.  I proudly vote in the aye, 

21    and I urge my colleagues to do the same.

22                 Thank you.

23                 ACTING PRESIDENT BAILEY:   Senator 

24    Ryan to be recorded in the affirmative.

25                 Announce the results.  


                                                               7594

 1                 THE SECRETARY:   Ayes, 60.

 2                 ACTING PRESIDENT BAILEY:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    1307, Senate Print 7421B, by Senator Martinez, an 

 6    act to amend the Environmental Conservation Law.

 7                 ACTING PRESIDENT BAILEY:   Read the 

 8    last section.  

 9                 THE SECRETARY:   Section 3.  This 

10    act shall take effect on the 60th day after it 

11    shall have become a law.

12                 ACTING PRESIDENT BAILEY:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT BAILEY:   Announce 

16    the results.

17                 THE SECRETARY:   In relation to 

18    Calendar 1307, voting in the negative are 

19    Senators Griffo, Martins, Oberacker, O'Mara and 

20    Walczyk.

21                 Ayes, 55.  Nays, 5.

22                 ACTING PRESIDENT BAILEY:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 

25    1337, Senate Print 687, by Senator Martinez, an 


                                                               7595

 1    act to amend the Education Law.

 2                 ACTING PRESIDENT BAILEY:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 3.  This 

 5    act shall take effect on the first of July.

 6                 ACTING PRESIDENT BAILEY:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT BAILEY:   Announce 

10    the results.

11                 THE SECRETARY:   In relation to 

12    Calendar 1337, voting in the negative:  

13    Senator Walczyk.

14                 Ayes, 59.  Nays, 1.

15                 ACTING PRESIDENT BAILEY:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    1343, Assembly Bill Number 3397A, by 

19    Assemblymember Raga, an act to amend the 

20    Veterans' Services Law.

21                 ACTING PRESIDENT BAILEY:   Read the 

22    last section.

23                 THE SECRETARY:   Section 2.  This 

24    act shall take effect immediately.  

25                 ACTING PRESIDENT BAILEY:   Call the 


                                                               7596

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT BAILEY:   Announce 

 4    the results.

 5                 THE SECRETARY:   Ayes, 60.

 6                 ACTING PRESIDENT BAILEY:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    1350, Assembly Bill Number 329C, by 

10    Assemblymember Jackson, an act to amend the 

11    Mental Hygiene Law.

12                 ACTING PRESIDENT BAILEY:   Read the 

13    last section.  

14                 THE SECRETARY:   Section 8.  This 

15    act shall take effect on the same date and in the 

16    same manner as a chapter of the Laws of 2022.

17                 ACTING PRESIDENT BAILEY:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT BAILEY:   Announce 

21    the results.  

22                 THE SECRETARY:   Ayes, 60.

23                 ACTING PRESIDENT BAILEY:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               7597

 1    1353, Assembly Bill Number 6285, by 

 2    Assemblymember Otis, an act to amend the 

 3    Public Service Law.  

 4                 SENATOR LANZA:   Lay it aside.

 5                 ACTING PRESIDENT BAILEY:   Lay it 

 6    aside.

 7                 THE SECRETARY:   Calendar Number 

 8    1354, Senate Print 4462B, by Senator Mayer, an 

 9    act to amend the Social Services Law.

10                 ACTING PRESIDENT BAILEY:   Read the 

11    last section.

12                 THE SECRETARY:   Section 3.  This 

13    act shall take effect immediately.

14                 ACTING PRESIDENT BAILEY:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT BAILEY:   Senator 

18    Mayer to explain her vote.

19                 SENATOR MAYER:   Thank you, 

20    Mr. President.

21                 And I couldn't be more pleased that 

22    we are going to pass this bill today to help the 

23    parents, if it passes in the Assembly, and 

24    primarily the mothers of medically fragile 

25    children.  


                                                               7598

 1                 These are children who basically 

 2    require 24-hour care as a result of medical 

 3    issues that they have.  And they are approved, 

 4    under the state's Medicaid program, for 

 5    private-duty nursing, but there's not enough 

 6    private-duty nurses.  

 7                 And what happens as a practical 

 8    matter is the mothers basically have to give up 

 9    their jobs in order to provide 24-hour care or to 

10    supplement the private-duty nurses they can have.  

11    And we have not found a way to reimburse these 

12    mothers for the equivalent of private-duty 

13    nursing for which they must be certified and 

14    trained and supervised.  

15                 I've had the honor -- and truly the 

16    honor -- of meeting not only the children but the 

17    parents of these children.  They face an 

18    extraordinary challenge.  And they have devoted 

19    their lives to the care and well-being of their 

20    children, as any mother or father would do, but 

21    the state simply has not kept up its part of the 

22    bargain.  

23                 And so this bill, which was really 

24    pushed by a group, the Voices of the Medically 

25    Fragile, these parents that got together and 


                                                               7599

 1    said, We need to have a voice.  And today we are 

 2    giving them a voice by saying the state must find 

 3    a way, through the Medicaid program, to reimburse 

 4    these parents as they provide this essential 

 5    care.  

 6                 I'm proud to vote yes.  I thank them 

 7    for their advocacy.  We're not finished; the 

 8    bill -- we would love it to pass in the Assembly.  

 9    But this is a change that is long overdue.  I 

10    proudly vote aye.

11                 ACTING PRESIDENT BAILEY:   Senator 

12    Mayer to be recorded in the affirmative.

13                 Announce the results.

14                 THE SECRETARY:   Ayes, 60.

15                 ACTING PRESIDENT BAILEY:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    1355, Senate Print 4707B, by Senator Stavisky, an 

19    act to amend the Education Law.

20                 ACTING PRESIDENT BAILEY:   Read the 

21    last section.

22                 THE SECRETARY:   Section 8.  This 

23    act shall take effect on the first of January.  

24                 ACTING PRESIDENT BAILEY:   Call the 

25    roll.


                                                               7600

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT BAILEY:   Announce 

 3    the results.

 4                 THE SECRETARY:   Ayes, 60.

 5                 ACTING PRESIDENT BAILEY:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    1356, Senate Print Number 4917B, by 

 9    Senator Scarcella-Spanton, an act to amend the 

10    Insurance Law.

11                 ACTING PRESIDENT BAILEY:   Read the 

12    last section.

13                 THE SECRETARY:   Section 4.  This 

14    act shall take effect on the first of January.  

15                 ACTING PRESIDENT BAILEY:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT BAILEY:   Announce 

19    the results.

20                 THE SECRETARY:   Ayes, 60.

21                 ACTING PRESIDENT BAILEY:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    1386, Assembly Bill Number 9581B, by 

25    Assemblymember Bronson, an act to amend the 


                                                               7601

 1    Labor Law.

 2                 ACTING PRESIDENT BAILEY:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 2.  This 

 5    act shall take effect immediately.

 6                 ACTING PRESIDENT BAILEY:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT BAILEY:   Senator 

10    Hinchey to explain -- Senator Borrello to explain 

11    his vote first.

12                 SENATOR BORRELLO:   Thank you, but I 

13    appreciate the ladies-first thing.  But I'll 

14    speak first.  

15                 So this bill -- I'm opposed to this 

16    bill.  This bill would require any company of 

17    50 or more employees to have to submit a report 

18    on how AI has impacted jobs.  

19                 Now, I know we are all concerned 

20    about the impact of AI on employment in New York 

21    State, but this is a very onerous bill with a 

22    $500 per day fine, I believe, for those that 

23    don't comply.  

24                 And the real question is, how do we 

25    really know how AI is impacting it?  I mean, if I 


                                                               7602

 1    hire someone to, you know, to do an ad for me and 

 2    instead of hiring that person to run ads and do 

 3    marketing, I use ChatGPT or whatever, I'm not 

 4    sure if that counts exactly.  

 5                 And look, if the Department of Labor 

 6    wants to know the impact of AI on jobs, they can 

 7    find out.  They can do surveys, they can contact 

 8    employers, and they probably should.  They 

 9    probably should because we are driving enough 

10    business out of this state without trying to 

11    figure out how AI is doing it even better than 

12    New York State government is.  And I guarantee 

13    you it's not.  

14                 So I'll be voting no.  Thank you.  

15                 ACTING PRESIDENT BAILEY:   Senator 

16    Borrello to be recorded in the negative.  

17                 Senator Hinchey to explain her 

18    vote -- Senator Hinchey to close, excuse me.  

19                 SENATOR HINCHEY:   Thank you, 

20    Mr. President.  

21                 I rise to proudly vote aye for this 

22    bill, and I want to thank the leader for bringing 

23    it to the floor.  

24                 AI is here.  No one is disputing 

25    that.  And there are a lot of really great ways 


                                                               7603

 1    that we can use that in our lives that are 

 2    already happening.  However, it is having a major 

 3    impact on our workforce.  In fact, we have seen 

 4    numerous companies laying off not five, 10, 

 5    15 people -- thousands of people at a clip.  That 

 6    is thousands of people who are unemployed 

 7    overnight.  

 8                 We don't know what the scale of this 

 9    will be.  We don't know what the impact to our 

10    workforce will be.  We don't know what the need 

11    for our unemployment systems will be because of 

12    the rise in AI in our workforce.  

13                 What our bill is doing is collecting 

14    the data to make sure that we know what is needed 

15    to not just retrain employees and workers for the 

16    future, but to know what kinds of jobs we should 

17    be retraining for, and to also make sure that we 

18    are helping people stay in the roles that they 

19    should be in today so that we don't have a 

20    whiplash effect, as we have seen with some 

21    companies where they have laid off thousands of 

22    people, realize that they've overcorrected, and 

23    tried to then rehire a few back.

24                 Our bill is incredibly important to 

25    understand the landscape, to actually bring in 


                                                               7604

 1    the Department of Labor to really track what's 

 2    happening.  And we've modeled our bill off of the 

 3    existing systems that already exist, like the 

 4    WARN Act.  So this is not deeply onerous for 

 5    companies because they are used to these systems.  

 6                 I am really proud that we will be 

 7    the first state in the country, although there is 

 8    a federal bill very similar to ours -- a 

 9    bipartisan bill, I should say, very similar to 

10    ours that is being prioritized at the federal 

11    level.  But we will be the first state in the 

12    country to actually start to track this data.  

13                 And that's incredibly important, and 

14    for that I vote aye.  

15                 Thank you, Mr. President.

16                 ACTING PRESIDENT BAILEY:   Senator 

17    Hinchey to be recorded in the affirmative.  

18                 Announce the results.  

19                 THE SECRETARY:   In relation to 

20    Calendar 1386, voting in the negative are 

21    Senators Ashby, Borrello, Canzoneri-Fitzpatrick, 

22    Chan, Gallivan, Griffo, Helming, Lanza, Martins, 

23    Mattera, Murray, Oberacker, O'Mara, Ortt, 

24    Palumbo, Rhoads, Rolison, Stec, Tedisco, Walczyk, 

25    Weber and Weik.


                                                               7605

 1                 Ayes, 38.  Nays, 22.

 2                 ACTING PRESIDENT BAILEY:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    1387, Senate Print 8837, by Senator Hinchey, an 

 6    act to amend the General Municipal Law.

 7                 ACTING PRESIDENT BAILEY:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 3.  This 

10    act shall take effect immediately.  

11                 ACTING PRESIDENT BAILEY:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT BAILEY:   Announce 

15    the results.

16                 THE SECRETARY:   Ayes, 60.

17                 ACTING PRESIDENT BAILEY:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    1388, Senate Print 8850A, by Senator Gounardes, 

21    an act to amend the General Business Law.

22                 ACTING PRESIDENT BAILEY:   Read the 

23    last section.  

24                 THE SECRETARY:   Section 2.  This 

25    act shall take effect July 1, 2027.


                                                               7606

 1                 ACTING PRESIDENT BAILEY:   Call the 

 2    roll.

 3                 (The Secretary called the roll.)

 4                 ACTING PRESIDENT BAILEY:   Announce 

 5    the results.  

 6                 THE SECRETARY:   Ayes, 60.

 7                 ACTING PRESIDENT BAILEY:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    1389, Assembly Bill Number 10030B, by 

11    Assemblymember Weprin, an act to amend the 

12    Insurance Law.

13                 ACTING PRESIDENT BAILEY:   Read the 

14    last section.

15                 THE SECRETARY:   Section 2.  This 

16    act shall take effect January 1, 2028.

17                 ACTING PRESIDENT BAILEY:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT BAILEY:   Announce 

21    the results.

22                 THE SECRETARY:   In relation to  

23    Calendar 1389, voting in the negative are 

24    Senators Walczyk and Rhoads.

25                 Ayes, 58.  Nays, 2.


                                                               7607

 1                 ACTING PRESIDENT BAILEY:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    1390, Senate Print 9021, by Senator Harckham, an 

 5    act to amend the Civil Rights Law.  

 6                 ACTING PRESIDENT BAILEY:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 2.  This 

 9    act shall take effect immediately.  

10                 ACTING PRESIDENT BAILEY:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT BAILEY:   Announce 

14    the results.

15                 THE SECRETARY:   Ayes, 60.

16                 ACTING PRESIDENT BAILEY:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    1394, Assembly Bill Number 10184, by 

20    Assemblymember Carroll, an act to amend the 

21    Real Property Tax Law. 

22                 ACTING PRESIDENT BAILEY:   Read the 

23    last section.

24                 THE SECRETARY:   Section 2.  This 

25    act shall take effect immediately.


                                                               7608

 1                 ACTING PRESIDENT BAILEY:   Call the 

 2    roll.

 3                 (The Secretary called the roll.)

 4                 ACTING PRESIDENT BAILEY:   Announce 

 5    the results.

 6                 THE SECRETARY:   In relation to 

 7    Calendar 1394, voting in the negative are 

 8    Senators Fahy and Skoufis.

 9                 Ayes, 58.  Nays, 2.

10                 ACTING PRESIDENT BAILEY:   The bill 

11    is passed.  

12                 THE SECRETARY:   Calendar Number 

13    1395, Assembly Bill Number 10158, by 

14    Assemblymember Carroll, an act to amend the 

15    Real Property Tax Law.

16                 ACTING PRESIDENT BAILEY:   Read the 

17    last section.

18                 THE SECRETARY:   Section 2.  This 

19    act shall take effect immediately.

20                 ACTING PRESIDENT BAILEY:   Call the 

21    roll.  

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT BAILEY:   Announce 

24    the results.  

25                 THE SECRETARY:   In relation to 


                                                               7609

 1    Calendar 1395, voting in the negative:  

 2    Senator Skoufis.

 3                 Ayes, 59.  Nays, 1.

 4                 ACTING PRESIDENT BAILEY:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    1396, Assembly Bill Number 9600A, by 

 8    Assemblymember Rajkumar, an act to amend the 

 9    Mental Hygiene Law.

10                 ACTING PRESIDENT BAILEY:   Read the 

11    last section.

12                 THE SECRETARY:   Section 2.  This 

13    act shall take effect immediately.

14                 ACTING PRESIDENT BAILEY:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT BAILEY:   Announce 

18    the results.

19                 THE SECRETARY:   Ayes, 60.

20                 ACTING PRESIDENT BAILEY:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    1397, Senate Print 9115A, by Senator Harckham, an 

24    act to amend the Environmental Conservation Law.

25                 ACTING PRESIDENT BAILEY:   Read the 


                                                               7610

 1    last section.

 2                 THE SECRETARY:   Section 6.  This 

 3    act shall take effect immediately.

 4                 ACTING PRESIDENT BAILEY:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT BAILEY:   Announce 

 8    the results.

 9                 THE SECRETARY:   In relation to 

10    Calendar 1397, voting in the negative are 

11    Senators Borrello, Chan, Martins, Oberacker, 

12    Rhoads, Ryan, Stec and Walczyk.

13                 Ayes, 52.  Nays, 8.

14                 ACTING PRESIDENT BAILEY:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    1398, Senate Print Number 9199, by 

18    Senator Scarcella-Spanton, an act to amend 

19    the Public Service Law.

20                 ACTING PRESIDENT BAILEY:   Read the 

21    last section.

22                 THE SECRETARY:   Section 2.  This 

23    act shall take effect on the first of April.

24                 ACTING PRESIDENT BAILEY:   Call the 

25    roll.


                                                               7611

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT BAILEY:   Announce 

 3    the results.

 4                 THE SECRETARY:   In relation to 

 5    Calendar 1398, voting in the negative:  

 6    Senator Walczyk.

 7                 Ayes, 59. Nays, 1.

 8                 ACTING PRESIDENT BAILEY:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    1400, Senate Print 9278A, by Senator Fernandez, 

12    an act to amend the State Finance Law.

13                 ACTING PRESIDENT BAILEY:   Read the 

14    last section.

15                 THE SECRETARY:   Section 2.  This 

16    act shall take effect immediately.

17                 ACTING PRESIDENT BAILEY:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT BAILEY:   Announce 

21    the results.

22                 THE SECRETARY:   Ayes, 60.

23                 ACTING PRESIDENT BAILEY:   The bill 

24    is passed.  

25                 THE SECRETARY:   Calendar Number 


                                                               7612

 1    1401, Assembly Bill Number 10415A, by 

 2    Assemblymember Magnarelli, an act to amend the 

 3    Public Service Law.

 4                 ACTING PRESIDENT BAILEY:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 2.  This 

 7    act shall take effect immediately.

 8                 ACTING PRESIDENT BAILEY:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT BAILEY:   Announce 

12    the results.

13                 THE SECRETARY:   Ayes, 60.

14                 ACTING PRESIDENT BAILEY:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    1402, Senate Print 9310, Senator Brisport, an act 

18    to amend the Limited Liability Company Law.

19                 ACTING PRESIDENT BAILEY:   Read the 

20    last section.

21                 THE SECRETARY:   Section 4.  This 

22    act shall take effect on the 365th day after it 

23    shall have become a law.

24                 ACTING PRESIDENT BAILEY:   Call the 

25    roll.


                                                               7613

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT BAILEY:   Announce 

 3    the results.  

 4                 THE SECRETARY:   In relation to 

 5    Calendar 1402, voting in the negative are 

 6    Senators Martins, Helming, Walczyk and Weber.

 7                 Ayes, 56.  Nays, 4.

 8                 ACTING PRESIDENT BAILEY:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    1404, Senate Print 9349, by Senator Zellner, an 

12    act to amend the Insurance Law.

13                 ACTING PRESIDENT BAILEY:   Read the 

14    last section.

15                 THE SECRETARY:   Section 3.  This 

16    act shall take effect immediately.

17                 ACTING PRESIDENT BAILEY:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT BAILEY:   Senator 

21    Zellner to explain his vote.

22                 SENATOR ZELLNER:   Thank you, 

23    Mr. President.

24                 Across New York, volunteer 

25    firefighters and EMS personnel play a critical 


                                                               7614

 1    role in keeping our communities safe.  They're 

 2    the people who show up when an emergency happens, 

 3    and many of them do it while balancing jobs, 

 4    families, and countless other responsibilities.  

 5                 Part of that commitment is training.  

 6    The Emergency Vehicle Operator Course helps first 

 7    responders safely operate emergency vehicles in 

 8    difficult situations and prepares them for the 

 9    realities of the job.  

10                 This bill is simple.  It recognizes 

11    that training and creates an opportunity for 

12    insurance companies to provide a premium 

13    reduction for volunteers who complete it.  

14                 At a time when many volunteer 

15    departments are facing recruitment and retention 

16    challenges, we are looking for practical ways to 

17    support the people who continue to answer the 

18    call.  

19                 This won't solve every challenge 

20    facing volunteer fire and EMS services, but it's 

21    a commonsense step that recognizes the value of 

22    their training and helps support the volunteers 

23    our communities depend on every day.  

24                 For those reasons, I vote in the 

25    affirmative.  


                                                               7615

 1                 ACTING PRESIDENT BAILEY:   Senator 

 2    Zellner to be recorded in the affirmative.

 3                 Announce the results.

 4                 THE SECRETARY:   Ayes, 60.

 5                 ACTING PRESIDENT BAILEY:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    1405, Senate Print 9370, by Senator Comrie, an 

 9    act to amend the State Finance Law.

10                 ACTING PRESIDENT BAILEY:   Read the 

11    last section.  

12                 THE SECRETARY:   Section 2.  This 

13    act shall take effect immediately.  

14                 ACTING PRESIDENT BAILEY:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT BAILEY:   Announce 

18    the results.

19                 THE SECRETARY:   Ayes, 60.

20                 ACTING PRESIDENT BAILEY:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    1406, Senate Print 9419, by Senator Addabbo, an 

24    act to amend the Vehicle and Traffic Law.

25                 ACTING PRESIDENT BAILEY:   Read the 


                                                               7616

 1    last section.  

 2                 THE SECRETARY:   Section 4.  This 

 3    act shall take effect on the 30th day after it 

 4    shall have become a law.

 5                 ACTING PRESIDENT BAILEY:   Call the 

 6    roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT BAILEY:   Announce 

 9    the results.

10                 THE SECRETARY:   Ayes, 60.

11                 ACTING PRESIDENT BAILEY:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 

14    1407, Assembly Bill Number 65B, by 

15    Assemblymember Hevesi, an act to amend the 

16    Social Services Law.

17                 ACTING PRESIDENT BAILEY:   Read the 

18    last section.

19                 THE SECRETARY:   Section 2.  This 

20    act shall take effect on the 180th day after it 

21    shall have become a law.

22                 ACTING PRESIDENT BAILEY:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT BAILEY:   Senator 


                                                               7617

 1    Mayer to explain her vote.

 2                 SENATOR MAYER:   Thank you, 

 3    Mr. President.  

 4                 And I could not be more pleased 

 5    today to vote on a bill that establishes a 

 6    statewide supervised visitation initiative to 

 7    support safe and structured parenting time for 

 8    children and families across New York.  

 9                 I have to give tremendous credit to 

10    the Women's Bar Association of the State of 

11    New York and multiple judges of the Office of 

12    Court Administration who recognized that more 

13    than half of New York's counties lack any 

14    supervised visitation program -- and, where it is 

15    offered, the need far exceeds capacity.  

16                 In fact, judges are unable to make 

17    thoughtful decisions about custodial and 

18    visitation arrangements because they do not have 

19    access to supervised visitation, which allows 

20    them to have evaluators determine what's in the 

21    best interests of the children.  

22                 This bill, which was carried by our 

23    colleague before he left, Senator Hoylman-Sigal, 

24    is extremely important to the future of reuniting 

25    families and, given the best interests of the 


                                                               7618

 1    children, decision-making based on real evidence 

 2    of supervised visitation.

 3                 I'm so grateful for the advocacy of 

 4    judges who, on their own, reached out about their 

 5    frustration with the lack of programs.  As I 

 6    said, the Women's Bar and also the parents and 

 7    children, particularly those without additional 

 8    resources who are stuck on the bottom of the 

 9    waiting list waiting to have supervised 

10    visitation and evaluation, so they can visit with 

11    their kids in safety and comfort, knowing it is 

12    in the best interests of their children.  

13                 I could not be more pleased that 

14    this bill has finally made it to the floor.  

15    Thank you to the Majority Leader for 

16    understanding the priority of this issue.  

17                 I proudly vote aye.

18                 ACTING PRESIDENT BAILEY:   Senator 

19    Mayer to be recorded in the affirmative.

20                 Announce the results.  

21                 THE SECRETARY:   Ayes, 60.

22                 ACTING PRESIDENT BAILEY:   The bill 

23    is passed.  

24                 THE SECRETARY:   Calendar Number 

25    1409, Assembly Bill Number 10312A, by 


                                                               7619

 1    Assemblymember Paulin, an act to amend the 

 2    Public Health Law.

 3                 ACTING PRESIDENT BAILEY:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 2.  This 

 6    act shall take effect immediately.

 7                 ACTING PRESIDENT BAILEY:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT MAYER:   Announce 

11    the results.

12                 THE SECRETARY:   In relation to 

13    Calendar 1409, voting in the negative are 

14    Senators Ashby, Borrello, Canzoneri-Fitzpatrick, 

15    Chan, Gallivan, Griffo, Helming, Lanza, Martins, 

16    Mattera, Oberacker, O'Mara, Ortt, Palumbo, 

17    Rhoads, Rolison, Stec, Tedisco, Walczyk, Weber 

18    and Weik.

19                 Ayes, 39.  Nays, 21.

20                 ACTING PRESIDENT MAYER:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    1410, Assembly Bill Number 9140, by 

24    Assemblymember Rosenthal, an act to amend the 

25    Public Health Law.


                                                               7620

 1                 SENATOR LANZA:   Lay it aside.

 2                 ACTING PRESIDENT MAYER:   The bill 

 3    is laid aside.

 4                 THE SECRETARY:   Calendar Number 

 5    1414, Senate Print 9679, by Senator Baskin, an 

 6    act to amend the Private Housing Finance Law.

 7                 ACTING PRESIDENT MAYER:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 2.  This 

10    act shall take effect immediately.

11                 ACTING PRESIDENT MAYER:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT MAYER:   Senator 

15    Baskin to explain her vote.

16                 SENATOR BASKIN:   Thank you, 

17    Madam President.  

18                 This bill seeks to codify our 

19    universal and successful Block-by-Block 

20    Home Ownership Program, which provides funding to 

21    create new affordable homes on vacant lots.  

22                 I want to recognize the creator of 

23    this program, our former colleague and current 

24    City of Buffalo mayor, Sean Ryan, for his 

25    forward-thinking approach on how to address urban 


                                                               7621

 1    vacant residential land.

 2                 There's a housing advocate in my 

 3    district who creatively calls this bill the 

 4    fill-in-your-smile program.  We are proud of our 

 5    neighborhoods, but we know that when those 

 6    neighborhoods smile, there are gaps in the smile 

 7    because of vacant lots that surround our 

 8    beautiful homes.  So we've got to take our 

 9    neighborhoods to the dentist and fill in our 

10    smiles.  

11                 I'm grateful to our Majority Leader, 

12    Andrea Stewart-Cousins, for putting over a 

13    hundred million dollars into this budget program 

14    over the last three years.  This investment has 

15    the potential to create over 250 new homes across 

16    Buffalo, Rochester, Syracuse, Binghamton and 

17    Albany -- new homes that will be affordable.  New 

18    homes that will be accessible.  New homes that 

19    will help families seeking the American dream of 

20    home ownership.  

21                 But we know that these 250 homes are 

22    just a drop in the bucket when we consider the 

23    needs of our constituents.  The Block-by-Block 

24    program is how we rebuild neighborhoods and 

25    strengthen financial security and independence of 


                                                               7622

 1    families.  

 2                 These are the two goals that are 

 3    core to our efforts to serve our constituents, 

 4    regardless of whether you are in the Majority or 

 5    the Minority.  So let's codify this program so we 

 6    can bring this program across the entire state to 

 7    every neighborhood struggling with vacant lots, 

 8    and fill in those gaps of our community.  Let's 

 9    help our communities' smiles become beautiful, 

10    shiny homes.  

11                 I vote in the affirmative, and I ask 

12    my colleagues to do the same.  

13                 Thank you, Madam President.  

14                 ACTING PRESIDENT MAYER:   Senator 

15    Baskin to be recorded in the affirmative.

16                 Announce the results.

17                 THE SECRETARY:   In relation to 

18    Calendar 1414, voting in the negative are 

19    Senators Canzoneri-Fitzpatrick, Martins, Mattera, 

20    Walczyk, Weber and Weik.

21                 Ayes, 54.  Nays, 6.

22                 ACTING PRESIDENT MAYER:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 

25    1415, Senate Print 9728, by Senator Brouk, an act 


                                                               7623

 1    to amend the Social Services Law.

 2                 ACTING PRESIDENT MAYER:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 2.  This 

 5    act shall take effect on the 180th day after it 

 6    shall have become a law.

 7                 ACTING PRESIDENT MAYER:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT MAYER:   Announce 

11    the results.

12                 THE SECRETARY:   Ayes, 60.

13                 ACTING PRESIDENT MAYER:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    1416, Senate Print 9815, by Senator Krueger, an 

17    act to amend the Insurance Law.

18                 ACTING PRESIDENT MAYER:   Read the 

19    last section.

20                 THE SECRETARY:   Section 6.  This 

21    act shall take effect January 1, 2027.

22                 ACTING PRESIDENT MAYER:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT MAYER:   Announce 


                                                               7624

 1    the results.  

 2                 THE SECRETARY:   In relation to 

 3    Calendar 1416, voting in the negative are 

 4    Senators Ashby, Borrello, Canzoneri-Fitzpatrick, 

 5    Chan, Gallivan, Griffo, Helming, Lanza, Martins, 

 6    Mattera, Murray, Oberacker, O'Mara, Ortt, 

 7    Palumbo, Rhoads, Rolison, Stec, Tedisco, Walczyk, 

 8    Weber and Weik.

 9                 Ayes, 38.  Nays, 22.

10                 ACTING PRESIDENT MAYER:   The bill 

11    is passed.  

12                 THE SECRETARY:   Calendar Number 

13    1418, Senate Print 9858A, by Senator Hinchey, 

14    an act to amend the Penal Law.

15                 ACTING PRESIDENT MAYER:   Read the 

16    last section.

17                 THE SECRETARY:   Section 2.  This 

18    act shall take effect immediately.

19                 ACTING PRESIDENT MAYER:   Call the 

20    roll.  

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT MAYER:   Announce 

23    the results.

24                 THE SECRETARY:   Ayes, 60.

25                 ACTING PRESIDENT MAYER:   The bill 


                                                               7625

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    1419, Senate Print 9880, by Senator Cleare, an 

 4    act to amend the Social Services Law.

 5                 ACTING PRESIDENT MAYER:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 2.  This 

 8    act shall take effect on the 180th day after it 

 9    shall have become a law.

10                 ACTING PRESIDENT MAYER:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT MAYER:   Announce 

14    the results.

15                 THE SECRETARY:   Ayes, 60.

16                 ACTING PRESIDENT MAYER:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    1420, Senate Print 9887, by Senator Webb, an act 

20    to amend the Executive Law.  

21                 ACTING PRESIDENT MAYER:   Read the 

22    last section.

23                 THE SECRETARY:   Section 2.  This 

24    act shall take effect on the 180th day after it 

25    shall have become a law.


                                                               7626

 1                 ACTING PRESIDENT MAYER:   Call the 

 2    roll.

 3                 (The Secretary called the roll.)

 4                 ACTING PRESIDENT MAYER:   Announce 

 5    the results.

 6                 THE SECRETARY:   Ayes, 60.

 7                 ACTING PRESIDENT MAYER:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    1421, Senate Print 9889, by Senator Zellner, an 

11    act to amend the Private Housing Finance Law.

12                 ACTING PRESIDENT MAYER:   Read the 

13    last section.

14                 THE SECRETARY:   Section 2.  This 

15    act shall take effect on the 60th day after it 

16    shall have become a law.

17                 ACTING PRESIDENT MAYER:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT MAYER:   Announce 

21    the results.  

22                 THE SECRETARY:   In relation to 

23    Calendar 1421, voting in the negative:  

24    Senator Walczyk.

25                 Ayes, 59.  Nays, 1. 


                                                               7627

 1                 ACTING PRESIDENT MAYER:   Can you 

 2    hold on.  

 3                 Senator Zellner, you wanted to 

 4    explain your vote on Calendar 1421?

 5                 SENATOR ZELLNER:   Yes.

 6                 ACTING PRESIDENT MAYER:   Senator 

 7    Zellner to explain his vote.  

 8                 SENATOR ZELLNER:   Thank you, 

 9    Madam President.  

10                 I rise today in support of the 

11    Vacant Rental Improvement Program.  

12                 And before I begin, I want to join 

13    my colleague April Baskin in thanking and 

14    recognizing your former colleague, Mayor Sean 

15    Ryan, who introduced this bill during his time in 

16    the Senate.  Sean's been a long-time champion for 

17    housing, and I'm proud to carry this bill 

18    forward.  

19                 The reality is that New York doesn't 

20    just have a housing shortage, we have housing 

21    sitting vacant while families struggle to find a 

22    place they can afford.  In Buffalo, in Tonawanda, 

23    in Amherst, and in communities across upstate, 

24    people are searching for affordable housing.  

25                 At the same time, apartments that 


                                                               7628

 1    could be housing working families remain empty 

 2    because the costs and barriers to bring them back 

 3    online are simply too high.  

 4                 If we're serious about addressing 

 5    affordability, we have to be serious about 

 6    increasing supply.  And one of the fastest ways 

 7    to do that is by making it easier to put existing 

 8    housing back into use.  An empty apartment 

 9    doesn't help anyone.  It doesn't help a family 

10    looking for a home, a neighborhood trying to 

11    grow, or a community working to address 

12    affordability.  

13                 This isn't a silver bullet; no bill 

14    is.  But it's a practical step and cuts through 

15    red tape, creates opportunities, and gets more 

16    housing into our communities.  

17                 I vote aye.  

18                 Thank you, Madam President.  

19                 ACTING PRESIDENT MAYER:   Senator 

20    Zellner to be recorded in the affirmative.  

21                 Announce the results.

22                 THE SECRETARY:   Ayes, 60.

23                 ACTING PRESIDENT MAYER:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               7629

 1    1422, Senate Print 9897, by Senator Zellner, an 

 2    act to amend the Public Health Law.

 3                 ACTING PRESIDENT MAYER:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 2.  This 

 6    act shall take effect on the 30th day after it 

 7    shall have become a law.

 8                 ACTING PRESIDENT MAYER:   Call the 

 9    roll.  

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT MAYER:   Announce 

12    the results.  

13                 THE SECRETARY:   In relation to 

14    Calendar 1422, voting in the negative are 

15    Senators Ashby, Borrello, Canzoneri-Fitzpatrick, 

16    Chan, Griffo, Helming, Lanza, Mattera, Murray, 

17    Oberacker, O'Mara, Ortt, Rhoads, Stec, Tedisco, 

18    Walczyk, Weber and Weik.  Also Senator Palumbo.

19                 Ayes, 41.  Nays, 19.

20                 ACTING PRESIDENT MAYER:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    1423, Assembly Bill Number 10419, by 

24    Assemblymember Solages, an act to amend 

25    Chapter 581 of the Laws of 2005.


                                                               7630

 1                 ACTING PRESIDENT MAYER:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 3.  This 

 4    act shall take effect immediately.  

 5                 ACTING PRESIDENT MAYER:   Call the 

 6    roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT MAYER:   Announce 

 9    the results.

10                 THE SECRETARY:   Ayes, 60.

11                 ACTING PRESIDENT MAYER:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 

14    1421, Assembly Bill Number 11004, by 

15    Assemblymember Solages, an act to amend 

16    Chapter 492 of the Laws of 1993.

17                 ACTING PRESIDENT MAYER:   Read the 

18    last section.

19                 THE SECRETARY:   Section 3.  This 

20    act shall take effect immediately.

21                 ACTING PRESIDENT MAYER:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT MAYER:   Announce 

25    the results.  


                                                               7631

 1                 THE SECRETARY:   Ayes, 60.

 2                 ACTING PRESIDENT MAYER:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    1425, Assembly Bill Number 11006, by 

 6    Assemblymember O'Pharrow, an act to amend 

 7    Chapter 629 of the Laws of 2005.

 8                 ACTING PRESIDENT MAYER:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 2.  This 

11    act shall take effect immediately.

12                 ACTING PRESIDENT MAYER:   Call the 

13    roll.  

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT MAYER:   Announce 

16    the results.

17                 THE SECRETARY:   Ayes, 60.

18                 ACTING PRESIDENT MAYER:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    1426, Assembly Bill Number 11376, by 

22    Assemblymember Septimo, an act to amend 

23    Chapter 307 of the Laws of 2005.

24                 ACTING PRESIDENT MAYER:   Read the 

25    last section.


                                                               7632

 1                 THE SECRETARY:   Section 2.  This 

 2    act shall take effect immediately.

 3                 ACTING PRESIDENT MAYER:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT MAYER:   Announce 

 7    the results.

 8                 THE SECRETARY:   Ayes, 60.

 9                 ACTING PRESIDENT MAYER:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    1428, Senate Print 9989, by Senator Weber, an act 

13    authorizing the Tovas Dovid Community Kollel, 

14    Inc., to receive retroactive real property 

15    tax-exempt status.

16                 ACTING PRESIDENT MAYER:   Read the 

17    last section.

18                 THE SECRETARY:   Section 2.  This 

19    act shall take effect immediately.

20                 ACTING PRESIDENT MAYER:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT MAYER:   Announce 

24    the results.  

25                 THE SECRETARY:   In relation to 


                                                               7633

 1    Calendar 1428, voting in the negative are 

 2    Senators O'Mara and Skoufis.

 3                 Ayes, 58.  Nays, 2.

 4                 ACTING PRESIDENT MAYER:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    1429, Assembly Bill Number 11368, by 

 8    Assemblymember Cook, an act to amend the 

 9    Chapter 534 of the Laws of 1993.

10                 ACTING PRESIDENT MAYER:   Read the 

11    last section.

12                 THE SECRETARY:   Section 2.  This 

13    act shall take effect immediately.  

14                 ACTING PRESIDENT MAYER:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT MAYER:   Announce 

18    the results.

19                 THE SECRETARY:   Ayes, 60.

20                 ACTING PRESIDENT MAYER:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    1432, Assembly Bill Number 563A, by 

24    Assemblymember Paulin, an act to amend the 

25    Executive Law.


                                                               7634

 1                 ACTING PRESIDENT MAYER:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 3.  This 

 4    act shall take effect one year after it shall 

 5    have become a law.

 6                 ACTING PRESIDENT MAYER:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT MAYER:   Announce 

10    the results.

11                 THE SECRETARY:   Ayes, 60.

12                 ACTING PRESIDENT MAYER:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    1433, Assembly Bill Number 11234, by 

16    Assemblymember Weprin, an act to amend the 

17    Real Property Tax Law.

18                 ACTING PRESIDENT MAYER:   Read the 

19    last section.

20                 THE SECRETARY:   Section 2.  This 

21    act shall take effect immediately.

22                 ACTING PRESIDENT MAYER:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT MAYER:   Announce 


                                                               7635

 1    the results.

 2                 THE SECRETARY:   Ayes, 60.

 3                 ACTING PRESIDENT MAYER:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    1434, Assembly Bill Number 11392, by 

 7    Assemblymember Bichotte Hermelyn, an act to amend 

 8    Chapter 550 of the Laws of 2013.

 9                 ACTING PRESIDENT MAYER:   Read the 

10    last section.

11                 THE SECRETARY:   Section 2.  This 

12    act shall take effect immediately.

13                 ACTING PRESIDENT MAYER:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT MAYER:   Announce 

17    the results.  

18                 THE SECRETARY:   Ayes, 60.

19                 ACTING PRESIDENT MAYER:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    1435, Assembly Bill Number 10922, by 

23    Assemblymember Burke, an act to amend the 

24    Local Finance Law.

25                 ACTING PRESIDENT MAYER:   Read the 


                                                               7636

 1    last section.

 2                 THE SECRETARY:   Section 2.  This 

 3    act shall take effect immediately.  

 4                 ACTING PRESIDENT MAYER:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT MAYER:   Announce 

 8    the results.  

 9                 THE SECRETARY:   In relation to 

10    Calendar 1435, voting in the negative are 

11    Senators Walczyk and Weik.

12                 Ayes, 58.  Nays, 2.

13                 ACTING PRESIDENT MAYER:   The bill 

14    is passed.

15                 THE SECRETARY:   Also Senator 

16    Palumbo, pardon me.

17                 Ayes, 57.  Nays, 3.

18                 ACTING PRESIDENT MAYER:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    1436, Assembly Bill Number 11358, by 

22    Assemblymember Ramos, an act to amend Chapter 130 

23    of the Laws of 1998.

24                 ACTING PRESIDENT MAYER:   Read the 

25    last section.


                                                               7637

 1                 THE SECRETARY:   Section 2.  This 

 2    act shall take effect immediately.

 3                 ACTING PRESIDENT MAYER:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT MAYER:   Announce 

 7    the results.

 8                 THE SECRETARY:   Ayes, 60.

 9                 ACTING PRESIDENT MAYER:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    1437, Assembly Bill Number 3191A, by 

13    Assemblymember Lunsford, an act to amend the 

14    Penal Law.

15                 ACTING PRESIDENT MAYER:   Read the 

16    last section.

17                 THE SECRETARY:   Section 2.  This 

18    act shall take effect immediately.  

19                 ACTING PRESIDENT MAYER:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT MAYER:   Announce 

23    the results.

24                 THE SECRETARY:   In relation to 

25    Calendar 1437, voting in the negative:  


                                                               7638

 1    Senator Salazar.  

 2                 Ayes, 59.  Nays, 1.

 3                 ACTING PRESIDENT MAYER:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    1438, Senate Print 10445, by Senator Gianaris, an 

 7    act to amend the Education Law.

 8                 ACTING PRESIDENT MAYER:   Read the 

 9    last section.  

10                 THE SECRETARY:   Section 6.  This 

11    act shall take effect immediately.  

12                 ACTING PRESIDENT MAYER:   Call the 

13    roll.  

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT MAYER:   Announce 

16    the results.

17                 THE SECRETARY:   Ayes, 60.

18                 ACTING PRESIDENT MAYER:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    1439, Senate Print 10467, by Senator Bottcher, an 

22    act to amend the Education Law.

23                 ACTING PRESIDENT MAYER:   Read the 

24    last section.

25                 THE SECRETARY:   Section 4.  This 


                                                               7639

 1    act shall take effect on the 180th day after it 

 2    shall have become a law.

 3                 ACTING PRESIDENT MAYER:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT MAYER:   Announce 

 7    the results.

 8                 THE SECRETARY:   Ayes, 60.

 9                 ACTING PRESIDENT MAYER:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    1440, Assembly Bill Number 9693, by 

13    Assemblymember Cashman, an act to amend 

14    Chapter 138 of the Laws of 1998.

15                 ACTING PRESIDENT MAYER:   Read the 

16    last section.  

17                 THE SECRETARY:   Section 2.  This 

18    act shall take effect immediately.

19                 ACTING PRESIDENT MAYER:   Call the 

20    roll.  

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT MAYER:   Announce 

23    the results.

24                 THE SECRETARY:   Ayes, 60.

25                 ACTING PRESIDENT MAYER:   The bill 


                                                               7640

 1    is passed.  

 2                 THE SECRETARY:   Calendar Number 

 3    1441, Assembly Bill Number 11372, by 

 4    Assemblymember Schiavoni, an act to amend 

 5    Chapter 435 of the Laws of 2014.

 6                 ACTING PRESIDENT MAYER:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 2.  This 

 9    act shall take effect immediately.

10                 ACTING PRESIDENT MAYER:   Call the 

11    roll.  

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT MAYER:   Announce 

14    the results.

15                 THE SECRETARY:   In relation to 

16    Calendar 1441, voting in the negative:  

17    Senator Martinez.

18                 Ayes, 59.  Nays, 1.

19                 ACTING PRESIDENT MAYER:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    1442, Assembly Bill Number 11464, by 

23    Assemblymember Romero, an act to amend 

24    Chapter 141 of the Laws of 2014.

25                 ACTING PRESIDENT MAYER:   Read the 


                                                               7641

 1    last section.

 2                 THE SECRETARY:   Section 2.  This 

 3    act shall take effect immediately.

 4                 ACTING PRESIDENT MAYER:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT MAYER:   Announce 

 8    the results.  

 9                 THE SECRETARY:   In relation to 

10    Calendar 1442, voting in the negative are 

11    Senators Brisport and Martinez.  

12                 Ayes, 58.  Nays, 2.

13                 ACTING PRESIDENT MAYER:   The bill 

14    is passed.  

15                 THE SECRETARY:   Calendar Number 

16    1443, Assembly Bill Number 11377, by 

17    Assemblymember Griffin, an act to amend the 

18    Environmental Conservation Law.

19                 ACTING PRESIDENT MAYER:   Read the 

20    last section.

21                 THE SECRETARY:   Section 2.  This 

22    act shall take effect immediately.

23                 ACTING PRESIDENT MAYER:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               7642

 1                 ACTING PRESIDENT MAYER:   Announce 

 2    the results.

 3                 THE SECRETARY:   In relation to 

 4    Calendar 1443, voting in the negative:  

 5    Senator Skoufis.

 6                 Ayes, 59.  Nays, 1.

 7                 ACTING PRESIDENT MAYER:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    1510, Senate Print 10200A, by Senator Kavanagh, 

11    an act to amend the Multiple Dwelling Law.

12                 ACTING PRESIDENT MAYER:   Read the 

13    last section.

14                 THE SECRETARY:   Section 20.  This 

15    act shall take effect immediately.

16                 ACTING PRESIDENT MAYER:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT MAYER:   Announce 

20    the results.

21                 THE SECRETARY:   In relation to 

22    Calendar 1510, voting in the negative:  

23    Senator Walczyk.

24                 Ayes, 59.  Nays, 1.

25                 ACTING PRESIDENT MAYER:   The bill 


                                                               7643

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    1581, Senate Print 10321, by Senator Bynoe, an 

 4    act authorizing the assessor of the County of 

 5    Nassau to accept from the Town of Hempstead an 

 6    application for exemption from real property 

 7    taxes.

 8                 ACTING PRESIDENT MAYER:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 2.  This 

11    act shall take effect immediately.  

12                 ACTING PRESIDENT MAYER:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT MAYER:   Announce 

16    the results.

17                 THE SECRETARY:   In relation to 

18    Calendar 1581, voting in the negative are 

19    Senators Skoufis and O'Mara.

20                 Ayes, 58.  Nays, 2.

21                 ACTING PRESIDENT MAYER:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    1613, Senate Print 4602B, by Senator Gounardes, 

25    an act to amend the Election Law.


                                                               7644

 1                 SENATOR LANZA:   Lay it aside.  

 2                 ACTING PRESIDENT MAYER:   The bill 

 3    is laid aside.

 4                 THE SECRETARY:   Calendar Number 

 5    1635, Senate Print 8451B, by Senator Fahy, an act 

 6    to amend the General Business Law.  

 7                 SENATOR LANZA:   Lay it aside.

 8                 ACTING PRESIDENT MAYER:   The bill 

 9    is laid aside.

10                 Senator Gianaris.

11                 SENATOR GIANARIS:   Are we through 

12    the calendar, Madam President?

13                 ACTING PRESIDENT MAYER:   That 

14    completes the reading of today's calendar.  

15                 SENATOR GIANARIS:   Thank you.

16                 I believe Senator Gonzalez was out 

17    of the room when Calendar 854 came up, and she 

18    would like the opportunity to explain her vote on 

19    that, if we can recognize her, please.  

20                 ACTING PRESIDENT MAYER:   Senator 

21    Gonzalez to explain her vote on Calendar 854.

22                 SENATOR GONZALEZ:   Thank you, 

23    Madam President.  

24                 I rise today to explain my vote on 

25    my bill, S9051B.  


                                                               7645

 1                 A few weeks ago we were joined in 

 2    this chamber by Maria Raine, the mother of 

 3    Adam Raine, who committed suicide with the help 

 4    of ChatGPT.  She came to shine light on an issue 

 5    that is pervasive across the country.  

 6                 According to the Center for 

 7    Countering Digital Hate research, their Killer 

 8    Apps report found that eight in 10 AI chatbots 

 9    were regularly willing to assist young users in 

10    planning violent attacks, including school 

11    shootings, religious bombings, and high-profile 

12    assassinations.  

13                 Perplexity and Meta AI were willing 

14    to assist would-be attackers in 100 percent and 

15    97 percent of responses, respectively.  

16    Character.AI actively encouraged violence in 

17    multiple scenarios.  DeepSeek went as far as 

18    wishing the would-be attacker a happy and safe 

19    shooting.

20                 Over the last year we have seen an 

21    increase in the number of minors who have 

22    self-harmed or committed suicide with the help of 

23    these chatbots.  We have seen school shootings.  

24    We have seen the result of nonregulation.  

25                 And I am so proud to pass this bill 


                                                               7646

 1    through this chamber.  I want to thank our 

 2    colleagues for voting in support of this bill.  I 

 3    want to thank the Attorney General's office for 

 4    being a close sponsor and partner in this 

 5    process.  

 6                 I want to thank Commonsense Media, 

 7    which has represented thousands of parents across 

 8    this country.  

 9                 I want to thank of course my staff, 

10    Elon Silver, for the dedication on this bill.  

11                 And I truly am looking forward to 

12    building on this progress to say that Big Tech 

13    and chatbots should be regulated and certainly 

14    that our children should be protected.  

15                 So thank you again, Madam -- now 

16    Mr. President, for the time to explain my vote.  

17                 I proudly voted aye.  Thank you.

18                 ACTING PRESIDENT BAILEY:   Senator 

19    Gonzalez was recorded in the affirmative on the 

20    aforementioned bill.

21                 Senator Gianaris.  

22                 SENATOR GIANARIS:   Mr. President, 

23    we're now going to pull a bill off of the 

24    controversial calendar to take up our first 

25    debate of the day:  Calendar 1009, please.  


                                                               7647

 1                 ACTING PRESIDENT BAILEY:   The 

 2    Secretary will ring the bell.

 3                 The Secretary will read.

 4                 THE SECRETARY:   Calendar Number 

 5    1009, Senate Print 8616B, by Senator Gianaris, an 

 6    act to amend the General Business Law.

 7                 ACTING PRESIDENT BAILEY:   Senator 

 8    Walczyk, why do you rise?

 9                 SENATOR WALCZYK:   Through you, 

10    Mr. President, I wonder if the sponsor would 

11    yield.

12                 ACTING PRESIDENT BAILEY:   Will the 

13    sponsor yield?

14                 SENATOR GIANARIS:   Yes, I do.

15                 ACTING PRESIDENT BAILEY:   The 

16    sponsor yields.  

17                 SENATOR WALCZYK:   Through you, 

18    Mr. President.  

19                 In your legislative findings you 

20    identified dynamic pricing and surveillance 

21    pricing -- you identified dynamic and 

22    surveillance pricing as a problem for consumers, 

23    as well as identifying this pricing scheme as a 

24    threat to jobs in the State of New York.  

25                 This bill would prohibit 


                                                               7648

 1    grocery stores and pharmacies from using 

 2    electronic shelving labels.  Does it also ban 

 3    those for gas stations?

 4                 SENATOR GIANARIS:   No.

 5                 SENATOR WALCZYK:   And through you, 

 6    Mr. President, would the sponsor continue to 

 7    yield.

 8                 ACTING PRESIDENT BAILEY:   Will the 

 9    sponsor yield?

10                 SENATOR GIANARIS:   Yes.

11                 ACTING PRESIDENT BAILEY:   The 

12    sponsor yields.  

13                 SENATOR WALCZYK:   Through you, 

14    Mr. President.  Would it also prohibit them in 

15    department stores?

16                 SENATOR GIANARIS:   In -- I couldn't 

17    hear you.

18                 SENATOR WALCZYK:   Department 

19    stores?

20                 SENATOR GIANARIS:   No.

21                 SENATOR WALCZYK:   Through you, 

22    Mr. President, would the sponsor continue to 

23    yield?

24                 ACTING PRESIDENT BAILEY:   Will the 

25    sponsor yield?


                                                               7649

 1                 SENATOR GIANARIS:   Yes.

 2                 ACTING PRESIDENT BAILEY:   The 

 3    sponsor yields.

 4                 SENATOR WALCZYK:   Would the 

 5    electronic shelving labels also -- through you, 

 6    Mr. President -- also be banned in home 

 7    improvement stores?

 8                 SENATOR GIANARIS:   Well, it covers 

 9    a store over 10,000 square feet in size that 

10    sells primarily household foodstuff for outside 

11    consumption and/or prepared foods or 10 percent 

12    of the floor area dedicated to the sale of 

13    nontaxable merchandise including the sale of 

14    fresh produce, fish, poultry, deli products, 

15    dairy products, canned foods, dried foods, 

16    beverages, baked foods and/or prepared foods.  

17                 Also drug retail establishments, 

18    which means a retail store that sells a variety 

19    of prescription and nonprescription medicines and 

20    miscellaneous items such as drugs, 

21    pharmaceuticals, sundries, fresh produce, meats, 

22    poultry, fish, et cetera.  

23                 So I guess it depends, because a lot 

24    of these stores do many different things these 

25    days.


                                                               7650

 1                 SENATOR WALCZYK:   Through you, 

 2    Mr. President, will the sponsor continue to 

 3    yield? 

 4                 ACTING PRESIDENT BAILEY:   Will the 

 5    sponsor yield?

 6                 SENATOR GIANARIS:   Yes.

 7                 ACTING PRESIDENT BAILEY:   The 

 8    sponsor yields.

 9                 SENATOR WALCZYK:   Through you, 

10    Mr. President.  

11                 So that would be the food retail 

12    establishment as well as the drug retail 

13    establishment definitions that you just read.  

14    Why just grocery stores and pharmacies in the 

15    State of New York?  

16                 SENATOR GIANARIS:   Well, I think 

17    one thing we've heard from the public is that in 

18    their great concerns about affordability that 

19    we're dealing with, that grocery stores tend to 

20    be at the top of the list.  

21                 In addition, when we're talking 

22    about the kind of very large stores, right -- 

23    because you're talking about 10,000 square feet 

24    or more, not your corner grocery store -- those 

25    are the large entities that are most 


                                                               7651

 1    experimenting with the technology we're dealing 

 2    with in the bill.

 3                 SENATOR WALCZYK:   And through you, 

 4    Mr. President, would the sponsor continue to 

 5    yield?

 6                 ACTING PRESIDENT BAILEY:   Will the 

 7    sponsor yield?

 8                 SENATOR GIANARIS:   Yes.

 9                 ACTING PRESIDENT BAILEY:   The 

10    sponsor yields.  

11                 SENATOR WALCZYK:   Through you, 

12    Mr. President.  

13                 Did you know that the average 

14    grocery store is about 40,000 square feet?  So it 

15    would, actually, be the average grocery store -- 

16                 SENATOR GIANARIS:   Would you repeat 

17    that?  

18                 SENATOR WALCZYK:   Did you know the 

19    average grocery store is about 40,000 square 

20    feet?

21                 SENATOR GIANARIS:   I do not know 

22    that.  And I don't take your word for it, 

23    Senator Walczyk.  

24                 SENATOR WALCZYK:   And through you, 

25    Mr. President, would the sponsor continue to 


                                                               7652

 1    yield?

 2                 ACTING PRESIDENT BAILEY:   Will the 

 3    sponsor yield? 

 4                 SENATOR GIANARIS:   Yes.

 5                 ACTING PRESIDENT BAILEY:   The 

 6    sponsor yields.

 7                 SENATOR WALCZYK:   If enacted, all 

 8    the grocery stores and pharmacies would have to 

 9    go back to paper tags if they did currently have 

10    the digital tags for pricing.  Within six months, 

11    if this is enacted, is that correct?

12                 SENATOR GIANARIS:   Yeah, and let me 

13    just go back to the previous question.  I also 

14    suppose it depends where you are.  Because in 

15    New York City, 40,000 square feet for a grocery 

16    store is a very large grocery store.

17                 But yes, you are correct in your 

18    question.  

19                 SENATOR WALCZYK:   And through you, 

20    Mr. President, would the sponsor continue to 

21    yield?

22                 ACTING PRESIDENT BAILEY:   Will the 

23    sponsor yield?

24                 SENATOR GIANARIS:   Yes.

25                 ACTING PRESIDENT BAILEY:   The 


                                                               7653

 1    sponsor yields.

 2                 SENATOR WALCZYK:   Through you, 

 3    Mr. President.  

 4                 I also share concerns, as I know 

 5    much of this body does, about the pricing and 

 6    affordability in grocery stores.  If we're 

 7    expecting them to change out all of their tags 

 8    and do pricing in a new way, what do you 

 9    anticipate that will cost grocery stores and 

10    pharmacies across the State of New York if this 

11    is implemented?

12                 SENATOR GIANARIS:   Walk to a shelf, 

13    remove a device, and put a piece of paper in its 

14    place?  I can't imagine that it would be terribly 

15    expensive for these very large stores we're 

16    talking about.

17                 SENATOR WALCZYK:   And through you, 

18    Mr. President, would the sponsor continue to 

19    yield?

20                 ACTING PRESIDENT BAILEY:   Will the 

21    sponsor yield?

22                 SENATOR GIANARIS:   Yes.

23                 ACTING PRESIDENT BAILEY:   The 

24    sponsor yields.  

25                 SENATOR WALCZYK:   Through you, 


                                                               7654

 1    Mr. President.  

 2                 I know much of your concern in 

 3    consumer protection was about dynamic pricing, 

 4    surge pricing, and individual sort of privacy in 

 5    pricing.  

 6                 What if the displays are electronic 

 7    but just static and there's no application of 

 8    that actual surge pricing or any of those 

 9    concerns?  Would a grocery store or a pharmacy be 

10    able to continue to have an electric tag that 

11    just displays that price statically?

12                 SENATOR GIANARIS:   You mean like 

13    the one you're wearing on your lapel?

14                 SENATOR WALCZYK:   Like that.

15                 SENATOR GIANARIS:   Like that?  No, 

16    they would not.  And I'll tell you why.  

17                 Because the concern is once 

18    technology like that is in place, it's very 

19    difficult to know whether it is in fact static or 

20    not.  And the best way to ensure that we're not 

21    getting to the point that the technology is being 

22    used for surveillance pricing -- which we 

23    certainly want to not allow -- is to not allow 

24    that technology in place at all.  

25                 Like I don't know right now if that 


                                                               7655

 1    thing's capable of scanning the back of 

 2    Senator Borrello's head and telling you all sorts 

 3    of his private information that could be 

 4    downloaded publicly.  

 5                 SENATOR WALCZYK:   And through you, 

 6    Mr. President, would the sponsor continue to 

 7    yield?

 8                 ACTING PRESIDENT BAILEY:   Will the 

 9    sponsor yield?

10                 SENATOR GIANARIS:   Yes.

11                 ACTING PRESIDENT BAILEY:   The 

12    sponsor yields.

13                 SENATOR WALCZYK:   Through you, 

14    Mr. President.  I certainly hope not.  

15                 But as you mention, you know, and 

16    this has come up in the online sphere, we've 

17    taken up legislation in this chamber addressing 

18    some of that dynamic or surveillance pricing in 

19    the online sphere.  

20                 Are there any examples in the State 

21    of New York in grocery stores or pharmacies where 

22    brick-and-mortar stores have been found to be 

23    using dynamic surge or surveillance pricing?  

24                 SENATOR GIANARIS:   Well, I mean, 

25    what we do know is that Walmart is rolling out 


                                                               7656

 1    the digital shelf labels in over 2,000 locations.  

 2                 And they have also applied for two 

 3    patents related to machine learning that 

 4    certainly would raise a flag for me that they may 

 5    be interested in going down this road and using 

 6    these devices for the kind of things we're not 

 7    trying to allow.  In fact, the promotional 

 8    materials for the entities and the companies that 

 9    make the electronic shelf labels specifically 

10    promote the fact that they can be used for the 

11    types of things we're trying to prohibit.  

12                 And so I think getting at the 

13    device, the makers of which are explicitly saying 

14    can be used for surveillance pricing, is the 

15    easiest way to ensure proper enforcement.  

16                 SENATOR WALCZYK:   And through you, 

17    Mr. President, would the sponsor continue to 

18    yield?  

19                 ACTING PRESIDENT BAILEY:   Will the 

20    sponsor yield?

21                 SENATOR GIANARIS:   Yes.

22                 ACTING PRESIDENT BAILEY:   The 

23    sponsor yields.

24                 SENATOR WALCZYK:   And through you, 

25    Mr. President.  In Nevada and Colorado where they 


                                                               7657

 1    both have seated Attorney Generals that happen to 

 2    be Democrats, they've used electronic pricing in 

 3    stores to actually use that data to go after 

 4    price gouging and price surging.  

 5                 Are we taking that tool away from 

 6    the Attorney General's office when we take 

 7    electronic price tags out of the stores and 

 8    making it more onerous for them to investigate if 

 9    this bill goes through?

10                 SENATOR GIANARIS:   Not according to 

11    our Attorney General, who has made this bill and 

12    one other her top legislative priorities as we 

13    conclude the session.

14                 SENATOR WALCZYK:   Thank you, 

15    Mr. President.

16                 ACTING PRESIDENT BAILEY:   Thank 

17    you, Senator Walczyk.

18                 Are there any other Senators wishing 

19    to be heard?

20                 Seeing and hearing none, debate is 

21    closed.  

22                 Senator Gianaris.

23                 SENATOR GIANARIS:   Mr. President, 

24    we've agreed to restore this to the 

25    noncontroversial calendar.  


                                                               7658

 1                 ACTING PRESIDENT BAILEY:   On 

 2    consent, the bill is restored to the 

 3    noncontroversial calendar.

 4                 Read the last section.

 5                 THE SECRETARY:   Section 7.  This 

 6    act shall take effect on the 180th day after it 

 7    shall have become a law.

 8                 ACTING PRESIDENT BAILEY:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT BAILEY:   Senator 

12    Borrello to explain his vote.

13                 SENATOR BORRELLO:   Thank you, 

14    Mr. President.

15                 I wanted to just take a moment to 

16    say that, you know, I understand the, you know, 

17    kind of the Big Brother aspect of this.  But the 

18    reality is it is becoming more and more difficult 

19    to run a brick-and-mortar business in New York 

20    State.  And that's who this is going to impact 

21    most.  

22                 The whole idea of being able to, on 

23    the fly, be able to change the price 

24    electronically, versus having to -- doing it 

25    manually, has actually turned out to be better 


                                                               7659

 1    for consumers.  Studies have shown, extensive 

 2    studies, that this has actually provided more 

 3    discounts to consumers, and the nimbleness of 

 4    being able to change that.

 5                 So I understand the fear, but the 

 6    reality just doesn't match the fear.  And 

 7    ultimately we are watching our communities, our 

 8    downtowns, lose more and more brick-and-mortar 

 9    businesses.  They employ people.  They pay 

10    property taxes.  They are members of our 

11    community that contribute.  

12                 And things like this that can make 

13    it a little bit easier to do business in New York 

14    State are usually, and in my opinion always, a 

15    good thing.  And they should have the freedom to 

16    do that and not continue to make it more and more 

17    difficult to not only do business here, but to be 

18    able to provide affordable items to people.  

19                 So I'll be voting no on this, and I 

20    would encourage my colleagues to do the same.

21                 Thank you, Mr. President.  

22                 ACTING PRESIDENT BAILEY:   Senator 

23    Borrello to be recorded in the negative.  

24                 Senator Walczyk to explain his vote.

25                 SENATOR WALCZYK:   Thank you, 


                                                               7660

 1    Mr. President.  

 2                 Yeah, I share some of the concerns 

 3    of the sponsor when it comes to price gouging, 

 4    price surging.  Obviously we want to manage 

 5    New York State in a fair way and protect our 

 6    consumers because we are concerned about high 

 7    prices in groceries.  

 8                 And I'm concerned that this bill, 

 9    the way that it's written right now, will really 

10    just raise prices and create one more hurdle for 

11    New York State's businesses when it comes to your 

12    average grocery store, your average pharmacy, 

13    your community pharmacy, who have instituted 

14    these tools to save costs for their business and 

15    now we're going to tear them away and in six 

16    months time frame expect them to do their 

17    business the old way and an entirely new way 

18    after they've invested in some of the technology.

19                 So I think there's some changes that 

20    should be considered if we bring this bill back 

21    forward.  But I'll be a no.  

22                 Thank you, Mr. President.

23                 ACTING PRESIDENT BAILEY:   Senator 

24    Walczyk to be recorded in the negative.

25                 Announce the results.


                                                               7661

 1                 THE SECRETARY:   In relation to 

 2    Calendar 1009, voting in the negative are --

 3                 ACTING PRESIDENT BAILEY:   Wait, I'm 

 4    sorry.  I'm sorry, I apologize.  

 5                 Senator Gianaris to explain his 

 6    vote.  

 7                 SENATOR GIANARIS:   Thank you.  I 

 8    just wanted to -- I heard my colleagues' 

 9    arguments, and I wanted to respond for a moment.  

10                 The notion that getting rid of the 

11    device who's designed to allow increasing in 

12    prices would somehow result in an increase in 

13    prices is an oxymoron.  I mean, the -- if you 

14    look at Toshiba, IBM, Vusion and SOLUM, who 

15    market these products to retail stores, what they 

16    specifically tell them is that the popularity of 

17    these ESLs, or electronic shelf labels, is from 

18    retailers who are looking for ways to improve 

19    their profitability and have prices that 

20    dynamically change any time you want.  That's a 

21    quote from Toshiba, which makes these things.  

22                 IBM, electronic shelf labels.  If 

23    need be, you can drive prices up in order to 

24    maximize margins.  That's in their marketing 

25    materials to retail establishments.  


                                                               7662

 1                 So we can talk about the technology  

 2    and whether it does the facial scans, which is a 

 3    completely creepy and scary thing.  But let's be 

 4    clear, even the simple -- the digital price tags 

 5    themselves are specifically designed to allow a 

 6    retailer to increase prices and maximize their 

 7    profit on the back of consumers.  

 8                 That's why this is so important.  

 9                 I vote yes, Mr. President.

10                 ACTING PRESIDENT BAILEY:   Senator 

11    Gianaris to be recorded in the affirmative.  

12                 Announce the results.  

13                 THE SECRETARY:   In relation to 

14    Calendar 1009, voting in the negative are 

15    Senators Gallivan, Helming, O'Mara, Ortt, Stec, 

16    Tedisco, Walczyk, Weber and Weik.  Also 

17    Senator Borrello.  

18                 Ayes, 50.  Nays, 10.

19                 ACTING PRESIDENT BAILEY:   The bill 

20    is passed.

21                 Senator Gianaris.

22                 SENATOR GIANARIS:   Mr. President, 

23    we have another member who missed the chance to 

24    explain their vote.  So please call on 

25    Senator Fernandez to explain her vote on 


                                                               7663

 1    Calendar 1400.

 2                 ACTING PRESIDENT BAILEY:   Senator 

 3    Fernandez to explain her vote on Calendar 1400.

 4                 SENATOR FERNANDEZ:   Thank you so 

 5    much.  And apologies for my absence before.  But 

 6    I wanted to speak to explain my vote on S9278A, 

 7    which makes a simple but critical, important 

 8    clarification.  

 9                 Any interest earned on opioid -- on 

10    money deposited into the Opioid Settlement Fund 

11    must remain in that fund and be used for the same 

12    lifesaving purposes for which the settlement 

13    dollars were intended.  

14                 New York and local governments 

15    secured opioid settlement agreements from the 

16    manufacturers, distributors and retailers that 

17    helped fuel this epidemic because communities 

18    suffered profound harm.  Families lost loved 

19    ones, children lost parents, entire neighborhoods 

20    were devastated by addiction, overdose and the 

21    lasting consequences of this public health 

22    crisis.  

23                 The purpose of these funds is to 

24    help right that wrong through prevention, 

25    treatment, recovery, harm reduction and support 


                                                               7664

 1    for those impacted by the opioid epidemic.  

 2                 The bill recognizes a basic idea:  

 3    If the principal belongs to the Opioid Settlement 

 4    Fund, the interest generated by that principal 

 5    should belong there as well.  

 6                 Some may ask why we need this 

 7    clarification.  Unfortunately, recent events in 

 8    Nassau County, where more than 13 million in 

 9    interest on opioid settlement funds were 

10    transferred to the General Fund, have shown us 

11    exactly why this bill is so important.  

12    Regardless of one's views on whoever is involved, 

13    the situation exposed a loophole.  While many 

14    people assumed that interest earnings would 

15    automatically remain dedicated to the opioid 

16    abatement, there was no clear statutory 

17    requirement ensuring that outcome.  

18                 As a result, millions of dollars 

19    that originated from the settlement funds 

20    intended to address addiction became subject to 

21    competing budget priorities.  This is exactly the 

22    kind of ambiguity that this legislation resolves.

23                 At a time when communities across 

24    New York continue to confront addiction, 

25    fentanyl-related deaths, and the ongoing need for 


                                                               7665

 1    treatment and recovery, services should be 

 2    maximizing every available resource, not creating 

 3    opportunities for those resources to be 

 4    diminished. 

 5                 I urge my colleagues -- thank you 

 6    for voting yes, because I assume it passed.  But 

 7    let's ensure that every dollar intended to combat 

 8    the opioid epidemic, including every dollar in 

 9    interest earned, remains dedicated to that 

10    mission.  

11                 Thank you so much for this 

12    opportunity, and I vote aye.

13                 ACTING PRESIDENT BAILEY:   Senator 

14    Fernandez to be recorded in the affirmative on 

15    the aforementioned bill.

16                 Senator Gianaris.

17                 SENATOR GIANARIS:   Mr. President, 

18    let's take up the supplemental calendar at this 

19    time.

20                 ACTING PRESIDENT BAILEY:   There are 

21    substitutions at the desk.  

22                 The Secretary will read.

23                 THE SECRETARY:   Senator Cleare 

24    moves to discharge, from the Committee on 

25    Finance, Assembly Bill Number 4195A and 


                                                               7666

 1    substitute it for the identical Senate Bill 118A, 

 2    Third Reading Calendar 1697.  

 3                 Senator Parker moves to discharge, 

 4    from the Committee on Rules, Assembly Bill 

 5    Number 5404C and substitute it for the identical 

 6    Senate Bill 1335C, Third Reading Calendar 1701.  

 7                 Senator Kavanagh moves to discharge, 

 8    from the Committee on Finance, Assembly Bill 

 9    Number 1191B and substitute it for the identical 

10    Senate Bill 1455B, Third Reading Calendar 1702.

11                 Senator Comrie moves to discharge, 

12    from the Committee on Transportation, 

13    Assembly Bill Number 1673 and substitute it for 

14    the identical Senate Bill 4230, Third Reading 

15    Calendar 1705.

16                 Senator Fahy moves to discharge, 

17    from the Committee on Finance, Assembly Bill 

18    Number 38 and substitute it for the identical 

19    Senate Bill 4593, Third Reading Calendar 1707.

20                 Senator Jackson moves to discharge, 

21    from the Committee on Finance, Assembly Bill 

22    Number 9665 and substitute it for the identical 

23    Senate Bill 4894, Third Reading Calendar 1708.

24                 Senator Cleare moves to discharge, 

25    from the Committee on Aging, Assembly Bill 


                                                               7667

 1    Number 3602 and substitute it for the identical 

 2    Senate Bill 6043, Third Reading Calendar 1712.  

 3                 Senator Scarcella-Spanton moves to 

 4    discharge, from the Committee on Finance, 

 5    Assembly Bill Number 8482A and substitute it for 

 6    the identical Senate Bill 6376A, Third Reading 

 7    Calendar 1713.

 8                 Senator Cleare moves to discharge, 

 9    from the Committee on Consumer Protection, 

10    Assembly Bill Number 10137 and substitute it for 

11    the identical Senate Bill 7585A, Third Reading 

12    Calendar 1716.

13                 Senator Ryan moves to discharge, 

14    from the Committee on Finance, Assembly Bill 

15    Number 9162A and substitute it for the identical 

16    Senate Bill 7633B, Third Reading Calendar 1717.

17                 Senator Cleare moves to discharge, 

18    from the Committee on Rules, Assembly Bill 

19    Number 3598 and substitute it for the identical 

20    Senate Bill 7819, Third Reading Calendar 1719.

21                 Senator Walczyk moves to discharge, 

22    from the Committee on Investigations and 

23    Government Operations, Assembly Bill Number 8143A 

24    and substitute it for the identical Senate Bill 

25    7867A, Third Reading Calendar 1720.


                                                               7668

 1                 Senator Comrie moves to discharge, 

 2    from the Committee on Rules, Assembly Bill 

 3    Number 8638B and substitute it for the identical 

 4    Senate Bill 8015B, Third Reading Calendar 1721.

 5                 Senator Brisport moves to discharge, 

 6    from the Committee on Children and Families, 

 7    Assembly Bill Number 8248A and substitute it for 

 8    the identical Senate Bill 8205A, Third Reading 

 9    Calendar 1722.

10                 Senator Hinchey moves to discharge, 

11    from the Committee on Codes, Assembly Bill 

12    Number 8022A and substitute it for the identical 

13    Senate Bill 8217B, Third Reading Calendar 1723.

14                 Senator Comrie moves to discharge, 

15    from the Committee on Codes, Assembly Bill 

16    Number 8675C and substitute it for the identical 

17    Senate Bill 8302D, Third Reading Calendar 1729.

18                 Senator Cleare moves to discharge, 

19    from the Committee on Finance, Assembly Bill 

20    Number 9058A and substitute it for the identical 

21    Senate Bill 8472A, Third Reading Calendar 1734.

22                 Senator Rivera moves to discharge, 

23    from the Committee on Rules, Assembly Bill 

24    Number 10576 and substitute it for the identical 

25    Senate Bill 8838A, Third Reading Calendar 1735.


                                                               7669

 1                 Senator Harckham moves to discharge, 

 2    from the Committee on Rules, Assembly Bill 

 3    Number 11030A and substitute it for the identical 

 4    Senate Bill 8865A, Third Reading Calendar 1737.

 5                 Senator Griffo moves to discharge, 

 6    from the Committee on Finance, Assembly Bill 

 7    Number 10263A and substitute it for the identical 

 8    Senate Bill 9068A, Third Reading Calendar 1740.

 9                 Senator Ryan moves to discharge, 

10    from the Committee on Finance, Assembly Bill 

11    Number 9001 and substitute it for the identical 

12    Senate Bill 9221, Third Reading Calendar 1742.

13                 Senator Palumbo moves to discharge, 

14    from the Committee on Rules, Assembly Bill 

15    Number 10478 and substitute it for the identical 

16    Senate Bill 9363, Third Reading Calendar 1744.

17                 Senator Rolison moves to discharge, 

18    from the Committee on Rules, Assembly Bill 

19    Number 10391 and substitute it for the identical 

20    Senate Bill 9453, Third Reading Calendar 1746.

21                 Senator Gounardes moves to 

22    discharge, from the Committee on Internet and 

23    Technology, Assembly Bill Number 5175A and 

24    substitute it for the identical Senate Bill 9508, 

25    Third Reading Calendar 1747.


                                                               7670

 1                 Senator Cleare moves to discharge, 

 2    from the Committee on Rules, Assembly Bill 

 3    Number 8313B and substitute it for the identical 

 4    Senate Bill 9723A, Third Reading Calendar 1752.

 5                 Senator Scarcella-Spanton moves to 

 6    discharge, from the Committee on Finance, 

 7    Assembly Bill Number 8061 and substitute it for 

 8    the identical Senate Bill 9940, Third Reading 

 9    Calendar 1758. 

10                 Senator Gianaris moves to discharge, 

11    from the Committee on Rules, Assembly Bill 

12    Number 11199A and substitute it for the identical 

13    Senate Bill 10079, Third Reading Calendar 1761.

14                 Senator Fernandez moves to 

15    discharge, from the Committee on Rules, 

16    Assembly Bill Number 11180B and substitute it for 

17    the identical Senate Bill 10156B, Third Reading 

18    Calendar 1763.

19                 Senator Skoufis moves to discharge, 

20    from the Committee on Rules, Assembly Bill 

21    Number 11437 and substitute it for the identical 

22    Senate Bill 10172, Third Reading Calendar 1764. 

23                 Senator Palumbo moves to discharge, 

24    from the Committee on Rules, Assembly Bill 

25    Number 11532 and substitute it for the identical 


                                                               7671

 1    Senate Bill Number 10614, Third Reading Calendar 

 2    1774.

 3                 Senator Gonzalez moves to discharge, 

 4    from the Committee on Rules, Assembly Bill 

 5    Number 11540 and substitute it for the identical 

 6    Senate Bill 10616, Third Reading Calendar 1775.

 7                 Senator Baskin moves to discharge, 

 8    from the Committee on Rules, Assembly Bill 

 9    Number 11547 and substitute it for the identical 

10    Senate Bill 10628, Third Reading Calendar 1779.

11                 Senator Jackson moves to discharge, 

12    from the Committee on Rules, Assembly Bill 

13    Number 11534 and substitute it for the identical 

14    Senate Bill 10629, Third Reading Calendar 1780.

15                 Senator Gounardes moves to 

16    discharge, from the Committee on Rules, 

17    Assembly Bill Number 11555 and substitute it for 

18    the identical Senate Bill Number 10636, 

19    Third Reading Calendar 1783.

20                 Senator Gianaris moves to discharge, 

21    from the Committee on Rules, Assembly Bill 

22    Number 11558 and substitute it for the identical 

23    Senate Bill 10640, Third Reading Calendar 1785.

24                 Senator Comrie moves to discharge, 

25    from the Committee on Rules, Assembly Bill 


                                                               7672

 1    Number 11559 and substitute it for the identical 

 2    Senate Bill 10641, Third Reading Calendar 1786.

 3                 Senator Gonzalez moves to discharge, 

 4    from the Committee on Rules, Assembly Bill 

 5    Number 11560 and substitute it for the identical 

 6    Senate Bill 10642, Third Reading Calendar 1787.

 7                 Senator Stewart-Cousins moves to 

 8    discharge, from the Committee on Rules, 

 9    Assembly Bill Number 11561 and substitute it for 

10    the identical Senate Bill 10644, Third Reading 

11    Calendar Bill Number 1788.

12                 ACTING PRESIDENT BAILEY:   

13    Substitutions so ordered.

14                 The Secretary will read Senate 

15    Supplemental Calendar 63A.

16                 THE SECRETARY:   Calendar Number 

17    1696, Senate Print 82B, by Senator Liu, an act to 

18    amend the Education Law.

19                 ACTING PRESIDENT BAILEY:   Read the 

20    last section.

21                 THE SECRETARY:   Section 3.  This 

22    act shall take effect on the first of July.

23                 ACTING PRESIDENT BAILEY:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               7673

 1                 ACTING PRESIDENT BAILEY:   Announce 

 2    the results.

 3                 THE SECRETARY:   Ayes, 60.

 4                 ACTING PRESIDENT BAILEY:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    1697, Assembly Bill Number 4195A, by 

 8    Assemblymember Hyndman, an act to amend the 

 9    Elder Law.

10                 ACTING PRESIDENT BAILEY:   Read the 

11    last section.

12                 THE SECRETARY:   Section 2.  This 

13    act shall take effect one day after it shall have 

14    become a law.

15                 ACTING PRESIDENT BAILEY:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT BAILEY:   Announce 

19    the results.

20                 THE SECRETARY:   Ayes, 60.

21                 ACTING PRESIDENT BAILEY:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    1698, Senate Print 845A, by Senator Salazar, an 

25    act to amend the Public Health Law.


                                                               7674

 1                 ACTING PRESIDENT BAILEY:   Read the 

 2    last section.  

 3                 THE SECRETARY:   Section 3.  This 

 4    act shall take effect immediately.

 5                 ACTING PRESIDENT BAILEY:   Call the 

 6    roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT BAILEY:   Announce 

 9    the results.

10                 THE SECRETARY:   In relation to 

11    Calendar 1698, voting in the negative are 

12    Senators Ashby, Baskin, Canzoneri-Fitzpatrick, 

13    Chan, Gallivan, Griffo, Lanza, Martins, 

14    Mattera -- pardon me, Senator Bynoe.

15                 In relation to Calendar 1698, voting 

16    in the negative are Senators Ashby, Baskin, 

17    Bynoe, Canzoneri-Fitzpatrick, Chan, Gallivan, 

18    Griffo, Lanza, Martins, Mattera, Borrello, 

19    Oberacker, O'Mara, Ortt, Palumbo, Rhoads, 

20    Tedisco, Walczyk, Weber and Weik.

21                 Ayes, 40.  Nays, 20.

22                 ACTING PRESIDENT BAILEY:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 

25    1699, Senate Print 1004B, by Senator Brouk, an 


                                                               7675

 1    act to amend the Criminal Procedure Law.

 2                 ACTING PRESIDENT BAILEY:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 14.  This 

 5    act shall take effect on the 90th day after it 

 6    shall have become a law.

 7                 ACTING PRESIDENT BAILEY:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT BAILEY:   Announce 

11    the results.  

12                 THE SECRETARY:   In relation to 

13    Calendar 1699, voting in the negative are 

14    Senators Borrello, Canzoneri-Fitzpatrick, Chan, 

15    Gallivan, Griffo, Helming, Lanza, O'Mara, Ortt, 

16    Palumbo, Rhoads, Rolison, Tedisco and Weik.

17                 Ayes, 46.  Nays, 14.

18                 ACTING PRESIDENT BAILEY:   The bill 

19    is passed.  

20                 THE SECRETARY:   Calendar Number 

21    1700, Senate Print 1086D, by Senator Rivera, an 

22    act to amend the Civil Rights Law.  

23                 SENATOR GIANARIS:   Lay it aside for 

24    the day.

25                 ACTING PRESIDENT BAILEY:   The bill 


                                                               7676

 1    will be laid aside for the day.

 2                 THE SECRETARY:   Calendar Number 

 3    1701, Assembly Bill Number 5404C, by 

 4    Assemblymember Stern, an act to amend the 

 5    General Municipal Law.

 6                 ACTING PRESIDENT BAILEY:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 2.  This 

 9    act shall take effect immediately.

10                 ACTING PRESIDENT BAILEY:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT BAILEY:   Announce 

14    the results.  

15                 THE SECRETARY:   In relation to 

16    Calendar 1701, voting in the negative are 

17    Senators Borrello, Chan, Griffo, Helming, Lanza, 

18    Mattera, Oberacker, O'Mara, Ortt, Stec, Tedisco, 

19    Walczyk and Weik.

20                 Ayes, 57.  Nays, 13.

21                 ACTING PRESIDENT BAILEY:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    1702, Assembly Bill Number 1191B, by 

25    Assemblymember Bores, an act to amend the 


                                                               7677

 1    Executive Law.

 2                 ACTING PRESIDENT BAILEY:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 3.  This 

 5    act shall take effect immediately.

 6                 ACTING PRESIDENT BAILEY:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT BAILEY:   Announce 

10    the results.

11                 THE SECRETARY:   In relation to 

12    Calendar 1702, voting in the negative are 

13    Senators Ashby, Borrello, Canzoneri-Fitzpatrick, 

14    Chan, Gallivan, Griffo, Helming, Lanza, Mattera, 

15    Murray, Oberacker, O'Mara, Ortt, Palumbo, Rhoads, 

16    Stec, Tedisco, Walczyk, Weber and Weik.

17                 Ayes, 40.  Nays, 20.

18                 ACTING PRESIDENT BAILEY:   The bill 

19    is passed.  

20                 THE SECRETARY:   Calendar Number 

21    1703, Senate Print 1511A, by Senator Liu, an act 

22    to amend the Vehicle and Traffic Law.

23                 ACTING PRESIDENT BAILEY:   Read the 

24    last section.  

25                 THE SECRETARY:   Section 3.  This 


                                                               7678

 1    act shall take effect on the 180th day after it 

 2    shall have become a law.

 3                 ACTING PRESIDENT BAILEY:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT BAILEY:   Announce 

 7    the results.

 8                 THE SECRETARY:   In relation 

 9    Calendar 1703, voting in the negative:  

10    Senator Walczyk.

11                 Ayes, 59.  Nays, 1.

12                 ACTING PRESIDENT BAILEY:   The bill 

13    is passed.  

14                 THE SECRETARY:   Calendar Number 

15    1704, Senate Print 3622, by Senator Ortt, an act 

16    to amend the Highway Law.

17                 ACTING PRESIDENT BAILEY:   Read the 

18    last section.

19                 THE SECRETARY:   Section 3.  This 

20    act shall take effect immediately.

21                 ACTING PRESIDENT BAILEY:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT BAILEY:   Announce 

25    the results.


                                                               7679

 1                 THE SECRETARY:   Ayes, 60.

 2                 ACTING PRESIDENT BAILEY:   The bill 

 3    is passed.  

 4                 THE SECRETARY:   Calendar Number 

 5    1705, Assembly Bill Number 1673, by 

 6    Assemblymember Weprin, an act to amend the 

 7    Vehicle and Traffic Law.

 8                 ACTING PRESIDENT BAILEY:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 2.  This 

11    act shall take effect immediately on the first of 

12    November.  

13                 ACTING PRESIDENT BAILEY:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT BAILEY:   Announce 

17    the results.

18                 THE SECRETARY:   In relation to 

19    Calendar 1705, voting in the negative are 

20    Senators Gallivan, Helming and Walczyk.

21                 Ayes, 57.  Nays, 3.

22                 ACTING PRESIDENT BAILEY:   The bill 

23    is passed.  

24                 There's a substitution at the desk.  

25                 The Secretary will read.


                                                               7680

 1                 THE SECRETARY:   Senator Comrie 

 2    moves to discharge, from the Committee on Rules, 

 3    Assembly Bill Number 4619B and substitute it for 

 4    the identical Senate Bill 4527B, Third Reading 

 5    Calendar 1706.

 6                 ACTING PRESIDENT BAILEY:   The 

 7    substitution is so ordered.

 8                 The Secretary will read.

 9                 THE SECRETARY:   Calendar Number 

10    1706, Assembly Bill Number 4619B, by 

11    Assemblymember Solages, an act to amend the 

12    Tax Law.

13                 ACTING PRESIDENT BAILEY:   Read the 

14    last section.

15                 THE SECRETARY:   Section 2.  This 

16    act shall take effect immediately.

17                 ACTING PRESIDENT BAILEY:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT BAILEY:   Announce 

21    the results.

22                 THE SECRETARY:   In relation to 

23    Calendar 1706, voting in the negative are 

24    Senators Griffo, Krueger and May.

25                 Ayes, 57.  Nays, 3.  


                                                               7681

 1                 Oh, excuse me, also Senator Hinchey.

 2                 Ayes, 56 -- also Senator Fahy.  

 3                 Ayes, 55.  Nays, 5.

 4                 ACTING PRESIDENT BAILEY:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Also Senator 

 7    Mattera.  

 8                 Ayes, 54.  Nays, 6. 

 9                 ACTING PRESIDENT BAILEY:   The bill 

10    is passed.

11                 THE SECRETARY:   Also Senator 

12    Murray.  

13                 Ayes, 53.  Nays, 7.

14                 (Laughter.)

15                 ACTING PRESIDENT BAILEY:   The bill 

16    remains passed.

17                 THE SECRETARY:   Calendar Number 

18    1707, Assembly Bill Number 38, by 

19    Assemblymember Burdick, an act in relation to 

20    directing the New York State Department of Labor 

21    to establish a voluntary training and 

22    certification program.  

23                 ACTING PRESIDENT BAILEY:   Read the 

24    last section.

25                 THE SECRETARY:   Section 2.  This 


                                                               7682

 1    act shall take effect on the 90th day after it 

 2    shall have become a law.

 3                 ACTING PRESIDENT BAILEY:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT BAILEY:   Announce 

 7    the results.

 8                 THE SECRETARY:   Ayes, 60.

 9                 ACTING PRESIDENT BAILEY:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    1708, Assembly Bill Number 9665, by 

13    Assemblymember Cashman, an act to repeal 

14    paragraph (g) of Subdivision 4 of Section 209 of 

15    the Civil Service Law.

16                 ACTING PRESIDENT BAILEY:   Read the 

17    last section.

18                 THE SECRETARY:   Section 2.  This 

19    act shall take effect immediately.  

20                 ACTING PRESIDENT BAILEY:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT BAILEY:   Announce 

24    the results.

25                 THE SECRETARY:   Ayes, 60.


                                                               7683

 1                 ACTING PRESIDENT BAILEY:   The bill 

 2    is passed.  

 3                 THE SECRETARY:   Calendar Number 

 4    1709, Senate Print 5711C, by Senator Skoufis, 

 5    Concurrent Resolution of the Senate and Assembly 

 6    proposing amendments to Section 21 of Article 6, 

 7    Article 13, and Section 6 of Article 4 of the 

 8    Constitution.

 9                 ACTING PRESIDENT BAILEY:   Call the 

10    roll on the resolution.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT BAILEY:   Senator 

13    Skoufis to explain his vote on the resolution.

14                 SENATOR SKOUFIS:   Thank you very 

15    much, Mr. President.  

16                 I want to thank my colleagues for 

17    their support, if they're supporting this.  And I 

18    appreciate the vigorous debate that we've had on 

19    generally this issue over the last several years.  

20                 This constitutional amendment is 

21    important because it finishes the job, or seeks 

22    to finish the job that we started several years 

23    ago.  We were constitutionally constrained from 

24    moving a number of offices statutorily, and those 

25    include, for example, county clerk, sheriff, DAs, 


                                                               7684

 1    judicial offices, cities, among a couple of 

 2    others.  We moved everything that we could 

 3    statutorily, but those were some that we could 

 4    not.  

 5                 And so this constitutional amendment 

 6    seeks to transition the balance of those offices 

 7    and ensure that outside of New York City we do 

 8    have a full transition from odd- to even-year 

 9    election cycles when far, far more voters are 

10    engaged and cast a ballot and will have a say in 

11    who their local town supervisors are, county 

12    executives are, county legislators are, town 

13    councilmembers are, and a host of other very 

14    important local officeholders.  

15                 And importantly, I want to thank the 

16    Majority Leader as well as a number of others who 

17    helped put together and advance this bill, 

18    including the Board of Elections, the 

19    Attorney General, the Assembly Speaker and 

20    Assemblyman Jonathan Jacobson, who have been very 

21    engaged on this issue.  And I hope that they move 

22    forward with this bill over the next however 

23    many, 24 hours or so.  

24                 But this is good for democracy.  And 

25    importantly, we don't materialize the savings 


                                                               7685

 1    that we talked about three years ago without 

 2    doing this.  And this was raised three years ago 

 3    in our debate, that we would have these 

 4    outstanding offices still on the ballot without 

 5    or absent a constitutional amendment.  Odd-year 

 6    elections would still have to be administered 

 7    without this constitutional amendment.  

 8                 This amendment will save hundreds of 

 9    millions of dollars every couple of years on 

10    odd-year cycles throughout the state.  

11                 For that and many other reasons, I 

12    vote yes.  Thank you.  

13                 ACTING PRESIDENT BAILEY:   Senator 

14    Skoufis to be recorded in the affirmative.  

15                 Senator Martins to explain his vote.

16                 SENATOR MARTINS:   Thank you, 

17    Mr. President.  

18                 You know, it should not come as a 

19    surprise to anyone in the chamber once again that 

20    the legislation excludes almost half the State of 

21    New York, by population, by excluding the largest 

22    city in the State of New York, the nearly 

23    9 million people who live in the great City of 

24    New York.

25                 Now, if you look at the statistics, 


                                                               7686

 1    Mr. President, you'll see -- and I'm sure 

 2    everyone here recognizes it.  If we have an area 

 3    of this state where the population has 

 4    consistently not come out to vote, where there is 

 5    a need for engagement and to encourage people to 

 6    vote, it's precisely in the City of New York, and 

 7    they've been excluded.  

 8                 What it does is it does provide all 

 9    of our local communities, villages and towns and 

10    counties, with influences far beyond the local 

11    issues that have historically been those that 

12    drive local elections.  And I think, 

13    Mr. President, obviously that was done with a 

14    purpose in order to undermine those local 

15    communities.  And that should also be clear.  

16                 Regardless of what the rhetoric is 

17    here, it's a bad bill.  It continues to be a bad 

18    bill.  And I'll continue to be voting no.

19                 ACTING PRESIDENT BAILEY:   Senator 

20    Martins to be recorded in the negative.

21                 Senator Rhoads to explain his vote.

22                 SENATOR RHOADS:   Thank you, 

23    Mr. President.  

24                 And to follow Senator Martins' 

25    eloquent points, I do recall, as being one of the 


                                                               7687

 1    Senators who debated that original bill three 

 2    years ago, that one point that was raised was the 

 3    fact that the City of New York was excluded.  And 

 4    the explanation that we were given from the other 

 5    side of the chamber was that we needed a 

 6    constitutional amendment in order to be able to 

 7    include the City of New York.

 8                 Well, here today we have that 

 9    constitutional amendment.  We're going through 

10    the process.  We're inconveniencing the rest of 

11    the entire state.  Yet somehow the City of 

12    New York is still not included in the 

13    constitutional amendment.  

14                 Mr. President, this is a sham.  It's 

15    been a sham since the beginning.  I am voting no.

16                 ACTING PRESIDENT BAILEY:   Senator 

17    Rhoads to be recorded in the negative.

18                 Senator Murray to explain his vote.

19                 SENATOR MURRAY:   Thank you, 

20    Mr. President.  

21                 As my colleagues have pointed out 

22    the obvious, this is nothing but political.  I 

23    mean, when we hear that it's going to save money, 

24    well, that's wonderful.  Because all of a sudden 

25    money is important.  


                                                               7688

 1                 It wasn't important when we wanted 

 2    to have pop-up election sites which would 

 3    increase costs, printing of all the ballots and 

 4    things like this.  There's even a bill that would 

 5    now make all election commissioners full-time, 

 6    even in counties where they're really not 

 7    necessary.  Which would, again, increase costs.  

 8                 But all of a sudden, this will save 

 9    money.

10                 As has been pointed out, it was 

11    interesting that New York City was excluded.  And 

12    the excuse was, well, it's constitutional.  Well, 

13    we're certainly changing the Constitution now.  

14    So it actually did go before the voters in 

15    New York City, who said no, overwhelmingly.  No, 

16    we don't want it.  But yet we're still going to 

17    ram it down the throat of the rest of the state.  

18    And it's completely political.

19                 Here's the thing.  Voters have the 

20    choice.  There's nothing different in the process 

21    of voting in an odd year as opposed to an even 

22    year.  It is the exact same process.  The voters 

23    can go to the polls if they want.  Nothing is 

24    keeping them from going to the polls in an odd 

25    year or an even year.  


                                                               7689

 1                 So the thought that we're doing it 

 2    to increase participation -- look, it's up to the 

 3    voters.  If they want to participate, nothing's 

 4    holding them back now.  

 5                 This is nothing but politics at its 

 6    worst, just like the redistricting we've talked 

 7    about and everything else.  More and more of just 

 8    bad politics.  

 9                 So I'll be voting no, Mr. President.

10                 ACTING PRESIDENT BAILEY:   Senator 

11    Murray to be recorded in the negative.  

12                 Senator Canzoneri-Fitzpatrick to 

13    explain her vote.

14                 SENATOR CANZONERI-FITZPATRICK:   

15    Thank you, Mr. President.  

16                 You've heard from my other 

17    colleagues about the fact that this bill is not a 

18    good thing for voters.  Certainly in my area, 

19    where the ballot will now be even longer, there 

20    will be so many open positions on one ballot that 

21    our voters will never make it to the end of the 

22    ballot because there's just too many.  

23                 And those are things that I think 

24    will discourage people from coming out and 

25    voting -- the exact opposite intent of what we 


                                                               7690

 1    want to do.  We want people to come out and vote.  

 2                 So I'll be also voting in the 

 3    negative.  Thank you, Mr. President.  

 4                 ACTING PRESIDENT BAILEY:   Senator 

 5    Canzoneri-Fitzpatrick to be recorded in the 

 6    negative.

 7                 Announce the results.

 8                 THE SECRETARY:   In relation to 

 9    Calendar --

10                 ACTING PRESIDENT BAILEY:   Excuse 

11    me, I'm sorry.  Senator Ryan to explain his vote.

12                 SENATOR RYAN:   Yes, I just want to 

13    say -- I just want to comment on it.  

14                 One thing that was said is that it 

15    will save hundreds of millions of dollars.  We 

16    hear a lot about unfunded mandates and unfunded 

17    mandates and unfunded mandates.  So as somebody 

18    who came from town government and county 

19    government, this is what I would like to refer 

20    to, sometimes we do, as a reverse unfunded 

21    mandate.  

22                 So I'll be in the affirmative.

23                 Thank you.

24                 ACTING PRESIDENT BAILEY:   Senator 

25    Ryan to be recorded in the affirmative.


                                                               7691

 1                 Senator Weik to explain her vote.

 2                 SENATOR WEIK:   Thank you, 

 3    Mr. President.

 4                 I'm kind of confused by this bill 

 5    because we spent so much time passing bills and 

 6    spending money to make voting easier at every 

 7    expense, and yet this bill will create a ballot 

 8    that is pages long that is bound to deter people 

 9    from going out to vote.  

10                 It's just a terrible idea, and it's 

11    counterproductive to everything that this 

12    Majority has done, and so I'm a no.

13                 ACTING PRESIDENT BAILEY:   Senator 

14    Weik to be recorded in the negative.

15                 Announce the results.

16                 THE SECRETARY:   In relation to 

17    Calendar 1709, voting in the negative are 

18    Senators Ashby, Borrello, Canzoneri-Fitzpatrick, 

19    Chan, Gallivan, Griffo, Helming, Lanza, Martins, 

20    Mattera, Murray, Oberacker, O'Mara, Ortt, 

21    Palumbo, Rhoads, Rolison, Stec, Tedisco, Walczyk, 

22    Weber and Weik.

23                 Ayes, 38.  Nays, 22.

24                 ACTING PRESIDENT BAILEY:   The bill 

25    is passed.


                                                               7692

 1                 THE SECRETARY:   Calendar Number 

 2    1710, Senate Print 5754B, by Senator Martinez, an 

 3    act to amend the Retirement and Social Security 

 4    Law.

 5                 ACTING PRESIDENT BAILEY:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 6.  This 

 8    act shall take effect immediately.

 9                 ACTING PRESIDENT BAILEY:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 THE SECRETARY:   Ayes, 60.

13                 ACTING PRESIDENT BAILEY:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    1711, Senate Print 6008B, by Senator Baskin, an 

17    act to amend the Highway Law.

18                 ACTING PRESIDENT BAILEY:   Read the 

19    last section.

20                 THE SECRETARY:   Section 3.  This 

21    act shall take effect immediately.

22                 ACTING PRESIDENT BAILEY:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT BAILEY:   Announce 


                                                               7693

 1    the results.

 2                 THE SECRETARY:   Ayes, 60.

 3                 ACTING PRESIDENT BAILEY:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    1712, Assembly Bill Number 3602, by 

 7    Assemblymember Seawright, an act to amend the 

 8    Elder Law.

 9                 ACTING PRESIDENT BAILEY:   Read the 

10    last section.

11                 THE SECRETARY:   Section 3.  This 

12    act shall take effect immediately.

13                 ACTING PRESIDENT BAILEY:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT BAILEY:   Announce 

17    the results.

18                 THE SECRETARY:   Ayes, 60.

19                 ACTING PRESIDENT BAILEY:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    1713, Assembly Bill Number 8482A, by 

23    Assemblymember Cruz, an act to amend the Workers' 

24    Compensation Law.

25                 ACTING PRESIDENT BAILEY:   Read the 


                                                               7694

 1    last section.

 2                 THE SECRETARY:   Section 2.  This 

 3    act shall take effect immediately.

 4                 ACTING PRESIDENT BAILEY:   Call the 

 5    roll.  

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT BAILEY:   Announce 

 8    the results.

 9                 THE SECRETARY:   Ayes, 60.

10                 ACTING PRESIDENT BAILEY:   The bill 

11    is passed.

12                 Senator Gianaris.

13                 SENATOR GIANARIS:   Mr. President, I 

14    just want to clarify on 1710 that we did have a 

15    home-rule message on that bill, from what I 

16    understand.  

17                 ACTING PRESIDENT BAILEY:   There is 

18    a home-rule message at the desk in relation to 

19    Calendar 1710.  

20                 Do we need me to reread that last 

21    section?

22                 SENATOR GIANARIS:   No.

23                 ACTING PRESIDENT BAILEY:   Okay, 

24    just to clarify.  Excellent.  

25                 The Secretary will read.


                                                               7695

 1                 THE SECRETARY:   Calendar Number 

 2    1714, Senate Print 6736A, by Senator Fahy, an act 

 3    to amend the Social Services Law.  

 4                 ACTING PRESIDENT BAILEY:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 2.  This 

 7    act shall take effect on the first of April.

 8                 ACTING PRESIDENT BAILEY:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT BAILEY:   Senator 

12    Fahy to explain her vote.

13                 SENATOR FAHY:   Thank you, 

14    Mr. President.  I rise to vote aye on this bill.  

15                 Glioblastoma, many of us are 

16    familiar with it, is a highly aggressive brain 

17    cancer with very limited treatment options and 

18    very low survival rates.  

19                 This technology or this treatment, 

20    TTFields, is a wearable device, and it is the 

21    first therapy in over 10 years proven to increase 

22    survivability of newly diagnosed glioblastoma 

23    patients.  

24                 This bill will ensure that Medicaid 

25    patients have access to this FDA-approved, 


                                                               7696

 1    National Comprehensive Cancer Network-preferred 

 2    treatment, which closes a gap -- closes a 

 3    healthcare gap for some of the sickest, most 

 4    vulnerable New Yorkers.  

 5                 TTFields, again, this treatment 

 6    again is -- represents the most significant 

 7    advancement in over a decade.  It corrects a 

 8    critical inequity in healthcare by ensuring 

 9    Medicaid fee-for-service beneficiaries have equal 

10    access to this life-extending treatment.  

11                 It's endorsed by major cancer 

12    centers, medical societies, patient advocacy 

13    groups, and more.  

14                 I have to say, as somebody who has 

15    been all too familiar with cancer as -- in 

16    patients, we sought every treatment for my son to 

17    try to extend his life.  And I'm just deeply 

18    honored to be able to sponsor a treatment like 

19    this, a bill like this that may help extend other 

20    lives and address this glaring inequity in cancer 

21    care and Medicaid treatment for this, again, 

22    safe, effective and life-extending treatment.  

23                 And with that, Mr. President, I'm 

24    very honored to vote aye.  

25                 Thank you.


                                                               7697

 1                 ACTING PRESIDENT BAILEY:   Senator 

 2    Fahy to be recorded in the affirmative.

 3                 Announce the results.

 4                 THE SECRETARY:   Ayes, 60.

 5                 ACTING PRESIDENT BAILEY:   The bill 

 6    is passed.  

 7                 THE SECRETARY:   Calendar Number 

 8    1715, Senate Print 6983A, by Senator Brisport, an 

 9    act to amend the Public Health Law.

10                 ACTING PRESIDENT BAILEY:   Read the 

11    last section.

12                 THE SECRETARY:   Section 4.  This 

13    act shall take effect on the 180th day after it 

14    shall have become a law.

15                 ACTING PRESIDENT BAILEY:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT BAILEY:   Announce 

19    the results.

20                 THE SECRETARY:   In relation to 

21    Calendar 1715, voting in the negative are 

22    Senators Ashby, Borrello, Gallivan, Griffo, 

23    Rhoads, Stec, Walczyk and Weik.

24                 Ayes, 52.  Nays, 8.

25                 ACTING PRESIDENT BAILEY:   The bill 


                                                               7698

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    1716, Assembly Bill Number 10137, by 

 4    Assemblymember Wright, an act to amend the 

 5    General Business Law.

 6                 ACTING PRESIDENT BAILEY:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 2.  This 

 9    act shall take effect immediately.

10                 ACTING PRESIDENT BAILEY:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT BAILEY:   Announce 

14    the results.

15                 THE SECRETARY:   Ayes, 60.

16                 ACTING PRESIDENT BAILEY:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    1717, Assembly Bill Number 9162A, by 

20    Assemblymember Pheffer Amato, an act to amend 

21    the Retirement and Social Security Law.

22                 ACTING PRESIDENT BAILEY:   Read the 

23    last section.

24                 THE SECRETARY:   Section 2.  This 

25    act shall take effect immediately.


                                                               7699

 1                 ACTING PRESIDENT BAILEY:   Call the 

 2    roll.

 3                 (The Secretary called the roll.)

 4                 ACTING PRESIDENT BAILEY:   Senator 

 5    Ryan to explain his vote.

 6                 SENATOR RYAN:   Thank you, 

 7    Mr. President.  

 8                 So I'm going to rise in support of 

 9    this bill establishing a 25-year retirement for 

10    our 911 emergency communication personnel.  

11                 You know, when somebody calls 911, 

12    it's usually at the worst moments of their life.  

13    These professionals are the first point of 

14    contact.  Before a police officer arrives on the 

15    scene, before a firefighter reaches the scene, 

16    before an ambulance pulls up, a dispatcher is 

17    already hard at work.  They assess the 

18    emergencies, they gather critical information, 

19    direct resources, provide instructions.  

20                 That can't go unnoticed, and it's a 

21    terribly, terribly difficult job.  And all too 

22    often they are the true unsung heroes of all the 

23    emergencies.  So we rely on these operators to 

24    handle life-or-death situations 24 hours a day, 

25    seven days a week.


                                                               7700

 1                 So by creating an optional 25-year 

 2    retirement plan, we acknowledge that their career 

 3    and their hard work responding to emergencies 

 4    behind the headset -- it's an excruciatingly 

 5    difficult and demanding job, and we actually just 

 6    need to help them help recruit and retain 

 7    employees.

 8                 So I'm proudly going to vote in 

 9    favor of this, and I'll definitely want to give 

10    some acknowledgement to my partners who helped 

11    get this over the finish line -- obviously, the 

12    hardworking men and women of CSEA, DC 37, and 

13    AFSCME Council 66 and 82.       

14                 On behalf of these heroes that do 

15    this behind the scenes every day, I vote in the 

16    affirmative.  

17                 Thank you, Mr. President.  

18                 ACTING PRESIDENT BAILEY:   Senator 

19    Ryan to be recorded in the affirmative.

20                 Senator Rolison to explain his vote.

21                 SENATOR ROLISON:   Thank you, 

22    Mr. President.  

23                 I want to thank Senator Ryan for 

24    moving this bill forward.  

25                 And as I've said many times here on 


                                                               7701

 1    the floor, as a former cop, and starting in the 

 2    1980s, before there were 911 centers, we had to 

 3    rotate through what we called the front desk as 

 4    police officers when the police assistant was 

 5    off.  No one wanted to do that job because the 

 6    pressure was tremendous, with the amount of phone 

 7    calls, answering the radio, working on the 

 8    computer and doing all those other things.  

 9                 It has evolved tremendously over the 

10    years.  So last year, in the City of 

11    Poughkeepsie, they had 130,000 phone calls into 

12    their 911 center, 33,000 were for the police, 

13    6,000 were for fire, 9100 for EMS, and everything 

14    else was just people calling 911 who wanted to 

15    talk to the water department.  

16                 You know, the pressure that goes 

17    inside that job and that headset, as Senator Ryan 

18    said, is tremendous.  We owe this to them.  

19                 And, also too, Mr. President, 

20    everything in the public safety world generally 

21    starts with a phone call, and it starts with 

22    them.  

23                 I proudly vote aye.

24                 ACTING PRESIDENT BAILEY:   Senator 

25    Rolison to be recorded in the affirmative.


                                                               7702

 1                 Announce the results.

 2                 THE SECRETARY:   Ayes, 60.

 3                 ACTING PRESIDENT BAILEY:   The bill 

 4    is passed.  

 5                 THE SECRETARY:   Calendar Number 

 6    1718, Senate Print 7802A, by Senator Harckham, an 

 7    act to amend the Vehicle and Traffic Law.

 8                 ACTING PRESIDENT BAILEY:   There is 

 9    a home-rule message at the desk.

10                 Read the last section.

11                 THE SECRETARY:   Section 5.  This 

12    act shall take effect on the 90th day after it 

13    shall have become a law.

14                 ACTING PRESIDENT BAILEY:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT BAILEY:   Senator 

18    Harckham to explain his vote.

19                 SENATOR HARCKHAM:   Thank you very 

20    much, Mr. President.  

21                 I rise in support of Jake's Law.  I 

22    want to thank our Majority Leader for bringing 

23    this to the floor today.  

24                 You know, Jake Arcara was just an 

25    everyday guy.  Brought a smile to everybody's 


                                                               7703

 1    face, everybody loved him.  Grew up in the Town 

 2    of Yorktown, was engaged to be married to his 

 3    fiancee, Katie.  They were going to get married 

 4    in 2023.  

 5                 He was a four-year employee of the 

 6    Yorktown Highway Department, where his colleagues 

 7    described him as loyal, warmhearted, funny, 

 8    hardworking, and a genuine guy.

 9                 Tragically, Jake was killed on the 

10    job on September 14th, in 2022.  He was working a 

11    construction site when an out-of-control resident 

12    drove their vehicle through the warning flags and 

13    into Jake, killing him at the scene.

14                 This crash highlights the dangers 

15    faced by our local highway construction workers.  

16    And we've taken action in New York State, where 

17    we now have cameras along worksites, DOT, and the 

18    New York State Thruway.

19                 This legislation will create a 

20    first-of-its-kind program in New York State to 

21    allow the Town of Yorktown to work with DOT to 

22    establish a work-zone camera program at the local 

23    level in the Town of Yorktown, hopefully keeping 

24    other highway workers safe and holding drivers 

25    accountable who drive recklessly in work zones.  


                                                               7704

 1                 I want to thank Jake's mother, 

 2    Kelly Arcara, who's turned pain to purpose, who's 

 3    worked for a couple of years with us on this 

 4    bill.  She's come up to Albany to speak on this 

 5    bill.  

 6                 I want to thank Jake's colleagues at 

 7    the highway department, the Town of Yorktown, and 

 8    of course my friend over in the Assembly, 

 9    Assemblymember Matt Slater.  

10                 I think this is a bill that has 

11    potential to really impact not just the safety in 

12    the Town of Yorktown, but depending on how this 

13    project goes, in many more municipalities 

14    throughout the state.  

15                 For those reasons, I vote aye, 

16    Mr. President.  

17                 ACTING PRESIDENT BAILEY:   Senator 

18    Harckham to be recorded in the affirmative.

19                 Announce the results.  

20                 THE SECRETARY:   In relation to 

21    Calendar 1718, voting in the negative:  

22    Senator Lanza.

23                 Ayes, 59.  Nays, 1.

24                 ACTING PRESIDENT BAILEY:   The bill 

25    is passed.


                                                               7705

 1                 THE SECRETARY:   Calendar Number 

 2    1719, Assembly Bill Number 3598, by 

 3    Assemblymember Schiavoni, an act to amend the 

 4    Mental Hygiene Law.  

 5                 ACTING PRESIDENT BAILEY:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 3.  This 

 8    act shall take effect immediately.

 9                 ACTING PRESIDENT BAILEY:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT BAILEY:   Senator 

13    Palumbo to explain his vote.

14                 SENATOR PALUMBO:   Thank you, 

15    Mr. President.  

16                 I wanted to first thank 

17    Senator Cleare for bringing this to the floor.  

18    This is a bill that I had a couple of years ago, 

19    and Senator Cleare expressed an interest in 

20    fixing issues with the guardianship process, 

21    which she does in so many different bills. 

22                 So thank you for getting this to the 

23    finish line.  As you can hear from the 

24    substitution, it did pass the Assembly as well.

25                 What this bill does is it enacts 


                                                               7706

 1    Karilyn's Law, which fixes a very meaningful gap 

 2    in the guardianship law.  As people know, as you 

 3    all know, when someone's appointed by the court, 

 4    a guardian is appointed because of someone's age 

 5    or illness or disability, they take control of  

 6    all their financial and personal needs.  And 

 7    there are times -- most of the time, or 

 8    oftentimes, it's a complete stranger, or 

 9    sometimes it's a family member.  

10                 And with the family dynamics being 

11    what they are, individuals have no opportunity or 

12    they need to go through a very lengthy court 

13    process just to visit with their loved one.  And 

14    we know many, many stories.  When I drafted this 

15    bill initially, our office was inundated by 

16    people around the country who suffered from this.  

17                 We know there are issues with access 

18    to Wendy Williams.  We remember -- everyone 

19    remembers the radio host Casey Kasem, who didn't 

20    see his family for the last year and a half of 

21    his life.  There was no allegations of abuse of 

22    any kind, there was just a difference of 

23    personality.  

24                 What this does is allows a motion to 

25    be filed by order to show cause and a hearing 


                                                               7707

 1    within 10 days.  And it is presumed that you can 

 2    simply visit with your loved one.  Believe it or 

 3    not, that is a huge problem and issue in the 

 4    guardianship process.  And it can be supervised 

 5    or otherwise, just as if you would visit a child.  

 6    You want to visit your sick or ailing mother or 

 7    grandparent, you can see them.  That's what this 

 8    does.  

 9                 And it's named after 

10    Karilyn Montanti, where this issue arose and was 

11    brought to my attention by her daughter 

12    Christine.  

13                 So thank you so much for bringing 

14    this to the floor, Senator Cleare.  I greatly 

15    appreciate you moving this to the finish line and 

16    playing quarterback.  

17                 I proudly vote aye, and I urge my 

18    colleagues to do the same.

19                 ACTING PRESIDENT BAILEY:   Senator 

20    Palumbo to be recorded in the affirmative.

21                 Announce the results.

22                 THE SECRETARY:   Ayes, 60.

23                 ACTING PRESIDENT BAILEY:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               7708

 1    1720, Assembly Bill Number 8143A, by 

 2    Assemblymember Barclay, an act to amend the 

 3    Tax Law.

 4                 ACTING PRESIDENT BAILEY:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 2.  This 

 7    act shall take effect on the first of January.  

 8                 ACTING PRESIDENT BAILEY:   Call the 

 9    roll.  

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT BAILEY:   Announce 

12    the results.

13                 THE SECRETARY:   In relation to 

14    Calendar 1720, voting in the negative:  

15    Senator Skoufis.  Also Senator Martinez.  Also 

16    Senator Canzoneri-Fitzpatrick.  

17                 (Pause.)

18                 ACTING PRESIDENT BAILEY:   Announce 

19    the results.

20                 THE SECRETARY:   In relation to 

21    Calendar 1720, voting in the negative are 

22    Senators Canzoneri-Fitzpatrick, Lanza, Martinez, 

23    Scarcella-Spanton and Skoufis.  

24                 Ayes, 55.  Nays, 5.

25                 ACTING PRESIDENT BAILEY:   The bill 


                                                               7709

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    1721, Assembly Bill Number 8638B, by 

 4    Assemblymember Kim, an act to amend the 

 5    General Business Law.

 6                 ACTING PRESIDENT BAILEY:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 2.  This 

 9    act shall take effect immediately.

10                 ACTING PRESIDENT BAILEY:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT BAILEY:   Announce 

14    the results.

15                 THE SECRETARY:   In relation to 

16    Calendar 1721, voting in the negative:  

17    Senator Skoufis.

18                 Ayes, 59.  Nays, 1.

19                 ACTING PRESIDENT BAILEY:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    1722, Assembly Bill Number 8248A, by 

23    Assemblymember Hevesi, an act to amend the 

24    Social Services Law.  

25                 ACTING PRESIDENT MAYER:   Read the 


                                                               7710

 1    last section.

 2                 THE SECRETARY:   Section 6.  This 

 3    act shall take effect on the 30th day after it 

 4    shall have become a law.

 5                 ACTING PRESIDENT MAYER:   Call the 

 6    roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT MAYER:   Announce 

 9    the results.  

10                 THE SECRETARY:   Ayes, 60.

11                 ACTING PRESIDENT MAYER:   The bill 

12    is passed.

13                 THE SECRETARY:   Oh, excuse me.  In 

14    relation to Calendar 1722, voting in the 

15    negative:  Senator Walczyk.  

16                 Ayes, 59.  Nays, 1.

17                 ACTING PRESIDENT MAYER:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    1723, Assembly Bill Number 8022A, by 

21    Assemblymember Steck, an act to amend the 

22    Criminal Procedure Law.

23                 ACTING PRESIDENT MAYER:   Read the 

24    last section.

25                 THE SECRETARY:   Section 2.  This 


                                                               7711

 1    act shall take effect immediately.

 2                 ACTING PRESIDENT MAYER:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)  

 5                 ACTING PRESIDENT MAYER:   Announce 

 6    the results.

 7                 THE SECRETARY:   Ayes, 60.

 8                 ACTING PRESIDENT MAYER:   The bill 

 9    is passed.  

10                 THE SECRETARY:   Calendar Number 

11    1724, Senate Print 8237, by Senator Parker, an 

12    act to amend the Public Authorities Law.

13                 ACTING PRESIDENT MAYER:   Read the 

14    last section.

15                 THE SECRETARY:   Section 5.  This 

16    act shall take effect immediately.

17                 ACTING PRESIDENT MAYER:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT MAYER:   Announce 

21    the results.  

22                 THE SECRETARY:   In relation to 

23    Calendar 1724, voting in the negative are 

24    Senators Borrello, Canzoneri-Fitzpatrick, Chan, 

25    Helming, Lanza, Martins, Mattera, Murray, O'Mara, 


                                                               7712

 1    Ortt, Tedisco, Walczyk and Weik.  

 2                 Ayes, 47.  Nays, 13.

 3                 ACTING PRESIDENT MAYER:   The bill 

 4    is passed.  

 5                 THE SECRETARY:   Calendar Number 

 6    1725, Senate Print 8239, by Senator Ramos, an act 

 7    to amend the Labor Law.

 8                 ACTING PRESIDENT MAYER:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 2.  This 

11    act shall take effect immediately.

12                 ACTING PRESIDENT MAYER:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT MAYER:   Announce 

16    the results.  

17                 THE SECRETARY:   Ayes, 60.

18                 ACTING PRESIDENT MAYER:   The bill 

19    is passed.

20                 ACTING PRESIDENT MAYER:   Calendar 

21    Number 1726, Senate Print 8240, by Senator Ramos, 

22    an act to amend the Workers' Compensation Law.

23                 ACTING PRESIDENT MAYER:   Read the 

24    last section.  

25                 THE SECRETARY:   Section 16.  This 


                                                               7713

 1    act shall take effect immediately.

 2                 ACTING PRESIDENT MAYER:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)  

 5                 ACTING PRESIDENT MAYER:   Announce 

 6    the results.

 7                 THE SECRETARY:   In relation to 

 8    Calendar 1726, voting in the negative are 

 9    Senators Canzoneri-Fitzpatrick, Palumbo, Rhoads 

10    and Walczyk.

11                 Ayes, 56.  Nays, 4.

12                 ACTING PRESIDENT MAYER:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    1727, Senate Print 8246, by Senator Myrie, an act 

16    to amend the State Finance Law.

17                 ACTING PRESIDENT MAYER:   Read the 

18    last section.

19                 THE SECRETARY:   Section 3.  This 

20    act shall take effect immediately.

21                 ACTING PRESIDENT MAYER:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT MAYER:   Announce 

25    the results.


                                                               7714

 1                 THE SECRETARY:   In relation to 

 2    Calendar 1727, voting in the negative:  

 3    Senator Walczyk.

 4                 Ayes, 59.  Nays, 1.

 5                 ACTING PRESIDENT MAYER:   The bill 

 6    is passed.  

 7                 THE SECRETARY:   Calendar Number 

 8    1728, Senate Print 8253, by Senator Brisport, an 

 9    act to amend the Abandoned Property Law.

10                 ACTING PRESIDENT MAYER:   Read the 

11    last section.

12                 THE SECRETARY:   Section 2.  This 

13    act shall take effect immediately.

14                 ACTING PRESIDENT MAYER:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT MAYER:   Announce 

18    the results.

19                 THE SECRETARY:   Ayes, 60.

20                 ACTING PRESIDENT MAYER:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    1729, Assembly Bill Number 8675C, by 

24    Assemblymember Braunstein, an act to amend the 

25    Penal Law.


                                                               7715

 1                 ACTING PRESIDENT MAYER:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 11.  This 

 4    act shall take effect on the 90th day after it 

 5    shall have become a law.

 6                 ACTING PRESIDENT MAYER:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT MAYER:   Announce 

10    the results.  

11                 THE SECRETARY:   In relation to 

12    Calendar 1729, voting in the negative are 

13    Senators Brisport and Gonzalez.

14                 Ayes, 58.  Nays, 2.

15                 ACTING PRESIDENT MAYER:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    1730, Senate Print 8364, by Senator Webb, an act 

19    to amend the Education Law.

20                 ACTING PRESIDENT MAYER:   Read the 

21    last section.

22                 THE SECRETARY:   Section 3.  This 

23    act shall take effect on the 180th day after it 

24    shall have become a law.

25                 ACTING PRESIDENT MAYER:   Call the 


                                                               7716

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT MAYER:   Announce 

 4    the results.  

 5                 THE SECRETARY:   In relation to 

 6    Calendar 1730, voting in the negative are 

 7    Senators Martinez and Skoufis.

 8                 Ayes, 58.  Nays -- pardon me.

 9                 In relation to Calendar 1730, voting 

10    in the negative are Senators Martinez and 

11    Walczyk.

12                 Ayes, 58.  Nays, 2.

13                 ACTING PRESIDENT MAYER:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    1731, Senate Print 8385, by Senator Comrie, an 

17    act to amend the State Finance Law.  

18                 ACTING PRESIDENT MAYER:   Read the 

19    last section.

20                 THE SECRETARY:   Section 4.  This 

21    act shall take effect on the 60th day after it 

22    shall have become a law.

23                 ACTING PRESIDENT MAYER:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               7717

 1                 ACTING PRESIDENT MAYER:   Announce 

 2    the results.

 3                 THE SECRETARY:   Ayes, 60.

 4                 ACTING PRESIDENT MAYER:   The bill 

 5    is passed.  

 6                 THE SECRETARY:   Calendar Number 

 7    1732, Senate Print 8407, by Senator Fahy, an act 

 8    to amend the Social Services Law.

 9                 ACTING PRESIDENT MAYER:   Read the 

10    last section.

11                 THE SECRETARY:   Section 2.  This 

12    act shall take effect immediately.

13                 ACTING PRESIDENT MAYER:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT MAYER:   Announce 

17    the results.

18                 THE SECRETARY:   Ayes, 60.

19                 ACTING PRESIDENT MAYER:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    1733, Senate Print 8410, by Senator Comrie, an 

23    act to amend the Vehicle and Traffic Law.

24                 ACTING PRESIDENT MAYER:   Read the 

25    last section.


                                                               7718

 1                 THE SECRETARY:   Section 2.  This 

 2    act shall take effect immediately.

 3                 ACTING PRESIDENT MAYER:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT MAYER:   Announce 

 7    the results.

 8                 THE SECRETARY:   Ayes, 60.

 9                 ACTING PRESIDENT MAYER:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    1734, Assembly Bill Number 9058A, by 

13    Assemblymember Wright, an act to amend the 

14    Administrative Code of the City of New York.

15                 ACTING PRESIDENT MAYER:   Read the 

16    last section.

17                 THE SECRETARY:   Section 4.  This 

18    act shall take effect on the 90th day after it 

19    shall have become a law.

20                 ACTING PRESIDENT MAYER:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT MAYER:   Announce 

24    the results.  

25                 THE SECRETARY:   In relation to 


                                                               7719

 1    Calendar 1734, voting in the negative are 

 2    Senators O'Mara, Ortt, Rhoads and Weik.

 3                 Ayes, 56.  Nays, 4.

 4                 ACTING PRESIDENT MAYER:   The bill 

 5    is passed.  

 6                 THE SECRETARY:   Calendar Number 

 7    1735, Assembly Bill Number 10576, by 

 8    Assemblymember Lucas, an act to amend the 

 9    Social Services Law.

10                 ACTING PRESIDENT MAYER:   Read the 

11    last section.

12                 THE SECRETARY:   Section 2.  This 

13    act shall take effect on the 90th day after it 

14    shall have become a law.

15                 ACTING PRESIDENT MAYER:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT MAYER:   Announce 

19    the results.

20                 THE SECRETARY:   Ayes, 60.

21                 ACTING PRESIDENT MAYER:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    1736, Senate Print 8852C, by Senator Harckham, an 

25    act in relation to authorizing the County of 


                                                               7720

 1    Putnam to lease certain lands used as parklands.

 2                 ACTING PRESIDENT MAYER:   There's a 

 3    home-rule message at the desk.

 4                 Read the last section.

 5                 THE SECRETARY:   Section 6.  This 

 6    act shall take effect immediately.

 7                 ACTING PRESIDENT MAYER:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT MAYER:   Announce 

11    the results.

12                 THE SECRETARY:   Ayes, 60.

13                 ACTING PRESIDENT MAYER:   The bill 

14    is passed.  

15                 THE SECRETARY:   Calendar Number 

16    1737, Assembly Bill Number 11030A, by 

17    Assemblymember Levenberg, an act to amend the 

18    Public Health Law.

19                 ACTING PRESIDENT MAYER:   Read the 

20    last section.

21                 THE SECRETARY:   Section 2.  This 

22    act shall take effect on the 90th day after it 

23    shall have become a law.

24                 ACTING PRESIDENT MAYER:   Call the 

25    roll.


                                                               7721

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT MAYER:   Announce 

 3    the results.  

 4                 THE SECRETARY:   In relation to 

 5    Calendar 1737, voting in the negative:  

 6    Senator Walczyk.

 7                 Ayes, 59.  Nays, 1.

 8                 ACTING PRESIDENT MAYER:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    1738, Senate Print 8926, by Senator Ryan, an act 

12    to amend the Public Authorities Law.

13                 ACTING PRESIDENT MAYER:   Read the 

14    last section.

15                 THE SECRETARY:   Section 2.  This 

16    act shall take effect on the 120th day after it 

17    shall have become a law.

18                 ACTING PRESIDENT MAYER:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT MAYER:   Announce 

22    the results.  

23                 THE SECRETARY:   In relation to 

24    Calendar 1738, voting in the negative are 

25    Senators Helming, Krueger, Rhoads, Walczyk and 


                                                               7722

 1    Weik.

 2                 Ayes, 55.  Nays, 5.

 3                 ACTING PRESIDENT MAYER:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    1739, Senate Print 8965, by Senator Hinchey, an 

 7    act to amend the Public Health Law.

 8                 ACTING PRESIDENT MAYER:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 9.  This 

11    act shall take effect 18 months after it shall 

12    have become a law.

13                 ACTING PRESIDENT MAYER:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT MAYER:   Announce 

17    the results.

18                 THE SECRETARY:   In relation to 

19    Calendar 1739, voting in the negative are 

20    Senators Ashby, Borrello, Canzoneri-Fitzpatrick, 

21    Chan, Gallivan, Griffo, Helming, Lanza, Martins, 

22    Mattera, Murray, Oberacker, O'Mara, Ortt, 

23    Palumbo, Rhoads, Rolison, Stec, Tedisco, Walczyk, 

24    Weber and Weik. 

25                 Ayes, 38.  Nays, 22.


                                                               7723

 1                 ACTING PRESIDENT MAYER:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    1740, Assembly Bill Number 10263A, by 

 5    Assemblymember Buttenschon, an act to amend the 

 6    Retirement and Social Security Law.  

 7                 ACTING PRESIDENT MAYER:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 2.  This 

10    act shall take effect immediately.

11                 ACTING PRESIDENT MAYER:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT MAYER:   Announce 

15    the results.

16                 THE SECRETARY:   Ayes, 60.

17                 ACTING PRESIDENT MAYER:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    1741, Senate Print 9138, by Senator Palumbo, an 

21    act relating to a death benefit option for the 

22    beneficiary of Justice Jerry Garguilo.

23                 ACTING PRESIDENT MAYER:   Read the 

24    last section.

25                 THE SECRETARY:   Section 5.  This 


                                                               7724

 1    act shall take effect immediately.

 2                 ACTING PRESIDENT MAYER:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT MAYER:   Senator 

 6    Palumbo to explain his vote.

 7                 SENATOR PALUMBO:   Thank you, 

 8    Madam President.  

 9                 I just rise briefly to explain the 

10    life of Judge Garguilo, who was beloved by 

11    everyone.  

12                 He was a lawyer's lawyer when he 

13    practiced.  And Judge Garguilo became a 

14    Supreme Court judge and, because of his skill as 

15    a lawyer, presided over the most complex cases -- 

16    brain-damaged baby cases, asbestos cases.  

17                 And then he presided over the opioid 

18    litigation.  He was the coordinating judge.  For 

19    those of you who don't know, you have a 

20    coordinated practice or coordinated judge so that 

21    all venues don't have inconsistent decisions and 

22    they all go to one judge.  

23                 So as a reminder, the opioid 

24    litigation in the State of New York, which 

25    resulted in billions of dollars recovered in the 


                                                               7725

 1    settlements, it involved 62 counties; 10 cities, 

 2    including New York City; 67 smaller municipal 

 3    corporations, townships, villages, judges, 

 4    eventually the State of New York.  

 5                 The named defendants were 

 6    manufacturers, distributors, large retail 

 7    pharmacies.  Forty defendants were named.  At 

 8    times there were participating lawyers exceeding 

 9    100.  

10                 They converted Touro Law School to a 

11    courtroom.  There were over 350 written decisions 

12    and directives, and it involved 357 motion 

13    sequences.  

14                 So Judge Garguilo was this 

15    coordinating judge, and as the litigation was 

16    winding down, he did not want to dump this on his 

17    colleagues.  So as a result of his dedication to 

18    the State of New York, to the practice of law, 

19    and his colleagues on the judiciary, he hung 

20    around and was certificated twice, and was 

21    retiring this past December.  

22                 Very sadly, Judge Garguilo 

23    unexpectedly, in September of 2025, passed away.  

24                 So we've had many of these, as we 

25    call, death gamble bills that have come through 


                                                               7726

 1    this house.  But the only reason why Judge 

 2    Garguilo was not with his feet up by the pool was 

 3    as a result of that opioid litigation, and he 

 4    wanted to see it through to the end, which 

 5    thankfully he did.  

 6                 So I proudly vote aye, 

 7    Madam President, and I urge my colleagues to do 

 8    the same.

 9                 ACTING PRESIDENT MAYER:   Senator 

10    Palumbo to be recorded in the affirmative.

11                 Senator Mattera to explain his vote.

12                 SENATOR MATTERA:   Thank you, 

13    Madam President.  

14                 I just want to thank my colleague 

15    Senator Palumbo for this very, very special bill 

16    for a very, very special person, a special judge.  

17    He was the People's Judge, and he passed away 

18    sitting on the bench.  He passed away.  

19                 His family, everybody misses him.  

20    He's the type of salt-of-the-earth type of man.  

21    He was somebody that, in other words, you were in 

22    your town in St. James and you'd see him at your 

23    regular local stores, the restaurants, 7-11, and 

24    he would sit there and he was just a word of 

25    wisdom.  


                                                               7727

 1                 And he was definitely a mentor to 

 2    me, someone that swore me in in my office, and it 

 3    just meant so, so much to me.  And when he -- the 

 4    passing of him -- and we were all shocked and 

 5    we're still grieving over this, Madam President, 

 6    because he's the type of person that would have 

 7    been on TV, like a Judge Judy, that type of 

 8    person, that he's a caring type of person that 

 9    gives people breaks.  That's what Judge Garguilo 

10    is all about.  

11                 And what a family man, with him 

12    being with his wife and his daughters.  And 

13    Nicole Garguilo is very, very special to me and 

14    the Town of Smithtown in what she does.  

15                 But he's just a fixture, and his 

16    name will always be there.  It will be etched in 

17    stone in the great Town of Smithtown.  

18                 Thank you so much, and I proudly 

19    vote yes.  

20                 Thank you, Madam President.  

21                 ACTING PRESIDENT MAYER:   Senator 

22    Mattera to be recorded in the affirmative.

23                 Announce the results.  

24                 THE SECRETARY:   Ayes, 60.

25                 ACTING PRESIDENT MAYER:   The bill 


                                                               7728

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    1742, Assembly Bill Number 9001, by 

 4    Assemblymember Steck, an act to amend the 

 5    Mental Hygiene Law.

 6                 ACTING PRESIDENT MAYER:   Read the 

 7    last section.  

 8                 THE SECRETARY:   Section 2.  This 

 9    act shall take effect on the 180th day after it 

10    shall have become a law.

11                 ACTING PRESIDENT MAYER:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT MAYER:   Announce 

15    the results.

16                 THE SECRETARY:   Ayes, 60.

17                 ACTING PRESIDENT MAYER:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    1743, Senate Print 9287A, by Senator Hinchey, an 

21    act to amend the Real Property Tax Law.

22                 ACTING PRESIDENT MAYER:   Read the 

23    last section.

24                 THE SECRETARY:   Section 2.  This 

25    act shall take effect immediately.


                                                               7729

 1                 ACTING PRESIDENT MAYER:   Call the 

 2    roll.

 3                 (The Secretary called the roll.)

 4                 ACTING PRESIDENT MAYER:   Announce 

 5    the results.  

 6                 THE SECRETARY:   In relation to 

 7    Calendar 1743, voting in the negative are 

 8    Senators Borrello, Canzoneri-Fitzpatrick, Chan, 

 9    Gallivan, Griffo, Lanza, Martins, Oberacker, 

10    O'Mara, Tedisco and Weik.

11                 Ayes, 49.  Nays, 11.

12                 ACTING PRESIDENT MAYER:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    1744, Assembly Bill Number 10478, by 

16    Assemblymember Schiavoni, an act in relation to 

17    increasing the term of office from two years to 

18    four years for the Trustees of the Freeholders 

19    and Commonalty of the Town of Southampton.

20                 ACTING PRESIDENT MAYER:   Read the 

21    last section.

22                 THE SECRETARY:   Section 4.  This 

23    act shall take effect immediately.

24                 ACTING PRESIDENT MAYER:   Call the 

25    roll.


                                                               7730

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT MAYER:   Announce 

 3    the results.  

 4                 THE SECRETARY:   In relation to 

 5    Calendar 1744, voting in the negative are 

 6    Senators Ryan and Skoufis.

 7                 Ayes, 58.  Nays, 2.

 8                 ACTING PRESIDENT MAYER:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    1745, Senate Print 9441, by Senator Chan, an act 

12    to amend the Multiple Dwelling Law.

13                 ACTING PRESIDENT MAYER:   Read the 

14    last section.

15                 THE SECRETARY:   Section 2.  This 

16    act shall take effect on the first of January. 

17                 ACTING PRESIDENT MAYER:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT MAYER:   Senator 

21    Chan to explain his vote.

22                 SENATOR CHAN:   Thank you, 

23    Madam President.  

24                 So this bill was actually born from 

25    the great fire of the Chan household on 


                                                               7731

 1    Thanksgiving of 2025, as my colleagues have heard 

 2    this story many times and saw video clips of.  

 3                 So there I was, me and my daughter 

 4    were toasting some marshmallows by the oven, and 

 5    the torch that I was using caught fire and my 

 6    hand was engulfed in this fire.  

 7                 And I could have dropped the can of 

 8    gas on the floor, but my police experience tells 

 9    me that that can could have burst into flames.  

10    And my daughter was standing right there.  So I 

11    made a choice of holding onto that can with all 

12    my might and running it 6 seconds out my front 

13    door and dropped it on my front stoop.  

14                 Now, every -- I do have fire 

15    extinguishers on every floor in my house.  I 

16    didn't have time to grab it.  So eventually I did 

17    go in there and grab the fire extinguisher and 

18    put out that fire.  

19                 Now, my hand still bears the scars 

20    from seven months ago.  And I thought, you know, 

21    in case that can of gas would have dropped on my 

22    floor, that would have been the first time I 

23    needed that fire extinguisher.  

24                 Why doesn't every small apartment, 

25    small dwelling, one-, two-, three-family units 


                                                               7732

 1    have this fire extinguisher in there?  And I 

 2    realized that in the news every day I read about 

 3    small fires that -- where tenants ran out and 

 4    call 911 and it turned into a big fire.  I've 

 5    seen it as a cop as well.  

 6                 So I thought it might be a great 

 7    idea if we recruit and mobilize every tenant in 

 8    these apartments, small dwellings, as a 

 9    first-line firefighter.  One little fire 

10    extinguisher that costs $20 can save many, many 

11    lives down the road as well as property damage.  

12                 So that gave me a great idea.  I 

13    want to thank my colleagues for supporting this 

14    bill, and I urge everyone to vote up on it.  

15                 That's why I vote yes.  Thank you.  

16                 ACTING PRESIDENT MAYER:   Senator 

17    Chan to be recorded in the affirmative.

18                 Announce the results.

19                 THE SECRETARY:   Ayes, 60.

20                 ACTING PRESIDENT MAYER:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    1746, Assembly Bill Number 10391, by 

24    Assemblymember Jacobson, an act to amend the 

25    Vehicle and Traffic Law.  


                                                               7733

 1                 ACTING PRESIDENT MAYER:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 4.  This 

 4    act shall take effect on the 30th day after it 

 5    shall have become a law.  

 6                 ACTING PRESIDENT MAYER:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT MAYER:   Announce 

10    the results.

11                 THE SECRETARY:   Ayes, 60.

12                 ACTING PRESIDENT MAYER:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    1747, Assembly Bill Number 5175A, by 

16    Assemblymember Solages, an act to amend the 

17    General Business Law.  

18                 ACTING PRESIDENT MAYER:   Read the 

19    last section.

20                 THE SECRETARY:   Section 2.  This 

21    act shall take effect on the 90th day after it 

22    shall have become a law.

23                 ACTING PRESIDENT MAYER:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               7734

 1                 ACTING PRESIDENT MAYER:   Announce 

 2    the results.

 3                 THE SECRETARY:   Ayes, 60.

 4                 ACTING PRESIDENT MAYER:   The bill 

 5    is passed.  

 6                 THE SECRETARY:   Calendar Number 

 7    1748, Senate Print 9509, by Senator Ortt, an act 

 8    to amend the Highway Law.

 9                 ACTING PRESIDENT MAYER:   Read the 

10    last section.

11                 THE SECRETARY:   Section 3.  This 

12    act shall take effect immediately.

13                 ACTING PRESIDENT MAYER:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT MAYER:   Announce 

17    the results.

18                 THE SECRETARY:   Ayes, 60.

19                 ACTING PRESIDENT MAYER:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    1749, Senate Print 9606, by Senator Ortt, an act 

23    to amend subpart H of Part C of Chapter 20 of the 

24    Laws of 2015.

25                 ACTING PRESIDENT MAYER:   Read the 


                                                               7735

 1    last section.

 2                 THE SECRETARY:   Section 2.  This 

 3    act shall take effect immediately.

 4                 ACTING PRESIDENT MAYER:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT MAYER:   Announce 

 8    the results.

 9                 THE SECRETARY:   Ayes, 60.

10                 ACTING PRESIDENT MAYER:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    1750, Senate Print 9654, by Senator Murray, an 

14    act to amend the Highway Law.

15                 ACTING PRESIDENT MAYER:   Read the 

16    last section.

17                 THE SECRETARY:   Section 3.  This 

18    act shall take effect immediately.  

19                 ACTING PRESIDENT MAYER:   Announce 

20    the results.  

21                 THE SECRETARY:   Ayes, 60.

22                 ACTING PRESIDENT MAYER:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 

25    1751, Senate Print 9682, by Senator Liu, an act 


                                                               7736

 1    to amend the Education Law. 

 2                 ACTING PRESIDENT MAYER:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 2.  This 

 5    act shall take effect immediately.

 6                 ACTING PRESIDENT MAYER:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT MAYER:   Announce 

10    the results.

11                 THE SECRETARY:   Ayes, 60.

12                 ACTING PRESIDENT MAYER:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    1752, Assembly Bill Number 8313B, by 

16    Assemblymember Anderson, an act to amend the 

17    Public Housing Law.

18                 ACTING PRESIDENT MAYER:   Read the 

19    last section.

20                 THE SECRETARY:   Section 2.  This 

21    act shall take effect on the 120th day after it 

22    shall have become a law.  

23                 ACTING PRESIDENT MAYER:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               7737

 1                 ACTING PRESIDENT MAYER:   Announce 

 2    the results.

 3                 THE SECRETARY:   In relation to 

 4    Calendar 1752, voting in the negative:  

 5    Senator Walczyk.

 6                 Ayes, 59.  Nays, 1.

 7                 ACTING PRESIDENT MAYER:   The bill 

 8    is passed.

 9                 We're skipping; Bill Number S9725B 

10    was not reported from Rules and therefore should 

11    not appear on the calendar.

12                 THE SECRETARY:   Calendar Number 

13    1754, Senate Print 9736, by Senator Kavanagh, an 

14    act to amend the Penal Law.

15                 ACTING PRESIDENT MAYER:   Read the 

16    last section.

17                 THE SECRETARY:   Section 3.  This 

18    act shall take effect immediately.  

19                 ACTING PRESIDENT MAYER:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT MAYER:   Senator 

23    Murray to explain his vote.

24                 SENATOR MURRAY:   Thank you, 

25    Madam President.  


                                                               7738

 1                 This one baffles me.  Look, I know, 

 2    I get it, you don't like guns, you don't like the 

 3    NRA.  But what we're saying with this bill is 

 4    that training by the United States Army, training 

 5    by the United States Navy, training by the 

 6    U.S. Marine Corps or the Adjutant General of this 

 7    state or by the NRA is not good enough.  No, we 

 8    didn't train them, they're not good enough to 

 9    train people with the use of guns.  

10                 You've got to be kidding me.  Can we 

11    at least live in the real world?  This is 

12    ridiculous.  

13                 I vote no.

14                 ACTING PRESIDENT MAYER:   Senator 

15    Murray to be recorded in the negative.  

16                 Announce the results.  

17                 THE SECRETARY:   In relation to 

18    Calendar 1754, voting in the negative are 

19    Senators Ashby, Borrello, Canzoneri-Fitzpatrick, 

20    Chan, Gallivan, Griffo, Helming, Lanza, Martins, 

21    Mattera, Murray, Oberacker, O'Mara, Ortt, Rhoads, 

22    Rolison, Palumbo, Tedisco, Stec, Walczyk, Weber 

23    and Weik.

24                 Ayes, 38.  Nays, 22.

25                 ACTING PRESIDENT MAYER:   The bill 


                                                               7739

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    1755, Senate Print 9904, by Senator Ramos, an act 

 4    to amend the Labor Law.

 5                 ACTING PRESIDENT MAYER:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 2.  This 

 8    act shall take effect immediately.

 9                 ACTING PRESIDENT MAYER:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT MAYER:   Announce 

13    the results.

14                 THE SECRETARY:   Ayes, 60.

15                 ACTING PRESIDENT MAYER:   The bill 

16    is passed.  

17                 THE SECRETARY:   Calendar Number 

18    1756, Senate Print 9905, by Senator Jackson, an 

19    act to amend the Retirement and Social Security 

20    Law.

21                 ACTING PRESIDENT MAYER:   Read the 

22    last section.

23                 THE SECRETARY:   Section 12.  This 

24    act shall take effect immediately.

25                 ACTING PRESIDENT MAYER:   Call the 


                                                               7740

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT MAYER:   Announce 

 4    the results.

 5                 THE SECRETARY:   Ayes, 60.

 6                 ACTING PRESIDENT MAYER:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    1757, Senate Print 9906, by Senator Myrie, an act 

10    to amend the Criminal Procedure Law.

11                 ACTING PRESIDENT MAYER:   Read the 

12    last section.

13                 THE SECRETARY:   Section 2.  This 

14    act shall take effect immediately.

15                 ACTING PRESIDENT MAYER:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT MAYER:   Announce 

19    the results.

20                 THE SECRETARY:   Ayes, 60.

21                 ACTING PRESIDENT MAYER:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    1758, Assembly Bill Number 8061, by 

25    Assemblymember Bronson, an act to amend the 


                                                               7741

 1    Veterans' Services Law.

 2                 ACTING PRESIDENT MAYER:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 2.  This 

 5    act shall take effect on the 90th day after it 

 6    shall have become a law.

 7                 ACTING PRESIDENT MAYER:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT MAYER:   Announce 

11    the results.

12                 THE SECRETARY:   Ayes, 60.

13                 ACTING PRESIDENT MAYER:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    1759, Senate Print 9982A, by Senator Tedisco, an 

17    act in relation to authorizing Kurt Nolan to 

18    receive certain credit under Sections 384-d and 

19    384-e of the Retirement and Social Security Law.  

20                 ACTING PRESIDENT MAYER:   Read the 

21    last section.

22                 THE SECRETARY:   Section 3.  This 

23    act shall take effect immediately.

24                 ACTING PRESIDENT MAYER:   Call the 

25    roll.


                                                               7742

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT MAYER:   Announce 

 3    the results.

 4                 THE SECRETARY:   Ayes, 60.

 5                 ACTING PRESIDENT MAYER:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    1760, Senate Print 10058C, by Senator Harckham, 

 9    an act to amend the Vehicle and Traffic Law.  

10                 ACTING PRESIDENT MAYER:   Read the 

11    last section.

12                 THE SECRETARY:   Section 4.  This 

13    act shall take effect on the 30th day after it 

14    shall have become a law.

15                 ACTING PRESIDENT MAYER:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT MAYER:   Announce 

19    the results.

20                 THE SECRETARY:   Ayes, 60.

21                 ACTING PRESIDENT MAYER:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    1761, Assembly Bill Number 11199A, by 

25    Assemblymember Reyes, an act to amend the 


                                                               7743

 1    Executive Law.

 2                 ACTING PRESIDENT MAYER:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 3.  This 

 5    act shall take effect on the 180th day after it 

 6    shall have become a law.

 7                 ACTING PRESIDENT MAYER:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT MAYER:   Senator 

11    Chan to explain his vote.

12                 SENATOR CHAN:   Thank you, 

13    Madam President.  

14                 So I rise once again, and once again 

15    I call upon my own experience as an NYPD police 

16    officer and police supervisor of 27 years.  

17                 Let's go back about 30 years.  And 

18    when I first became a police officer, I carried 

19    what is known as a Motorola Saber radio.  It was 

20    this big, heavy prehistoric radio, and it wasn't 

21    encrypted.  

22                 So now, once again, we're talking 

23    about having no encryption on our police radios.  

24    I'll tell you what happened when we didn't have 

25    these encrypted radios.  There was reporters and 


                                                               7744

 1    members of the media and press just following the 

 2    cops around in the Lower East Side where I 

 3    worked.  

 4                 And some of the problems that we 

 5    came across were they would get in the way when 

 6    our investigation wasn't over.  They would get in 

 7    the way and identify victims when they were not 

 8    supposed to identify.  They would broadcast a 

 9    news article before the investigation was 

10    complete, in essence tipping off the criminals of 

11    an ongoing investigation.  

12                 The reasons why we shouldn't have 

13    the media monitor the radios, it was just 

14    endless -- there's a lot of sensitive information 

15    over the radio, a lot of things that are not 

16    ready to be made public.  

17                 Recently my office -- a constituent 

18    came into my office.  He was a victim of a TikTok 

19    scam, $400,000.  So using my connections in the 

20    police department, we didn't just file a police 

21    report for him, I contacted the Financial Crimes 

22    Task Force.  They set up a sting.  They collared 

23    three Thai nationals, part of an international 

24    organized crime ring that's scamming my 

25    constituents out of tens, hundreds of thousands 


                                                               7745

 1    of dollars.  

 2                 And -- but the problem is people are 

 3    monitoring the police radio, and it was made 

 4    public, but the Department of Homeland Security 

 5    took over that investigation.  So now that 

 6    investigation itself is jeopardized.

 7                 So for many reasons like that, you 

 8    know, I'm going to have to vote down on this 

 9    bill.  It's not a good idea.

10                 ACTING PRESIDENT MAYER:   Senator 

11    Chan to be recorded in the negative.

12                 Announce the results.

13                 THE SECRETARY:   In relation to 

14    Calendar 1761, voting in the negative are 

15    Senators Ashby, Borrello, Canzoneri-Fitzpatrick, 

16    Chan, Gallivan, Griffo, Helming, Lanza, Martins, 

17    Mattera, Murray, Oberacker, O'Mara, Ortt, 

18    Palumbo, Rhoads, Rolison, Ryan, Stec, Tedisco, 

19    Walczyk, Weber and Weik.  

20                 Ayes, 37.  Nays, 23.

21                 ACTING PRESIDENT MAYER:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    1762, Senate Print 10095B, by Senator Rhoads, an 

25    act authorizing the Hicksville Water District to 


                                                               7746

 1    receive retroactive real property tax-exempt 

 2    status.  

 3                 ACTING PRESIDENT MAYER:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 2.  This 

 6    act shall take effect immediately.

 7                 ACTING PRESIDENT MAYER:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT MAYER:   Announce 

11    the results.  

12                 THE SECRETARY:   In relation to 

13    Calendar 1762, voting in the negative are 

14    Senators O'Mara and Skoufis.

15                  Ayes, 58.  Nays, 2.

16                 ACTING PRESIDENT MAYER:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    1763, Assembly Bill Number 11180B, by 

20    Assemblymember Paulin, an act to amend the 

21    Vehicle and Traffic Law.

22                 ACTING PRESIDENT MAYER:   Read the 

23    last section.

24                 THE SECRETARY:   Section 4.  This 

25    act shall take effect on the 30th day after it 


                                                               7747

 1    shall have become a law.

 2                 ACTING PRESIDENT MAYER:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT MAYER:   Announce 

 6    the results.

 7                 THE SECRETARY:   Ayes, 60.

 8                 ACTING PRESIDENT MAYER:   The bill 

 9    is passed.

10                 THE SECRETARY:   Excuse me.

11                 In relation to Calendar 1763, voting 

12    in the negative:  Senator Lanza.

13                 Ayes, 59.  Nays, 1.

14                 ACTING PRESIDENT MAYER:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    1764, Assembly Bill Number 11437, by 

18    Assemblymember Stirpe, an act to amend the 

19    Alcoholic Beverage Control Law.

20                 ACTING PRESIDENT MAYER:   Read the 

21    last section.

22                 THE SECRETARY:   Section 2.  This 

23    act shall take effect immediately.

24                 ACTING PRESIDENT MAYER:   Call the 

25    roll.


                                                               7748

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT MAYER:   Announce 

 3    the results.

 4                 THE SECRETARY:   In relation to 

 5    Calendar 1764, voting in the negative are 

 6    Senators Borrello, Canzoneri-Fitzpatrick, Chan, 

 7    Gallivan, Griffo, Lanza, O'Mara, Ortt, Stec, 

 8    Tedisco and Weber.  Also Senators Palumbo and 

 9    Helming.

10                 Ayes, 47.  Nays, 13.

11                 ACTING PRESIDENT MAYER:   The bill 

12    is passed.  

13                 THE SECRETARY:   Calendar Number 

14    1765, Senate Print 10196A, by Senator Fahy, an 

15    act to amend the Vehicle and Traffic Law.

16                 ACTING PRESIDENT MAYER:   Read the 

17    last section.

18                 THE SECRETARY:   Section 4.  This 

19    act shall take effect on the 30th day after it 

20    shall have become a law.

21                 ACTING PRESIDENT MAYER:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT MAYER:   Announce 

25    the results.


                                                               7749

 1                 THE SECRETARY:   In relation to 

 2    Calendar 1765, voting in the negative are 

 3    Senators Lanza and Chan.  

 4                 Ayes, 58.  Nays, 2.

 5                 ACTING PRESIDENT MAYER:   The bill 

 6    is passed.  

 7                 THE SECRETARY:   Calendar Number 

 8    1766, Senate Print 10223A, by Senator Fahy, an 

 9    act to authorize the South End Children's Cafe to 

10    file an application for a retroactive real 

11    property tax exemption.

12                 ACTING PRESIDENT MAYER:   Read the 

13    last section.

14                 THE SECRETARY:   Section 2.  This 

15    act shall take effect immediately.

16                 ACTING PRESIDENT MAYER:   Call the 

17    roll.  

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT MAYER:   Announce 

20    the results.

21                 THE SECRETARY:   In relation to 

22    Calendar 1766, voting in the negative:  

23    Senator Skoufis.

24                 Ayes, 59.  Nays, 1.

25                 ACTING PRESIDENT MAYER:   The bill 


                                                               7750

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    1767, Senate Print 10443, by Senator Myrie, an 

 4    act to amend the Criminal Procedure Law.

 5                 ACTING PRESIDENT MAYER:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 2.  This 

 8    act shall take effect on the 60th day after it 

 9    shall have become a law.

10                 ACTING PRESIDENT MAYER:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT MAYER:   Announce 

14    the results.

15                 THE SECRETARY:   In relation to 

16    Calendar Number 1767, voting in the negative:  

17    Senator Walczyk.

18                 Ayes, 59.  Nays, 1.

19                 ACTING PRESIDENT MAYER:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    1768, Senate Print 10446, by Senator Kavanagh, an 

23    act to amend Chapter 514 of the Laws of 1983.

24                 ACTING PRESIDENT MAYER:   Read the 

25    last section.


                                                               7751

 1                 THE SECRETARY:   Section 9.  This 

 2    act shall take effect immediately.

 3                 ACTING PRESIDENT MAYER:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT MAYER:   Announce 

 7    the results.

 8                 THE SECRETARY:   In relation to 

 9    Calendar 1768, voting in the negative are 

10    Senators Borrello, Canzoneri-Fitzpatrick, Chan, 

11    Gallivan, Griffo, Helming, Lanza, Martins, 

12    Mattera, Murray, Oberacker, O'Mara, Palumbo, 

13    Rhoads, Rolison, Stec, Tedisco, Walczyk, Weber 

14    and Weik.  

15                 Ayes, 40.  Nays, 20.

16                 ACTING PRESIDENT MAYER:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    1769, Senate Print 10489, by Senator Bynoe, an 

20    act to amend the Local Finance Law.

21                 ACTING PRESIDENT MAYER:   There's a 

22    home-rule message at the desk.

23                 Read the last section.

24                 THE SECRETARY:   Section 2.  This 

25    act shall take effect immediately.


                                                               7752

 1                 ACTING PRESIDENT MAYER:   Call the 

 2    roll.

 3                 (The Secretary called the roll.)

 4                 ACTING PRESIDENT MAYER:   Announce 

 5    the results.  

 6                 THE SECRETARY:   In relation to 

 7    Calendar 1769, voting in the negative:  

 8    Senator Skoufis.

 9                 Ayes, 59.  Nays, 1.

10                 ACTING PRESIDENT MAYER:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    1770, Senate Print 10528, by Senator Oberacker, 

14    an act to amend the Alcoholic Beverage Control 

15    Law.

16                 ACTING PRESIDENT MAYER:   Read the 

17    last section.

18                 THE SECRETARY:   Section 2.  This 

19    act shall take effect immediately.

20                 ACTING PRESIDENT MAYER:   Call the 

21    roll.  

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT MAYER:   Announce 

24    the results.  

25                 THE SECRETARY:   In relation to 


                                                               7753

 1    Calendar 1770, voting in the negative:  

 2    Senator Martinez.

 3                 Ayes, 59.  Nays, 1.

 4                 ACTING PRESIDENT MAYER:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    1771, Senate Print 10563, by Senator Skoufis, an 

 8    act to amend the Election Law.

 9                 ACTING PRESIDENT MAYER:   Read the 

10    last section.

11                 THE SECRETARY:   Section 2.  This 

12    act shall take effect immediately.  

13                 ACTING PRESIDENT MAYER:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT MAYER:   Announce 

17    the results.

18                 THE SECRETARY:   In relation to 

19    Calendar 1771, voting in the negative:  

20    Senator Walczyk.

21                 Ayes, 59.  Nays, 1.

22                 ACTING PRESIDENT MAYER:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 

25    1772, Senate Print 10603, by Senator Weber, an 


                                                               7754

 1    act authorizing the Cong Kehal Square of Roman to 

 2    receive retroactive real property tax-exempt 

 3    status.

 4                 ACTING PRESIDENT MAYER:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 2.  This 

 7    act shall take effect immediately.  

 8                 ACTING PRESIDENT MAYER:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT MAYER:   Announce 

12    the results.

13                 THE SECRETARY:   In relation to 

14    Calendar 1772, voting in the negative are 

15    Senators O'Mara and Skoufis.

16                 Ayes, 58.  Nays, 2.

17                 ACTING PRESIDENT MAYER:   The bill 

18    is passed.  

19                 THE SECRETARY:   Calendar Number 

20    1773, Senate Print Number 10611, by 

21    Senator Stewart-Cousins, an act authorizing the 

22    Town of Greenburgh, County of Westchester, to 

23    alienate and discontinue the use of certain 

24    parkland.  

25                 ACTING PRESIDENT MAYER:   There's a 


                                                               7755

 1    home-rule message at the desk.

 2                 Read the last section.  

 3                 THE SECRETARY:   Section 6.  This 

 4    act shall take effect immediately.  

 5                 ACTING PRESIDENT MAYER:   Call the 

 6    roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT MAYER:   Announce 

 9    the results.

10                 THE SECRETARY:   Ayes, 60.

11                 ACTING PRESIDENT MAYER:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 

14    1774, Assembly Bill Number 11532, by 

15    Assemblymember Schiavoni, an act to amend 

16    Chapter 704 of the Laws of 2023.

17                 ACTING PRESIDENT MAYER:   Read the 

18    last section.

19                 THE SECRETARY:   Section 2.  This 

20    act shall take effect immediately.

21                 ACTING PRESIDENT MAYER:   Call the 

22    roll.  

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT MAYER:   Announce 

25    the results.


                                                               7756

 1                 THE SECRETARY:   In relation to 

 2    Calendar 1774, voting in the negative:  

 3    Senator Martinez.

 4                 Ayes, 59.  Nays, 1.

 5                 ACTING PRESIDENT MAYER:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    1775, Assembly Bill Number 11540, by 

 9    Assemblymember Powers, an act to amend the 

10    Alcoholic Beverage Control Law.

11                 ACTING PRESIDENT MAYER:   Read the 

12    last section.

13                 THE SECRETARY:   Section 2.  This 

14    act shall take effect immediately.  

15                 ACTING PRESIDENT MAYER:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT MAYER:   Announce 

19    the results.

20                 THE SECRETARY:   In relation to 

21    Calendar 1775, voting in the negative are 

22    Senators Chan, Lanza and Martinez.

23                 Ayes, 57.  Nays, 3.

24                 ACTING PRESIDENT MAYER:   The bill 

25    is passed.


                                                               7757

 1                 THE SECRETARY:   Calendar Number 

 2    1776, Senate Print 10624, by Senator Bynoe, an 

 3    act to authorize the Freeport Bible Center to 

 4    file an application for a retroactive real 

 5    property tax exemption.

 6                 ACTING PRESIDENT MAYER:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 2.  This 

 9    act shall take effect immediately.

10                 ACTING PRESIDENT MAYER:   Call the 

11    roll.  

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT MAYER:   Announce 

14    the results.

15                 THE SECRETARY:   In relation to 

16    Calendar 1776, voting in the negative are 

17    Senators O'Mara and Skoufis.

18                 Ayes, 58.  Nays, 2.

19                 ACTING PRESIDENT MAYER:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    1777, Senate Print 10626, by Senator Gianaris, an 

23    act to amend the Judiciary Law.

24                 SENATOR LANZA:   Lay it aside.

25                 ACTING PRESIDENT MAYER:   The bill 


                                                               7758

 1    is laid aside.

 2                 THE SECRETARY:   Calendar Number 

 3    1778, Senate Print 10627, by Senator Mayer, an 

 4    act to amend the General Business Law.

 5                 (Off the record.)

 6                 SENATOR GIANARIS:   Lay it aside 

 7    temporarily, please.  

 8                 ACTING PRESIDENT MAYER:   The bill 

 9    is laid aside temporarily.

10                 THE SECRETARY:   Calendar Number 

11    1779, Assembly Bill Number 11547, by 

12    Assemblymember Peoples-Stokes, an act to 

13    amend the State Finance Law.

14                 ACTING PRESIDENT MAYER:   Read the 

15    last section.

16                 THE SECRETARY:   Section 5.  This 

17    act shall take effect upon the completion of all 

18    grants having been transferred from Health 

19    Research, Inc.

20                 ACTING PRESIDENT MAYER:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT MAYER:   Announce 

24    the results.

25                 THE SECRETARY:   Ayes, 60.


                                                               7759

 1                 ACTING PRESIDENT MAYER:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    1780, Assembly Bill Number 11534, by 

 5    Assemblymember Pheffer Amato, an act to amend the 

 6    Civil Service Law.

 7                 ACTING PRESIDENT MAYER:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 2.  This 

10    act shall take effect immediately.

11                 ACTING PRESIDENT MAYER:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT MAYER:   Announce 

15    the results.

16                 THE SECRETARY:   In relation to 

17    Calendar 1780, voting in the negative:  

18    Senator Walczyk.

19                 Ayes, 59.  Nays, 1.

20                 ACTING PRESIDENT MAYER:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    1781, Senate Print 10632, by Senator Fernandez, 

24    an act to amend the Penal Law.

25                 ACTING PRESIDENT MAYER:   Read the 


                                                               7760

 1    last section.

 2                 THE SECRETARY:   Section 2.  This 

 3    act shall take effect immediately.  

 4                 ACTING PRESIDENT MAYER:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT MAYER:   Announce 

 8    the results.

 9                 THE SECRETARY:   Ayes, 60.

10                 ACTING PRESIDENT MAYER:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    1782, Senate Print 10635, by Senator Kavanagh, an 

14    act to amend the Multiple Dwelling Law.

15                 ACTING PRESIDENT MAYER:   Read the 

16    last section.

17                 THE SECRETARY:   Section 4.  This 

18    act shall take effect on the 180th day after it 

19    shall have become a law.  

20                 ACTING PRESIDENT MAYER:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 THE SECRETARY:   In relation to 

24    Calendar 1782, voting in the negative are 

25    Senators Ashby, Borrello, Canzoneri-Fitzpatrick, 


                                                               7761

 1    Chan, Gallivan, Griffo, Helming, Lanza, Martinez, 

 2    Martins, Mattera, Murray, Oberacker, O'Mara, 

 3    Ortt, Palumbo, Rhoads, Rolison, Skoufis, Stec, 

 4    Tedisco, Walczyk, Weber and Weik.

 5                 Ayes, 36.  Nays, 24.

 6                 ACTING PRESIDENT MAYER:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    1783, Assembly Bill Number 11555, by 

10    Assemblymember Pheffer Amato, an act to amend the 

11    General Municipal Law.

12                 ACTING PRESIDENT MAYER:   Read the 

13    last section.

14                 THE SECRETARY:   Section 3.  This 

15    act shall take effect July 1, 2026.

16                 ACTING PRESIDENT MAYER:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT MAYER:   Announce 

20    the results.

21                 THE SECRETARY:   Ayes, 60.

22                 ACTING PRESIDENT MAYER:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 

25    1784, Senate Print 10639, by Senator Gianaris, an 


                                                               7762

 1    act to amend the Election Law.

 2                 SENATOR LANZA:   Lay it aside.

 3                 ACTING PRESIDENT MAYER:   The bill 

 4    is laid aside.

 5                 THE SECRETARY:   Calendar Number 

 6    1785, Assembly Bill Number 11558, by 

 7    Assemblymember Kim, an act to amend Chapter 704 

 8    of the Laws of 1991.

 9                 ACTING PRESIDENT MAYER:   Read the 

10    last section.

11                 THE SECRETARY:   Section 2.  This 

12    act shall take effect immediately.

13                 ACTING PRESIDENT MAYER:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT MAYER:   Announce 

17    the results.

18                 THE SECRETARY:   In relation to 

19    Calendar 1785, voting in the negative:  

20    Senator Skoufis.

21                 Ayes, 59.  Nays, 1.  

22                 ACTING PRESIDENT MAYER:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 

25    1786, Assembly Bill Number 11559, by 


                                                               7763

 1    Assemblymember Pretlow, an act to amend the 

 2    New York State Medical Care Facilities Finance 

 3    Agency Act.

 4                 ACTING PRESIDENT MAYER:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 2.  This 

 7    act shall take effect immediately.  

 8                 ACTING PRESIDENT MAYER:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT MAYER:   Announce 

12    the results.

13                 THE SECRETARY:   Ayes, 60.

14                 ACTING PRESIDENT MAYER:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    1787, Assembly Bill Number 11560, by 

18    Assemblymember Barrett, an act to amend the 

19    Environmental Conservation Law.

20                 ACTING PRESIDENT MAYER:   Read the 

21    last section.

22                 SENATOR LANZA:   Lay it aside.

23                 ACTING PRESIDENT MAYER:   The bill 

24    is laid aside.

25                 THE SECRETARY:   Calendar Number 


                                                               7764

 1    1788, Assembly Bill Number 11561, by 

 2    Assemblymember Heastie, an act to amend 

 3    Chapter 747 of the Laws of 2023.

 4                 ACTING PRESIDENT MAYER:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 2.  This 

 7    act shall take effect immediately.  

 8                 ACTING PRESIDENT MAYER:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT MAYER:   Announce 

12    the results.

13                 THE SECRETARY:   In relation to 

14    Calendar 1788, voting in the negative are 

15    Senators Ortt and Walczyk.

16                 Ayes, 58.  Nays, 2.

17                 ACTING PRESIDENT MAYER:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    1779, Senate Print 10648, by Senator Stavisky, an 

21    act implementing an agreement between the state 

22    and an employee organization.

23                 SENATOR GIANARIS:   Is there a 

24    message of necessity at the desk?

25                 ACTING PRESIDENT MAYER:   There is a 


                                                               7765

 1    message of necessity at the desk.

 2                 SENATOR GIANARIS:   Move to accept 

 3    the message.  

 4                 ACTING PRESIDENT MAYER:   All those 

 5    in favor of accepting the message please signify 

 6    by saying aye.

 7                 (Response of "Aye.")

 8                 ACTING PRESIDENT MAYER:   Opposed, 

 9    nay.

10                 (Response of "Nay.")

11                 ACTING PRESIDENT MAYER:   The 

12    message is accepted.  

13                 The bill is before the house.

14                 Read the last section.

15                 THE SECRETARY:   Section 20.  This 

16    act shall take effect immediately.  

17                 ACTING PRESIDENT MAYER:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT MAYER:   Announce 

21    the results.

22                 THE SECRETARY:   Ayes, 60.

23                 ACTING PRESIDENT MAYER:   The bill 

24    is passed.

25                 Senator Gianaris, that completes the 


                                                               7766

 1    reading of the supplemental calendar.

 2                 SENATOR GIANARIS:   Madam President, 

 3    it's my understanding that the sponsor of 

 4    Calendar 1778 -- which happens to be you -- would 

 5    like to lay that bill aside for the day.

 6                 ACTING PRESIDENT MAYER:   The bill 

 7    is laid aside for the day.

 8                 SENATOR GIANARIS:   Let's now move 

 9    to the controversial calendar.

10                 ACTING PRESIDENT MAYER:   The 

11    Secretary will ring the bell.  

12                 The Secretary will read.

13                 THE SECRETARY:   Calendar Number 

14    644, Senate Print 1463B, by Senator Kavanagh, an 

15    act to amend the Environmental Conservation Law.

16                 ACTING PRESIDENT MAYER:   Senator  

17    Borrello, why do you rise?

18                 SENATOR BORRELLO:   Madam President, 

19    would the sponsor yield for a question?  

20                 SENATOR KAVANAGH:   Yes.  Through 

21    you, Madam President, yes.

22                 ACTING PRESIDENT MAYER:   Senator 

23    Kavanagh, do you yield?  

24                 SENATOR KAVANAGH:   Yes.

25                 ACTING PRESIDENT MAYER:   The 


                                                               7767

 1    Senator yields.  

 2                 SENATOR BORRELLO:   Through you, 

 3    Madam President.

 4                 So obviously, you know, we have gone 

 5    back and forth on this before.  But it sounds 

 6    like there has been some changes made to this, I 

 7    guess most importantly the idea of actually 

 8    assessing a fee.  

 9                 Can you just explain the parameters 

10    of that, the fee?

11                 SENATOR KAVANAGH:   Yeah, we 

12    actually -- we're actually -- this is the fifth 

13    time that this chamber has considered this bill, 

14    and we're actually running this as an experiment 

15    because previously many of my colleagues stood up 

16    and said that, you know, there are many wonderful 

17    programs that are wonderful partly because they 

18    have their fee.  So we've added the fee to see 

19    if, you know, the wonderfulness is still 

20    perceived by everyone in the chamber.  

21                 But yes, we have amended this 

22    program so that there will be a fee at the point 

23    of purchase when someone purchases a mattress, 

24    and that fee will be collected, it will be -- 

25    there will be an audit to ensure that that covers 


                                                               7768

 1    the cost of the collection program and the 

 2    extended producer responsibility program, and no 

 3    more than that cost, and that will go to either 

 4    the representative organization that represents 

 5    the manufacturers or the individual manufacturers 

 6    if they're complying with EPR separately.

 7                 SENATOR BORRELLO:  Thank you.  

 8                 Madam President, will the sponsor 

 9    continue to yield?

10                 ACTING PRESIDENT MAYER:   Do you 

11    continue to yield?

12                 SENATOR KAVANAGH:   Yes, 

13    Madam President.

14                 ACTING PRESIDENT MAYER:   The 

15    sponsor yields.

16                 SENATOR BORRELLO:   So you mentioned 

17    that this is going to be a very -- very tight 

18    assessment.  In other words, you're going to try 

19    to figure out a way how it's going to be a fee 

20    assessed for only the cost of the program.  

21                 I agree that that should be the 

22    case.  This should not be a profit -- you know, a 

23    profit center for anyone.  But that seems like a 

24    pretty complex thing to be able to calculate.  

25    How is that -- who is going to do that, and how's 


                                                               7769

 1    it going to happen?  

 2                 SENATOR KAVANAGH:   Through you, 

 3    Madam President, it will be done in a manner 

 4    that's similar to the four other states that have 

 5    this program that have such a fee.  The bill 

 6    specifies that it needs to cover the cost over 

 7    multiple years.  

 8                 So again, you're collecting -- 

 9    you're getting the fee from the consumer at the 

10    point that they purchase the mattress.  It's 

11    going to this organization.  And then the 

12    organization will, over time, have to, you know, 

13    spend that fee to cover the costs.  The costs of 

14    the program change over time because they have 

15    increasing responsibility to collect mattresses.  

16                 But it will be the producer 

17    responsibility organization.  When they submit 

18    their plan to the DEC, they will submit a plan to 

19    collect the fee and the amount of the fee and 

20    some evidence that that fee has been audited 

21    presumably by somebody independent, selected by 

22    the manufacturers to ensure that it is the right 

23    amount and no more.

24                 But it's not going to be -- the fee 

25    is not going to be set directly by -- you know, 


                                                               7770

 1    DEC will have to approve the plan -- the fee as 

 2    part of the larger provision of the bill that has 

 3    them approving the overall plan.  But the fee 

 4    will be set by the collective wisdom of the 

 5    manufacturers who are participating in the 

 6    producer responsibility organization.  

 7                 And I would note that the 

 8    International Sleep Products Association is now 

 9    in support of this bill, as are NYCOM and the 

10    many environmental groups that have been 

11    supporting it from the beginning.

12                 SENATOR BORRELLO:   Madam President, 

13    will the sponsor continue to yield?

14                 ACTING PRESIDENT MAYER:   Do you 

15    continue to yield? 

16                 SENATOR KAVANAGH:   Yes, 

17    Madam President.

18                 ACTING PRESIDENT MAYER:   The 

19    sponsor yields.  

20                 SENATOR BORRELLO:   Yes, I know that 

21    your changes have -- you know, have garnered the 

22    support of the International Sleep Association.  

23    So congratulations on that, and sincerely, that 

24    that was able to happen.

25                 But, you know, you mentioned other 


                                                               7771

 1    places where we use -- we've always referenced 

 2    the tires and paint as examples of how this could 

 3    happen.  But, you know, how is this -- from a 

 4    logistical standpoint, like when you go -- when 

 5    you get rid of an old tire, you're taken 

 6    someplace to have the new tires put on, and they 

 7    take the old tire and charge you a fee.  You take 

 8    your paint to a store, they charge you the fee.  

 9                 How -- what's going to happen with a 

10    mattress?  Now when someone decides they don't 

11    need their mattress anymore, what's the process 

12    going to be to dispose of that mattress?

13                 SENATOR KAVANAGH:   The -- or the 

14    industry, the producers -- producers 

15    theoretically can comply with this program by 

16    themselves, if they were like a particular brand 

17    or a particular company and they wanted to just 

18    collect their own mattresses and proceed.  

19                 But the way this has happened in 

20    every other state, and the way we expect it would 

21    happen here, is that the industry as a whole 

22    would create a producer responsibility 

23    organization that would collectively set up sites 

24    that meet a convenience standard.  

25                 So there have to be sites in every 


                                                               7772

 1    part of the state, there have to be additional 

 2    sites for every 30,000 people.  So there are 

 3    criteria in the bill that make the -- that are 

 4    intended to make the collection and the drop-off 

 5    of mattresses convenient for consumers.  

 6                 We know, of course, a lot of 

 7    mattresses are delivered directly to consumers.  

 8    In some cases they're still delivered in a truck 

 9    and a producer might be wise to arrange for the 

10    truck to take the old mattress and bring it back.  

11                 But they're -- the program is not -- 

12    it's not that prescriptive as to how they do it, 

13    other than they have to meet -- they have to 

14    present a plan that meets a convenience standard, 

15    DEC has to approve that plan, and then presumably 

16    from that point forward it will be convenient to 

17    the consumer.  

18                 The plan also is supposed to 

19    indicate the manner in which they will, you know, 

20    publicize the plan, any incentives they'll give 

21    to retailers to participate in the plan.  So 

22    there's a variety of things that are intended.  

23                 And has been noted on this floor 

24    before, these programs have worked very well in 

25    other places and collected a great many 


                                                               7773

 1    mattresses that otherwise go to landfill, and 

 2    that's of course a tremendous loss of resources, 

 3    about 23 cubic feet of valuable materials in 

 4    every mattress that gets disposed of.

 5                 SENATOR BORRELLO:   Madam President, 

 6    will the sponsor continue to yield? 

 7                 ACTING PRESIDENT MAYER:   Do you 

 8    yield?  

 9                 SENATOR KAVANAGH:   Yes, 

10    Madam President.

11                 ACTING PRESIDENT MAYER:   The 

12    sponsor yields.  

13                 SENATOR BORRELLO:   I think we've 

14    all seen, you know, commercials on TV, you can 

15    buy a mattress online, you can buy it on Amazon, 

16    and it's becoming more and more popular to do it 

17    that way.  

18                 So if someone sells a mattress into 

19    New York State, they ship it in New York State, 

20    but not a brick-and-mortar mattress store, will 

21    they be required to collect and redeem this fee?  

22                 SENATOR KAVANAGH:   Through you, 

23    Madam President, yes.  The fee will be collected 

24    at the point of sale.  

25                 So if you're selling a mattress to a 


                                                               7774

 1    New Yorker and not collecting that fee, they will 

 2    be violating that law.  But more importantly, 

 3    the -- so the DEC or perhaps the Attorney 

 4    General, others, could go after that participant 

 5    in the marketplace for violating the law.

 6                 But the more likely way that that is 

 7    discovered is the industry itself, recognizing 

 8    that the industry as a whole has an obligation to 

 9    meet increasingly ambitious standards for 

10    collecting and recycling mattresses, and knowing 

11    that that program is going to be funded by fees 

12    collected from retail sales, will certainly be -- 

13    you know, people are usually aware in the market 

14    if somebody's competing with them.  And if 

15    somebody is selling mattresses without collecting 

16    a fee, and more specifically without remitting 

17    that fee to the PRO, the PRO itself presumably 

18    would have a great interest in ensuring that that 

19    fee is properly collected.

20                 And again, there's nothing -- we've 

21    talked about this a little bit on this floor 

22    before, but there's nothing in this bill that 

23    distinguishes out-of-state or out-of-country 

24    producers from in-state.  

25                 If you are selling mattresses in 


                                                               7775

 1    New York, if you're selling a mattress to New 

 2    Yorkers to be used in New York, you must 

 3    participate both in the -- you know, in a PRO and 

 4    collecting the fee, and also in ensuring that 

 5    your mattress is properly recycled.

 6                 SENATOR BORRELLO:   Madam President, 

 7    will the sponsor continue to yield?

 8                 ACTING PRESIDENT MAYER:   Do you 

 9    continue to yield?

10                 SENATOR KAVANAGH:   Yes, 

11    Madam President.

12                 SENATOR BORRELLO:   So I know the 

13    goal of this is ultimately to have these 

14    mattresses recycled.  Mattresses are made up of 

15    several different materials.  You know, you 

16    can -- there's a wide variety of ways to now -- 

17    to make a mattress.  And the recycling of it I 

18    think is going to be a challenging part.  

19                 But one promising thing that I've 

20    been recently made aware of is something called 

21    pyrolysis.  I don't know if you're familiar with 

22    that.  It's essentially a high heat.  

23                 Is that going to be incorporated 

24    into the definition of recycling for the purposes 

25    of this bill and this program that we're going to 


                                                               7776

 1    create in New York State?

 2                 SENATOR KAVANAGH:   Through you, 

 3    Madam President.  The pyrolysis and some other 

 4    chemical processes that are sometimes referred to 

 5    as advanced recycling by the industry are not 

 6    included in this bill as a form of recycling.  

 7                 So we are not -- sometimes people 

 8    say we're banning advanced recycling, we're 

 9    banning pyrolysis.  We are not doing any such 

10    thing.  To the extent those processes are 

11    economically sensible, they will continue.  

12    They'll probably become more economically 

13    sensible if everybody has to collect mattresses 

14    and there are materials in those mattresses that 

15    would be useful inputs for that kind of process.

16                 But for now, the perception that 

17    motivates this bill is that those processes are 

18    not advanced enough in terms of their 

19    environmental sustainability to warrant allowing 

20    mattress producers -- again, who have the 

21    obligations here -- to use those processes and 

22    count them toward the recycling goal.  

23                 And there are a lot of recyclable 

24    materials in mattresses that are far easier to 

25    recycle and, in the view that motivates this 


                                                               7777

 1    bill, more beneficial to recycle in more 

 2    conventional ways.  But again, that technology 

 3    could evolve over time.  

 4                 And again, if I were in that 

 5    business and somebody had -- and I thought there 

 6    was some useful material in mattresses that I 

 7    could put through that process, it would probably 

 8    be beneficial for me to have a program like this 

 9    where all the mattresses are getting collected 

10    and I can certainly buy the materials I want to 

11    process.  

12                 But again, the industry itself that 

13    would be responsible for recycling has not 

14    objected.  I know the Chemistry Council, which I 

15    think has a larger fight over the role of 

16    pyrolysis in the world, has -- you know, is 

17    critical of that aspect of this bill.

18                 SENATOR BORRELLO:   Madam President, 

19    will the sponsor continue to yield?

20                 ACTING PRESIDENT PERSAUD:   Will the 

21    sponsor yield?

22                 SENATOR KAVANAGH:   Yes, 

23    Madam President.

24                 ACTING PRESIDENT PERSAUD:   The 

25    sponsor yields.


                                                               7778

 1                 SENATOR BORRELLO:   So I think we're 

 2    all trying to head towards advanced recycling 

 3    technology.  It's really going to be the only way 

 4    we're going to able to address all the concerns 

 5    that we hear here about things like single-use 

 6    plastics and, you know, big-ticket items like 

 7    this that are made up of a lot of material.  

 8                 So are we restricting the use of 

 9    pyrolysis as part of this recycling?  Or are we 

10    simply saying, you know, it could be an option 

11    but just not the -- not -- technology is not 

12    quite ready yet?  I just want to make sure 

13    we're -- what the guardrails are.

14                 SENATOR KAVANAGH:   Through you, 

15    Madam President.  There's nothing in this bill 

16    that would prevent somebody from using pyrolysis 

17    or any other chemical treatment of materials that 

18    are extracted from used mattresses.  

19                 But mattresses are made up of, you 

20    know, metal, wood, cloth, a whole bunch of 

21    materials, most of which would not be subject to 

22    pyrolysis one way or the other.  

23                 The bill mere -- the purpose of 

24    having a recycling definition in this is to give 

25    specificity to the recycling targets that have to 


                                                               7779

 1    be met.  So there's no point, now or in the 

 2    future, where 100 percent of mattresses would 

 3    have to be recycled.  But there's a target for 

 4    the number that have to be recycled.  And we want 

 5    to make sure that that target is being met by 

 6    processes that we are confident are 

 7    environmentally sustainable and responsible.  

 8                 But again, there's nothing in this 

 9    bill that suggests people shouldn't try to -- you 

10    know, Eastman or other companies that are 

11    involved in setting up facilities to reprocess 

12    chemicals and other things would still be 

13    entirely free to do.  There's no restriction on 

14    that activity in this bill.

15                 SENATOR BORRELLO:   Great.  

16                 Madam President, on the bill.

17                 ACTING PRESIDENT PERSAUD:   Senator 

18    Borrello on the bill.

19                 SENATOR BORRELLO:   Again, this may 

20    be our last debate, Senator Kavanagh.  And this 

21    one has been a real doozy -- I think our fifth 

22    time now that we've debated this.  

23                 But thank you again.  Once again, 

24    you know, you are very knowledgeable on the bills 

25    that you support, so -- and I also want to 


                                                               7780

 1    compliment you on listening to the industry and 

 2    making those adjustments that they have asked 

 3    for.

 4                 Nothing is perfect.  And I think 

 5    that the responses, the reactions that I've 

 6    gotten are that this is better.  In the end, it's 

 7    still a producer responsibility bill which still 

 8    has some concerns for me.  However, it's much 

 9    better than it was before.  

10                 And I really think we need to look 

11    down the road that if we are going to truly 

12    address this issue of the disposable society that 

13    we now live in, that we really need to embrace 

14    advanced manufacturing technology.  And my 

15    understanding is pyrolysis has been around for 

16    centuries, if not thousands of years, in one form 

17    or another.  

18                 So it certainly should be something 

19    that we look toward the future as an option so we 

20    can do things like this.  And again, you know, 

21    taking plastic and making sure that we can 

22    actually reuse it as many times as possible.  

23                 So a lot of consternation originally 

24    on this bill, but it seems to be much better, 

25    Madam President.  So we'll see how that goes.  


                                                               7781

 1                 Thanks.

 2                 ACTING PRESIDENT PERSAUD:   Are 

 3    there any other Senators wishing to be heard?  

 4                 Seeing and hearing none, debate is 

 5    closed.  

 6                 The Secretary will ring the bell.  

 7                 Read the last section.  

 8                 THE SECRETARY:   Section 3.  This 

 9    act shall take effect immediately.  

10                 ACTING PRESIDENT PERSAUD:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT PERSAUD:   Senator 

14    Walczyk to explain his vote.

15                 SENATOR WALCZYK:   Thank you, 

16    Madam President.  

17                 And I know that the sponsor of this 

18    bill will be moving on to greener pastures.  But 

19    I will say, about the sponsor, he's been a 

20    thoughtful legislator, intelligent and 

21    hardworking.  We don't always agree on policies, 

22    and certainly we've had spirited debates on this 

23    bill in particular in the past, some of them 

24    memorable.  

25                 But he's always been open to 


                                                               7782

 1    conversation and listening, whether it be to the 

 2    industry or the constituency or even legislators 

 3    on the other side of the aisle with ideas.  I 

 4    think there's a lot of lessons to be learned from 

 5    your leadership from that perspective.  

 6                 Unfortunately, I vote no, 

 7    Madam President.  

 8                 (Laughter.)

 9                 ACTING PRESIDENT PERSAUD:   Senator 

10    Walczyk to be recorded in the negative.

11                 Announce the results.

12                 THE SECRETARY:   In relation to 

13    Calendar 644, voting in the negative are 

14    Senators Bynoe, Chan, Gallivan, Griffo, Martinez, 

15    Martins, Mattera, Murray, Oberacker, Ortt, 

16    Rhoads, Ryan, Stec, Tedisco, Walczyk, Weber and 

17    Weik.  Also Senator Lanza.  

18                 Ayes, 42.  Nays, 18.

19                 ACTING PRESIDENT PERSAUD:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    1094, Senate Print 6230C, by Senator Webb, an act 

23    to amend the Public Health Law.

24                 ACTING PRESIDENT PERSAUD:   Senator 

25    Weik, why do you rise? 


                                                               7783

 1                 SENATOR WEIK:   Madam President, I'm 

 2    wondering if the sponsor would yield.  I have but 

 3    one question.

 4                 SENATOR WEBB:   Yes.  Through you, 

 5    Madam President, I will yield.

 6                 ACTING PRESIDENT PERSAUD:   The 

 7    sponsor yields.

 8                 SENATOR WEIK:   Thank you.  

 9                 This bill authorizes camp operators 

10    and employees who are 18 years of age or older to 

11    administer medications and treatment to children 

12    in certain circumstances.  Those medications 

13    include pain relief, motion sickness, drugs to 

14    treat asthma, epilepsy, anaphylaxis.

15                 I'm curious, with employees who are 

16    18, 19, 20, they may not be familiar with how to 

17    dispense nasal spray, an inhaler, or an EpiPen.  

18    Does this bill provide training to administer 

19    those medications properly? 

20                 SENATOR WEBB:   Through you, 

21    Madam President.  They do, and it's under the 

22    direction of the nurse and the individual's 

23    primary care physician.

24                 SENATOR WEIK:   Thank you, 

25    Madam President.  I actually -- if I may, I have 


                                                               7784

 1    one more question.

 2                 (Laughter.)

 3                 ACTING PRESIDENT PERSAUD:   Will the 

 4    sponsor yield?

 5                 SENATOR WEIK:   Could you just tell 

 6    me where in the bill --

 7                 ACTING PRESIDENT PERSAUD:   Will the 

 8    sponsor yield?

 9                 SENATOR WEIK:   Do you yield?  I'm 

10    sorry.  

11                 SENATOR WEBB:   I'm a little 50/50 

12    on it, honestly -- 

13                 (Laughter.)

14                 SENATOR WEBB:   No, I will yield, 

15    Madam President.

16                 ACTING PRESIDENT PERSAUD:   The 

17    sponsor yields.  

18                 SENATOR WEIK:   Thank you, 

19    Senator Webb.  

20                 Can you just tell me where in the 

21    bill it says that they're going to receive that 

22    training?  

23                 SENATOR WEBB:   Through you, 

24    Madam President, although training isn't 

25    specifically spelled out in the bill, but most 


                                                               7785

 1    certainly the oversight with respect to doctor's 

 2    orders, also the nurse, is most certainly spelled 

 3    out.

 4                 I will also say, Madam President, 

 5    that for any administering of services that camp 

 6    counselors provide -- I know some folks in the 

 7    chamber have maybe served as camp counselors, or 

 8    most certainly attended camp -- that there's 

 9    always training, even for things like CPR and 

10    other things of that nature.

11                 SENATOR WEIK:   Thank you, 

12    Madam President.  Thank you, Senator.

13                 SENATOR WEBB:   No problem.

14                 ACTING PRESIDENT PERSAUD:   Are 

15    there any other Senators wishing to be heard?

16                 Seeing and hearing none, debate is 

17    closed.

18                 Senator Gianaris.  

19                 SENATOR GIANARIS:   Madam President, 

20    we've agreed to restore this bill to the 

21    noncontroversial calendar.

22                 ACTING PRESIDENT PERSAUD:   The bill 

23    will be restored to the noncontroversial 

24    calendar.

25                 Read the last section.


                                                               7786

 1                 THE SECRETARY:   Section 3.  This 

 2    act shall take effect on the 180th day after it 

 3    shall have become a law.

 4                 ACTING PRESIDENT PERSAUD:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT PERSAUD:   Announce 

 8    the results.

 9                 THE SECRETARY:   Ayes, 60.

10                 ACTING PRESIDENT PERSAUD:   Excuse 

11    me.  Senator Webb to explain her vote.

12                 SENATOR WEBB:   Thank you, 

13    Madam President.  

14                 And thank you, Senator Weik, for 

15    your questions.  Always good to clarify things.  

16    And I know this is your last session, so thank 

17    you for most certainly being our ranker an 

18    Women's Issues.

19                 But to the bill, Madam President, as 

20    I mentioned, we know that going to camp is a 

21    great experience for a number of children across 

22    our state, especially, you know, when you think 

23    about summer break.  And for those who actually 

24    get the opportunity to go to summer camp, it's an 

25    opportunity to connect with new friends, also to 


                                                               7787

 1    step outside of your comfort zone, learn new 

 2    skills.  And your parents aren't with you at that 

 3    time.

 4                 But this means that many of our 

 5    children who are going to camp who may have 

 6    health issues are often not given the same 

 7    opportunities.  And so what this bill intends to 

 8    do is that currently our law prohibits camp staff 

 9    who are not licensed nurses from administering 

10    any medication, even simple ones such as Tylenol 

11    or Benadryl or even topical creams for poison 

12    ivy.  This is medication that any parent would 

13    provide without a second thought at home.

14                 In 2003 we saw this gap when we 

15    passed similar legislation that allowed licensed 

16    daycare employees to administer medications, 

17    emphasis on when it's approved by a parent or a 

18    guardian.  And camp counselors deserve that same 

19    trust, and this bill would most certainly give 

20    them that.  

21                 Camp counselors are trained 

22    professionals.  They're required to complete 

23    first aid training that includes lessons on how 

24    to administer epinephrine and CPR.  And if we 

25    trust them most certainly to respond to 


                                                               7788

 1    life-threatening emergencies, we can most 

 2    certainly trust them to give a child ointment for 

 3    poison ivy -- again, given guidance by medical 

 4    practitioners.  

 5                 So again, this is commonsense 

 6    legislation.  I want to thank the Assembly 

 7    sponsor on this bill, Assemblymember Paulin, and 

 8    also the Camp Counselor Association of New York, 

 9    who also pushed for this bill, along with 

10    Epilepsy Coalition of New York State and other 

11    advocates.  

12                 I vote aye, and I encourage my 

13    colleagues to do the same.

14                 Thank you, Madam President.

15                 ACTING PRESIDENT MAYER:   Senator 

16    Webb to be recorded in the affirmative.

17                 Announce the results.

18                 THE SECRETARY:   Ayes, 60.

19                 ACTING PRESIDENT MAYER:   The bill 

20    is passed.  

21                 THE SECRETARY:   Calendar Number 

22    1353, Assembly Bill Number 6285, by 

23    Assemblymember Otis, an act to amend the 

24    Public Service Law.

25                 ACTING PRESIDENT MAYER:   Senator 


                                                               7789

 1    Rhoads, why do you rise? 

 2                 SENATOR RHOADS:   Hello, 

 3    Madam President.  I was hoping that 

 4    Senator Comrie might be willing to yield to a few 

 5    questions.

 6                 ACTING PRESIDENT MAYER:   Senator 

 7    Comrie, do you yield?

 8                 SENATOR COMRIE:   Yes.

 9                 ACTING PRESIDENT MAYER:   The 

10    Senator yields.

11                 SENATOR RHOADS:   Thank you, 

12    Senator, I appreciate it.

13                 (Off-mic exchange; laughter.)

14                 SENATOR RHOADS:   Senator, my 

15    understanding is that this bill actually amends 

16    the Public Service Law to add a requirement that 

17    the electric corporations and utilities submit an 

18    emergency response plan that includes time-based 

19    restoration schedules.  

20                 Can you explain why this bill is 

21    necessary?

22                 SENATOR COMRIE:   Through you, 

23    Madam President.  After the last storms, outage 

24    periods have grown as utility companies have 

25    become more dependent on mutual aid from other 


                                                               7790

 1    parts of the country.  

 2                 This bill would only work to address 

 3    those issues upfront, try to pre-predict the 

 4    issues so that they could reduce the cost of 

 5    reaching out to these emergency services, as 

 6    opposed to waiting until after a disaster to 

 7    reach out to other states for help.  

 8                 Unfortunately, storms are getting 

 9    worse and the possibility for major outages are 

10    continuing to get worse year after year.  We're 

11    entering into a hurricane season this year that 

12    expects to be -- fortunately -- I'm told not as 

13    bad, but we want to make sure that when a utility 

14    company does make a plan, that they incorporate 

15    emergency services from other states in their 

16    plan, hopefully to save money overall.

17                 SENATOR RHOADS:   Will the sponsor 

18    continue to yield? 

19                 ACTING PRESIDENT MAYER:   Do you 

20    continue to yield?

21                 SENATOR COMRIE:   Yes.

22                 ACTING PRESIDENT MAYER:  The sponsor 

23    yields.

24                 SENATOR RHOADS:   Through you, 

25    Madam President.  


                                                               7791

 1                 It's my understanding that based on 

 2    the law as it exists without this amendment, 

 3    utilities are already required to submit an 

 4    emergency response plan.  Is that not correct?

 5                 SENATOR COMRIE:   Yes.  They're 

 6    already -- I'm sorry, through you, 

 7    Madam President, they're already required to 

 8    submit a plan.  This would just require them to 

 9    include more detail to make sure that if there's 

10    a major emergency, that they have a built-in plan 

11    to get help from other entities.  

12                 SENATOR RHOADS:   And will the 

13    sponsor continue to yield?

14                 SENATOR COMRIE:   Yes.

15                 ACTING PRESIDENT MAYER:   The 

16    sponsor yields.

17                 SENATOR RHOADS:   Looking at the 

18    bill specifically with respect to page 1 of the 

19    legislation, line 16, it talks about emergency 

20    response plans should include details of 

21    staffing, equipment, and a performance schedule 

22    with the goal of achieving restoration of service 

23    based on a time-based restoration schedule.

24                 What do you mean by a time-based 

25    restoration schedule?  


                                                               7792

 1                 SENATOR COMRIE:   Through you, 

 2    Madam President -- one moment.  

 3                 (Pause.)

 4                 SENATOR COMRIE:   Right now the 

 5    Public Service Commission has been working to try 

 6    to create a timeline for outages to make sure 

 7    that service is restored as soon as possible to 

 8    customers, that customers are not going 72 hours 

 9    or more without service.  

10                 And this is an attempt to try to 

11    pre-predict these things according to a schedule 

12    or algorithm that they're coming up with.

13                 SENATOR RHOADS:   And will the 

14    sponsor continue to yield?

15                 ACTING PRESIDENT MAYER:   Do you 

16    continue to yield?

17                 SENATOR COMRIE:   Yes.

18                 ACTING PRESIDENT MAYER:   The 

19    sponsor yields.

20                 SENATOR RHOADS:   And so is the 

21    time-based restoration goal or schedule, am I 

22    correct in my understanding that it would sort of 

23    be a concept of first person out of power is the 

24    first person restored?  Is that essentially what 

25    that means?


                                                               7793

 1                 SENATOR COMRIE:   Essentially, yes.  

 2    Through you, Madam President.

 3                 SENATOR RHOADS:   And will the 

 4    sponsor continue to yield?

 5                 ACTING PRESIDENT MAYER:   Do you 

 6    continue to yield?

 7                 SENATOR COMRIE:   Yes.

 8                 ACTING PRESIDENT MAYER:   The 

 9    sponsor yields.

10                 SENATOR RHOADS:   There are other 

11    factors, though, that are considered in the 

12    existing law that utilities are supposed to 

13    include when submitting to the commission their 

14    emergency response plan, such as individuals with 

15    critical medical equipment, hospitals, facilities 

16    that have essential electricity needs like 

17    telecommunication companies, critical 

18    transportation needs, distribution companies.  

19                 They're supposed to also consider 

20    employee safety.  They're supposed to prioritize, 

21    for example, when there are areas with downed 

22    wires, because that obviously is a safety 

23    concern.

24                 How do -- how do those -- what if 

25    those instances, if they're supposed to consider 


                                                               7794

 1    that in their response plan as well, don't 

 2    necessarily mesh with the time-based restoration 

 3    plan?

 4                 SENATOR COMRIE:   Through you, 

 5    Madam President, I would defer to actually -- I 

 6    would take -- I don't agree, Senator.

 7                 I think that as they are putting 

 8    together their plan they have to put those items 

 9    in place and have to make an assessment of those 

10    items.  They have to continually check with the 

11    hospitals and with folks with specialized medical 

12    equipment at their home every year.  

13                 This is trying to just put -- 

14    categorize all of that and document all of that 

15    so that they can be better prepared ahead of time 

16    when there's an emergency.  

17                 This does not negate any of those 

18    issues, it only enhances the ability, which is 

19    what they're trying to do, for the Public Service 

20    Commission to understand how effective the 

21    utility could be at making total repairs, 

22    understanding that every storm has different 

23    variables, as you said, but to do their best to 

24    make a complete restoration as soon as possible.

25                 SENATOR RHOADS:   Will the sponsor 


                                                               7795

 1    continue to yield?

 2                 SENATOR COMRIE:   Yes.

 3                 ACTING PRESIDENT MAYER:   The 

 4    sponsor yields.

 5                 SENATOR RHOADS:   Based upon those 

 6    variables, though -- for example, if roads are 

 7    blocked by downed trees, if it does become a 

 8    safety hazard for workers because of flooding, 

 9    for example, do you think it's feasible to create 

10    a time-based restoration schedule for utilities 

11    to follow when there are so many variables that 

12    they would have to consider?

13                 (Pause.)

14                 SENATOR COMRIE:   Sorry, I was just 

15    checking on a reference.  Can you say the last 

16    part of that question again?

17                 SENATOR RHOADS:   Sure.  Sure.  

18                 Obviously we're in agreement that 

19    there are -- every storm is different, there are 

20    different variables, there are different 

21    circumstances that are beyond the control of a 

22    utility.  For example, if there is flooding in a 

23    particular area, or if there are downed trees, if 

24    there's a public safety reason why it's unsafe 

25    for utility workers to be able to go into an 


                                                               7796

 1    area, those factors would be inconsistent with a 

 2    time-based restoration system.  

 3                 Is it really feasible to create a 

 4    time-based restoration system when you have a 

 5    wide variety of factors that may come into play 

 6    that have to account in any emergency response 

 7    plan?

 8                 SENATOR COMRIE:   Through you, 

 9    Madam President.  This is aspirational.  This is 

10    an opportunity for the utilities to do a detailed 

11    study, and also to inform the Public Service 

12    Commission of worst-case scenarios so that they 

13    can pre-plan to go to other states to be able to 

14    get the supplemental help, so that the 

15    supplemental help can be built into the plan.  

16                 But as you -- storms are 

17    unpredictable.  Utilities and light poles are 

18    unpredictable.  So you can never have a 

19    100 percent plan.  This is aspirational and is 

20    asking the utilities to do more in their 

21    assessment while they're planning for a disaster 

22    from a breakdown of services.

23                 SENATOR RHOADS:   Thank you, 

24    Senator Comrie.  

25                 On the bill, Madam President.


                                                               7797

 1                 ACTING PRESIDENT MAYER:   Senator 

 2    Rhoads on the bill.

 3                 SENATOR RHOADS:   Yeah, I certainly 

 4    understand the motivation behind the bill.  We've 

 5    all had the experience where the power has gone 

 6    out at our homes.  If you don't have a backup 

 7    generator, it's always frustrating when your 

 8    lights go out at 9 o'clock at night and you wake 

 9    up the following morning and see that your lights 

10    are still out.  We all want to get our service 

11    restored as quickly as possible.  We all feel the 

12    same way.

13                 From the perspective of a utility 

14    company, however, the way they generally operate 

15    is not based on first person out, first person 

16    restored.  It's about trying to do the most good 

17    for the largest number of people that you can.  

18                 Which is why the law as it exists 

19    today calls on them to consider individuals that 

20    have -- and individual homes that have 

21    life-threatening conditions that need restoration 

22    of power in an expedient fashion.  

23                 It's why they have to consider major 

24    hospitals.  It's why they have to consider 

25    telecommunications.  It's why they have to 


                                                               7798

 1    consider things that provide vital services in an 

 2    emergency and address those situations first 

 3    before they can move on.  

 4                 It's also why, if they have the 

 5    ability to -- if you have 50,000 customers that 

 6    are out and 40,000 of those customers are out 

 7    because of a large-scale situation that they're 

 8    dealing with in a particular part of their 

 9    district, they want to focus their resources 

10    first not necessarily on the first person that 

11    lost power, they want to focus their resources on 

12    how quickly can they restore power to the 40,000 

13    and then worry about the 10,000 individual cases 

14    where it may be one pole down or a wire down on 

15    someone's house.  

16                 They try and account for the scale 

17    and how quickly they can restore power by 

18    addressing the most critical needs first that 

19    will restore power to the largest number of 

20    people.

21                 By requiring these emergency plans 

22    to actually focus on a first-in, first-fixed 

23    basis, a time -- a time basis, we're kind of 

24    doing the exact opposite and asking them to do 

25    two completely contrary things.  


                                                               7799

 1                 In a perfect world, yes, it would be 

 2    wonderful if your power goes out first, you're 

 3    the first one that gets restored.  But that's 

 4    just not the way the system was designed to work 

 5    and really is counter to the way the system is 

 6    designed to work.  Because, again, you want to 

 7    maintain critical services, you want to provide 

 8    to the people that are in the greatest needs.  

 9    That's where the attention should be focused 

10    first.  

11                 It also doesn't account for the fact 

12    that you are putting the worker's safety, in 

13    certain circumstances, in jeopardy.  

14                 I think by switching to -- by 

15    switching to and requiring utilities to switch to 

16    a time-based accounting, service-time-based 

17    accounting in their emergency plan, you're doing 

18    a -- you're in many instances doing a disservice 

19    to not only the utilities, but to worker safety 

20    and to the consumer who ultimately wants to have 

21    their power restored as quickly as possible.  

22                 So thank you, Madam President.  I'll 

23    be voting no.  I would encourage my colleagues to 

24    do the same.

25                 ACTING PRESIDENT MAYER:   Thank you, 


                                                               7800

 1    Senator Rhoads.

 2                 Are there any other Senators wishing 

 3    to be heard?

 4                 Seeing and hearing none, debate is 

 5    closed.

 6                 Senator Gianaris.  

 7                 SENATOR GIANARIS:   Madam President, 

 8    we've agreed to restore this bill to the 

 9    noncontroversial calendar.

10                 ACTING PRESIDENT MAYER:   The bill 

11    has been restored to the noncontroversial 

12    calendar.  

13                 Read the last section.  

14                 THE SECRETARY:   Section 2.  This 

15    act shall take effect immediately.  

16                 ACTING PRESIDENT MAYER:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT MAYER:   Senator 

20    Comrie to explain his vote.

21                 SENATOR COMRIE:   Yes, thank you, 

22    Madam President.  

23                 I do believe that as technology has 

24    become more sophisticated in the ability to do 

25    prediction services, it's more sophisticated, 


                                                               7801

 1    it's important that the utilities try to use 

 2    every means necessary to preplan.  

 3                 I don't disagree with Senator Rhoads 

 4    that we need to make sure that the utilities have 

 5    the latitude.  I just want to remind folks that 

 6    this is not -- there's no penalties associated 

 7    with this.  This is aspirational.  We're asking 

 8    the utilities to be predictive so that when they 

 9    do need to reach out to other entities, that they 

10    can preplan that during that the year, as opposed 

11    to doing it on an emergency basis, which would 

12    cost more money.  

13                 I do agree with Senator Rhoads that 

14    we need to make sure that these utilities are 

15    taking care of the most egregious areas first, 

16    and hopefully the Public Service Commission and 

17    the utilities can make sure that those plans are 

18    in the works.  

19                 But I just want to assure folks that 

20    we're not asking for penalties for this.  We're 

21    not looking to put any undue burden on the 

22    utilities.  We would just ask them to come up 

23    with better predictive models.  

24                 Thank you, Madam President.

25                 ACTING PRESIDENT MAYER:   Senator 


                                                               7802

 1    Comrie to be recorded in the affirmative.

 2                 Announce the results.  

 3                 THE SECRETARY:   In relation to 

 4    Calendar 1353, voting in the negative are 

 5    Senators Borrello, Helming, Murray, O'Mara, Ortt, 

 6    Rhoads and Walczyk.

 7                 Ayes, 53.  Nays, 7.

 8                 ACTING PRESIDENT MAYER:   The bill 

 9    is passed.

10                 SENATOR GIANARIS:   Madam President.

11                 ACTING PRESIDENT MAYER:   Senator 

12    Gianaris.

13                 SENATOR GIANARIS:   The Minority has 

14    agreed to remove the lay-aside on Calendar 1410.  

15    Let's restore that to the noncontroversial 

16    calendar and take that up, please.  

17                 ACTING PRESIDENT MAYER:   The bill 

18    is restored to the noncontroversial calendar.

19                 The Secretary will read.

20                 THE SECRETARY:   Calendar Number 

21    1410, Assembly Bill Number 9140, by 

22    Assemblymember Rosenthal, an act to amend the 

23    Public Health Law.

24                 ACTING PRESIDENT MAYER:   Read the 

25    last section.


                                                               7803

 1                 THE SECRETARY:   Section 2.  This 

 2    act shall take effect immediately.  

 3                 ACTING PRESIDENT MAYER:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT BAILEY:   Announce 

 7    the results.

 8                 THE SECRETARY:   In relation to 

 9    Calendar Number 1410, voting in the negative are 

10    Senators Borrello, Canzoneri-Fitzpatrick, 

11    Helming, Lanza, Martins, Oberacker, Ortt, Rhoads, 

12    Rolison and Weber.

13                 Ayes, 50.  Nays, 10.

14                 ACTING PRESIDENT BAILEY:   The bill 

15    is passed.

16                 Senator Gianaris.  

17                 THE SECRETARY:   Oh, sorry.  Also 

18    Senator Mattera.  

19                 Ayes, 49.  Nays, 11.

20                 ACTING PRESIDENT BAILEY:   The bill 

21    remains passed.

22                 Senator Gianaris.

23                 SENATOR GIANARIS:   Mr. President, 

24    let's move on to Calendar 1613, please.  

25                 ACTING PRESIDENT BAILEY:   Calendar 


                                                               7804

 1    Number 1613.  

 2                 The Secretary will read.  

 3                 THE SECRETARY:   Calendar Number 

 4    1613, Senate Print 4602B, by Senator Gounardes, 

 5    an act to amend the Election Law.

 6                 ACTING PRESIDENT BAILEY:   Senator 

 7    Stec, why do you rise?

 8                 SENATOR STEC:   I just walked in the 

 9    chamber, Mr. President.  I don't have anything 

10    for you.  Have a good evening.

11                 (Laughter.)

12                 ACTING PRESIDENT BAILEY:   Thank 

13    you, sir.

14                 (Pause; laughter.)

15                 ACTING PRESIDENT BAILEY:   I knew 

16    somebody had it.  I'm not doing this for my 

17    health either.

18                 (Laughter.)

19                 ACTING PRESIDENT BAILEY:   

20    Senator Walczyk, why do you rise?

21                 SENATOR WALCZYK:   Mr. President, 

22    would the sponsor yield.

23                 ACTING PRESIDENT BAILEY:   Will the 

24    sponsor yield? 

25                 SENATOR GOUNARDES:   Certainly.


                                                               7805

 1                 ACTING PRESIDENT BAILEY:   The 

 2    sponsor yields.  

 3                 SENATOR WALCZYK:   I appreciate my 

 4    neighbor being a stand-in for a moment.

 5                 Through you, Mr. President.  This 

 6    bill is pretty technical in its nature.  We've 

 7    dealt with a lot of different elections bills 

 8    here.  But this would change Election Law to 

 9    address some rare scenarios.  And thank goodness 

10    that they're rare.  

11                 Currently if there's a delay or a 

12    disruption at the polling site for voting, 

13    bipartisan elections commissioners can appeal to 

14    a local judge who is on call on Election Day, get 

15    an extension or a remedy for whatever disruption 

16    there was.  It could be additional voting time 

17    that day or, in the case of early voting, on 

18    another day.  

19                 Or if this is a massive thing -- and 

20    New York State has experienced some of these on 

21    the primary in 2001 -- a massive thing, the 

22    Governor could declare a state of emergency and 

23    then that would allow us to have a different 

24    scenario for voting.  

25                 What will this bill change when it 


                                                               7806

 1    comes to handling disruptions to our elections?  

 2                 (Pause.)

 3                 SENATOR GOUNARDES:   Through you, 

 4    Mr. President, I appreciate my colleague's 

 5    indulgence.  

 6                 What this bill does is it errs on 

 7    the side of presumption, allowing for -- in the 

 8    case that any voter is not able, because of a 

 9    disruption at a poll site that is greater than 

10    one hour, the presumption would automatically be 

11    that the time for voting on that day or if -- to 

12    the extent practicable, would be extended by that 

13    same period of time that the disruption prevented 

14    someone from voting.  

15                 And that would be an automatic 

16    presumption that would then not require anyone to 

17    have to document the disruption, go get a lawyer, 

18    go to court, try to get before a judge to get an 

19    emergency order.  

20                 And it would provide a uniform 

21    standard across the state erring on the 

22    presumption that if there is a disruption that's 

23    greater than one hour, the presumption would be 

24    that that time would automatically be extended.

25                 SENATOR WALCZYK:   And through you, 


                                                               7807

 1    Mr. President, will the sponsor continue to 

 2    yield?

 3                 ACTING PRESIDENT BAILEY:   Will the 

 4    sponsor yield?

 5                 SENATOR GOUNARDES:   I do.

 6                 ACTING PRESIDENT BAILEY:   The 

 7    sponsor yields.

 8                 SENATOR WALCZYK:   Was this at the 

 9    request of the elections commissioners?  I know 

10    they put out a policy agenda -- the Democrat 

11    commissioners and Republican commissioners get 

12    together and they put together a priority list of 

13    things that they agree on.  Was this a part of 

14    that list?

15                 SENATOR GOUNARDES:   Through you, 

16    Mr. President.  Not to my knowledge.  

17                 Though I will say we have the public 

18    support of a number of election commissioners 

19    throughout the state, as well as a number of good 

20    government and election reform organizations as 

21    well.

22                 SENATOR WALCZYK:   And through you, 

23    Mr. President, would the sponsor continue to 

24    yield?

25                 ACTING PRESIDENT BAILEY:   Will the 


                                                               7808

 1    sponsor yield?

 2                 SENATOR GOUNARDES:   Gladly.

 3                 ACTING PRESIDENT BAILEY:   The 

 4    sponsor yields.  

 5                 SENATOR WALCZYK:   Through you, 

 6    Mr. President.  

 7                 In your sponsor's memo you 

 8    enumerated a handful of times where elections 

 9    have been disrupted in New York.  One of them you 

10    named -- in my district, actually, in 2022, there 

11    was a fire at a fire hall -- don't worry, 

12    everybody is okay -- an electrical fire that 

13    forced the Board of Elections to move that 

14    polling site temporarily.  They said there was 

15    one voter at the fire hall at the time.  

16                 Would this have triggered that?  

17    Because what they had to do is they let that 

18    voter actually -- they moved the machines 

19    outside, let that voter vote, and then announced 

20    that they would be moving to the DPW, to the 

21    highway department's location not far away.  

22    Alerted the public, put up good signage.  

23                 Both the Republican and Democrat 

24    elections commissioners came up with this 

25    secondary plan.  Voting wasn't really disturbed.  


                                                               7809

 1    Nobody was inconvenienced.  They saw it as a way 

 2    to handle it flexibly on Election Day without 

 3    having a provision like this.  

 4                 Would this force them to have an 

 5    hour of additional voting that day?  

 6                 SENATOR GOUNARDES:   Through you, 

 7    Mr. President.  

 8                 While I'm glad to hear that there 

 9    was a minimal disruption in the circumstance, the 

10    election disruption that occurred in the 

11    Senator's district, if the fire caused a 

12    disruption where a vote could not be cast for a 

13    period of greater than one hour, it would 

14    automatically extend the time by one additional 

15    hour or whatever time the delay caused by the 

16    disruption was.

17                 SENATOR WALCZYK:   And through you, 

18    Mr. President, would the sponsor yield?

19                 SENATOR GOUNARDES:   Sure.

20                 ACTING PRESIDENT BAILEY:   Will the 

21    sponsor yield?

22                 SENATOR GOUNARDES:   I do.

23                 ACTING PRESIDENT BAILEY:   The 

24    sponsor yields.

25                 SENATOR WALCZYK:   Through you, 


                                                               7810

 1    Mr. President.  

 2                 So it's just the -- because 

 3    currently two commissioners, the Republican and 

 4    Democrat commissioner, can go to a judge, and 

 5    there are judges on standby.  It's really that 

 6    friction that you're looking to alleviate.  

 7                 Is that the goal of this bill?

 8                 SENATOR GOUNARDES:   Through you, 

 9    Mr. President, just to clarify, the friction my 

10    colleague is talking about between the 

11    commissioners and the judge or the -- I just want 

12    to clarify what point in the process you're 

13    alluding to.

14                 SENATOR WALCZYK:   Yeah, just 

15    that -- through you, Mr. President, I'll clarify.

16                 ACTING PRESIDENT BAILEY:   By all 

17    means.

18                 SENATOR WALCZYK:   Just the current 

19    situation where there has to be a bipartisan 

20    agreement, they go to a judge and they say, Okay, 

21    this is our plan to ensure that there's no 

22    disruption, or here's how we would like to remedy 

23    any disruption.  

24                 Is it the fact that they have to 

25    agree or the fact that they have to go to a 


                                                               7811

 1    judge?  Why are we making it automatic in -- 

 2    yeah, I guess that's the question.  Why are we 

 3    making this automatic and eliminating that?

 4                 SENATOR GOUNARDES:   Through you, 

 5    Mr. President.  

 6                 We believe that people should be 

 7    able to vote and that there should be no 

 8    circumstances that prevent them or limit their 

 9    ability to vote.  And that when there are 

10    circumstances, whether it be a fire, whether it 

11    be a -- there's an example of a car crashing 

12    through a polling location, whether it be 

13    machines that are not working for several hours, 

14    as occurred in Senator Skoufis's district, or a 

15    bomb threat that happened in East Harlem during 

16    the gubernatorial race several years ago.  Last 

17    year in New Jersey several poll sites were 

18    swatted, fake bomb threats called in.  

19                 That impacts the ability of people 

20    to cast a meaningful vote in that given election.  

21    And so what we are trying to do here -- and I'm 

22    glad that the circumstance worked out in the 

23    example that you cited.  It seemed to be, by your 

24    telling, relatively frictionless.  

25                 There are other examples where the 


                                                               7812

 1    disruption caused or prevented anyone from 

 2    casting a vote for several hours, there was no 

 3    extension of time in that circumstance.  And, you 

 4    know, in that case if a voter had wanted to cast 

 5    a vote or if an aggrieved party had wanted to 

 6    cast a vote but was unable to, they would then be 

 7    forced to have to go to court themselves to say 

 8    that they were prevented from the ability of 

 9    voting.

10                 And so we're trying to remove all of 

11    that process by creating the presumption of an 

12    extension, as long as it's greater than one hour.  

13    And that's really what we're trying to do here.  

14                 You know, like I said, because there 

15    have been a number of cases where voting time was 

16    not extended, we think that and we believe that 

17    the voting times that we have set out in statute 

18    between the early voting that we've created, 

19    Election Day voting, that that time is really 

20    important.  And so we want to make sure that no 

21    one is denied the opportunity to be able to cast 

22    their vote within the prescribed time periods.

23                 SENATOR WALCZYK:   Thank you, 

24    Mr. President.  On the bill.

25                 ACTING PRESIDENT BAILEY:   Senator 


                                                               7813

 1    Walczyk on the bill.

 2                 SENATOR WALCZYK:   And appreciate my 

 3    colleague looking to attempt {sic} a problem on 

 4    our elections.  I don't really see it the same 

 5    way.  In talking to elections commissioners, I 

 6    haven't really -- this hasn't come up as an issue 

 7    that they've seen.  

 8                 We currently have a system where 

 9    there needs to be bipartisan agreement rather 

10    than automatic changes in these very rare 

11    scenarios.  It doesn't really make sense to me to 

12    impose this automatically.  

13                 And it also doesn't make sense to 

14    involve the Attorney General in the process.  It 

15    doesn't make sense to impose a number of new 

16    requirements on Board of Elections to meet when 

17    we already have a system where Republican and 

18    Democrat commissioners have to agree in such rare 

19    scenarios.  

20                 And I think if I'm going to voice a 

21    chief concern before you cast your votes, it's 

22    that the impact here, as well as these scenarios, 

23    are very rare.  If you make this automatic, you 

24    could run into more incidents where nefarious 

25    characters try to game the system for some kind 


                                                               7814

 1    of political advantage, actually creating some 

 2    kind of disruption at a polling site in order to 

 3    change the time lines.  

 4                 And without having the Republican 

 5    and Democrat commissioners have any control over 

 6    that scenario to make the decision for that 

 7    voting district and continue voting the way that 

 8    they agree to see fit, the way that it currently 

 9    sits in our law, I have those concerns.  

10                 So I'll be a no today and encourage 

11    my colleagues to consider that.

12                 Thank you, Mr. President.  

13                 ACTING PRESIDENT BAILEY:   Thank 

14    you, Senator Walczyk.

15                 Any other Senators wishing to be 

16    heard?

17                 Seeing and hearing none, debate is 

18    closed.

19                 Senator Liu.  

20                 SENATOR LIU:   Mr. President, upon 

21    consent, we have agreed to restore this bill to 

22    the noncontroversial calendar.

23                 ACTING PRESIDENT BAILEY:   Upon 

24    consent, the bill is restored to the 

25    noncontroversial calendar.


                                                               7815

 1                 Read the last section.

 2                 THE SECRETARY:   Section 5.  This 

 3    act shall take effect immediately.

 4                 ACTING PRESIDENT BAILEY:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT BAILEY:   Senator 

 8    Gounardes to explain his vote.

 9                 SENATOR GOUNARDES:   Thank you, 

10    Mr. President.

11                 I appreciate my colleague's 

12    questions and his viewpoint.  And I just want to 

13    respond to the concern that he laid out.  

14                 I would argue that the current 

15    system right now in fact incentivizes the kind of 

16    behavior he's concerned that our change will 

17    bring about.  Because right now someone could, 

18    with nefarious intent, try to cause a disruption 

19    at a polling location, relying on the necessity 

20    of having a majority of the bipartisan board then 

21    proactively take the position that says, yes this 

22    delay needs to now go to a court in order to 

23    extend the time period, thereby creating more of 

24    an opportunity to cause mischief and mayhem in a 

25    polling location that might favor a candidate's 


                                                               7816

 1    opponent, with the hope of creating delay.  

 2                 What we are trying to do here is by 

 3    standardizing it and by creating the presumption 

 4    of an automatic extension, you eliminate the 

 5    incentive to have to rely on the Board of 

 6    Elections, then go into the court process that is 

 7    currently baked in law.  

 8                 I hope to God that we never have to 

 9    use this procedure and that this never comes to 

10    be, but we're trying to take a proactive stance 

11    here in the interest of making sure that no one, 

12    whether it's a thousand people or just one 

13    individual, loses their opportunity to cast a 

14    vote should a disruption like that we are 

15    contemplating occur.  

16                 And it's for those reasons, 

17    Mr. President, that I'm voting aye and that I 

18    would hope my colleagues would do the same.  

19                 Thank you.

20                 ACTING PRESIDENT BAILEY:   Senator 

21    Gounardes to be recorded in the affirmative.

22                 Announce the results.

23                 THE SECRETARY:   In relation to 

24    Calendar Number 1613, voting in the negative are 

25    Senators Ashby, Borrello, Canzoneri-Fitzpatrick, 


                                                               7817

 1    Chan, Gallivan, Griffo, Helming, Lanza, Martins, 

 2    Mattera, Murray, Oberacker, O'Mara, Ortt, 

 3    Palumbo, Rhoads, Rolison, Stec, Tedisco, Walczyk, 

 4    Weber and Weik.

 5                 Ayes, 38.  Nays, 22.

 6                 ACTING PRESIDENT BAILEY:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    1635, Senate Print 8451B, by Senator Fahy, an act 

10    to amend the General Business Law.

11                 ACTING PRESIDENT BAILEY:   Senator  

12    Borrello, why do you rise?

13                 SENATOR BORRELLO:   Mr. President, 

14    would the sponsor yield for some questions.

15                 ACTING PRESIDENT BAILEY:   Will the 

16    sponsor yield?

17                 SENATOR FAHY:   Certainly.

18                 ACTING PRESIDENT BAILEY:   The 

19    sponsor yields.  

20                 SENATOR BORRELLO:   Thank you.  

21    Through you, Mr. President.  

22                 So obviously trying to ensure people 

23    understand that something is generated through AI 

24    when they see it.  But my first question is, this 

25    is -- it is related strictly to news content, 


                                                               7818

 1    even sports and entertainment news would be 

 2    subject to this?  

 3                 SENATOR FAHY:   Where it's news and 

 4    media content, yes.

 5                 SENATOR BORRELLO:   Mr. President, 

 6    will the sponsor continue to yield?

 7                 ACTING PRESIDENT BAILEY:   Will the 

 8    sponsor yield? 

 9                 SENATOR FAHY:   Sure.

10                 ACTING PRESIDENT BAILEY:   The 

11    sponsor yields.

12                 SENATOR BORRELLO:   So, you know, 

13    look, news isn't what it was, you know, 30 years 

14    ago.  News comes, you know, from TikTok and other 

15    social media outlets.  It comes, you know, from a 

16    variety of sources from an old-fashioned printed 

17    newspaper to, you know, a short video on YouTube.  

18                 Would all of that be subject to 

19    this?

20                 SENATOR FAHY:   It's quite narrow, 

21    actually.  And this is just about disclosure.  

22    But where the content is generated or generative 

23    AI use, then it would be applicable.  Unless of 

24    course the content was eligible for copyright 

25    registration, and then the disclosure is not 


                                                               7819

 1    needed.

 2                 SENATOR BORRELLO:   Mr. President, 

 3    will the sponsor continue to yield?

 4                 ACTING PRESIDENT BAILEY:   Will the 

 5    sponsor yield?

 6                 SENATOR FAHY:   Certainly.

 7                 ACTING PRESIDENT BAILEY:   The 

 8    sponsor yields.  

 9                 SENATOR BORRELLO:   So, you know, as 

10    someone who has in my lifetime had patents, 

11    copyrights, something can be considered 

12    copyright-eligible, copyright pending, rights 

13    reserved -- there's different legal terms.  

14                 So what legal standard are you using 

15    to determine that is actually copyright-eligible?  

16                 SENATOR FAHY:   It's -- there's 

17    substantial case law on this where, if the 

18    content is eligible, such as news articles that 

19    are not AI-generated, other -- they're -- it's 

20    not applicable.  I'm not -- I'm not sure if 

21    you're -- I'm following your question.  

22                 ACTING PRESIDENT BAILEY:   Senator 

23    Borrello, if you don't mind clarifying, yes.

24                 SENATOR BORRELLO:   Yeah, let me 

25    clarify that.


                                                               7820

 1                 So you've said if it's eligible for 

 2    copyright, it will be exempt.  That doesn't mean 

 3    it's actually copyrighted, right?  You're saying 

 4    that it could be eligible for copyrighting, and 

 5    therefore it would be exempt.  I mean -- 

 6    honestly, I mean, people could claim that what 

 7    they're doing is copyright-eligible.  

 8                 You know, things have, you know, 

 9    typical rights reserved, which is kind of like 

10    pre-copyright.  You've got things that are called 

11    patent pending, which actually means that there's 

12    a patent application applied for.  It doesn't 

13    mean they're actually going to get a patent.  

14                 So that's a rather broad description 

15    for an exemption, don't you think?

16                 SENATOR FAHY:   Through you, 

17    Mr. President.  The standard is set by the 

18    U.S. Copyright Office.  

19                 But just to be clear, again, this is 

20    about generative AI.  And the bill is targeting 

21    content that is substantially composed or 

22    authored by generative AI, not ordinary 

23    technology assistance such as when we're using 

24    our phones and it automatically spell-checks and 

25    corrects -- you know, does the autocorrects.


                                                               7821

 1                 SENATOR BORRELLO:   Madam President 

 2    {sic}, does the sponsor continue to yield? 

 3                 ACTING PRESIDENT BAILEY:   Will the 

 4    sponsor yield?

 5                 SENATOR FAHY:   Certainly.

 6                 ACTING PRESIDENT BAILEY:   The 

 7    sponsor yields.

 8                 SENATOR BORRELLO:   So you're saying 

 9    that the terms in the bill are "substantially 

10    composed, authored, or otherwise created."  But 

11    that is not defined in the legislation.  

12                 Who's going to determine what 

13    "substantially" means?

14                 SENATOR FAHY:   "Substantially" 

15    is -- there's lots of case law on 

16    "substantially," including in the copyright law.  

17    And it's generally, again, where -- usually where 

18    it's most.  There's lots of case law on this, but 

19    again, substantially composed, authored, 

20    otherwise created.  This has -- you know, the 

21    legislation here is narrowly tailored to just 

22    require disclosure that it is.  

23                 So again, it's going -- the idea is 

24    the goal is to disclose this and make sure we 

25    have accountability.


                                                               7822

 1                 SENATOR BORRELLO:   Mr. President, 

 2    will the sponsor continue to yield?  

 3                 ACTING PRESIDENT BAILEY:   Will the 

 4    sponsor yield?

 5                 SENATOR FAHY:   Certainly.  

 6                 ACTING PRESIDENT BAILEY:   The 

 7    sponsor yields.  

 8                 SENATOR BORRELLO:   Okay.  So this 

 9    is obviously going to have to be something that's 

10    going to have to be enforced.  And I'm assuming 

11    it's the Attorney General's office, I think 

12    that's what the bill calls for.  

13                 So is the Attorney General going to 

14    have the authority to essentially examine all 

15    news content on any news media entity in New York 

16    State to see if the news was substantially made 

17    with AI?  

18                 SENATOR FAHY:   No, I'm sure it's -- 

19    through you, Mr. President, it's only where it 

20    would be challenged.

21                 And let me just quickly add we are 

22    seeing daily examples of AI-generated 

23    misinformation, fabricated reporting, we're 

24    seeing many accusations of plagiarism.  I mean, 

25    we are rather inundated in the -- AI just in the 


                                                               7823

 1    last few years has really shaken up our economy, 

 2    let alone our workforce, probably the biggest 

 3    shakeup since -- in many ways, since the 

 4    Industrial Revolution.  

 5                 But we have also seen that 

 6    AI-generated content is now estimated to be about 

 7    a 50-50 split between that that is generated by 

 8    humans -- in other words, human reporters -- 

 9    versus AI.  It's grown that exponentially.  And 

10    we have hundreds if not over a thousand sites 

11    that have already been cited as unreliable -- 

12    news sites, I should say.

13                 SENATOR BORRELLO:   Madam President 

14    {sic}, will the sponsor continue to yield? 

15                 ACTING PRESIDENT BAILEY:   Will the 

16    sponsor yield? 

17                 SENATOR FAHY:   Sure.

18                 ACTING PRESIDENT BAILEY:   The 

19    sponsor yields.  

20                 SENATOR BORRELLO:   So you used the 

21    term "unreliable news sites."  I mean, obviously 

22    anybody can say that they're a news organization, 

23    I get that.  

24                 But is this about informing people, 

25    or is this about, you know, maybe, in my opinion, 


                                                               7824

 1    going after free speech because you don't like a 

 2    particular news outlet?

 3                 SENATOR FAHY:   Through you, 

 4    Mr. President, this is absolutely not about going 

 5    after free speech.  

 6                 This is definitely about trying to 

 7    protect it as well as try to restore or maintain 

 8    some type of public confidence in what they are 

 9    reading.

10                 And as I mentioned, we have had a 

11    complete upheaval just in the last few years, 

12    given the shakeup in the economy over the 

13    explosive growth of the use of AI and 

14    AI-generated material.  For example, when I 

15    introduced this bill much earlier this year, or 

16    maybe last year -- when I introduced this bill I 

17    was immediately sent an alert that night saying 

18    the bill had passed and it was on a website -- 

19    instead of USA Today, it was National USA, a 

20    website coming across as a news site with no 

21    board of directors, no source, very clearly 

22    AI-generated and very clearly misrepresenting the 

23    fact that -- misrepresenting the matter by saying 

24    the bill had passed as opposed to just being 

25    introduced.


                                                               7825

 1                 So every day I think we are 

 2    inundated with content that does not have a human 

 3    element or human oversight or is not 

 4    human-generated.  And it's rather disturbing and 

 5    undermining trust in our media, which undermines 

 6    trust in our governing institutions as well.

 7                 SENATOR BORRELLO:   Mr. President, 

 8    will the sponsor continue to yield.

 9                 ACTING PRESIDENT BAILEY:   Will the 

10    sponsor yield?

11                 SENATOR FAHY:   Certainly, yes.

12                 ACTING PRESIDENT BAILEY:   The 

13    sponsor yields.

14                 SENATOR BORRELLO:   I mean, if 

15    someone wanted to print or put out a news story 

16    that you consider to be fake news, why would they 

17    need AI?  I mean, I don't understand how this is 

18    AI-related.  

19                 If someone's going to say something 

20    libelous, if they're going to plagiarize someone 

21    else, they don't need to use AI.  In fact, you 

22    know, that seems irrelevant to it.  

23                 What you're saying is is that there 

24    are news organizations or people that you don't 

25    feel are legitimate news organizations that are 


                                                               7826

 1    somehow going to be targeted, and the excuse will 

 2    be they used AI.  Isn't that kind of what you're 

 3    saying?  

 4                 SENATOR FAHY:   Through you, 

 5    Mr. President.  Yes, there is fake news.  We hear 

 6    a lot about that in the media these last couple 

 7    of years.  And it's anybody's -- you know, 

 8    there's many definitions of what that means.

 9                 What this bill is trying to get at 

10    is the explosive growth of AI-generated news that 

11    has -- does not have human oversight, human 

12    input, human creativity generating that.  And it 

13    is undermining a trust because so much of that is 

14    misinformation or often has lacked credibility 

15    with sources.  

16                 And Casey Seiler, the editor of the 

17    Times Union, has repeatedly written about how the 

18    Albany Times Union has paid reporters writing 

19    stories that end up being picked up in local 

20    outlets through AI generation that they are not 

21    credited for, nor are they compensated for.

22                 So that is what we are trying to get 

23    at here, is this need for disclosure.  This is 

24    really about disclosure and transparency.  It's 

25    pretty fundamental.  And that's the first step to 


                                                               7827

 1    really trying to get at what has been an 

 2    explosive growth.  And the responsibilities of 

 3    journalism cannot be replaced by algorithms that 

 4    cannot be fully trusted, and it's undermining 

 5    journalism.

 6                 SENATOR BORRELLO:   Mr. President, 

 7    will the sponsor continue to yield?  

 8                 ACTING PRESIDENT BAILEY:   Will the 

 9    sponsor yield?

10                 SENATOR FAHY:   Certainly.

11                 ACTING PRESIDENT BAILEY:   The 

12    sponsor yields.  

13                 SENATOR BORRELLO:   So I guess I'm 

14    trying to understand here.  You're saying that -- 

15    there's already laws in place to cover if someone 

16    violates a copyright.  I mean, every time you 

17    read a news article, you know, it says right at 

18    the bottom, "This cannot be used without 

19    permission."  

20                 So you're going to -- it's got 

21    nothing to do with AI, by the way.  Plagiarism 

22    has occurred for thousands of years, long before 

23    AI existed.  So I'm not sure how AI plays into 

24    this.  I understand it makes it easier, perhaps, 

25    to assist.  


                                                               7828

 1                 But what you're saying is that you 

 2    don't believe that a news organization that might 

 3    just be a single-person shop or a small group of 

 4    people should have the ability put out a news 

 5    story using AI, but you want to kind of go after 

 6    them by saying you've got to tell people it's AI.  

 7                 To me, I think we're just setting up 

 8    the possibility for the Attorney General to 

 9    target certain news sources that she doesn't 

10    like, and we're giving her the power to do that, 

11    really with kind of a technicality, wouldn't you 

12    say?  

13                 SENATOR FAHY:   Through you, 

14    Mr. President.  Yes, there's lots of case law 

15    with regard to copyright, and often what we have 

16    seen, for instance, is decades of litigation on 

17    who is the song author, whether it was Writer B 

18    or Writer A.  

19                 This is not about Writer B or 

20    Writer A.  This is about whether it was an 

21    individual or not and whether the individual who 

22    wrote the original content, the author, is 

23    machine-generated through AI or whether it is the 

24    journalists themselves and where that original 

25    author, whether their material is being 


                                                               7829

 1    manipulated or used without their -- without 

 2    their approval or without -- used and abused, I 

 3    guess is where it becomes misinformation and 

 4    lacks credibility.

 5                 And again, undermining journalism.

 6                 SENATOR BORRELLO:   Mr. President, 

 7    will the sponsor continue to yield?  

 8                 ACTING PRESIDENT BAILEY:   Will the 

 9    sponsor yield?

10                 SENATOR FAHY:   Yes.

11                 ACTING PRESIDENT BAILEY:   The 

12    sponsor yields.  

13                 SENATOR BORRELLO:   Okay, so with 

14    that being said -- thank you, Mr. President.  

15                 With that being said, how much human 

16    involvement is needed to avoid, you know, placing 

17    a label on the news content and qualify for the 

18    exemption?  

19                 So you're saying that -- you're 

20    basically saying plagiarism, which is a problem, 

21    which is certainly, you know, illegal if you're 

22    violating someone's copyright.  That's already a 

23    law.  So at what point does this become an 

24    exemption because it was a human that 

25    plagiarized, versus a, you know, chatbot or 


                                                               7830

 1    ChatGPT?  

 2                 SENATOR FAHY:   Through you, 

 3    Mr. President.  This is, again, fundamentally 

 4    about disclosure.  This is -- it doesn't say who 

 5    can author or what can author.  It's just saying 

 6    if you choose to manipulate or use AI in your 

 7    newsroom or on your broadcasts, and it is 

 8    substantially generated via AI, you simply need 

 9    to disclose that.  

10                 Because of all the problems we are 

11    seeing in the last few years and this lack of -- 

12    or this eroding trust in news sources, we are 

13    seeking disclosure here so that the public 

14    knows -- we are not saying you can't use AI.  No 

15    one is saying that here, or that you can't use 

16    generative AI.  We are saying you simply must 

17    inform the public.  

18                 And we are trying to bring 

19    transparency to this process and therefore giving 

20    some -- trying to restore or provide some trust 

21    in the media sources we use each day.

22                 SENATOR BORRELLO:   Mr. President, 

23    one last question, if the sponsor will yield.

24                 ACTING PRESIDENT BAILEY:   Senator 

25    Borrello, don't lock yourself in.  


                                                               7831

 1                 (Laughter.)

 2                 ACTING PRESIDENT BAILEY:   Will the 

 3    sponsor yield?

 4                 SENATOR FAHY:   Certainly.  

 5                 SENATOR BORRELLO:   Thank you.  

 6                 ACTING PRESIDENT BAILEY:   The 

 7    sponsor yields.

 8                 SENATOR BORRELLO:   What happens if 

 9    it's a news source -- and this is probably going 

10    to be the case in a lot of cases -- that's not in 

11    New York?  How are we going to enforce this?  

12                 Are we -- I mean, there are news 

13    sources all over the world, and quite frankly the 

14    ones that you would consider to be maybe a little 

15    bit shady probably aren't even, let alone based 

16    in New York, based in the United States to begin 

17    with.  

18                 How are we going to manage that?

19                 SENATOR FAHY:   Through you, 

20    Mr. President.  There is copyright law, actually, 

21    which has some international implications.  

22                 And again, I would -- in terms of 

23    enforcement, we have left that to the 

24    Attorney General.  And certainly the 

25    Attorney General we have seen -- the Attorney 


                                                               7832

 1    General time after time, especially in the last 

 2    couple of years, has certainly gone beyond 

 3    New York State's borders to enforce New York 

 4    State law.  And -- or to enforce the law whether 

 5    she's working with counterparts in other states 

 6    or what have you.

 7                 But the idea is, again, this is 

 8    about disclosure and this is about bringing 

 9    transparency to journalism such that we can 

10    restore at least some level of public confidence 

11    in our news sources.

12                 SENATOR BORRELLO:   Mr. President, 

13    I'm going to keep my word.  On the bill.

14                 ACTING PRESIDENT BAILEY:   Senator 

15    Borrello, a man of his word, on the bill.

16                 SENATOR BORRELLO:   Thank you, 

17    Mr. President.

18                 Thank you, Senator Fahy.

19                 You know, I think everybody has 

20    concerns about AI content.  And right now I would 

21    say it's hard to tell the difference but you can 

22    tell the difference.  That's not going to be the 

23    case fairly soon.  Fairly soon it's going to be 

24    impossible to tell what is AI and what is not.  

25                 When we start talking about news 


                                                               7833

 1    organizations and entertainment news and sports 

 2    news and you start talking about, as Senator Fahy 

 3    said, you know, essentially fake news, you know, 

 4    things that people don't like, then we're really 

 5    starting to creep into the First Amendment.  

 6                 That we're going to use this as an 

 7    excuse, essentially.  We're going to open the 

 8    door to go after someone and have to defend 

 9    themselves against the Attorney General of New 

10    York State, which has all our money to work 

11    with -- we see how devastating that can be -- 

12    because they don't like that particular news 

13    source.

14                 There's also the issue of content 

15    that wasn't originated by the person that's 

16    broadcasting it.  So you might have something 

17    that was produced using AI, from another state, 

18    another country, wherever it might be, that was 

19    rebroadcast.  We see this all the time on news 

20    programs.  They pick up content from around the 

21    world, there's news services that may have been 

22    from a -- what they would call another source, a 

23    stringer source.  

24                 And ultimately who's going to end up 

25    being liable here in New York State?  You know, 


                                                               7834

 1    the local news source, potentially.  I get that 

 2    there are people out there that say things that 

 3    aren't true and that plagiarize and all that.  

 4    And nobody likes that.  I don't like that.  We 

 5    see it all the time on social media.  

 6                 But to empower the Attorney General 

 7    of New York State to go after someone for 

 8    something that, in the end, could just be like 

 9    the content she doesn't particularly like or 

10    someone else -- a rival, a competitor, a 

11    political rival -- she doesn't like, and to 

12    empower the government to go after someone is 

13    really I think a free speech and a 

14    First Amendment right.

15                 So I think this is well-intentioned 

16    in some ways but has the ability to quickly go 

17    off the rails and be in violation of the 

18    First Amendment.  So I'll be voting no.  

19                 Thank you.

20                 ACTING PRESIDENT BAILEY:   Thank 

21    you, Senator Borrello.  

22                 Are there any other Senators wishing 

23    to be heard?

24                 Seeing and hearing none, debate is 

25    closed.  


                                                               7835

 1                 The Secretary will ring the bell.

 2                 Senator Gianaris.

 3                 SENATOR GIANARIS:   Mr. President, 

 4    we've agreed to restore this bill to the 

 5    noncontroversial calendar.

 6                 ACTING PRESIDENT BAILEY:   On 

 7    consent, the bill is restored to the 

 8    noncontroversial calendar.

 9                 Read the last section.

10                 THE SECRETARY:   Section 4.  This 

11    act shall take effect on the 60th day after it 

12    shall have become a law.

13                 ACTING PRESIDENT BAILEY:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT BAILEY:   Senator 

17    Fahy to explain her vote.  

18                 SENATOR FAHY:   Thank you, 

19    Mr. President.  I rise to explain my yes vote 

20    here.  

21                 Between local news, radio and more, 

22    journalists do play a critical role and hold all 

23    of our institutions accountable.  They strengthen 

24    our democracy.  We are facing what may be the 

25    largest shakeup to our economy and our workforce 


                                                               7836

 1    since the Industrial Revolution.  

 2                 We are witnessing a rapid and 

 3    exponential growth in the use of artificial 

 4    intelligence types of technologies.  While they 

 5    provide -- AI provides tremendous opportunities 

 6    and we want to lead on much of that innovation 

 7    and technological advancement, but that 

 8    innovation must be accompanied by transparency 

 9    and accountability.  

10                 This legislation, the Fair News Act, 

11    which is the fundamental AI requirements, 

12    fundamental artificial intelligence requirements, 

13    is all common sense.  When news content is 

14    substantially generated by AI, the public 

15    deserves to know.  There is nothing partisan 

16    about that.

17                 This is about a consumer's right to 

18    know.  We need to be able to distinguish between 

19    news produced by journalists or news produced by 

20    machines -- or, in other words, generative AI.  

21    This does not prohibit the use of AI.  It does 

22    not prohibit innovation.  It is simply a 

23    requirement of disclosure so that readers, 

24    viewers, listeners can make informed decisions 

25    about what they are consuming in the media.


                                                               7837

 1                 The line between human-created 

 2    content and generated content is getting harder 

 3    to identify.  We have seen example after example 

 4    of misinformation, fabricated reporting, 

 5    credibility questions, plagiarism accusations and 

 6    more.  And at a time when trust in media is 

 7    already under strain, this form of transparency 

 8    in this bill is more important than ever.  

 9                 We recognize the value and needed 

10    trust in professional journalism and in a skilled 

11    workforce.  These responsibilities cannot be 

12    replaced by algorithms.  

13                 In the interest of transparency and 

14    protecting the future of quality journalism, 

15    which is on the line here, I vote in the 

16    affirmative.  

17                 And thank you, Mr. President.

18                 ACTING PRESIDENT BAILEY:   Thank 

19    you, Senator Fahy.

20                 Senator Fahy to be recorded in the 

21    affirmative.

22                 Announce the results.

23                 THE SECRETARY:   In relation to 

24    Calendar Number 1635, voting in the negative are 

25    Senators Borrello, Mattera, Murray, Stec, 


                                                               7838

 1    Walczyk, Weber and Weik.

 2                 Ayes, 53.  Nays, 7.

 3                 ACTING PRESIDENT BAILEY:   The bill 

 4    is passed.

 5                 The Secretary will read.  

 6                 THE SECRETARY:   Calendar Number 

 7    1777, Senate Print 10626, by Senator Gianaris, an 

 8    act to amend the Judiciary Law.

 9                 ACTING PRESIDENT BAILEY:   Senator 

10    Palumbo, why do you rise?

11                 SENATOR PALUMBO:   Thank you, 

12    Mr. President.  I wonder if the sponsor would 

13    yield for a few questions, please.  

14                 ACTING PRESIDENT BAILEY:   Will the 

15    sponsor yield?

16                 SENATOR GIANARIS:   It will be my 

17    pleasure.

18                 ACTING PRESIDENT BAILEY:   The 

19    sponsor yields.  

20                 SENATOR PALUMBO:   Thank you, 

21    Senator Gianaris.  

22                 And through you, just a few fairly 

23    brief questions, I hope.  

24                 My understanding is this bill is a 

25    little bit modified from last year's bill 


                                                               7839

 1    redistricting judicial districts.  But it creates 

 2    three new judicial districts in Western New York, 

 3    is that accurate?  

 4                 SENATOR GIANARIS:   It's 

 5    substantially modified from that version.  But 

 6    yes, that's correct.

 7                 SENATOR PALUMBO:   Yes.  Will the 

 8    sponsor continue to yield?

 9                 ACTING PRESIDENT BAILEY:   Will the 

10    sponsor yield?

11                 SENATOR GIANARIS:   Yes.

12                 ACTING PRESIDENT BAILEY:   The 

13    sponsor yields.

14                 SENATOR PALUMBO:   Yes.  And is it 

15    also accurate that it also just moves around some 

16    judges and isolates in the three new judicial 

17    districts, respectively -- the 14th Judicial 

18    District will be Onondaga; 15th, Monroe; and the 

19    16th Judicial District will encompass Erie only.  

20    So each of those three counties get their own 

21    judicial districts.  

22                 And three others -- Five, Seven and 

23    Eight -- will be moved around a little bit so 

24    that they encompass I guess the surrounding area.  

25    And please correct me if that's not accurate.  


                                                               7840

 1                 SENATOR GIANARIS:   No need for me 

 2    to correct you, Senator Palumbo.  You are 

 3    correct.

 4                 SENATOR PALUMBO:   Thank you.  Will 

 5    the sponsor continue to yield?  

 6                 ACTING PRESIDENT BAILEY:   Will the 

 7    sponsor yield?

 8                 SENATOR GIANARIS:   Yes.

 9                 ACTING PRESIDENT BAILEY:   The 

10    sponsor yields.  

11                 SENATOR PALUMBO:   Were there any 

12    public hearings with respect to this new 

13    redistricting of the courts over there in 

14    Western New York -- the ultimate resolution being 

15    this bill?  

16                 SENATOR GIANARIS:   No.  

17                 However, as you pointed out, we 

18    passed a bill last year and received substantial 

19    input as a result of that piece of legislation, 

20    which was incorporated into the modified bill.

21                 SENATOR PALUMBO:   Will the sponsor 

22    continue to yield?

23                 ACTING PRESIDENT BAILEY:   Will the 

24    sponsor yield?

25                 SENATOR GIANARIS:   Yes.


                                                               7841

 1                 ACTING PRESIDENT BAILEY:   The 

 2    sponsor yields.

 3                 SENATOR PALUMBO:   Thank you, 

 4    Senator.  

 5                 And also -- I think I might have 

 6    asked this question last year as well -- this 

 7    would now include, because our Regents are based 

 8    upon judicial districts, this gives us three more 

 9    Regents, increasing the number I guess it would 

10    be -- what do we have, 17?  So it would go to 

11    20 Regents statewide.  Is that accurate?  

12                 SENATOR GIANARIS:   Increased 

13    representation for upstate in the Regents, 

14    correct.

15                 SENATOR PALUMBO:   Thank you.  

16                 And will the sponsor continue to 

17    yield?

18                 ACTING PRESIDENT BAILEY:   Will the 

19    sponsor yield?

20                 SENATOR GIANARIS:   Yes.

21                 ACTING PRESIDENT BAILEY:   The 

22    sponsor yields.  

23                 SENATOR PALUMBO:   Just one last 

24    subject area, regarding the costs.  I know that 

25    OCA has chimed in on this that they like the 


                                                               7842

 1    newer version of the bill.  And they did say that 

 2    it would be several million dollars, is my 

 3    understanding.  

 4                 Do you have an estimate of costs?  

 5    Because some of these outlying districts, it's my 

 6    understanding, do not actually have full-time 

 7    courtrooms, they don't have staff.  In fact, 

 8    their caseload is somewhat of a much smaller 

 9    fraction than some of these larger counties in 

10    Western New York.

11                 SENATOR GIANARIS:   That is correct, 

12    there would be some costs associated with the new 

13    districts.

14                 SENATOR PALUMBO:   Will the sponsor 

15    continue to yield?

16                 ACTING PRESIDENT BAILEY:   Will the 

17    sponsor yield?

18                 SENATOR GIANARIS:   Yes.

19                 ACTING PRESIDENT BAILEY:   The 

20    sponsor yields.  

21                 SENATOR PALUMBO:   Do you know what 

22    those amounts are, Senator?  

23                 SENATOR GIANARIS:   I think an 

24    estimate I just heard was $14 million.

25                 SENATOR PALUMBO:   Fourteen million.  


                                                               7843

 1    Very good.  Thank you, Senator Gianaris.  

 2                 On the bill, please, Mr. President.

 3                 ACTING PRESIDENT BAILEY:   Senator 

 4    Palumbo on the bill.

 5                 SENATOR PALUMBO:   Thank you.  

 6                 And Senator Gianaris, I appreciate 

 7    us continuing this discussion this year.  

 8                 But when I look at this bill and I 

 9    look at -- I've had some conversations with 

10    judges who actually sit out in Western New York.  

11    And we've had some fun times this session 

12    creating certain monikers for some of our 

13    colleagues.  My good buddy whose name begins with 

14    a W, it's good alliteration of what we're doing 

15    on Wednesdays.  

16                 But this is gerrymandering week.  

17    That's what this is.  This is purely political.  

18    When you look at the caseloads and you look at 

19    the actual intended result here, where -- let's 

20    keep in mind that we have anywhere in that 

21    Fourth Department, anywhere in Western New York, 

22    if you have a challenge in an election case, you 

23    need to go only to one county:  Erie County.  

24    Erie County is about 75 percent of the new 

25    filings in the Eighth Judicial District, and 


                                                               7844

 1    25 percent are all the rest.

 2                 And what this restructuring does is 

 3    it now takes from those three districts -- Five, 

 4    Seven and Eight -- moved into the newer district, 

 5    it takes the judge count from 67 to 26.  So 

 6    notwithstanding that huge reduction in judges, a 

 7    handful of them are -- I believe seven of them 

 8    are Appellate Division judges who can't handle 

 9    caseloads.  

10                 So Erie would get 18 Supreme Court 

11    judges, seven of which are in the 

12    Appellate Division.  So there will be a bunch of 

13    new appointments.  And we know where those 

14    appointments will come from, and we know the 

15    politics of Erie County.  

16                 And I know we've had discussions 

17    before when we did this several years ago that 

18    was done really out of necessity, when one of my 

19    colleagues created -- sponsored a bill to create 

20    the 13th Judicial District.  Staten Island was a 

21    part of Brooklyn Judicial District.  Staten 

22    Island politics are very different than Brooklyn 

23    politics.  And back then, Staten Island had 

24    essentially zero judges, because you had to go to 

25    Brooklyn and pay the toll to try and get on the 


                                                               7845

 1    bench, which is what actually happened at certain 

 2    points to the party bosses.  

 3                 So they split out Staten Island, and 

 4    now Staten Island actually has Staten Islanders 

 5    sitting on the bench and presiding over their 

 6    cases.  

 7                 So that was a need.  That was a real 

 8    significant and important need as far as those 

 9    communities are concerned.  

10                 So now we're splitting out three 

11    large counties, giving them their own judicial 

12    districts and plenty of judges, and we've got the 

13    more rural areas now are still three judicial 

14    districts -- with only 26 judges instead of it 

15    looks like about 42 in the three bigger 

16    counties -- who don't have anywhere near the 

17    caseload.  

18                 And those outlying courts don't have 

19    staff, they don't even have full-time courts.  So 

20    this is going to come at a significant cost.  And 

21    as much as I love my friends in the Office of 

22    Court Administration, I have great respect for 

23    them, I have to disagree with them on this bill, 

24    Mr. President.  

25                 And for those reasons I will be 


                                                               7846

 1    voting no, and I urge my colleagues to do the 

 2    same.

 3                 ACTING PRESIDENT BAILEY:   Thank 

 4    you, Senator Palumbo.

 5                 Are there any other Senators wishing 

 6    to be heard?

 7                 Seeing and hearing none, debate is 

 8    closed.  

 9                 The Secretary will ring the bell.

10                 Senator Gianaris.  

11                 SENATOR GIANARIS:   Mr. President, 

12    we've agreed to restore this bill to the 

13    noncontroversial calendar.  

14                 ACTING PRESIDENT BAILEY:   On 

15    consent, the bill is restored to the 

16    noncontroversial calendar.

17                 Read the last section.

18                 THE SECRETARY:   Section 3.  This 

19    act shall take effect immediately.

20                 ACTING PRESIDENT BAILEY:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT BAILEY:   Are there 

24    any Senators wishing to explain their vote?  

25                 Seeing and hearing none, 


                                                               7847

 1    Senator Gianaris will close.  

 2                 SENATOR GIANARIS:   Thank you, 

 3    Mr. President.  

 4                 This bill actually will help a lot 

 5    of the residents of upstate New York who are 

 6    currently in the Fourth Department.  

 7                 I heard Senator Palumbo's comments 

 8    about Staten Island and Brooklyn, and there are a 

 9    lot of parallels actually to that situation.  I 

10    don't know if he's aware, but currently the 

11    Fourth Department residents are -- 57 percent of 

12    them live in Erie, Onondaga or Monroe counties, 

13    and yet 80 percent of the justices in the 

14    Fourth Department are from those three counties.  

15                 And so by creating these three new 

16    districts that are predominantly rural, I think 

17    you can expect to see, much like Staten Island 

18    did, the representation on the bench for those 

19    rural counties increase.  And so I do think there 

20    are some parallels there.  

21                 So for example, just so everyone 

22    gets a sense of it, the counties that would be in 

23    the new districts -- well, in the rural 

24    districts, let's call them, are Allegany, 

25    Cattaraugus, Chautauqua, Genesee, Niagara, 


                                                               7848

 1    Orleans and Wyoming.  And one of them, they would 

 2    have nine justices.  Cayuga, Livingston, Ontario, 

 3    Seneca, Steuben, Wayne and Yates would have 

 4    seven.  And then in the new Fifth District, 

 5    Herkimer -- which, by the way, was the county 

 6    that Senator Walczyk was successful in raising 

 7    taxes for earlier in the week -- Herkimer, 

 8    Jefferson, Lewis, Oneida and Oswego would also 

 9    get nine justices.  And so I do think -- I do 

10    think there are some parallels there with what 

11    Senator Palumbo was talking about.  

12                 And I urge all my colleagues to join 

13    me in supporting this legislation.  

14                 Thank you.

15                 ACTING PRESIDENT BAILEY:   Senator 

16    Gianaris to be recorded in the affirmative.

17                 Announce the results.

18                 THE SECRETARY:   In relation to 

19    Calendar 1777, voting in the negative are 

20    Senators Ashby, Borrello, Canzoneri-Fitzpatrick, 

21    Chan, Gallivan, Griffo, Helming, Lanza, Martins, 

22    Mattera, Murray, Oberacker, O'Mara, Ortt, 

23    Palumbo, Rhoads, Rolison, Ryan, Stec, Tedisco, 

24    Walczyk, Weber and Weik.

25                 Ayes, 37.  Nays, 23.


                                                               7849

 1                 ACTING PRESIDENT BAILEY:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    1784, Senate Print 10639, by Senator Gianaris, an 

 5    act to amend the Election Law.

 6                 ACTING PRESIDENT BAILEY:   Senator 

 7    Martins, why do you rise? 

 8                 SENATOR MARTINS:   Thank you, 

 9    Mr. President.  If the sponsor would yield for a 

10    few questions.

11                 ACTING PRESIDENT BAILEY:   Will the 

12    sponsor yield?

13                 SENATOR GIANARIS:   Yes.

14                 ACTING PRESIDENT BAILEY:   The 

15    sponsor yields.

16                 SENATOR MARTINS:   Thank you.

17                 So this is Part 2 to our discussion 

18    yesterday, and here we are today.  And I think it 

19    may have been Senator Borrello that foreshadowed 

20    this discussion by referencing this bill 

21    yesterday.  

22                 But I believe that this is an 

23    amendment -- or I know this is an amendment to 

24    Section 4-108 of the Election Law by adding a new 

25    Section 8, isn't that right?


                                                               7850

 1                 SENATOR GIANARIS:   Are you asking 

 2    if it adds a new section?  I'm sorry, I didn't 

 3    hear the question.

 4                 SENATOR MARTINS:   No, no, Senator.  

 5    All I'm asking is whether or not this just adds a 

 6    new Section 8 to Section 4-108 of the 

 7    Election Law.

 8                 SENATOR GIANARIS:   That is correct.

 9                 SENATOR MARTINS:   And so through 

10    you, Mr. President, if the sponsor would continue 

11    to yield.  

12                 ACTING PRESIDENT BAILEY:   Will the 

13    sponsor yield?

14                 SENATOR GIANARIS:   Yes.

15                 ACTING PRESIDENT BAILEY:   The 

16    sponsor yields.  

17                 SENATOR MARTINS:   Section 4-108 of 

18    the Election Law details the process whereby if 

19    we have an amendment to the Constitution or 

20    proposed amendment to the Constitution, the 

21    process that is to be followed.  

22                 Do you see it the same way, Senator?

23                 SENATOR GIANARIS:   Yes, I do.

24                 SENATOR MARTINS:   So through you, 

25    Mr. President, if the sponsor would continue to 


                                                               7851

 1    yield.  

 2                 ACTING PRESIDENT BAILEY:   Will the 

 3    sponsor yield?

 4                 SENATOR GIANARIS:   Yes, I do.

 5                 ACTING PRESIDENT BAILEY:   The 

 6    sponsor yields.

 7                 SENATOR MARTINS:   Currently the 

 8    process has the Board of Elections preparing 

 9    language -- that is, the Republicans and 

10    Democrats on the Board of Elections working 

11    collaboratively in a bipartisan or nonpartisan 

12    fashion depending on your perspective, to come up 

13    with language.  Right?

14                 SENATOR GIANARIS:   Yes.

15                 SENATOR MARTINS:   Through you, 

16    Mr. President, if the sponsor would continue to 

17    yield.  

18                 ACTING PRESIDENT BAILEY:   Will the 

19    sponsor yield?

20                 SENATOR GIANARIS:   Yes.

21                 ACTING PRESIDENT BAILEY:   The 

22    sponsor yields.

23                 SENATOR MARTINS:   And in addition, 

24    it also requires, under Section 3 of 4-108, that 

25    the Attorney General is to advise in the 


                                                               7852

 1    preparation of that language, ensuring that there 

 2    is, you know, the state's highest I guess law 

 3    enforcement officer, attorney, providing language 

 4    or helping with the language between the 

 5    commissioners on the Board of Elections.  Right?  

 6                 SENATOR GIANARIS:   Yes.

 7                 SENATOR MARTINS:   Thank you.

 8                 Through you, Mr. President, if the 

 9    sponsor would continue to yield.

10                 ACTING PRESIDENT BAILEY:   Will the 

11    sponsor yield?

12                 SENATOR GIANARIS:   Yes.

13                 ACTING PRESIDENT BAILEY:   The 

14    sponsor yields.

15                 SENATOR MARTINS:   And it requires 

16    that the Board of Elections provide notice to 

17    each county board 90 days before the general 

18    election in which the matter or measure is to 

19    appear on the ballot.  Right?

20                 SENATOR GIANARIS:   That sounds 

21    right.

22                 SENATOR MARTINS:   Then it goes on 

23    to say that --

24                 ACTING PRESIDENT BAILEY:   Senator 

25    Martins --


                                                               7853

 1                 SENATOR MARTINS:   Through you, 

 2    Mr. President, if the sponsor would continue to 

 3    yield.

 4                 ACTING PRESIDENT BAILEY:   Will the 

 5    sponsor yield?

 6                 SENATOR GIANARIS:   I do.

 7                 ACTING PRESIDENT BAILEY:   The 

 8    sponsor yields.

 9                 SENATOR MARTINS:   Then it goes on 

10    to say 120 days prior to the election date, that 

11    the Board of Elections shall post the language on 

12    its website -- it actually says "shall 

13    prominently publish on its website at least four 

14    months prior to the general election at which a 

15    ballot proposal shall appear," the language that 

16    will appear on the ballot.

17                 So four months beforehand, they put 

18    it on their website.  Is that right? 

19                 SENATOR GIANARIS:   Yes.

20                 SENATOR MARTINS:   Great.  

21                 And it allows -- Mr. President, 

22    through you, if the sponsor would continue to 

23    yield.

24                 ACTING PRESIDENT BAILEY:   Will the 

25    sponsor yield?


                                                               7854

 1                 SENATOR GIANARIS:   Yes.

 2                 ACTING PRESIDENT BAILEY:   The 

 3    sponsor yields.

 4                 SENATOR MARTINS:   And it allows for 

 5    a 15-day public comment period as well.  

 6                 So not only do they put it on the 

 7    website four months beforehand, but they allow 

 8    for a 15-day right for public comment with regard 

 9    to the language that's being proposed.  Right?

10                 SENATOR GIANARIS:   Yes.

11                 SENATOR MARTINS:   And it goes on -- 

12    Mr. President, through you, if the sponsor will 

13    continue to yield.

14                 ACTING PRESIDENT BAILEY:   Will the 

15    sponsor yield?

16                 SENATOR GIANARIS:   Yes.

17                 ACTING PRESIDENT BAILEY:   The 

18    sponsor yields.  

19                 SENATOR MARTINS:   And does it say 

20    anything about the type of language that's to be 

21    used -- you know, simplicity of the language?  To 

22    your knowledge, Senator, is there anything there 

23    that references, for example, at what grade level 

24    this language should be so it's understandable?

25                 SENATOR GIANARIS:   Yes, there are 


                                                               7855

 1    some guidelines as to how to do that, yes.

 2                 SENATOR MARTINS:   Through you, 

 3    Mr. President, if the sponsor would continue to 

 4    yield.  

 5                 ACTING PRESIDENT BAILEY:   Will the 

 6    sponsor yield?

 7                 SENATOR GIANARIS:   Yes.

 8                 ACTING PRESIDENT BAILEY:   The 

 9    sponsor yields.

10                 SENATOR MARTINS:   What are those 

11    guidelines, if you know, Senator?

12                 ACTING PRESIDENT BAILEY:   Senator 

13    Martins, if you don't mind clarifying.

14                 SENATOR GIANARIS:   I'm sorry, I 

15    didn't hear the question.

16                 ACTING PRESIDENT BAILEY:   He didn't 

17    hear the question.

18                 SENATOR MARTINS:   What are those 

19    guidelines in terms of --

20                 SENATOR GIANARIS:   What are the 

21    guidelines?

22                 SENATOR MARTINS:   -- of the type of 

23    language?

24                 SENATOR GIANARIS:   Well, 

25    interestingly, the guidelines that the Board of 


                                                               7856

 1    Elections follows are replicated in this bill so 

 2    the Legislature would do its best to follow them 

 3    as well.  

 4                 But it's Section 2 -- or 

 5    subdivision 2 of Section 4-108.  You want me to 

 6    read it for you?

 7                 SENATOR MARTINS:   No, I -- through 

 8    you, no, I don't need you to read it.  I just 

 9    figured if you -- for the benefit of everyone 

10    else who may be interested.  If not, we can move 

11    on.

12                 SENATOR GIANARIS:   I'll do some 

13    reading aloud.  

14                 It says:  "The form in which the 

15    proposed amendment, proposition  or  question is 

16    to be submitted shall consist only of the 

17    following:  (a) A descriptive title of up to 

18    15 words, which  describes the topic, goal, or 

19    outcome of the ballot question in plain language; 

20    (b) A summary of the text ballot proposal of up 

21    to 30 words, written in plain language, that 

22    describes the change in policy to be adopted and 

23    not the legal mechanism; and (c) A statement of 

24    what a YES or NO vote means in up to 30 words 

25    written in plain language that identifies the  


                                                               7857

 1    practical outcome of each election result and not 

 2    the legal mechanism.  If more than one such 

 3    amendment, proposition or question is to be voted 

 4    upon at such election, each such amendment, 

 5    proposition or question respectively shall be 

 6    separately and consecutively numbered."  

 7                 Then further down at subdivision 5 

 8    it goes into describing what they mean by plain 

 9    language, and it says (reading):  Plain language 

10    shall mean the form of the ballot proposal and 

11    abstract:  Shall be written in easily 

12    comprehended, concise language; shall not contain 

13    more than one pass -- oh, I think there's a typo.  

14    It says "shall not contain more the one passive 

15    sentence"; shall not use semicolons, using 

16    multiple sentences as necessary; and shall not 

17    contain double negatives.

18                 Then it goes on to tell you how you 

19    evaluate whether the plain language is really 

20    plain.  And it says (reading):  To evaluate 

21    compliance with the plain language requirements, 

22    the state board calculates an Automated 

23    Readability Index score, separately, for each 

24    statewide form of ballot proposal and abstract.      

25                 That index score shall be calculated 


                                                               7858

 1    according to the following formula:  Divide the 

 2    number of characters, excluding spaces, by the 

 3    number of words and multiply that number by 4.71.  

 4    Divide the number of words by the number of 

 5    sentences and multiply that number by 0.5.  Add 

 6    the results of paragraphs a and b of this 

 7    subdivision, subtract 21.43 from the result of 

 8    paragraph (c) of this paragraph and round to the 

 9    nearest whole number.

10                 It's rather involved just to write a 

11    simple sentence.  But there you have it, since 

12    you asked.  It's like doing your taxes.

13                 (Laughter.)

14                 SENATOR MARTINS:   Thank you, 

15    Mr. President.  And I do appreciate the Senator 

16    indulging me on that.  

17                 I was asking if you could provide it 

18    in a -- I guess a briefer form, but reading is 

19    probably the best way to actually do it, so I 

20    want to thank Senator Gianaris for that.

21                 SENATOR GIANARIS:   It seems that 

22    the law itself is not in plain language, 

23    unfortunately.

24                 SENATOR MARTINS:   No, 

25    unfortunately.  I agree with you.  


                                                               7859

 1                 Through you, Mr. President, if the 

 2    Senator would continue to yield.  

 3                 ACTING PRESIDENT BAILEY:   Will the 

 4    sponsor yield?

 5                 SENATOR GIANARIS:   Yes.

 6                 ACTING PRESIDENT BAILEY:   The 

 7    sponsor yields. 

 8                 SENATOR MARTINS:   So 

 9    notwithstanding the fact that we have clear 

10    language in law, albeit some of it confusing, 

11    Senator, as to who prepares the ballot initiative 

12    and the language for it when there's a 

13    constitutional amendment, we now have before us 

14    this bill that would substitute the majorities in 

15    the Legislature in drafting that language.  

16                 That's what this amendment does, 

17    isn't it?

18                 SENATOR GIANARIS:   Correct.  

19                 SENATOR MARTINS:   And also through 

20    you, Mr. President, if the sponsor would continue 

21    to yield.

22                 ACTING PRESIDENT BAILEY:   Will the 

23    sponsor yield?

24                 SENATOR GIANARIS:   Yes.

25                 ACTING PRESIDENT BAILEY:   The 


                                                               7860

 1    sponsor yields.

 2                 SENATOR MARTINS:   And also this 

 3    proposal -- or this bill also removes the 

 4    opportunity for any public comment period that 

 5    was incorporated in the statute, thereby 

 6    eliminating the opportunity for the public to 

 7    have comment on the quality of the language or 

 8    the sufficiency of the language.  

 9                 That's been removed in this bill as 

10    well, right?

11                 SENATOR GIANARIS:   Ah.  There 

12    you're mistaken, Senator Martins.  Because the 

13    proposal would have to go through the legislative 

14    process.  And what we do here is public, and the 

15    public can comment on it, it appears on the 

16    Senate and Assembly websites.  And so there would 

17    be the opportunity for the public to see what is 

18    being proposed.

19                 SENATOR MARTINS:   Through you, 

20    Mr. President, if the sponsor would continue to 

21    yield.

22                 ACTING PRESIDENT BAILEY:   Will the 

23    sponsor yield?

24                 SENATOR GIANARIS:   Yes.

25                 ACTING PRESIDENT BAILEY:   The 


                                                               7861

 1    sponsor yields.  

 2                 SENATOR MARTINS:   But the process, 

 3    Senator, that allowed for the Board of Elections 

 4    to post it and for the Board of Elections to 

 5    receive comments, irrespective of whatever 

 6    comments may be received here, has been 

 7    eliminated with respect to the amendment that's 

 8    being proposed today, right?

 9                 SENATOR GIANARIS:   Well, yes, 

10    because the board would not be writing the 

11    language in that circumstance, so why would they 

12    be receiving public comment?  

13                 We would receive public comment 

14    through the legislative process.

15                 SENATOR MARTINS:   Mr. President, on 

16    the bill.

17                 Thank you, Senator Gianaris.

18                 ACTING PRESIDENT BAILEY:   Senator 

19    Martins on the bill.

20                 SENATOR MARTINS:   And so as I 

21    mentioned earlier, here we are with Chapter 2.  

22    You know, yesterday we talked about gutting, we 

23    discussed how it was a decision of this body and 

24    I'm sure the one -- I'm positive the one on the 

25    other side of the building to gut the Independent 


                                                               7862

 1    Redistricting Commission and again to insert 

 2    partisan politics into redrawing districts.  

 3                 But this one -- this one's 

 4    actually -- Mr. President, this one's special.  

 5    This one's special because not only did we go so 

 6    far as to remove any independent redistricting 

 7    commission oversight with regard to 

 8    redistricting, removed the court oversight, 

 9    bringing everything back to this body when it 

10    came to redistricting so that, again, as was done 

11    in the past, majorities in this chamber would get 

12    to draw their own lines and choose their own 

13    voters, as opposed to the voters choosing their 

14    elected officials.  

15                 This is -- this is special.  Because 

16    now what we've decided is when we do want to 

17    change the Constitution of this state, the 

18    process that we had that actually sent the issue 

19    to the Board of Elections and allowed the Board 

20    of Elections to make that decision -- a Board of 

21    Elections that is composed equally of Republicans 

22    and Democrats, where they would have to agree on 

23    language removing partisanship, and with the help 

24    of the Attorney General -- again, a level of 

25    oversight, and I think important impartiality, I 


                                                               7863

 1    would suggest, offering support to the Board of 

 2    Elections in terms of something as important as a 

 3    constitutional amendment.  An amendment to the 

 4    Constitution of our state.

 5                 What the Majority is suggesting, or 

 6    what the sponsor is suggesting, is that, well, 

 7    let's just throw all of that out.  We'll make 

 8    that decision ourselves here, and we're going to 

 9    come up with language and we're going to describe 

10    that language and that effort in the way that we 

11    choose to.  Which is inherently a partisan 

12    effort.  And I think, Mr. President, 

13    unfortunately it cheapens the process.  

14                 Through you, Mr. President, if the 

15    sponsor would yield for a few more questions.

16                 ACTING PRESIDENT BAILEY:   Will the 

17    sponsor yield?

18                 SENATOR GIANARIS:   Yes.

19                 ACTING PRESIDENT BAILEY:   The 

20    sponsor yields.  

21                 SENATOR MARTINS:   So is there a 

22    requirement in this bill that the language that 

23    is proposed truthfully and accurately reflects 

24    what is being placed on the ballot?  

25                 SENATOR GIANARIS:   Yes.  The 


                                                               7864

 1    language mimics what is in the current rules for 

 2    the Board of Elections.

 3                 SENATOR MARTINS:   Through you, 

 4    Mr. President, if the sponsor would continue to 

 5    yield.

 6                 ACTING PRESIDENT BAILEY:   Will the 

 7    sponsor yield?

 8                 SENATOR GIANARIS:   Yes.

 9                 ACTING PRESIDENT BAILEY:   The 

10    sponsor yields.

11                 SENATOR MARTINS:   Not with regard 

12    to the simplicity of the language, Senator, with 

13    regard to the truthfulness and accurateness of 

14    the language in depicting what it is that's going 

15    to be changed in the State Constitution.

16                 SENATOR GIANARIS:   Yeah, listen, 

17    we -- we mimic the language that's currently 

18    required for the board to follow.  

19                 So I suppose what you're asking 

20    about is not in the current law except to the 

21    extent it says the -- yes.  I mean, there's 

22    nowhere in the current law that gets that 

23    specific as to what's required, Senator Martins.  

24                 SENATOR MARTINS:   Through you, 

25    Mr. President, if the sponsor would continue to 


                                                               7865

 1    yield.

 2                 ACTING PRESIDENT BAILEY:   Will the 

 3    sponsor yield?

 4                 SENATOR GIANARIS:   Yes.

 5                 ACTING PRESIDENT BAILEY:   The 

 6    sponsor yields.  

 7                 SENATOR MARTINS:   The current law 

 8    has to be concurred to between the two parties, 

 9    their representatives on the Board of Elections, 

10    with the assistance of the Attorney General.  

11    What's being proposed here is a partisan effort 

12    to change that so there isn't that level of 

13    oversight.

14                 In addition, what exists allows for 

15    public comment through the Board of Elections 

16    with regard to the language that they 

17    independently choose, which has been eliminated 

18    in this.  

19                 And so I'm asking you -- and I think 

20    we both understand what I'm asking, Senator -- is 

21    there anything here that requires that the 

22    State Legislature, when it does come up with 

23    language, has to accurately reflect the nature of 

24    the amendment to the Constitution that's being 

25    proposed?  


                                                               7866

 1                 SENATOR GIANARIS:   I'll say a 

 2    couple of things about that.  

 3                 Number one, you continue to profess 

 4    somehow the fact that there are political 

 5    appointees of both -- literally of the chairs of 

 6    both parties.  So party officials appoint 

 7    commissioners, and those people are currently 

 8    responsible for putting the words together.  They 

 9    don't have any such requirement as what you're 

10    talking about.  

11                 You're suggesting that the balance 

12    between the two will somehow create some 

13    regulation de facto as to the veracity of what 

14    ends up on the ballot.  

15                 We talked about this yesterday.  

16    There is a very -- you talk about it as if 

17    there's never an instance of the leadership of 

18    the two parties collaborating -- the 

19    incumbency-ship, I called it yesterday -- as if 

20    it's never been the case that Republican 

21    leadership and Democratic leadership would 

22    collaborate to keep outsiders out.  

23                 And so that is a real threat, under 

24    your analysis, in the current system.  I mean, we 

25    lived in this chamber for many years with 


                                                               7867

 1    Democratic leadership and Republican leadership 

 2    collaborating to keep all of us out of power.  We 

 3    overcame that, of course.  But that happens.  

 4                 And so whatever safeguards are there 

 5    currently to keep the Board of Elections 

 6    commissioners from doing exactly what you're 

 7    worried about are the same.  We literally 

 8    referenced the same sections that require -- that 

 9    present the requirements to the board in this 

10    proposal.

11                 SENATOR MARTINS:   Through you, 

12    Mr. President, if the sponsor would continue to 

13    yield.  

14                 ACTING PRESIDENT BAILEY:   Will the 

15    sponsor yield?

16                 SENATOR GIANARIS:   Yes.

17                 ACTING PRESIDENT BAILEY:   The 

18    sponsor yields.  

19                 SENATOR MARTINS:   Can we agree, 

20    then, that there's a requirement in this document 

21    that the -- whatever is sent to the Board of 

22    Elections by the Legislature has to accurately 

23    reflect what's on the ballot for a change to the 

24    constitutional amendment?

25                 SENATOR GIANARIS:   Well, it says it 


                                                               7868

 1    shall use best efforts to comply with the plain 

 2    language requirements of subdivisions 2 and 5, 

 3    which are the subdivisions we referenced earlier.

 4                 SENATOR MARTINS:   Through you, 

 5    Mr. President, if the sponsor would continue to 

 6    yield.  

 7                 ACTING PRESIDENT BAILEY:   Will the 

 8    sponsor yield?

 9                 SENATOR GIANARIS:   Yes.

10                 ACTING PRESIDENT BAILEY:   The 

11    sponsor yields.  

12                 SENATOR MARTINS:   Senator, I'm not 

13    talking about the reading level for the language 

14    that's being proposed.  All I'm asking is, Can we 

15    agree that it has to accurately reflect what the 

16    constitutional amendment actually is?  

17                 SENATOR GIANARIS:   Yes, I would 

18    think so.

19                 SENATOR MARTINS:   Thank you.

20                 Through you, Mr. President, just a 

21    few more questions, if the Senator would indulge 

22    me.  

23                 ACTING PRESIDENT BAILEY:   Will the 

24    sponsor yield? 

25                 SENATOR GIANARIS:   Yes.


                                                               7869

 1                 ACTING PRESIDENT BAILEY:   The 

 2    sponsor yields.  

 3                 SENATOR MARTINS:   Have we heard 

 4    from any of the good government groups here in 

 5    Albany?  You know, and I can list them, but I 

 6    think, you know, we're all too familiar with 

 7    them:  Reinvent Albany, NYPIRG, Common Cause, 

 8    Brennan Center, League of Women Voters -- great 

 9    groups, all deeply concerned about protecting our 

10    democracy.  

11                 Have they opined on this, or did you 

12    talk to them about this particular bill and have 

13    they shared with you, any of them, an opinion as 

14    to whether or not this is a good idea?

15                 SENATOR GIANARIS:   I'm not aware of 

16    them rendering an opinion on this.

17                 SENATOR MARTINS:   Through you, 

18    Mr. President, if the sponsor would continue to 

19    yield.  

20                 ACTING PRESIDENT BAILEY:   Will the 

21    sponsor yield?

22                 SENATOR GIANARIS:   Yes.

23                 ACTING PRESIDENT BAILEY:   The 

24    sponsor yields.

25                 SENATOR MARTINS:   Did you happen to 


                                                               7870

 1    reach out to any of them?  You know, they are 

 2    often very willing to offer their opinion on 

 3    things such as this.  Did you seek out their 

 4    opinion with regard to, you know, this, changing 

 5    how items appear on a ballot when it comes to 

 6    changing the Constitution?  By any chance did you 

 7    happen to reach out to them?  

 8                 SENATOR GIANARIS:   Informally, yes.

 9                 SENATOR MARTINS:   Through you, 

10    Mr. President, if the sponsor would continue to 

11    yield.  

12                 ACTING PRESIDENT BAILEY:   Will the 

13    sponsor yield?

14                 SENATOR GIANARIS:   Yes.

15                 ACTING PRESIDENT BAILEY:   The 

16    sponsor yields.

17                 SENATOR MARTINS:   I'll bite.  Which 

18    one of them told you this was a good idea?  

19                 SENATOR GIANARIS:   Well, I'm not 

20    going to divulge my private conversations with 

21    them, Senator Martins.  If they wished to opine 

22    publicly, they would have.  But that has not 

23    happened.

24                 SENATOR MARTINS:   I appreciate 

25    that, Senator.  Thank you.


                                                               7871

 1                 Through you, Mr. President, if the 

 2    sponsor would yield.

 3                 ACTING PRESIDENT BAILEY:   Will the 

 4    sponsor yield?

 5                 SENATOR GIANARIS:   Yes.

 6                 ACTING PRESIDENT BAILEY:   The 

 7    sponsor yields.  

 8                 SENATOR MARTINS:   So if someone 

 9    believes that the version that is advanced by the 

10    legislative majorities does not accurately 

11    reflect what's actually being proposed, that 

12    change to the State Constitution -- a member of 

13    the public, would they have the ability to go to 

14    court to have the court oversee the language and 

15    ask for the court to intervene?  

16                 SENATOR GIANARIS:   As with any law, 

17    if a member of the public believes it's being 

18    broken, they can go to court and seek relief.  

19                 SENATOR MARTINS:   Thank you.  Thank 

20    you, Senator Gianaris, very much.  Appreciate it.

21                 Mr. President, on the bill.

22                 ACTING PRESIDENT BAILEY:   Senator 

23    Martins on the bill.  

24                 SENATOR MARTINS:   So again, it just 

25    begs the question -- and I'll end it with this.  


                                                               7872

 1    We have a system that's in place.  It has been in 

 2    place, it has worked, it adds a level of 

 3    bipartisanship in coming up with language.  In 

 4    doing so, it doesn't allow an advantage to one 

 5    side or the other.  

 6                 And to make things right, it also 

 7    requires that the Board of Elections work with 

 8    the Attorney General in coming up with that 

 9    language.  It's a good way to do it.  It's not 

10    perfect, but it's a good way to do it.  And it 

11    allows for -- especially when we're dealing with 

12    an amendment to our State Constitution, that 

13    there is a level of respect with respect to that, 

14    and we're eliminating partisanship.  

15                 And so I share the same concerns I 

16    shared yesterday.  I think any time we include 

17    partisanship in anything that involves amending 

18    our State Constitution, we're doing ourselves a 

19    disservice.  It really is not where we should be 

20    going with this.  

21                 Look, we all understand what's 

22    happening here.  We all understand.  This is not 

23    a secret.  The real shame of it is these good 

24    government groups that I listed, that they're not 

25    sitting here screaming at the top of their lungs 


                                                               7873

 1    and instead chose to have private conversations 

 2    with regard to something as serious as this.  

 3    That goes to the heart of the integrity of our 

 4    State Constitution.  

 5                 So again, why?  How does this 

 6    advance our state?  How does this work for our 

 7    individual residents?  How does this make things 

 8    better?  And the short answer is it doesn't.  It 

 9    does advance politics, partisanship and division 

10    in this state.  

11                 Mr. President, that's why I'll be 

12    voting no.  Thank you.

13                 ACTING PRESIDENT BAILEY:   Thank 

14    you, Senator Martins.

15                 Are there any other Senators wishing 

16    to be heard?

17                 Seeing and hearing none, debate is 

18    now closed.  The Secretary will ring the bell.

19                 Senator Gianaris.

20                 SENATOR GIANARIS:   Mr. President, 

21    we've agreed to restore this bill to the 

22    noncontroversial calendar.

23                 ACTING PRESIDENT BAILEY:   Upon 

24    consent, the bill is restored to the 

25    noncontroversial calendar.  


                                                               7874

 1                 Read the last section.

 2                 THE SECRETARY:   Section 2.  This 

 3    act shall take effect immediately.

 4                 ACTING PRESIDENT BAILEY:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT BAILEY:   Are there 

 8    any Senators wishing to explain their vote?  

 9                 Seeing and hearing none, Senator 

10    Gianaris will explain and close.

11                 SENATOR GIANARIS:   Thank you, 

12    Mr. President.

13                 Of course my colleagues want to 

14    maintain the current system.  Let's talk about 

15    math for a moment.  Currently you have political 

16    appointees -- and again, I want to stress this, 

17    literally appointees of the chair of the 

18    political parties of the state, both Democrat and 

19    Republican, making this decision for the state 

20    board.  

21                 And for some reason, and I think I 

22    can speculate about it, which I will as part of 

23    my explanation, the breakdown of that 

24    decision-making process is 50-50.  Equal number 

25    of Democrats, equal number of Republicans.  So 


                                                               7875

 1    the Republican Party has 50 percent of the 

 2    influence over how a ballot question will appear.

 3                 Now, if we look at the elected 

 4    governmental bodies of this state, both the 

 5    Assembly and the Senate, it's about two-thirds 

 6    Democrat to one-third Republican.  So lo and 

 7    behold, Senator Martins and my colleagues across 

 8    the aisle say, Wait a minute.  We like the 

 9    current system.  We have half the say.  If we 

10    come in here, which is an actual governmental 

11    body elected by the people, we only have a third 

12    of a say.  

13                 And my question is, why should you 

14    have half the say over what goes on the ballot?  

15    That's not what the people wanted.  That's not 

16    the way the voters have acted to elect their 

17    representatives in the Legislature.  It's 

18    arbitrary.  It came about in the 1970s when the 

19    Senate was Republican and the Assembly was 

20    Democrat and they effectively had 50-50 influence 

21    over what happened in the Legislature.  It made 

22    sense then on some level.  It doesn't anymore.  

23                 I mean, I would say let's let the 

24    Conservative Party then have a say.  Why not?  

25    Why don't they get to say something?  They're a 


                                                               7876

 1    party.  Let's let the Working Families Party have 

 2    a say.  Why are they cut out of the decision 

 3    process if we're letting political parties make 

 4    this decision, which is how it's currently 

 5    constructed.

 6                 I made this point yesterday.  I'm 

 7    going to make it again.  We are here because the 

 8    people of our districts elect us to serve.  We 

 9    are their mouthpiece.  We are their 

10    representatives.  And so when we take action, we 

11    are speaking for them.  If you don't like it that 

12    two-thirds of the state wants to lean Democratic, 

13    that's your problem.  It's not their problem.  

14                 But I don't see why you should have 

15    half the say over how a ballot question looks, 

16    because that corrupts the ballot question.  Don't 

17    pretend like these political appointees somehow 

18    come out with some pure product.  There's been 

19    plenty of criticism of the ballot language that 

20    has emerged from the Board of Elections.  

21                 And so this brings the question back  

22    to the people through their representatives in 

23    this house and in the Assembly.  

24                 I vote yes, Mr. President.  

25                 Thank you.  


                                                               7877

 1                 ACTING PRESIDENT BAILEY:   Announce 

 2    the results.

 3                 THE SECRETARY:   In relation to 

 4    Calendar 1784, voting in the negative are 

 5    Senators Ashby, Borrello, Canzoneri-Fitzpatrick, 

 6    Chan, Gallivan, Griffo, Helming, Lanza, Martins, 

 7    Mattera, Murray, Oberacker, O'Mara, Ortt, 

 8    Palumbo, Rhoads, Rolison, Stec, Tedisco, Walczyk, 

 9    Weber and Weik.

10                 Ayes, 38.  Nays, 22.

11                 ACTING PRESIDENT BAILEY:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 

14    1787, Assembly Bill Number 11560, by 

15    Assemblymember Barrett, an act to amend the 

16    Environmental Conservation Law.

17                 ACTING PRESIDENT BAILEY:   Senator 

18    Weber, why do you rise?

19                 SENATOR WEBER:   Thank you, 

20    Mr. President.  Through you, will the sponsor 

21    yield for some questions?  

22                 ACTING PRESIDENT BAILEY:   Will the 

23    sponsor yield?

24                 SENATOR GONZALEZ:   I do.

25                 ACTING PRESIDENT BAILEY:   The 


                                                               7878

 1    sponsor yields.  

 2                 SENATOR WEBER:   Thank you.  And 

 3    through you, Mr. President.  

 4                 So Senator Gonzalez, can you kind of 

 5    go through the exact purpose of the moratorium?  

 6    I guess it's a little unclear in the bill where 

 7    it talks about the environmental impact report 

 8    and it's not required to be completed until the 

 9    expiration of the moratorium.  

10                 So I just want to get a whole 

11    timeline in terms of, you know, what the -- why 

12    you came to this decision and where we are at the 

13    end of that one-year moratorium.

14                 SENATOR GONZALEZ:   Through you, 

15    Mr. President.  

16                 Right now hyperscale data centers 

17    are being built at a rate we haven't seen before, 

18    and of course on a scale we haven't seen before.  

19    A lot of these large energy facilities are 

20    20 megawatts and above, and they pose an 

21    existential threat to our energy grid which, we 

22    have discussed a lot in this chamber, is an 

23    energy crisis.  

24                 And so the point of this bill is to 

25    better understand the impacts of these biggest of 


                                                               7879

 1    the big data centers, not only in our energy grid 

 2    but also on our environmental resources.  We know 

 3    they take a significant amount of water, in 

 4    addition to our local communities, pollution, 

 5    et cetera.

 6                 SENATOR WEBER:   Through you, 

 7    Mr. President, will sponsor yield?  

 8                 ACTING PRESIDENT BAILEY:   Will the 

 9    sponsor yield?

10                 SENATOR GONZALEZ:   I do.

11                 ACTING PRESIDENT BAILEY:   The 

12    sponsor yields.  

13                 SENATOR WEBER:   So I guess after 

14    the 12-month moratorium, what can we as a body 

15    expect to see in terms of data related to the 

16    moratorium?

17                 SENATOR GONZALEZ:   Through you, 

18    Mr. President.  After the one-year moratorium, 

19    which again is on the permits through DEC for 

20    hyperscale data centers, we would expect to see 

21    an environmental impact report.  

22                 Under this bill, the report would 

23    include an analysis of current data centers in 

24    the state and their land, water and electricity 

25    use and generation source, projected growth of 


                                                               7880

 1    data centers in the state and their land, water 

 2    and electricity use, current and expected 

 3    pollution, impacts on DACs and recognized 

 4    Indigenous Nations, review of public money 

 5    received by data centers -- so any tax breaks -- 

 6    and five public comment periods, so the results 

 7    and feedback from those comment periods in 

 8    different regions across New York State.

 9                 SENATOR WEBER:   Okay, thank you.  

10    And through you, Mr. President, will the sponsor 

11    continue to yield?

12                 ACTING PRESIDENT BAILEY:   Will the 

13    sponsor yield?

14                 SENATOR GONZALEZ:   I do.

15                 ACTING PRESIDENT BAILEY:   The 

16    sponsor yields.  

17                 SENATOR WEBER:   You know, I think 

18    we all -- we've talked about it in this body 

19    where, you know, everything's going to AI, right?  

20    And we've seen so much cloud-based uses 

21    throughout the country, and we see it around the 

22    world, essentially.  

23                 And we know that in order for the 

24    U.S. to keep up and be a leading edge in terms of 

25    AI and the related fields, we're going to need to 


                                                               7881

 1    have data centers being built in this country.  

 2                 So I guess the question I have is -- 

 3    and I understand the concern from many residents, 

 4    including residents throughout the state, in 

 5    terms of the power needed to run these data 

 6    centers.  

 7                 But, you know, do you think or do 

 8    you have an idea of, you know, this push towards 

 9    electrification in the state, has that 

10    contributed a lot to the power needs in this area 

11    as well?  

12                 SENATOR GONZALEZ:   Through you, 

13    Mr. President.  

14                 I appreciate my colleague calling 

15    out that there has been a lot of support for this 

16    bill across the state.  We've actually seen, in 

17    the absence of state regulation and federal 

18    legislation, local governments, like in the 

19    Town of Dryden, ban data centers.  

20                 Data centers and specifically 

21    hyperscale data centers, as pointed out, are for 

22    generative AI.  And the big -- these large, large 

23    energy facilities right now are running primarily 

24    in other states on fossil fuel.  

25                 So what we are trying to do in this 


                                                               7882

 1    bill is say that if we are going to make any 

 2    approvals of additional hyperscale data 

 3    centers -- which in the moment there's a queue of 

 4    28, with over 9,000 megawatts -- that we 

 5    shouldn't just rely on fossil fuels, but we 

 6    should have energy efficiency standards, we 

 7    should also have renewable energy standards that 

 8    work in tandem with the CLCPA as we've amended it 

 9    this year.

10                 SENATOR WEBER:   And through you, 

11    Mr. President, will the sponsor continue to 

12    yield?

13                 ACTING PRESIDENT BAILEY:   Will the 

14    sponsor yield?

15                 SENATOR GONZALEZ:   I do.

16                 ACTING PRESIDENT BAILEY:   The 

17    sponsor yields.  

18                 SENATOR WEBER:   You know, it says 

19    the bill requires any data center with a peak 

20    load of 5 megawatts or larger to procure 

21    one-third of its electricity consumption from 

22    renewable energy systems by 2030, with the 

23    mandate rising to 90 percent by 2040.  And then 

24    it also requires that the data centers derive as 

25    much energy -- or, quote as much of its energy 


                                                               7883

 1    needs as is technologically, environmentally and 

 2    practically feasible, from on-site generation 

 3    from renewable energy systems.  

 4                 So I guess we see some potential 

 5    inconsistencies with the CLCPA's mandate that by 

 6    2040 the state electrical grid be zero emissions, 

 7    not all renewables.  So I guess the question is:  

 8    Why preclude data center use of other sources of 

 9    clean energy including nuclear, biogenic fuels, 

10    or other yet to be identified dispatchable, 

11    emissions-free resources?

12                 SENATOR GONZALEZ:   Through you, 

13    Mr. President.  To be clear, in this bill we set 

14    targets.  And the initial target between 2030 and 

15    2034 is one-third electricity consumption derived 

16    from renewables.  There is nothing in this bill 

17    barring the other two-thirds coming from any 

18    other source, including fossil fuels.  

19                 And now we do want to make sure 

20    that, understanding we have a climate crisis, 

21    these large-scale energy facilities are running 

22    on majority-renewables.  And so, again, we set 

23    targets but at no point -- and this was 

24    intentional -- did we put 100 percent renewables, 

25    because we understand that some of these centers 


                                                               7884

 1    after 2040 may need to get their energy 

 2    elsewhere.  

 3                 SENATOR WEBER:   Thank you.  

 4                 And through you, Mr. President, will 

 5    the sponsor continue to yield?  

 6                 ACTING PRESIDENT BAILEY:   Will the 

 7    sponsor yield?

 8                 SENATOR GONZALEZ:   Yes.

 9                 ACTING PRESIDENT BAILEY:   The 

10    sponsor yields.  

11                 SENATOR WEBER:   So I'd like to talk 

12    to you about data centers that are -- whether in 

13    the construction process or in the permitting 

14    process or maybe even at the infantile stage 

15    process right now.  What happens in all of those 

16    scenarios right now under this legislation?  

17                 SENATOR GONZALEZ:   Through you, 

18    Mr. President, that is a good question.  

19                 If a data center -- again, 

20    specifically a hyperscaler that's over 

21    20 megawatts has received their permit from DEC, 

22    this bill has no impact on them.  

23                 If they have not yet received a 

24    permit from DEC, then this one-year moratorium 

25    would apply.  


                                                               7885

 1                 But to be clear, that does not 

 2    preclude the other processes that they're already 

 3    a part of.  So if after this bill is signed into 

 4    law a hyperscale center hasn't received their 

 5    permit from DEC, they would likely still be in 

 6    the NYISO queue.  And the NYISO queue takes two 

 7    to five years.  

 8                 So this would not be a significant 

 9    setback, under our eyes, which is why we felt one 

10    year was a reasonable compromise.

11                 SENATOR WEBER:   Okay.  All right.  

12    Thank you, Mr. President.

13                 ACTING PRESIDENT BAILEY:   Thank 

14    you, Senator Weber.   

15                 Senator Mattera, why do you rise?

16                 SENATOR MATTERA:   Thank you, 

17    Mr. President.  Would the sponsor yield for some 

18    questions, please?

19                 ACTING PRESIDENT BAILEY:   Will the 

20    sponsor yield?

21                 SENATOR GONZALEZ:   Yes.

22                 ACTING PRESIDENT BAILEY:   The 

23    sponsor yields.

24                 SENATOR MATTERA:   And I thank you, 

25    Senator.  


                                                               7886

 1                 What is one year going to do with a 

 2    moratorium?  You just had some -- you know, 

 3    explained some questions from my colleague.  

 4    Again, you pretty much said -- what is a year 

 5    going to do?

 6                 SENATOR GONZALEZ:   Through you, 

 7    Mr. President.  One year is going to allow us to 

 8    do our jobs as legislators.  And that means 

 9    having a real, substantive and holistic plan for 

10    what our energy future can look like, and how 

11    we're going to protect ratepayers from the 

12    potential costs that hyperscalers pose.  

13                 So it will give us the environmental 

14    impact report to give us the information to do 

15    exactly that.

16                 SENATOR MATTERA:   Through you, 

17    Mr. President, would sponsor continue to yield?  

18                 ACTING PRESIDENT BAILEY:   Will the 

19    sponsor yield?

20                 SENATOR GONZALEZ:   Yes.

21                 SENATOR MATTERA:   So in other 

22    words --

23                 ACTING PRESIDENT BAILEY:   The 

24    sponsor -- 

25                 SENATOR MATTERA:   So if you didn't 


                                                               7887

 1    get any --

 2                 ACTING PRESIDENT BAILEY:   The 

 3    sponsor yields.  

 4                 SENATOR MATTERA:   Oh, I'm sorry.

 5                 ACTING PRESIDENT BAILEY:   That's 

 6    all right.  I'm sorry.  The sponsor yields.  I'm 

 7    just letting you know, Senator Mattera.

 8                 SENATOR MATTERA:   So after a year 

 9    goes by -- and pretty much that goes by very, 

10    very fast -- are you going to go and propose and 

11    put another bill forward, the same thing, to do 

12    another moratorium for two years, three years, 

13    four years, five years?  

14                 SENATOR GONZALEZ:   Through you, 

15    Mr. President.  I certainly do not have the 

16    results of the environmental impact report, and 

17    therefore I don't know what will be needed at the 

18    other end of this one-year moratorium.  

19                 But what we do know is that by 

20    passing this bill we're not just instating the 

21    one year to allow us to create new processes, 

22    we're also doing some other important things.  

23    Notably, creating a separate rate class for 

24    hyperscalers and large energy facilities, and a 

25    separate not only energy rate class, but water 


                                                               7888

 1    usage class.  

 2                 So what we're doing in the next year 

 3    and certainly what we'll see by the end of that 

 4    is companies actually shouldering the costs of 

 5    buildout and everyday New Yorkers not seeing 

 6    their energy bills continue to skyrocket because 

 7    of it.

 8                 SENATOR MATTERA:   Will the sponsor 

 9    continue to yield, please?  

10                 ACTING PRESIDENT BAILEY:   Does the 

11    sponsor yield? 

12                 SENATOR GONZALEZ:   Yes.

13                 ACTING PRESIDENT BAILEY:   The 

14    sponsor yields.  

15                 SENATOR MATTERA:   Do you feel, 

16    Senator, that -- oh, I'm sorry {inaudible}.  Do 

17    you feel that you should have maybe looked into 

18    doing a study on something like this before to go 

19    put a moratorium?  A study bill?

20                 SENATOR GONZALEZ:   Through you, 

21    Mr. President.  I put forward this bill because I 

22    believe this is the best solution and that 

23    hyperscale data centers pose an energy threat we 

24    haven't seen before.  

25                 If there are additional studies that 


                                                               7889

 1    are needed, certainly my colleague is welcome to 

 2    introduce those bills.

 3                 SENATOR MATTERA:   Through you, 

 4    Mr. President, will the sponsor continue to 

 5    yield?

 6                 ACTING PRESIDENT BAILEY:   Does the 

 7    sponsor yield?

 8                 SENATOR GONZALEZ:   Yes.

 9                 ACTING PRESIDENT BAILEY:   The 

10    sponsor yields.

11                 SENATOR MATTERA:   Do you feel that 

12    your bill is going to be turning away business?  

13    Because, you know, we have not just with the -- 

14    which we're going to get into, the trades, but 

15    we're going to get into the Business Council.  

16                 Do you feel that, in other words, 

17    this is something that we care about New York 

18    State so much to bring business in?  So guess 

19    what, so we could have, you know, great jobs for 

20    our future.  We talk about it all the time to 

21    bring business in.  And this is just going to 

22    hurt people that want to come to this state, to 

23    say what's next.  

24                 Do you feel, in other words, that 

25    this is going to hurt business coming into our 


                                                               7890

 1    state?  

 2                 SENATOR GONZALEZ:   Through you, 

 3    Mr. President.  Economic development and business 

 4    is important to us.  That's why this bill is 

 5    narrow in scope.  That is why we are only 

 6    including DEC permits for large energy facilities 

 7    20 megawatts and above, as I've stated several 

 8    times.  

 9                 Now, this means that every other 

10    data center is not going to be a part of this 

11    moratorium.  It also means that we will have the 

12    ability to implement things like a project labor 

13    agreement to have labor standards so that when 

14    these larger energy facilities are built, we're 

15    not only benefiting from the business here in 

16    New York State, we're actually creating union 

17    jobs and good-paying jobs at that.

18                 So this bill was intentionally 

19    written to balance our energy needs and our need 

20    to plan as a state, but also to have a shorter 

21    pause in order to not completely disincentivize 

22    these centers moving forward.  

23                 SENATOR MATTERA:   Through you, 

24    Mr. President, will the sponsor still continue to 

25    yield?


                                                               7891

 1                 ACTING PRESIDENT BAILEY:   Does the 

 2    sponsor yield?

 3                 SENATOR GONZALEZ:   Yes.

 4                 ACTING PRESIDENT BAILEY:   The 

 5    sponsor yields.  

 6                 SENATOR MATTERA:   You know, 

 7    Senator, I've been having discussions with all 

 8    the trades and they are very, very upset about 

 9    this bill, very much so.  

10                 Did you ever have any conversations 

11    with the union trades like myself, being a union 

12    brother and sister of the trades, and the 

13    Business Council at all to talk about your bill?

14                 SENATOR GONZALEZ:   Through you, 

15    Mr. President, yes, the building trades were 

16    engaged.  That is why we see labor language in 

17    this bill.  

18                 And the alternative, I would remind 

19    the chamber, is do to nothing in this space.  

20    That would mean approvals would go forward 

21    without any of these labor standards.  

22                 So the labor standards are 

23    representative of what they've asked for, it's 

24    representative certainly of our constituents, and 

25    it's representative of the need to make sure that 


                                                               7892

 1    the trades have more jobs in the future.

 2                 SENATOR MATTERA:   Through you, 

 3    Mr. President, would the Senator continue to 

 4    yield.

 5                 SENATOR GONZALEZ:   Yes, I do.

 6                 ACTING PRESIDENT BAILEY:   Does the 

 7    sponsor yield?  The sponsor yields.  

 8                 SENATOR MATTERA:   Senator, if you 

 9    don't mind, can you tell me what trades that you 

10    had conversations with, please?  

11                 SENATOR GONZALEZ:   Through you, 

12    Mr. President, I've spoken to the pipe trades, 

13    I've spoken to the building trades, and think 

14    they understand that New York, as much as we want 

15    to continue building, we also are in an energy 

16    crisis.  

17                 While they oppose this bill, as they 

18    would any construction moratorium, I think it's 

19    also important to note that the idea that these 

20    jobs will not exist in a year or that businesses 

21    will go somewhere is a misunderstanding of the 

22    technology itself.  It is true that developers 

23    can go wherever they want to go.  Right now these 

24    hyperscalers are used for generative AI, they're 

25    used for large language models.  And when you use 


                                                               7893

 1    ChatGPT, for the most part your response is 

 2    coming from a data center in Virginia.  

 3                 But in order to have the fastest 

 4    products, in order to be the most competitive in 

 5    the market, companies -- and again, these big 

 6    tech companies are really who we're talking 

 7    about -- want to have their data centers as close 

 8    as possible because that improves latency.  

 9                 And so in a year, that desire and 

10    economic incentive for them won't change, but it 

11    will actually probably increase given how many 

12    more consumers are adopting generative AI in 

13    their worklife and in their personal lives.

14                 SENATOR MATTERA:   Through you, will 

15    the Senator continue to yield?

16                 SENATOR GONZALEZ:   Yes.

17                 ACTING PRESIDENT BAILEY:   Does the 

18    sponsor yield?  The sponsor yields.  

19                 SENATOR MATTERA:   I'm going to ask 

20    you again because, Senator, I've had conversation 

21    with the trades.  You still didn't mention, was 

22    it Gary LaBarbera, the building trades president?  

23    Was it anybody in the building -- you know, with 

24    the building -- the councils?  I really would 

25    like to know.  Matty Arasich?  


                                                               7894

 1                 Was it the, you know, trades -- 

 2    because they're the ones that called me up to say 

 3    to, Please have this discussion where you just 

 4    say, Please, this is going to be hurting tens of 

 5    thousands of good union jobs, the hardworking men 

 6    and women of labor.  That's what this is going to 

 7    do.  

 8                 They're frightened because, you know 

 9    what, you're going to continue -- you sit there 

10    and say a year.  A year is going to go by like 

11    this, and then they're frightened that you're 

12    going to be doing this again with another 

13    moratorium.  So please, I'm asking you, who did 

14    you speak to?

15                 SENATOR GONZALEZ:   Through you, 

16    Mr. President.  I know that leadership was in 

17    contact with Gary LaBarbera.  

18                 But it is not custom in this chamber 

19    to give a list of names of contacts.  I know we 

20    have our own individual relationships.  Although 

21    I'm happy to talk more to my colleague offline.  

22                 I would also note that as state 

23    legislators, we have to balance interests.  

24    That's why we went down from a three-year 

25    moratorium to a one-year moratorium.  That was 


                                                               7895

 1    responsive to the pushback that we were hearing 

 2    and the opposition that I mentioned.

 3                 But the other piece that we have to 

 4    balance is that in addition to the short-term 

 5    jobs that could potentially be made in the next 

 6    year just by starting right away, we need to 

 7    balance our constituents' needs to have 

 8    affordable energy bills.  And that's what we're 

 9    doing here.  

10                 If we do nothing, we may get some 

11    short-term jobs in the next year, but that will 

12    still be there at the end of this year, to be 

13    clear, but we would also be risking all of us as 

14    everyday ratepayers having those costs socialized 

15    and reflected, in the next rate case, in our 

16    energy bills.  

17                 And so this bill really is a balance 

18    of interests.

19                 SENATOR MATTERA:   Through you, 

20    Mr. President, would the Senator continue to 

21    yield? 

22                 ACTING PRESIDENT BAILEY:   Does the 

23    sponsor yield?

24                 SENATOR GONZALEZ:   Yes.

25                 ACTING PRESIDENT BAILEY:   The 


                                                               7896

 1    sponsor yields.  

 2                 SENATOR MATTERA:   Senator, I 

 3    disagree with you with a one-year moratorium.  

 4    It's going to then turn into next year more and 

 5    more.  

 6                 You and I are colleagues on the 

 7    Energy Committee.  I want to ask you a quick 

 8    question.  Wind, solar and battery storage.  You 

 9    are somebody that talks about that.  You want to 

10    get rid of the peaker plants; it causes asthma, 

11    all this.  

12                 First of all, I am very, very proud 

13    that the NESE pipeline came in, right, into our 

14    area on Long Island, 2.3 million homes and 

15    businesses, because it is a necessity with the 

16    PSC.  What is your answer to making sure that we 

17    have energy sources for any data centers?  And a 

18    year is going to do this?

19                 SENATOR GONZALEZ:   Through you, 

20    Mr. President.  That's exactly why we're passing 

21    this bill.  It is not for me to have that plan.  

22                 This plan -- a plan like that needs 

23    to be informed by the environmental impact 

24    review.  There's a lot of information we do not 

25    have, including a list of where all the data 


                                                               7897

 1    centers are, or what their expected demand will 

 2    be and how much we'll need to build out renewable 

 3    energy or fossil fuel infrastructure in order to 

 4    support them -- and hopefully not the latter, the 

 5    former.  

 6                 But I would add that the PSC is 

 7    currently having its own process.  So this is 

 8    working in tandem with the questions the PSC are 

 9    asking.  This would give information to the DEC, 

10    and this would certainly give information to our 

11    Legislature in the next legislative session to 

12    see if there are any bills that need to be passed 

13    to properly plan and support buildout of energy 

14    to meet current and future demand.

15                 SENATOR MATTERA:   Through you, 

16    Mr. President, would the sponsor continue to 

17    yield, please.

18                 ACTING PRESIDENT BAILEY:   Will the 

19    sponsor yield?

20                 SENATOR GONZALEZ:   Yes.

21                 ACTING PRESIDENT BAILEY:   The 

22    sponsor yields.

23                 SENATOR MATTERA:   You know, you 

24    mentioned about the water supply and everything 

25    like that.  Do you realize that these data 


                                                               7898

 1    centers, we have a closed-loop system?  You know, 

 2    we have cooling towers.  Do you realize that?  

 3                 In other words, I know you were 

 4    concerned about the water supply.  Do you 

 5    realize, in other words, they're talking about 

 6    thermal energy being also to create energy at 

 7    these facilities?  

 8                 SENATOR GONZALEZ:   Through you, 

 9    Mr. President.  Closed-loop systems aren't the 

10    only way that data centers support cooling.  

11                 And I would say that when we talk 

12    about water usage, it's often in terms of 

13    individual queries.  But training these models, 

14    which happens on an ongoing basis, actually is 

15    incredibly water and energy intensive.  

16                 And so we don't have an accurate 

17    idea outside of even these cooling systems how 

18    much more demand there will be on our water 

19    supply and where those water supplies will be, 

20    whether they are lakes, potable water, or fresh 

21    drinking water moving forward.

22                 SENATOR MATTERA:   Through you, 

23    Mr. President, just a couple more questions.  

24    Would the Senator continue to yield?  

25                 ACTING PRESIDENT BAILEY:   Does the 


                                                               7899

 1    sponsor yield?

 2                 SENATOR GONZALEZ:   Yes.

 3                 ACTING PRESIDENT BAILEY:   The 

 4    sponsor yields.

 5                 SENATOR MATTERA:   Senator, what 

 6    does this do about local control?  What does this 

 7    do to hurt local control?  

 8                 We talk about that a lot, that, you 

 9    know, we do not -- we have people that do a great 

10    job with the counties and the towns and the 

11    villages, with them with local control.  Have you 

12    talked to -- because I'm telling you, I haven't 

13    heard that.  Have you talked to 62 counties in 

14    our State of New York at all to ask how they feel 

15    about a moratorium?

16                 SENATOR GONZALEZ:   Through you, 

17    Mr. President.  I think it is notable that there 

18    are over 69 memos of support that represent 

19    organizations and a significant number of 

20    New Yorkers.  

21                 While we haven't received feedback 

22    from every town board, I would say that it's 

23    important to note that the Town of Dryden did I 

24    believe a moratorium in Monroe County {sic}.  I 

25    believe Brookdale is coming forward.  


                                                               7900

 1                 In the absence of state legislation, 

 2    as I've mentioned, local governments have been 

 3    implementing bans.  And nationwide, that's 

 4    happened more than the opposite.

 5                 I would also add that it is unfair 

 6    to expect local governments to have to engage 

 7    with the wealthiest companies in the world -- 

 8    Google, Amazon, Meta, Microsoft.  Because when 

 9    you put those tech goliaths in a room with a 

10    local government, I would bet a lot of the times 

11    they have the resources to win whatever they 

12    want.

13                 What this bill does is allow us as 

14    state legislators to take on the responsibility 

15    of saying that there should be clear standards of 

16    community benefits that wouldn't otherwise be 

17    negotiated, community engagement, which isn't 

18    otherwise mandated, to actually happen and 

19    empower those local governments, empower those 

20    local boards and local constituents to get the 

21    most out of each of these potential deals.  

22                 And the last thing I'd mention on 

23    permitting, this does nothing -- because it is 

24    just a DEC permit, it does nothing to change the 

25    power of local governments to issue local permits 


                                                               7901

 1    in the process, as well as IDAs to continue to 

 2    negotiate.

 3                 SENATOR MATTERA:   Through you, 

 4    Madam President, just one more question.  Would 

 5    the sponsor yield, please?  

 6                 ACTING PRESIDENT PERSAUD:   Will the 

 7    sponsor yield?

 8                 SENATOR GONZALEZ:   Yes.

 9                 ACTING PRESIDENT PERSAUD:   The 

10    sponsor yields.

11                 SENATOR MATTERA:   So you just said 

12    that, in other words, that New York State with 

13    this bill will supersede local control, because 

14    you want to take the burden off of them because 

15    they do not know how to handle big business.  

16                 Which on Long Island, we have over 

17    3 million people, we know how to handle our 

18    business, our county executives, our town 

19    supervisors, our village supervisors do a great, 

20    great job.  And I'm very proud that I personally 

21    vote for them.

22                 So again, to go sit there and say -- 

23    you just said it -- to take away pretty much 

24    local control is, I'm telling you, very 

25    insulting.


                                                               7902

 1                 SENATOR GONZALEZ:   Through you, 

 2    Madam President.  I would like to be clear.  

 3                 What this bill is doing is evening 

 4    the playing field by requiring public engagement 

 5    before a permit is released, requiring community 

 6    benefits and making sure that these tech goliaths 

 7    are brought to the table and held accountable and 

 8    are shouldering the costs.  

 9                 I would say that, again, adds to 

10    empowering local governments that will continue 

11    to be the ones in the room having those 

12    engagement sessions, having the negotiations, and 

13    approving or choosing not to approve local 

14    permits.  

15                 And the other piece I mentioned for 

16    New Yorkers is we're legislators.  That is what 

17    we do, we legislate for the whole state.  So it 

18    is not uncommon to pass statewide regulations in 

19    this chamber, and I think it's actually part of 

20    our responsibility in this chamber to pass 

21    statewide standards.

22                 SENATOR MATTERA:   On the bill.

23                 ACTING PRESIDENT PERSAUD:   Senator 

24    Mattera on the bill.

25                 SENATOR MATTERA:   You know, all 


                                                               7903

 1    New Yorkers need to understand something, that a 

 2    bill like this supersedes all local laws.  

 3                 You know, as somebody that was in 

 4    the trades, this is hurting all the hardworking 

 5    men in the union trades -- that in other words, 

 6    there's a PLA on this project, all these 

 7    projects, and we're very proud of that.  The 

 8    leaders called me up from the unions to say, 

 9    Please, we're nervous, we feel that, in other 

10    words, down the line this is going to continue, 

11    and it's going to hurt progress.

12                 Right now we have other states and 

13    other countries that are going to surpass us 

14    because of bills just like this that are hurting 

15    businesses that are coming here in this state.  

16    We say we want to attract businesses.  We say 

17    that this state is affordable, which it's not.  

18    There's a reason why we have everybody exiting 

19    out of this state -- 2.5 million exited out of 

20    this state since 2020.  We'll have another 

21    6 million in five more years with the study, from 

22    the Marist study saying that we're going to have 

23    more people leaving.  

24                 Businesses don't want to come here.  

25    They don't.  They say:  Why, with all this?  


                                                               7904

 1    They're nervous.  And you know who's nervous?  

 2    The hardworking men and women of labor, because 

 3    they're the backbone of the economy.  Without 

 4    construction and construction workers that brings 

 5    in revenue -- and, you know what, apprenticeship 

 6    programs.  We know what AI is going to be doing.  

 7    The trades are going to be healthier because of 

 8    projects like this because AI is scary.  It's 

 9    going to be taking away a lot of jobs from a lot 

10    of people.  

11                 I have the job fairs and go to the 

12    schools with the job fairs.  I talk to the kids.  

13    And they say to them, Watch what you're going to 

14    college for.  Make sure there's going to be a job 

15    for you.  

16                 Am I nervous about AI?  Yes, I am.  

17    But you know what?  The construction workers need 

18    to go to work.  And you know what, the 

19    apprenticeship programs are getting larger and 

20    larger and larger for a lot of reasons.  But to 

21    go and to put a moratorium on, and everybody 

22    looks -- and it's going to happen again and again 

23    and again.  Because one year is going to do 

24    absolutely nothing.  It's going to be doing 

25    nothing.  


                                                               7905

 1                 Our energy source, we put all our 

 2    eggs in one basket.  Wind, solar, and battery 

 3    storage.  That's the reason why again I'm going 

 4    to say, guess what, natural gas.  We had to bring 

 5    it in.  Guess what?  It was a necessity again.  

 6                 I know my colleagues were not happy 

 7    on the Energy Committee this year.  They 

 8    definitely weren't.  Do we know the Constitution 

 9    Pipeline needs to come in also too?  It's a 

10    necessity.  It has to happen.  

11                 And you know what, to retool our 

12    existing power plants.  Yes, carbon capture.  

13    That's what needs to be done.  And you know, 

14    again, this bill does absolutely nothing but 

15    stall progress.

16                 For that, Madam President, I vote 

17    no.

18                 ACTING PRESIDENT PERSAUD:   Senator 

19    Helming, why do you rise?

20                 SENATOR HELMING:   Thank you, 

21    Madam President.  If the sponsor will yield for a 

22    couple of questions.

23                 ACTING PRESIDENT PERSAUD:   Sure.  

24                 Will the sponsor yield?

25                 SENATOR GONZALEZ:   Yes.


                                                               7906

 1                 ACTING PRESIDENT PERSAUD:   The 

 2    sponsor yields.  

 3                 SENATOR HELMING:   Thank you, 

 4    Senator.  I'm just looking for some clarification 

 5    on a couple of the responses that I heard during 

 6    the previous debate.  I thought I heard you say 

 7    that this legislation will have no impact on 

 8    existing data centers.  Is that accurate?  

 9                 SENATOR GONZALEZ:   Through you, 

10    Madam President.  The question was on permitting 

11    and the ability to build.  So the -- as I 

12    explained earlier, if an existing data center has 

13    received all of their permits, then this 

14    moratorium piece would not impact them.  

15                 If the clarification -- and I don't 

16    want to speak for my colleague, so feel free to 

17    ask follow-up questions -- is on other data 

18    centers that may be impacted by parts of this 

19    bill, some parts that I'm really excited about 

20    include, for data centers 1 megawatt and above, 

21    renewable energy or efficiency standards.

22                 SENATOR HELMING:   Through you, 

23    Madam President, if the sponsor will continue to 

24    yield.

25                 ACTING PRESIDENT PERSAUD:   Will the 


                                                               7907

 1    sponsor yield?

 2                 SENATOR GONZALEZ:   Yes.

 3                 ACTING PRESIDENT PERSAUD:   The 

 4    sponsor yields.  

 5                 SENATOR HELMING:   So, Senator, I 

 6    was looking at the section that talks about 

 7    someone who is currently operating a data center 

 8    is going to have to come into compliance with all 

 9    of the various energy consumption efficiency 

10    goals that are developed after they've already 

11    been in business for a number of years.  

12                 SENATOR GONZALEZ:   Through you, 

13    Madam President.  An operational data center at 

14    over 1 megawatt, which is enough to power a 

15    thousand homes, I want to be clear, a data center 

16    that's -- and many that exist that fall under the 

17    1 megawatt threshold continue to operate, they 

18    would not have the same energy efficiency goals.

19                 SENATOR HELMING:   Through you, 

20    Madam President, if the sponsor would continue to 

21    yield.

22                 ACTING PRESIDENT PERSAUD:   Will the 

23    sponsor yield? 

24                 SENATOR GONZALEZ:   Yes.

25                 ACTING PRESIDENT PERSAUD:   The 


                                                               7908

 1    sponsor yields.

 2                 SENATOR HELMING:   So also during 

 3    the previous exchange, questions and answers, it 

 4    sounds like there's a lot of work to be done over 

 5    the 12 months of the moratorium.  Senator, I 

 6    think you referred to it's an exciting time 

 7    because at the end of the 12 months, this body, 

 8    this legislative body, will have clear standards 

 9    we could use to base legislation on.

10                 SENATOR GONZALEZ:   That's not what 

11    I said.  I said at the end of the 12 months -- 

12    but actually, to be clear, I was specific to the 

13    end of the environmental impact review, we will 

14    have more information as a body in addition to 

15    the entire state.  Because the results of the 

16    review will be publicly available to all local 

17    governments, New Yorkers, anyone who is 

18    interested in understanding the full impacts of 

19    hyperscale data centers in New York State.

20                 SENATOR HELMING:   Through you, 

21    Madam President, if the sponsor will continue to 

22    yield.  

23                 ACTING PRESIDENT PERSAUD:   Will the 

24    sponsor yield?

25                 SENATOR GONZALEZ:   Yes.


                                                               7909

 1                 ACTING PRESIDENT PERSAUD:   The 

 2    sponsor yields.  

 3                 SENATOR HELMING:   Senator, who will 

 4    be involved with creating the energy consumption 

 5    efficiency goals?  Which stakeholders will be 

 6    engaged?

 7                 SENATOR GONZALEZ:   Through you, 

 8    Madam President.  I know the NYSERDA, in 

 9    conjunction with the NYISO, in conjunction with 

10    the Public Service Commission, as I mentioned, 

11    and the New York State Climate Action Council.  

12                 SENATOR HELMING:   Through you, 

13    Madam President, if the sponsor will continue to 

14    yield.

15                 ACTING PRESIDENT PERSAUD:   Will the 

16    sponsor yield?

17                 SENATOR GONZALEZ:   Yes.

18                 ACTING PRESIDENT PERSAUD:   The 

19    sponsor yields.  

20                 SENATOR HELMING:   What about the 

21    federally designated bulk system operators?  

22                 SENATOR GONZALEZ:   That's NYISO.

23                 SENATOR HELMING:   Okay.  Through 

24    you, Madam President, if the sponsor will 

25    continue to yield.  


                                                               7910

 1                 SENATOR GONZALEZ:   Yes.

 2                 ACTING PRESIDENT PERSAUD:   The 

 3    sponsor yields.  

 4                 SENATOR HELMING:   So we have one, 

 5    two, three, four -- at least four agencies.  And 

 6    how -- I'm just trying to understand how 

 7    realistic it is that these agencies are going to 

 8    be able to collect and analyze data, assess the 

 9    impacts on the grid, develop efficiency metrics, 

10    determine compliance standards, coordinate with 

11    utilities and stakeholders, produce findings and 

12    recommendations, and I think the sponsor said 

13    hold five public hearings around the state and 

14    publish the results in 12 months time.  

15                 How realistic is that?

16                 SENATOR GONZALEZ:   Through you, 

17    Madam President, in 18 months is when the 

18    environmental impact report is due.  

19                 And I think that's realistic because 

20    a lot of the organizations on that list do 

21    variations of that every day.  

22                 I also think for a state as big as 

23    New York, five is a reasonable number because we 

24    know that the needs of downstate aren't just all 

25    New York City, we know we have to think about 


                                                               7911

 1    Long Island, we know we have to think about 

 2    Western New York, we know we have to think about 

 3    the North Country.  I've already mentioned four 

 4    different areas.  And the Hudson Valley, that 

 5    makes five.  

 6                 Now, I'm not saying those are where 

 7    they're going to be, but what I imagine is five 

 8    actually allowing us to get a better sense of 

 9    what our own constituents and the state broadly 

10    thinks about hyperscale data centers.

11                 SENATOR HELMING:   Through you, 

12    Madam President, if the sponsor will continue to 

13    yield.  

14                 ACTING PRESIDENT PERSAUD:   Will the 

15    sponsor yield?

16                 SENATOR GONZALEZ:   Yes.

17                 ACTING PRESIDENT PERSAUD:   The 

18    sponsor yields.

19                 SENATOR HELMING:   Whether it's 

20    12 months or 18 months, it still seems like a 

21    very aggressive schedule.  And my question is, 

22    what happens if this work isn't completed in that 

23    time frame?

24                 SENATOR GONZALEZ:   Through you, 

25    Madam President.  I agree, that is an aggressive 


                                                               7912

 1    time frame.

 2                 We actually wanted initially a 

 3    three-year moratorium to give us as much time as 

 4    possible.  But for the reasons we've mentioned in 

 5    this debate already, to balance our need for 

 6    economic development and a desire to continue 

 7    moving forward in innovation and generative AI, 

 8    we've shortened both the timeline for the 

 9    moratorium and the environmental impact report.

10                 Now, I hope as my colleague 

11    understands with any reporting in this state, 

12    we -- it is incumbent on us as a chamber and as 

13    members to follow up to make sure that they are 

14    on schedule and that we receive that report 

15    within the timeline.

16                 SENATOR HELMING:   Thank you, 

17    Madam President.  I thank my colleague for the 

18    responses.

19                 ACTING PRESIDENT PERSAUD:   Senator 

20    Borrello.

21                 SENATOR BORRELLO:   Thank you, 

22    Madam President.  On the bill.

23                 ACTING PRESIDENT PERSAUD:   Senator 

24    Borrello on the bill.

25                 SENATOR BORRELLO:   So this is a 


                                                               7913

 1    controversial topic.  And we have data centers 

 2    being proposed in different parts of our state, 

 3    one of them in my district.  

 4                 But you know what?  I have never 

 5    seen Albany study something and make it better, 

 6    quite honestly.  I've never seen Albany send a 

 7    directive and make it better.  And what this bill 

 8    will do is it's taking away local decision-making 

 9    and local control.  

10                 You know, I've been asked by my 

11    constituents where I stand.  I stand with local 

12    governments making this decision.  Why?  Because 

13    I spent 10 years in county government.  And every 

14    time the state government came down on us, it was 

15    never good.  It was just a one-size-fits-all, 

16    politically driven agenda.  Most of the time to 

17    burden us with the expense and cover for their 

18    mistakes.  

19                 And that's what this is about.  This 

20    moratorium is not about responsible -- which 

21    isn't a word, responsible development.  It's 

22    about covering up for New York State's failed 

23    energy policies.  It wasn't that long ago the 

24    Governor was talking about making New York State 

25    the world center for AI.  And we're going to 


                                                               7914

 1    develop all this stuff and we're going to be the 

 2    hub for AI.

 3                 Well, how the hell are you going to 

 4    do that with no energy?  She had the opportunity 

 5    to do what she's doing now -- desperately trying 

 6    to bring more energy online, desperately trying 

 7    to get you folks on the other side of the aisle 

 8    to agree to repower traditional baseload power.  

 9    And we're not doing it.  

10                 So really what this is about is 

11    admitting that you have failed in having 

12    responsible energy policy here in New York State.  

13    That you shut down power plants, that you've 

14    wasted time and billions of dollar with these 

15    boondoggle green energy projects.  

16                 You know what I'd like to see?  I 

17    would love to see a responsible re-energy act 

18    that pauses all of these ridiculous solar sprawl 

19    and wind that's going off across New York State, 

20    that's gobbling up tens of thousands of acres of 

21    good farmland across New York State.  

22                 I'd like to see a responsible act to 

23    pause that, and let's come up with some better 

24    ideas, some more responsible ways of handling it.  

25    Because right now you've created very little 


                                                               7915

 1    energy and you've blanketed the beautiful parts 

 2    of our state with these ridiculous wind and solar 

 3    projects.  They pop up overnight.  Where is the 

 4    responsibility there? 

 5                 I was told, I heard in the debate 

 6    that these big companies -- that local 

 7    governments just can't deal with these big tech 

 8    companies.  And yet we have all of these foreign 

 9    companies coming in and negotiating with all of 

10    these local governments.  And what do we do?  We 

11    actually tell them, Don't worry about the legal 

12    stuff, the solar company, the wind company, their 

13    attorney that they're paying is going to 

14    negotiate for both sides.  

15                 That's worked out really, really 

16    well, hasn't it?  You've allowed them to come in 

17    and scam our local governments.  You think that's 

18    okay, because it fits your political agenda.

19                 So don't tell me this is about 

20    trying to protect local governments.  It's not.  

21    It's about trying to override them.  There are 

22    projects in the works that are going to provide 

23    good-paying jobs and transformational funding for 

24    needed infrastructure.  And those are going to 

25    come to an end after local governments and local 


                                                               7916

 1    economic development corporations have done 

 2    everything they can to negotiate the best deal 

 3    that they can.  

 4                 And by the way, wind and solar 

 5    provides almost nothing except pain and 

 6    destroying our quality of life.  That's what it's 

 7    provided to local governments.  Not a single job.  

 8    All these wind projects, all these solar 

 9    projects, zero jobs.  Zero.  

10                 I've heard this is going to raise 

11    our energy prices.  Well, here in New York State 

12    we have approximately 120 to 140 data centers.  

13    Not a lot.  Now, compare that to the State of 

14    Virginia.  Just Northern Virginia has 550 data 

15    centers -- 550 versus us at about 120, 130, call 

16    it what you want.  Their cost per kilowatt hour 

17    for electricity is half of New York State's, 

18    half.  

19                 So it's not data centers that's 

20    going to raise our electricity prices.  It's 

21    irresponsible policies out of this body that have 

22    raised our electricity prices.  It's the 

23    boondoggle green energy projects that are -- the 

24    cost of infrastructure is built into -- hidden, 

25    excuse me, inside of those delivery charges.  


                                                               7917

 1    It's the fact that we told energy companies, 

 2    don't invest in here, don't invest in 

 3    infrastructure, don't build new power plants.  

 4    Because we're going to put you out of business.  

 5    And you think you're going to -- in a year you're 

 6    going to pause this for a year and you're going 

 7    to figure out a way to power data centers with 

 8    windmills and solar panels?  No, you're not.  

 9    Absolutely not.  

10                 So you're doing this and you're 

11    actually saying we're going to pause it for a 

12    year but we're not going to get the data in, 

13    we're not going to get the answers for 18 months.  

14    How's that going to work?  How are you going to 

15    pause something for a year and not get your 

16    answers to your questions for a year and a half?  

17    That's not going to work either.  

18                 I'm not saying that I want data 

19    centers.  What I am saying is that if we are 

20    going to be the leader in AI, whether it's New 

21    York State or the United States, data centers are 

22    part of that.  

23                 If we're going to actually try to be 

24    the leader, the world leader in artificial 

25    intelligence so we can do it better and more 


                                                               7918

 1    responsibly than anywhere else in the world, 

 2    we're going to need power to do that.  And 

 3    enemies of the United States know that this is a 

 4    problem here.  The enemies of the United States 

 5    are investing in propaganda against these 

 6    data centers so as to beat the United States at 

 7    this game.  That's why they are spreading the 

 8    propaganda.  They're organized.  Look at some of 

 9    the money that's flowing into these anti-data 

10    centers organizations.  It's not organic, it's 

11    calculated.  And it's calculated by the enemies 

12    of the United States.  

13                 When we take away that local 

14    control, what we are saying is we are better than 

15    you, smarter than you, know more than you.  I 

16    know people on our local economic development 

17    organizations, our IDAs, local economic 

18    development corporations.  These are business 

19    owners, smart people that have built corporations 

20    and built businesses that employed people from 

21    nothing.  I can't say that for most of the people 

22    in this room or the room next door.  Most of you 

23    have never employed a single person in your life 

24    except for the government employees that you 

25    have.  


                                                               7919

 1                 So you're going to tell me that 

 2    you're smarter than someone that has built a 

 3    successful business from nothing?  Or has been a 

 4    farmer, a local farmer with generations, that you 

 5    guys know better than they do?  I don't think you 

 6    do.  It's this arrogance that we know better.  

 7                 So whatever we decide to do here 

 8    today is going to determine whether or not AI is 

 9    going to be a New York thing or a somewhere else 

10    thing, whether it's Pennsylvania or China.  

11    That's what you're going to determine today.  And 

12    I want the communities that want this in their 

13    community to have the opportunity to do it.  And 

14    the ones that don't do not have to.  

15                 But to sit here and say that we are 

16    going to do this ban while ignoring the fact that 

17    we don't have the power and we don't have the 

18    infrastructure to deliver that power is foolish.  

19    To sit here and say that we are going to wait for 

20    enough wind and solar projects -- which if they 

21    blanketed all of New York State, if you took up 

22    every square inch of this state, it still won't 

23    be enough to power the needs that we have here 

24    right now -- is also irresponsible.  

25                 So I'm going to vote no on this 


                                                               7920

 1    because I want to keep local control.  I'm going 

 2    to vote no because I know that this is just a 

 3    ruse, a red herring to cover for the disastrous 

 4    energy policies that you have visited upon the 

 5    people of New York State.  I'm going to vote no 

 6    because I don't think, at the end of the day, 

 7    anybody in this room is quite frankly responsible 

 8    enough to determine the outcome for any local 

 9    organization, any local government, anyone's 

10    local quality of life.  

11                 That's why I'm voting no.  Thank 

12    you, Madam President.  

13                 ACTING PRESIDENT PERSAUD:   Thank 

14    you, Senator.  

15                 Are there any other Senators wishing 

16    to be heard?

17                 Senator Walczyk, why do you rise?  

18                 SENATOR WALCZYK:   Madam President, 

19    would the sponsor yield?  

20                 ACTING PRESIDENT PERSAUD:   Will the 

21    sponsor yield? 

22                 SENATOR GONZALEZ:   Yes.

23                 ACTING PRESIDENT PERSAUD:   The 

24    sponsor yields.

25                 SENATOR WALCZYK:   Through you, 


                                                               7921

 1    Madam President.  

 2                 So the Governor created the 

 3    Empire AI Consortium.  The Governor, with your 

 4    support, budgeted $90 million in tax money to 

 5    create data centers in New York.  The Governor 

 6    created the AI and Future of the Workforce 

 7    Advisory Panel.  You've obviously -- and I sit on 

 8    Internet and Tech, and you've legislated a number 

 9    of different regulatory things with the sort of 

10    perspective that New York is going lead on the AI 

11    and data center industry, and that's why we need 

12    to put all of these rules and regs in place, 

13    because we're going to be leaders.  

14                 And the Governor has recently said 

15    if AI is destined to reconfigure the global 

16    economy, New York must be on the front line.  She 

17    also said whoever is at the forefront of 

18    artificial intelligence will dominate the next 

19    chapter of human history.

20                 Was this negotiated with the 

21    Governor?

22                 SENATOR GONZALEZ:   Through you, 

23    Mr. President, that is a misunderstanding of how 

24    our legislative process tends to work here.  We 

25    introduce bills in the Assembly and the Senate, 


                                                               7922

 1    and we negotiate them usually through -- between 

 2    the two chambers.  And when hopefully they're 

 3    passed through both chambers and hopefully sent 

 4    to the Governor's desk, there is a chapter 

 5    amendment process where the Governor is able to 

 6    negotiate.  

 7                 So therefore, Madam -- 

 8    Mr. President, hi -- I would say that is not 

 9    where we are in the current process.

10                 SENATOR WALCZYK:   Mr. President, 

11    would the sponsor continue to yield?  

12                 ACTING PRESIDENT BAILEY:   Will the 

13    sponsor yield?

14                 SENATOR GONZALEZ:   Yes.

15                 ACTING PRESIDENT BAILEY:   The 

16    sponsor yields.

17                 SENATOR WALCZYK:   Without talking 

18    down to me about the legislative process, the 

19    question was pretty simple.  Was this bill 

20    negotiated with the Governor's office or not?

21                 SENATOR GONZALEZ:   Through you, 

22    Mr. President, I think I was pretty clear that I 

23    negotiated this bill with my colleagues, with 

24    leadership and our friends in the Assembly.

25                 SENATOR WALCZYK:   And through you, 


                                                               7923

 1    Mr. President, would the sponsor continue to 

 2    yield?  

 3                 ACTING PRESIDENT BAILEY:   Will the 

 4    sponsor yield?

 5                 SENATOR GONZALEZ:   Yes.

 6                 ACTING PRESIDENT BAILEY:   The 

 7    sponsor yields.

 8                 SENATOR WALCZYK:   Is the Governor 

 9    going to veto this bill?

10                 SENATOR GONZALEZ:   Through you, 

11    Mr. President, that is a question for the 

12    Governor.

13                 SENATOR WALCZYK:   Thank you, 

14    Mr. President.

15                 ACTING PRESIDENT BAILEY:   Senator 

16    Stec, why do you rise?

17                 SENATOR STEC:   If the sponsor would 

18    yield for a quick question.

19                 ACTING PRESIDENT BAILEY:   Will the 

20    sponsor yield?

21                 SENATOR GONZALEZ:   Yes.

22                 ACTING PRESIDENT BAILEY:   The 

23    sponsor yields.  

24                 SENATOR STEC:   Thank you, 

25    Mr. President, through you.  


                                                               7924

 1                 I'm not sure I heard an answer to 

 2    this question.  I just want to make sure we are 

 3    crystal-clear.  If this moratorium goes into 

 4    effect, what happens to a data center that's 

 5    already been approved, it's under construction, 

 6    but it's not yet operational?  Is that affected 

 7    or caught up in this moratorium, or will it be 

 8    allowed to proceed and go online?

 9                 SENATOR GONZALEZ:   Through you, 

10    Mr. President.  If they've already received their 

11    permits from the DEC, they will proceed and 

12    continue to build and not be impacted by this 

13    moratorium.

14                 SENATOR STEC:   Thank you, 

15    Mr. President.  

16                 ACTING PRESIDENT BAILEY:   Are there 

17    any other Senators wishing to be heard?

18                 Seeing and hearing none, debate is 

19    closed.

20                 The Secretary will ring the bell.

21                 Senator Gianaris.

22                 SENATOR GIANARIS:   Mr. President, 

23    we've agreed to restore this bill to the 

24    noncontroversial calendar.  

25                 ACTING PRESIDENT BAILEY:   Upon 


                                                               7925

 1    consent, the bill will be restored to the 

 2    noncontroversial calendar.

 3                 Read the last section.

 4                 THE SECRETARY:   Section 2.  This 

 5    act shall take effect immediately.

 6                 ACTING PRESIDENT BAILEY:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT BAILEY:   Senator 

10    Zellner to explain his vote.

11                 SENATOR ZELLNER:   Thank you, 

12    Mr. President.

13                 And thank you, Senator Gonzalez, for 

14    your courageous, great work on this bill.  

15                 I disagree with Senator Borrello.  

16    This isn't about local control, this about the 

17    people.  And the people are crying out for 

18    leadership from this body to do something about 

19    this issue.  

20                 Yesterday hundreds of residents 

21    packed a meeting in the Town of Tonawanda 

22    regarding the proposed data center at the former 

23    Tonawanda Coke site.  They came from different 

24    backgrounds, different neighborhoods, and 

25    different perspectives, but they were all there 


                                                               7926

 1    for the same reason.  They have questions, and 

 2    they do not believe those questions have been 

 3    answered.  

 4                 For weeks my staff and I have been 

 5    hearing from residents who are trying to 

 6    understand what these projects could mean for 

 7    their communities.  They're asking about energy 

 8    demand, water usages, infrastructure and utility 

 9    bills.  And they deserve answers.  

10                 The proposed Tonawanda data center 

11    may be on hold today, but this conversation is 

12    far from over.  Just outside my district a major 

13    project continues moving forward in Niagara.  

14    Another is being discussed in Genesee County.  

15    And we know across the state more proposals are 

16    being considered.  

17                 And before we hand over permits, 

18    infrastructure, tax incentives and access to our 

19    power grid, we have an obligation to make sure 

20    New Yorkers are getting a fair deal.  Because if 

21    these companies are going to profit from our 

22    communities, then our communities should benefit 

23    from their investment.  

24                 We cannot allow working families to 

25    subsidize billion-dollar companies through higher 


                                                               7927

 1    utility bills, strained infrastructure, or 

 2    decisions that are leaving communities with all 

 3    the consequences and none of the say.

 4                 As a father, I take that seriously.  

 5    I do not want my children growing up in a 

 6    community that looks back years from now and 

 7    says, Why didn't anyone slow this thing down 

 8    enough to ask some questions?  

 9                 Western New York has learned these 

10    tough lessons before -- 

11                 ACTING PRESIDENT BAILEY:   Senator 

12    Zellner, how do you vote?  

13                 SENATOR ZELLNER:   The people I 

14    represent have every right to be skeptical.  

15                 I vote yes.

16                 ACTING PRESIDENT BAILEY:   Senator 

17    Zellner to be recorded in the affirmative.

18                 Senator May to explain her vote.

19                 SENATOR MAY:   Thank you, 

20    Mr. President.

21                 I represent the Town of Lysander, 

22    which is west of Syracuse.  It has 23,000 people 

23    in it.  And a developer has proposed a 

24    300-megawatt data center in the Town of Lysander.  

25                 The people of the town organized, 


                                                               7928

 1    they got their town board to vote for a six-month 

 2    moratorium so they could just review their zoning 

 3    laws.  But if you look at the Facebook page for 

 4    this group that organized, they are desperately 

 5    calling for the state to step in and help them.  

 6    They're saying, where is DEC?  They're saying, 

 7    can we have a statewide moratorium so that we can 

 8    really figure this out?  Because 300 megawatts is 

 9    enough power to power 15 towns the size of 

10    Lysander.  The water usage is estimated to be 

11    twice the total water usage of the town 

12    currently.  

13                 So these are decisions that they're 

14    having to make on a scale way beyond what a town 

15    board normally would be making.  And truly it's 

16    not reasonable to expect them to be able to 

17    figure out where 300 megawatts of energy is going 

18    to come from, where that double the amount of 

19    water is going to come from.  

20                 All of these kinds of decisions 

21    require a regional approach.  And this is why it 

22    makes perfect sense for us to take, as a state, 

23    action to help these local governments buy a 

24    little bit of time so they can figure out what 

25    the parameters are and what they need for their 


                                                               7929

 1    districts.

 2                 So I am happy to vote aye on this 

 3    bill.  Thank you.  

 4                 ACTING PRESIDENT BAILEY:   Senator 

 5    May to be recorded in the affirmative.

 6                 Senator Borrello to explain his 

 7    vote.  

 8                 SENATOR BORRELLO:   Thank you, 

 9    Mr. President.

10                 You know, I think that if you asked 

11    the people of New York State if they thought 

12    New York State was helping when they created 

13    ORES -- which has allowed these foreign 

14    companies, these wind and solar companies to come 

15    in and roll over local regulations, to wipe out 

16    endangered species, to essentially override every 

17    environmental and local zoning law -- I'd say no, 

18    they would not think that's a good idea.  

19                 And yet we're going to sit here and 

20    tell people that New York's coming to the rescue 

21    right now with data centers.  No, we're not.  

22    This is just not fitting your political 

23    narrative.  It's not fitting your agenda.  

24                 Because everything you say you were 

25    worried about you're actually doing right now 


                                                               7930

 1    with these wind and solar projects that are 

 2    destroying our beautiful landscape, that have 

 3    raised our energy prices, that have impacted our 

 4    quality of life, that are endangering our water 

 5    supplies, our wetlands.  So you really don't care 

 6    about that stuff.  It's just a good excuse to 

 7    cover for the bad work that you've done up until 

 8    now.  

 9                 I'm voting no.  

10                 ACTING PRESIDENT BAILEY:   Senator 

11    Borrello to be recorded in the negative.

12                 Senator Webb to explain her vote.

13                 SENATOR WEBB:   Thank you, 

14    Mr. President.  

15                 Georgia, Virginia, Tennessee -- 

16    these are states that have very large data 

17    centers, and in fact they have taken efforts to 

18    try to repeal those decisions because of the very 

19    toxic drinking water and health challenges that 

20    pursue.  We don't have to look any further than 

21    that.  

22                 I represent the Southern Tier, and 

23    we have very large manufacturing entities over 

24    the years that created significant health and 

25    environmental hazards.  


                                                               7931

 1                 So all we are simply doing as a body 

 2    is saying pause.  That is what our responsibility 

 3    is as legislators.  We have to take facts, not 

 4    opinion, and figure out what are the best 

 5    solutions for our communities.  

 6                 I want to thank Senator Gonzalez and 

 7    everyone that's been working on this.  We know 

 8    that one of the many things we are often trying 

 9    to address is striking a balance between the need 

10    for job creation -- but at the end of the day, if 

11    we have no place where we can live, the jobs go 

12    out the window.  

13                 And so I think it's important, as we 

14    look into this very important issue, that we take 

15    the time that is needed to figure out what are 

16    going to be the long-term effects, not just 

17    simply the costs financially, but the health, 

18    environmental and other costs that we know to be 

19    true.

20                 I vote aye, Mr. President.  

21                 ACTING PRESIDENT BAILEY:   Senator 

22    Webb to be recorded in the affirmative.

23                 Senator Fahy to explain her vote.

24                 SENATOR FAHY:   Thank you, 

25    Mr. President.  


                                                               7932

 1                 I too stand to vote aye on this 

 2    bill.  AI, as mentioned earlier, represents the 

 3    largest shift in our economy since the Industrial 

 4    revolution.  It includes the shift we have seen, 

 5    an explosive growth in data centers.  While we 

 6    all rely on AI, what we are looking for here is a 

 7    moratorium.  We must ensure that ratepayers, who 

 8    we talk a lot about, are not left footing the 

 9    bill for this unchecked growth.  

10                 Large-scale data centers consume 

11    enormous amounts of energy and water, placing an 

12    additional strain on the grid which can drive up 

13    costs for residential customers.  Before we move 

14    with these, we need to understand the impacts of 

15    energy demand, the utility rates, land use, water 

16    resources, and more.  

17                 A moratorium is not a ban, not a 

18    ban.  It's a pause.  It's a pause that allows 

19    New York to proceed with thoughtful standards.  

20    One year so that communities can have more of a 

21    voice as these projects move forward.  

22                 Right here in the Capital Region, 

23    the community has felt a bit caught off-guard, to 

24    put it as mildly as possible, with one right here 

25    in our backyard being proposed, a 180-megawatt 


                                                               7933

 1    one.  The residents are rightfully asking 

 2    difficult questions:  Who benefits, who bears the 

 3    costs, how do we protect the ratepayers, how do 

 4    we protect our natural resources and our water?  

 5                 We need these questions answered 

 6    before, not after.  I commend the sponsor.  I 

 7    commend the leader.  And I vote aye.  

 8                 Thank you, Mr. President.

 9                 ACTING PRESIDENT BAILEY:   Senator 

10    Fahy to be recorded in the affirmative.

11                 Senator Rivera to explain his vote.

12                 SENATOR RIVERA:   Thank you, 

13    Mr. President.

14                 First of all, I'd just like to take 

15    a second to say, great job, Kristen.  We have an 

16    amazing colleague who obviously did her homework 

17    here.  

18                 And then I want to speak to our 

19    colleagues who are voting nay on this.  And I'd 

20    like for you to reconsider.  Because I think that 

21    some of you all are confused.  When these data 

22    centers come, they're not going to come to the 

23    Bronx.  They're not going to come to Queens.  

24    They're going to come to your districts.  You're 

25    the folks that have these large, enormous spaces 


                                                               7934

 1    that have no population in them, and that's where 

 2    these things are going to go.  

 3                 And these are going to be right next 

 4    to small towns that are going to get less water, 

 5    that are going to have all sorts of power issues.  

 6    Everything that we've laid out here has already 

 7    happened in other states.  

 8                 All that we're saying with this is 

 9    we're going to stop for a second, and we're going 

10    to make sure that we set it up so that there can 

11    be local decision-making so that this can 

12    actually be done in a way that benefits the State 

13    of New York.  

14                 Y'all, by voting no, remember, it's 

15    going to go to y'all.  So I would really 

16    appreciate if you'd just think about it for a 

17    second.  It is a wise thing to press the pause 

18    button and to get it right.  

19                 So Mr. President, I vote in the 

20    affirmative.

21                 ACTING PRESIDENT BAILEY:   Senator 

22    Rivera to be recorded in the affirmative.  

23                 Are there any other Senators wishing 

24    to be explain their vote?  

25                 Seeing and hearing none, 


                                                               7935

 1    Senator Gonzalez to close.

 2                 SENATOR GONZALEZ:   Thank you, 

 3    Mr. President.

 4                 This is a significant moment for 

 5    New York State.  We will be one of the first 

 6    states to pass a moratorium on the building of 

 7    large data centers.  And the reason that's 

 8    important is because we're acknowledging we're 

 9    not only in a climate crisis, not only in an 

10    energy crisis, but we're in an affordability 

11    crisis.  

12                 And while my colleague across the 

13    aisle and Big Tech would like us to do nothing, 

14    doing nothing means that we would let these costs 

15    be passed down to our constituents.  

16                 This bill is more than a moratorium.  

17    This bill creates a separate energy class for the 

18    largest data centers.  It creates a separate rate 

19    class for water usage for them.  It creates 

20    community benefits, community engagement, and it 

21    gives the state an actual environmental impact 

22    report to be informed in our policies moving 

23    forward.

24                 And that's important because for the 

25    first time, we're putting New Yorkers in the 


                                                               7936

 1    driver's seat over Big Tech.  Because for too 

 2    long they have enjoyed either having no 

 3    regulations or writing their own rules.  Doing 

 4    this not only means that our energy bills are 

 5    protected and that affordability is at the 

 6    forefront, but it also means that real 

 7    New Yorkers have a voice in this process.

 8                 And this isn't a normal threat.  I 

 9    want to be clear because there's been a lot of 

10    misinformation about this bill and who it applies 

11    to and what it does.  Hyperscale centers are on a 

12    scale we have literally never seen before.  And 

13    it is not existential to say that the energy 

14    demand that is increasing is because of these 

15    data centers.  The New York State Independent 

16    Systems Operator says that with the approximately 

17    28 large data centers in their queue, they would 

18    add an additional 9,682 megawatts of energy to 

19    our currently constrained and aging grid.

20                 This is an 11-times increase in 

21    energy demand from data centers and, by 2030, 

22    increases the gap by which our current demand and 

23    our energy generation will see.  And that's 

24    without those centers coming online.  

25                 So we know this isn't fear-based, 


                                                               7937

 1    this is fact-based.  We know it's our 

 2    responsibility to have a plan and do something.  

 3    And I am so proud to be in a chamber that has 

 4    stood up and done exactly that.  

 5                 I want to say thank you to 

 6    Senator Krueger because without her leadership, 

 7    we certainly would not have made it to this 

 8    point.  

 9                 And I really want to thank all of 

10    the staff that have put in their time and heart 

11    and soul -- because this isn't a new bill, this 

12    is a bill that is an omnibus encompassing of many 

13    bills they've worked on.  

14                 And so I not only want to thank my 

15    own team, Katie, Elan and Hannah, but I want to 

16    thank our Senate central staff:  Mike, of course; 

17    Dan, Grant, Sean, Carissa, Nicole, Malik, Lakeya, 

18    Karen, Amanda, and Alex.  Thank you for standing 

19    up for what is moral and what is right.  

20                 With that, I enthusiastically vote 

21    aye.  Thank you.

22                 ACTING PRESIDENT BAILEY:   Senator 

23    Gonzalez to be recorded in the affirmative.

24                 Announce the results.  

25                 THE SECRETARY:   In relation to 


                                                               7938

 1    Calendar 1787, voting in the negative are 

 2    Senators Borrello, Chan, Gallivan, Griffo, 

 3    Helming, Lanza -- excuse me, Senator Helming in 

 4    the affirmative -- Lanza, Martins, Mattera, 

 5    Oberacker, Ortt, Rhoads, Ryan, Stec, Tedisco, 

 6    Walczyk, Weber and Weik.

 7                 Ayes, 44.  Nays, 16.

 8                 ACTING PRESIDENT BAILEY:   The bill 

 9    is passed.

10                 Senator Gianaris, that completes the 

11    reading of today's controversial calendar.

12                 SENATOR GIANARIS:   Thank you, 

13    Mr. President.  

14                 Just to give my colleagues a sense 

15    of the remainder of the evening, we are at the 

16    point where we are going to hear some comments 

17    from our departing colleagues -- other than 

18    myself.  And we are waiting for the two leaders 

19    to come out for that process.  

20                 After that, there will be respective 

21    party conferences.  And after that, we will 

22    return to take up the final calendar of the 

23    session.

24                 So if we can just stand at ease for 

25    a couple of minutes while the leaders get out 


                                                               7939

 1    here, and we'll pick it up in a moment.

 2                 ACTING PRESIDENT BAILEY:   We will 

 3    stand at ease temporarily.

 4                 (Whereupon, the Senate stood at ease 

 5    at 8:20 p.m.)

 6                 (Whereupon, the Senate reconvened at 

 7    8:21 p.m.)

 8                 ACTING PRESIDENT BAILEY:   The 

 9    Senate will return to order.

10                 Senator Gianaris.

11                 SENATOR GIANARIS:   We are ready.  

12    We're going to hear from the following members --

13                 ACTING PRESIDENT BAILEY:   Some 

14    order, please.  Excuse me, some order, please.  

15    Thank you.

16                 Senator Gianaris.

17                 SENATOR GIANARIS:   And just to be 

18    clear, for this part of the evening we are only 

19    going to hear from the members who are leaving 

20    the Senate.  This is not the time for tributes to 

21    them from the other members; we can do that in 

22    conference or in private.

23                 But we're going to hear first from 

24    Senator Oberacker, then Senator Weik and 

25    Senator Martins, and concluding with 


                                                               7940

 1    Senator Kavanagh.  

 2                 So please call on Senator Oberacker.

 3                 ACTING PRESIDENT BAILEY:   Senator 

 4    Oberacker for departing remarks.

 5                 SENATOR OBERACKER:   Thank you, 

 6    Mr. President.

 7                 At the Gettysburg ceremony, the 

 8    Gettysburg ceremony, the featured speaker of that 

 9    event was a gentleman by the name of Edward 

10    Everett.  Edward Everett spoke for over two 

11    hours.  Now, if I asked any of you here in this 

12    chamber if you knew who Edward Everett was, I'm 

13    sure I'd get the look that I'm seeing now.  No.

14                 After which our president, 

15    Abraham Lincoln, got up and made his iconic 

16    speech, which is about three minutes, depending 

17    on the cadence.  

18                 Every one of you in here knows about 

19    his speech.  Not one of you knows about 

20    Edward Everett.  So if I'm to be a student of 

21    history, I too will keep my remarks short.

22                 First and foremost, it's thank you.  

23    I've got to say thank you to my wife, Shannon.  I 

24    may have, you know, brought the ends together, 

25    but she tied everything together to make it work.


                                                               7941

 1                 I've got to say thank you to the 

 2    greatest staff here in Albany, my staff.  Lynn, 

 3    my chief of staff; Mira, my legislative director.  

 4    I have Julie, Camille, Victoria and Sean.  And 

 5    I'm telling you, once I leave here, folks, you 

 6    ought to be grabbing these folks, because they 

 7    are just absolutely amazing, amazing staff. 

 8                 Leader Ortt, I want to say thank 

 9    you.  I want to say thank you for leadership, 

10    thank you for taking me into your office and 

11    feeling sometimes I was coming into the 

12    principal's office at times.  But your 

13    leadership, your guidance, I truly appreciate it.  

14    Thank you.  I will carry that with me always.

15                 My Republican Conference and my 

16    staff.  You guys are amazing, absolutely amazing. 

17    I'm taking a piece of each and every one of you 

18    with me when I leave here.  And to that end, I 

19    also want to congratulate those that are leaving 

20    with me as well, Senator Martins and of course 

21    Senator Weik, who I came in with in my initial 

22    entry here into Albany.

23                 Leader Stewart-Cousins, thank you.  

24    Thank you for the cordialities you've shown me, 

25    and your guidance.  I appreciate that as well.  I 


                                                               7942

 1    will take that with me.

 2                 My Majority members, thank you.  You 

 3    know, you had an effect.  You actually softened 

 4    me, which I didn't think was possible.  So for 

 5    that I'm thankful.  For that I'm thankful.

 6                 I had a much longer speech set, and 

 7    I was going to have Gerald actually read it --

 8                 (Laughter.)

 9                 SENATOR OBERACKER:   Because if 

10    there's anybody that can take a two-hour speech 

11    and do it in two minutes, it would be Gerald.

12                 (Laughter.)

13                 SENATOR OBERACKER:   But I'm going 

14    to let him off the hook, I'm going to let him off 

15    the hook tonight.

16                 Every one of you will have a place 

17    at my table.  Every one of you will have a dish 

18    that I -- hopefully I could prepare with love.  

19    Maybe we'll have an adult beverage.  Maybe we'll 

20    talk -- hopefully not about politics, but maybe, 

21    you know, mix a little bit in there to keep me in 

22    on things.  But you will all be invited, every 

23    single one of you.  

24                 If I was to find one word and really 

25    mean this to kind of encompass what I'm trying to 


                                                               7943

 1    say, it's a Hawaiian word.  And it's "mahalo." 

 2    And it means thanks, gratitude, admiration, 

 3    praise, esteem, regards and respect.  Mahalo.  

 4    Mahalo.  Mahalo, Mr. President.  

 5                 Thank you all.  God bless you.  

 6    Cheers.  Thank you.

 7                 (Standing ovation.)

 8                 ACTING PRESIDENT BAILEY:   Thank 

 9    you, Senator Oberacker.  

10                 Senator Weik for departing remarks.

11                 SENATOR WEIK:   Thank you, 

12    Mr. President.  Unlike me, I'll try to keep my 

13    comments short and sweet.  (Pause.)  

14                 (Laughter.)

15                 SENATOR WEIK:   Delayed reaction.  

16                 (Laughter.)

17                 SENATOR WEIK:   To know me is to 

18    know that.  

19                 So first I'd just like to say thank 

20    you.  This has been the honor of a lifetime to be 

21    able to serve here in this chamber.  

22                 I thank my constituents for 

23    believing in me and sending me here.  This has 

24    been the best six years of my life.  And to 

25    experience this is like nothing else in this 


                                                               7944

 1    world.  

 2                 And I know all of you know what I'm 

 3    talking about, because it's almost like traveling 

 4    around the world.  We're traveling around the 

 5    state every day that we come here.  We hear the 

 6    common things, we hear the differences.  We see 

 7    and understand the different perspectives and 

 8    points of view.  And to me, that's invaluable.  

 9                 And so I thank you all for sharing 

10    your hometowns and your districts with me.  It 

11    has truly been interesting and eye-opening to see 

12    how this state really functions together.  

13                 So to my colleagues across the 

14    aisle, I want to say thank you very much.  I've 

15    gotten to know some of you, Senator Persaud 

16    especially, very well.  And I thank you so much 

17    for your friendship.  Senator Webb, I've gotten 

18    to know you too.  So I thank you so much for that 

19    relationship.  

20                 I want to thank the Secretary of the 

21    Senate, who I've had a nice relationship with as 

22    well.  She has been there through a lot of my 

23    different times.  

24                 I want to thank our central staff 

25    who work so hard to make sure that we're prepared 


                                                               7945

 1    and we know what we need every single day.  So 

 2    thanks, guys, I really appreciate it.  I know you 

 3    sit behind me, so I couldn't tell you a face to a 

 4    name, because for six years I've only heard your 

 5    voice -- and I could pick you out anywhere just 

 6    by your voice.  

 7                 To the Sergeants-at-Arms, all of 

 8    you, including Ben -- Ben has always been that 

 9    pillar.  When we see him, it brings us comfort, 

10    it brings us love, it brings us joy.  

11                 And to all of the Sergeant-at-Arms, 

12    I so enjoy seeing you here and hearing your 

13    stories and meeting you and getting to know you.  

14    So I thank you so much for watching over us and 

15    protecting us.  

16                 I want to thank my staff.  Although 

17    they have changed often, I would like to say 

18    thank you so very much.  Presently I have Matt 

19    here -- he's laughing.  Sue is my chief of staff.  

20    I've got Will, I've got Anastasia and I've got 

21    Bella.  And they are my favorite team, and they 

22    put up with me every day.  So I thank them so 

23    much for that.  

24                 I really want to thank my husband 

25    and my family.  When I ran for Senate, my husband 


                                                               7946

 1    was not exactly supportive.  Leaving him and my 

 2    high school son at home -- the other two had 

 3    gone.  And I told him this is something that I 

 4    felt in my heart and in my soul.  And I actually 

 5    said to him, "Get on board or get out of the 

 6    way."  

 7                 (Laughter.)

 8                 SENATOR WEIK:   And so he got on 

 9    board.  

10                 (Laughter.)

11                 SENATOR WEIK:   And I love him 

12    dearly.  Our 31st anniversary is coming up just 

13    next week.  And so I love you, I thank you, Jim.  

14    So thanks always for being there and putting up 

15    with me.  

16                 I want to thank my children, too, 

17    who you've seen on my palm cards and in my 

18    brochures.  They are my whole life:  My son Jimmy 

19    and my daughter Callie and my youngest son Tom.  

20    And of course my grandchildren, Adley and Chase.  

21    Chase is the new guy.  And I just -- I love them 

22    all so very much.  

23                 I want to thank my family here.  And 

24    they really are; you know that as well.  When we 

25    come here, we're here for a good solid week.  We 


                                                               7947

 1    spend all of our time together.  

 2                 And to my colleagues here, we came 

 3    in six years ago during the pandemic, and it was 

 4    a weird, wild time.  And we formed this very 

 5    tight bond and friendship.  And I just -- I'm 

 6    going to miss you all.  I don't like to cry.  But 

 7    I am going to miss all of you very, very much.  

 8                 To the Majority Leader, I'd like to 

 9    thank you very much for all of your support and 

10    your kind words over the years.  It's been great 

11    to get to know you as well.  

12                 And I'd really like to 

13    congratulate -- I feel better knowing I'm not the 

14    only one leaving.  So to Senator Oberacker, 

15    Senator Martins, and to my colleagues who are 

16    also leaving on the -- I'm not sure how many.  

17    It's just the two of you, right?  I just want to 

18    say congratulations to you as well, and I wish 

19    you all the very best in your future endeavors.  

20                 And last, but not least whatsoever, 

21    is the leader.  And he and I have a very special 

22    bond because when I started to run for office and 

23    everyone kind of fled and left, he called up and 

24    he said, "Please don't fear.  Some of us are 

25    staying and working."  And that meant the world 


                                                               7948

 1    to me.  

 2                 And I'm so glad that you have always 

 3    been there for us.  You have been a phenomenal 

 4    leader.  We couldn't have asked for more.  

 5                 And so I thank you so much for your 

 6    dedication to us, your loyalty, your kindness, 

 7    your friendship, your support, your guidance.  I 

 8    thank you so very, very much.  

 9                 Thank you.  

10                 (Standing ovation.)

11                 ACTING PRESIDENT BAILEY:   Thank 

12    you, Senator Weik.  

13                 Senator Martins for departing 

14    remarks.

15                 SENATOR MARTINS:   Thank you, 

16    Mr. President.  

17                 My trajectory's been a little 

18    different than most, so I'll start where I should 

19    start, Mr. President, by thanking my wife and my 

20    family for the opportunities and the support that 

21    they've given me over the years.  

22                 I come from an immigrant family.  I 

23    think most people know that.  And so the idea 

24    that a kid born to immigrant parents -- poverty, 

25    very small farming village in northern 


                                                               7949

 1    Portugal -- can be raised here in New York, grow 

 2    up to be the mayor of his village, serve several 

 3    terms and then get elected to the State Senate, 

 4    and leave, pursue his -- and then decide to come 

 5    back, it's truly a blessing.  

 6                 This is a very special place.  You 

 7    know, many people consider other places to be the 

 8    center of democracy.  The center of democracy, my 

 9    friends, is right here in this chamber, in this 

10    state.  The diversity that this state provides, 

11    the opportunities it provides and has provided 

12    over the years, is something that we should all 

13    be very much aware of the legacy that we have and 

14    the responsibility we have as members of the 

15    New York State Senate.  

16                 There are only 63 of us.  Once upon 

17    a time there were only 62 of us.  And so that 

18    idea and the camaraderie that that brings is 

19    something pretty special.  

20                 And I had the opportunity to join 

21    the chamber and sat on that side of the chamber 

22    for years.  And those were different times.  And 

23    then I chose to come back, something I wanted to 

24    do, for different reasons.  

25                 But as I said before, very important 


                                                               7950

 1    that we respect this place.  When we're in the 

 2    Majority, to respect the place.  When we're in 

 3    the Minority, to respect the chamber as well.  

 4                 It is the Majority's responsibility 

 5    to advance policy, clearly.  That's what we did, 

 6    that's what you do.  But it is the Minority's 

 7    responsibility to advocate aggressively.  That's 

 8    what we're supposed to do.  That's our job.  And 

 9    sometimes that puts us in conflict because we are 

10    passionate about what we do.  

11                 But I will tell you this.  It's 

12    always from a good place.  And I know it's always 

13    from a good place from you as well.  That's how 

14    policy is set.  

15                 We each represent 330,000, 

16    340,000 people, whether we sit on that side of 

17    the room or sit on this side of the room.  And so 

18    the ability for us to talk to each other and to 

19    respect each other's opinions -- and to 

20    understand that we're not just setting policy for 

21    people who sit in the Majority, but for the 

22    entire state.  

23                 And if there's one thing that I hope 

24    I learned when I was in the Majority, and 

25    something I know I know very well being in the 


                                                               7951

 1    Minority, it's that's important, that process.  

 2                 Take care of each other.  Take care 

 3    of each other.  Look out for each other.  

 4    Regardless of where you sit in the room, where 

 5    you come from.  It's our responsibility to make 

 6    sure that those who come after us understand what 

 7    it is to be a Senator in the State of New York.  

 8    It's not an easy thing.  It's not something 

 9    you're born with.  And when you walk in the door, 

10    I can tell you, you don't know what that means, 

11    and it takes you a little bit of time to 

12    understand what does it mean to be a New York 

13    State Senator.  

14                 I had the good fortune of having 

15    people teach me that when I got here in 2010.  

16    Perhaps I had to relearn it when I got here in 

17    2022.  

18                 I want to thank the Majority Leader.  

19    We've known each other a long time.  The Majority 

20    Leader was here when I got here in 2010.  She was 

21    here when I left in 2016.  And you're still here.  

22                 I want to thank Leader Ortt for your 

23    friendship, for your leadership.  Again, we've 

24    known each other a long time, both before and 

25    after.  


                                                               7952

 1                 But for everyone in the room, 

 2    everyone in the chamber, thank you.  Thank you 

 3    for the opportunity to serve with you.  Thank you 

 4    for the opportunity to work with you on such 

 5    important issues that truly make a difference in 

 6    the lives of people across New York State.  

 7                 I too have a wonderful staff.  

 8    Obviously I want to thank them.  Great people who 

 9    have stayed with me, many of them since 2010.  

10    And when I left, they found other work, but when 

11    I came back, they came back as well.  Which was 

12    great to be able to reassemble the team and to 

13    work again.  I will miss them.  And I'm sure we 

14    will stay in touch, but it's different.  

15                 The one thing I will leave you with, 

16    as a person who has served, who has left and who 

17    has come back, cherish your time here.  

18    Appreciate it.  When you leave, you're the same 

19    person, obviously, but it's different.  

20    Appreciate what opportunities are here and what a 

21    privilege it is to serve as a New York Senator 

22    and how important that is.  

23                 Mr. President, it has been a 

24    privilege to serve with all of my colleagues.  To 

25    share a phrase from my dear friend Senator 


                                                               7953

 1    Oberacker, mahalo to everyone.  Thank you for 

 2    that.  

 3                 I love the idea that everyone has a 

 4    plate at the table and everyone is free to come 

 5    and go.  And I hope we will have the opportunity 

 6    over time, and that our lives will intersect in 

 7    the future, and I am pretty sure they will.  

 8                 But if there's anything at all in 

 9    our lives where I can be of any help to any of 

10    you -- to you, to your families -- please do not 

11    hesitate.  

12                 God bless you all.  And thank you 

13    for the opportunity to have served with you.

14                 Thank you.  

15                 (Standing ovation.)

16                 ACTING PRESIDENT BAILEY:   Thank 

17    you, Senator Martins.  

18                 Last but certainly not least, 

19    Senator Kavanagh for departing remarks.

20                 SENATOR KAVANAGH:   Thank you, 

21    Mr. President.

22                 Most of you, my colleagues in this 

23    chamber, know that I've never been much of a 

24    speech maker in here.  To the extent I speak on 

25    the floor it's usually fielding, you know, 


                                                               7954

 1    interesting and sometimes obscure questions about 

 2    obscure legislation or talking about investments 

 3    we're making on housing in the budget.  

 4                 And I'm sure when St. Patrick's Day 

 5    rolls around, when I come and speak as the head 

 6    Irishman, the head of the American-Irish 

 7    Legislators Society, you all miss Tim Kennedy and 

 8    his long, eloquent, silver-tongued speeches he 

 9    makes here.  

10                 But I am really grateful for this 

11    opportunity to speak briefly tonight in what's 

12    likely to be my last evening in this chamber as a 

13    Senator.

14                 Mostly I do want to express 

15    gratitude.  I want to begin, as others have, by 

16    expressing gratitude to those closest to me.  I 

17    have a representative sample of the very large 

18    and supportive Kavanagh family, my brothers 

19    Timothy Kavanagh and Sean Kavanagh are here with 

20    us in the chamber.  And my family has been -- my 

21    extended family has been so supportive of me of 

22    politically, professionally, personally over so 

23    many years and really has shaped my perspectives 

24    on the world, my commitment to serve.  

25                 So thank you for being here and 


                                                               7955

 1    thank you to all the Kavanaghs everywhere, and 

 2    there's quite a lot of them.

 3                 Everyone in this chamber -- this has 

 4    also been gone into, but everyone in this chamber 

 5    knows how challenging it can be to be in a 

 6    relationship with an elected official.  And so I 

 7    want to thank Eden Forsythe, who's also here, for 

 8    putting up with the ridiculous schedule and the 

 9    demands on our time and obscure calls about, you 

10    know, the budget or legislation at odd hours.  

11    And of course for your love and support over a 

12    lot of years now, so -- and thank you for being 

13    here also.

14                 To all of my colleagues, this really 

15    has in so many ways been a tremendously 

16    productive collaboration.  And I've been here for 

17    20 years, nine years in this chamber and 11 years 

18    in the Assembly.  

19                 Of course as others have outlined, I 

20    begin with Senate Majority Leader Andrea 

21    Stewart-Cousins, for your strength as a leader, 

22    for your grace, and for really always making the 

23    difficult judgments we have to make about what's 

24    important and what's right and how to get the 

25    things done that we've gotten done over so many 


                                                               7956

 1    years.  

 2                 And for entrusting me with the role 

 3    of chairing the Housing Committee and leading on 

 4    those issues in particular.  Thank you.

 5                 I also -- I did spend a lot of years 

 6    in the Assembly, and several of my colleagues 

 7    from the Assembly have migrated over here to the 

 8    Senate with me.  

 9                 I do want to thank, you know, 

10    Carl Heastie and all of the Assembly colleagues 

11    who are here and on the other side of the 

12    building.  Those were also really wonderful, 

13    challenging and productive years.  

14                 I -- let me also -- I'm going to 

15    just end, but also just to thank my present and 

16    my former staffers.  Much of my current office 

17    staff are here today.  We all will have a lot 

18    more opportunities to say goodbye.  We're all in 

19    our work for the next seven months or so, and 

20    I'll be in office.  

21                 But I do want to -- like knows that 

22    our staffers really are the people that make us 

23    what we are as public officials, as public 

24    servants, you know, as -- when we're successful 

25    for our communities, our constituents, it's 


                                                               7957

 1    because of all of you.  So thank you all for 

 2    sticking with me over so many years and such 

 3    wonderful work.  

 4                 And to the central staff.  We know, 

 5    we do all of this work late into the night, early 

 6    in the morning.  Often they are working later 

 7    than us, working harder than us.  And, you know, 

 8    so many smart, wonderful people, some of them -- 

 9    I'm not going to name names of the Housing staff 

10    and the others I've worked with over so many 

11    years.  But it has been just a tremendous honor 

12    and a privilege and a pleasure to work with all 

13    of you now over -- over many, many years.

14                 And I'm proud of the work we've 

15    accomplished.  You know, on housing we really 

16    have, over the last eight years, I think 

17    transformed the way the State of New York thinks 

18    about housing.  It used to, I think, be a 

19    secondary issue.  We thought the federal 

20    government would spend money, localities would 

21    implement it.  

22                 But, you know, from my time leading 

23    with all of you the negotiations on the Housing 

24    Stability and Tenant Protection Act during COVID, 

25    those dark, dark years when this chamber was 


                                                               7958

 1    mostly empty and there would be like three or 

 2    four of us here at a time, you know, figuring out 

 3    how to prevent evictions with a 22-month 

 4    moratorium and a $4 billion program to make sure 

 5    that people's rent was paid.  

 6                 For working with Senator Salazar on 

 7    good-cause eviction and the Housing Access 

 8    Voucher Program and our new, excitingly named 

 9    Shelter Arrears Eviction Forestallment Program -- 

10    because the word "forestallment" has been 

11    neglected far too long in our parlance.  

12                 And, you know, for the programs that 

13    I've been working with you've heard 

14    Cordell Cleare and I speak obsessively about 

15    recently freezing people's rents, reducing 

16    people's property taxes through the SCRIE, DRIE, 

17    SCHE, and DHE programs which we had a marvelous 

18    success with this year.  

19                 We've also just massively increased 

20    the amount of support that the state provides for 

21    housing.  We've -- the capital budgets go up and 

22    down, but we've essentially doubled our 

23    commitment to building and maintaining the 

24    housing we've got in the last few years.  And we 

25    should be very proud of that.  


                                                               7959

 1                 And I'm also just -- I'm very proud 

 2    of the environmental work.  You know, 

 3    Senator Harckham and others really have led on 

 4    that.  The All Electric Building Act, which is 

 5    still being litigated but I think will come out 

 6    unscathed and will be implemented soon in 

 7    New York, and so much other work.  

 8                 We know we differ, especially across 

 9    the aisle we differ on how to address those 

10    challenges.  But I think it is really the 

11    challenge of our time that we make things more 

12    sustainable, that we make it cleaner, that we 

13    make it more affordable, and that we diminish 

14    exposure of people to toxins.  

15                 I've been very -- I've been proud of 

16    the work we've done on extended producer 

17    responsibility, debating not once, twice, but 

18    five times the mattress EPR bill with 

19    Senators Borrello and Walczyk.  I think maybe 

20    this is five times is the charm.  

21                 (Laughter.)

22                 SENATOR KAVANAGH:   But really 

23    getting in and trying to figure out what -- like 

24    what it is that we can do to really make the 

25    economy more circular and sustainable and 


                                                               7960

 1    affordable for folks.  

 2                 I -- when I got to the Legislature, 

 3    the gun laws of New York were depressingly weak.  

 4    You could still walk into a parking lot with a 

 5    very dangerous weapon and sell it to somebody for 

 6    cash with no questions asked and walk away and 

 7    not be committing a crime.  

 8                 So the SAFE Act, which we did, you 

 9    know, before I was in the Senate, and the 

10    continued work of this body on making our gun 

11    laws keep people safe, keep guns out of the wrong 

12    hands, has been an ongoing and very important 

13    thing.  And we're passing more bills today to 

14    make sure that we live up to that commitment.

15                 One of the things that a lot of you 

16    have said here in this room today, and at other 

17    points, people have commented on my well-deserved 

18    reputation for wonkery.  For, you know, delving 

19    into the most obscure details, knowing the facts, 

20    sometimes maybe, you know, blinding you with the 

21    facts during debate.  

22                 But I do want to say that, you know, 

23    a lot of what -- why this has been so productive 

24    is that each of us brings so many gifts and 

25    skills and perspectives to this work.  And yes, 


                                                               7961

 1    I'm very proud that I can recite obscure details 

 2    of various legislation and pieces of the budget 

 3    that are critical to me, and we all do that and 

 4    we all know how to do that.  

 5                 But it really is the wide range of 

 6    skills and talents that makes us so productive.  

 7    People's -- the rhetoric on this floor that is 

 8    sometimes so moving and so inspiring, not just 

 9    for us here in this room, but we know for people 

10    across the state.  The ability to figure out how 

11    to make -- how to take the many different 

12    perspectives -- and this is something we talk 

13    about across the aisle, but within our own 

14    conference, to get together and make the 

15    compromises and do the work that is necessary for 

16    people.  

17                 One of the things I'm most proud of 

18    about this body is that we are never 

19    self-satisfied.  I mentioned a few 

20    accomplishments that I'm proud of.  We all do 

21    that.  But we also understand that we continue to 

22    face enormous challenges across this state -- 

23    that people struggle to afford to live where they 

24    live, that we are not building enough housing.  

25    In some cases, we've got government preventing us 


                                                               7962

 1    from building enough housing in some places.  

 2                 With that, we have far too many of 

 3    our families still facing homelessness and 

 4    eviction.  Personally my sense is that we haven't 

 5    done enough on preventing especially children 

 6    from being exposed to toxins.  

 7                 We know that we have these 

 8    challenges, and it is one of the great hallmarks 

 9    of this body that we never give up.  I know 

10    sometimes some people across the aisle would like 

11    us to give up on certain directions that we want 

12    to go.  But I know everyone in this room really 

13    takes this work as an opportunity to serve, to 

14    meet people's needs large and small.

15                 And for all of that, it's been just 

16    such a privilege -- people have said it, but the 

17    privilege of a lifetime to spend 20 years doing 

18    this work representing hundreds of thousands of 

19    New Yorkers.  And this is not retirement for me.  

20    I look for other ways to serve and hope to serve 

21    with many of you in various capacities over the 

22    long run.  But in the meantime, I know all of you 

23    and this institution will continue to do the 

24    wonderful work we've done for so long.  

25                 So thank you.  


                                                               7963

 1                 (Standing ovation.)

 2                 ACTING PRESIDENT BAILEY:   Thank 

 3    you, Senator Kavanagh.

 4                 Senator Gianaris.

 5                 SENATOR GIANARIS:   Mr. President, 

 6    there will be an immediate meeting of the 

 7    Democratic Conference in Room 332.  

 8                 And please call on Senator Lanza for 

 9    an announcement.

10                 ACTING PRESIDENT BAILEY:   There 

11    will be an immediate meeting of the 

12    Democratic Conference in Room 332.

13                 Senator Lanza.

14                 SENATOR LANZA:   Mr. President, the 

15    Republican Conference will meet in Room 315 

16    immediately.

17                 ACTING PRESIDENT BAILEY:   The 

18    Republican Conference will also meet immediately, 

19    in Room 315.

20                 Senator Gianaris.  

21                 SENATOR GIANARIS:   One moment, 

22    Mr. President.

23                 ACTING PRESIDENT BAILEY:   Okay, 

24    let's call a return to session at -- we'll aim 

25    for 9:30 and hope for the best.


                                                               7964

 1                 ACTING PRESIDENT BAILEY:   The 

 2    Senate will return to order at 9:30.  

 3                 The Senate will stand at ease 

 4    temporarily.  

 5                 (Whereupon, the Senate stood at ease 

 6    at 8:52 p.m.)

 7                 (Whereupon, the Senate reconvened at 

 8    10:46 p.m.)

 9                 ACTING PRESIDENT BAILEY:   The 

10    Senate will return to order.

11                 Senator Gianaris.

12                 SENATOR GIANARIS:   Good evening, 

13    Mr. President.

14                 ACTING PRESIDENT BAILEY:   Good 

15    evening.

16                 SENATOR GIANARIS:   We are going to 

17    at this time call an immediate meeting of the 

18    Rules Committee simultaneous with taking up some 

19    of the remaining resolutions, beginning with 

20    previously adopted Resolution 2317, by 

21    Senator Webb.  

22                 Can we have that resolution's title 

23    read, recognize Senator Webb, and call an 

24    immediate meeting of the Rules Committee, please.

25                 ACTING PRESIDENT BAILEY:   Okay.  


                                                               7965

 1    There will be an immediate meeting of the 

 2    Rules Committee in Room 332, simultaneously with 

 3    the resolution.  

 4                 The Secretary will read.

 5                 THE SECRETARY:   Resolution 2317, by 

 6    Senator Webb, commemorating the 80th Anniversary 

 7    of Binghamton University in 2026.

 8                 ACTING PRESIDENT BAILEY:   Senator 

 9    Webb on the resolution.  

10                 SENATOR WEBB:   Thank you, 

11    Mr. President.

12                 I rise today on the 80th anniversary 

13    of my alma mater -- 

14                 ACTING PRESIDENT BAILEY:   Senator 

15    Webb -- Senator Webb, excuse me.  

16                 Can we have some order in the house, 

17    please.  There is an immediate meeting of the 

18    Rules Committee, but we're calling a resolution 

19    simultaneously.  

20                 Senator Webb, please continue with 

21    your resolution.  Thank you.

22                 SENATOR WEBB:   Thank you, 

23    Mr. President.  

24                 I rise to lift up the 

25    80th anniversary of not only my alma mater, but 


                                                               7966

 1    also of several Senators in the chamber:  

 2    Senator Monica Martinez, also Senator John Liu.  

 3    And that esteemed university is Binghamton 

 4    University.  

 5                 I want to thank our Senate Majority 

 6    Leader for her supporting of this resolution.  

 7    Our SUNY system, as we all know, is a 

 8    world-renowned institution that brings in 

 9    students from across the globe.  And 

10    Binghamton University stands as a pillar of the 

11    SUNY system.  It is consistently ranked as a top 

12    public school and has been identified as a 

13    dignified Public Ivy by Forbes Magazine.

14                 Binghamton University has countless 

15    notable alums from entertainment, politics, 

16    sports, media, business and research.  

17                 Some alums to note -- and again, 

18    these aren't all:  Ruben Santiago Hudson, Sunny 

19    Hostin, Paul Reiser, Billy T. Jones.  We also 

20    have Nobel Prize winners as well.

21                 Binghamton University, or BU, was 

22    founded in 1946 as Triple Cities College and 

23    intended to serve the needs of local veterans 

24    returning from service in World War II.  It was 

25    originally located in Endicott, five miles west 


                                                               7967

 1    of its current campus, and was a branch of 

 2    Syracuse University.  

 3                 In 1950, BU left Syracuse and was 

 4    incorporated into our SUNY system, also then 

 5    renamed as Harper College, in honor of 

 6    Robert Harper, who helped settle the area west of 

 7    Binghamton.  Over the course of the 1960s, the 

 8    campus moved across the Susquehanna River to its 

 9    current location in Vestal, and was formally 

10    designated the State University of New York at 

11    Binghamton.  

12                 BU is a leading research institution 

13    dedicated to higher education and committed to 

14    collaborative interdisciplinary research, 

15    inspirational artistic endeavors, and high-impact 

16    educational experiences.  Throughout its 80-year 

17    history, Binghamton University has graduated more 

18    than 160,000 students from over 100 countries.  

19                 BU has remained steadfast in its 

20    mission to work in partnership with the community 

21    to ensure that all students develop and 

22    demonstrate the knowledge, skills, abilities and 

23    character to live a productive and rewarding 

24    life.

25                 I am very proud to be an alum of 


                                                               7968

 1    this great institution, as many folks in my 

 2    office are also proud alumni as well.  We 

 3    consistently receive interns from this great 

 4    institution who are talented, they are eager to 

 5    get to work, and they go on to do amazing things.  

 6                 I personally want to thank 

 7    Binghamton University on reaching such an 

 8    important milestone of its 80th anniversary.  I 

 9    also want to thank Assemblymember Donna Lupardo, 

10    who is also a proud alum of Binghamton 

11    University, who also presented this resolution in 

12    the Assembly.  

13                 I very proudly vote aye on this 

14    resolution.  And go, Bearcats! 

15                 Thank you, Mr. President.

16                 ACTING PRESIDENT BAILEY:   Thank 

17    you, Senator Webb.

18                 Senator Martins on the resolution.

19                 SENATOR MARTINS:   Thank you, 

20    Mr. President.  

21                 I rise to thank the sponsor for the 

22    resolution.  She forgot to mention 

23    Kaitlin Martins Solomon as a graduate of 

24    Binghamton University.  

25                 As you can imagine, Mr. President, 


                                                               7969

 1    Kaitlin is our oldest daughter, just graduated 

 2    from Downstate Medical College a month ago, and a 

 3    proud alumnae of Binghamton University.  As the 

 4    Senator said, as the sponsor said, the finest 

 5    university, public university we have in our SUNY 

 6    system, bar none.  I don't want to hear the rest 

 7    of you.  

 8                 (Laughter.)

 9                 SENATOR MARTINS:   It's a wonderful 

10    school, and it's doing a wonderful job.  Really, 

11    you just have to look at the sponsor and the 

12    others who have graduated from there, including 

13    our other colleagues here, Senator Martinez.  

14                 But what a wonderful experience I 

15    can tell you, Mr. President, that my family has 

16    had and my daughter has had in Binghamton, 

17    graduating from the university that really has 

18    set her up for success in life, and that is all 

19    that we can ask.

20                 We should be very proud in New York 

21    of our entire SUNY system, but in particular SUNY 

22    Binghamton.  Go, Bearcats!  

23                 Thank you, Mr. President.

24                 ACTING PRESIDENT BAILEY:   Thank 

25    you, Senator Martins.


                                                               7970

 1                 SUNY schools are a bonanza of 

 2    educational wealth, and we thank the sponsor for 

 3    all that they do.  But UA, you know.

 4                 (Laughter.)

 5                 ACTING PRESIDENT BAILEY:   The 

 6    resolution was previously adopted on June 2nd.

 7                 Senator Liu, another SUNY Binghamton 

 8    alumni. 

 9                 SENATOR LIU:   That's right, 

10    Mr. President.  You let Jack Martins know that as 

11    well.  

12                 (Laughter.)

13                 SENATOR LIU:   And I'm so old, they 

14    were the Colonials when I went there, before they 

15    became Bearcats.

16                 Mr. President, please take up 

17    previously adopted Resolution 1708, by 

18    Senator Fernandez, read the resolution title 

19    only, and recognize Senator Fernandez.

20                 ACTING PRESIDENT BAILEY:   The 

21    Secretary will read.

22                 THE SECRETARY:   Resolution 1708, by 

23    Senator Fernandez, memorializing Governor Kathy 

24    Hochul to proclaim July 20, 2026, as Colombian 

25    Independence Day in the State of New York, on the 


                                                               7971

 1    216th Anniversary of Colombian Independence.

 2                 ACTING PRESIDENT BAILEY:   Senator 

 3    Fernandez on the resolution.

 4                 SENATOR FERNANDEZ:   Thank you so 

 5    much, Mr. President.  

 6                 I proudly rise as a Colombian and in 

 7    fact the first Colombian American to serve in the 

 8    State Legislature -- just for a short time, 

 9    because soon after, we were -- I was joined by 

10    many Colombian women leaders here in the 

11    Legislature.

12                 But it is really something I'm proud 

13    of, to be able to introduce this resolution.  I 

14    am half-Colombian.  My mother, born in Plato, 

15    Colombia, from my grandparents, Fernando and 

16    Valdina.  And this resolution is so impactful and 

17    important because we have seen, through music, 

18    through food, through culture, through flowers, 

19    through everything how much the Colombian 

20    community and culture has impacted things that we 

21    love every day.

22                 We have artists that have shaped the 

23    world when it comes to pop culture, from Shakira 

24    to Carlos Vives, actresses like Sofía Vergara, 

25    and now more modern artists like Karol G, who was 


                                                               7972

 1    the first Latina to headline Coachella.  

 2                 But it is such a pride that I can 

 3    say I am Colombian, one of the most beautiful 

 4    countries in South America, namely the most 

 5    beautiful country I think on the Forbes list this 

 6    year and last year.  

 7                 I highly recommend people to visit, 

 8    because the history is rich, over 200 years ago 

 9    relieving themselves from the Spanish regime to 

10    show true independence, leadership, and to this 

11    day leading in this world when it comes to 

12    dignity for its people and equal rights and 

13    really bringing a conversation forward about how 

14    to speak for your people and to protect your 

15    country.

16                 So I am very honored and proud to be 

17    Colombian.  I thank you for this opportunity to 

18    make it official in New York that we are going to 

19    celebrate Colombian Independence Day on July 

20    20th.  And I welcome and invite everybody to not 

21    just the Bronx, where we do have some great 

22    restaurants, like La Masa, but to my colleagues' 

23    districts in Queens, where we do have 

24    Little Colombia there.  

25                 But thank you for this opportunity.  


                                                               7973

 1    I proudly vote aye on this resolution.  And 

 2    please make sure you celebrate in July all of 

 3    your Colombian pride.

 4                 ACTING PRESIDENT BAILEY:   Thank 

 5    you, Senator Fernandez.  

 6                 Senator Ramos on the resolution.  

 7                 SENATOR RAMOS:   {In Spanish.}  I 

 8    feel so grateful for the privilege of celebrating 

 9    Colombia's independence here in the New York 

10    State Senate.  

11                 My parents came to this country with 

12    little more than hope, determination, and the 

13    belief that their children would have the 

14    opportunities they never had.  And because of 

15    them, I have the extraordinary privilege of 

16    representing one of the largest Colombian 

17    communities anywhere in the United States.

18                 I was born in Little Colombia, and 

19    I'm so proud to have grown up to be the first 

20    Colombian American to represent it here in the 

21    Senate.  I represent the bakeries, the 

22    restaurants, the small businesses and the 

23    thousands of families who helped build Queens.  

24                 Every summer those streets come 

25    alive during the Calle Columbia Festival -- this 


                                                               7974

 1    year on Saturday, June 20th, at 12 noon, on 

 2    37th Avenue and 82nd Street in Jackson Heights.  

 3                 And then on Sunday, July 26th, 

 4    everyone's invited to the Colombian Independence 

 5    Pride Festival in Flushing Meadows, Corona Park, 

 6    at 2 p.m. 

 7                 And what we celebrate is more than a 

 8    nationality.  We celebrate resilience.  Because 

 9    Colombians unfortunately know a lot about that.  

10    Many of us grew up experiencing tremendous 

11    violence, conflict and hardship between the 

12    guerillas, cartels, the paramilitary, and even 

13    the military.  Millions of Colombians have been 

14    displaced, kidnapped, murdered and disappeared.  

15                 And yet despite all of that, 

16    Colombians remain known around the world for our 

17    optimism, our warmth, and our joy.  I think 

18    that's because we understand something important, 

19    and that's that happiness is not ignoring pain, 

20    happiness is deciding that pain will not have the 

21    final word.  

22                 That's who we Colombians are.  A 

23    people who have endured so much become experts in 

24    hope.  And perhaps that spirit comes from the 

25    country itself, a nation of the Andes, where my 


                                                               7975

 1    family is from, and the Amazon, of the Caribbean 

 2    and the Pacific, home to extraordinary 

 3    biodiversity, extraordinary beauty and, yes, the 

 4    best coffee in the world.  

 5                 But Colombia's greatest treasure is 

 6    its people.  We're Indigenous, we're African, 

 7    we're European, we're Arab.  We are a beautiful 

 8    mixture of cultures and histories that taught us 

 9    long ago that diversity is strength.  

10                 And as we celebrate independence, we 

11    also remember the responsibility that comes with 

12    it:  The responsibility to protect the democracy, 

13    sovereignty and extraordinary land that 

14    Simón Bolivar and generations of Colombians 

15    fought to preserve.  

16                 So I urge every Colombian who is 

17    watching who can vote in the upcoming 

18    presidential runoff on Sunday, June 21st, to do 

19    so, because we are ready to write a new chapter.  

20                 {In Spanish.}  Gracias.

21                 ACTING PRESIDENT BAILEY:   Thank 

22    you, Senator Ramos.

23                 Senator Chan on the resolution.

24                 SENATOR CHAN:   I rise to support 

25    Senator Fernandez's resolution.  


                                                               7976

 1                 And here's a little-known fact about 

 2    the Chan family.  We came through Columbia.  My 

 3    uncle lived in Colombia from 1953 to 1968 until 

 4    he was hired by Singer Sewing Machine, then at 

 5    Binghamton, New York, and that's how we emigrated 

 6    here.  From there he petitioned for my family to 

 7    arrive from Hong Kong.  

 8                 So with that said, I want to give a 

 9    shout out to my cousin Isabella Cheng, who was 

10    born in Colombia, my cousin Jaime Cheng, who was 

11    born in Colombia, and my cousin Blanca Cheng, who 

12    was born in Columbia.  

13                 And I proudly support this 

14    resolution.  My favorite part of Columbia?  The 

15    big Colombian breakfasts.  

16                 Thank you.

17                 ACTING PRESIDENT BAILEY:   Thank 

18    you, Senator Chan.

19                 The resolution was adopted on 

20    March 10th.

21                 Senator Gianaris.

22                 SENATOR GIANARIS:   Mr. President, 

23    next up is previously adopted Resolution 1700, by 

24    Senator Webb.  Read its title and call on 

25    Senator Webb, please.  


                                                               7977

 1                 ACTING PRESIDENT BAILEY:   The 

 2    Secretary will read.

 3                 THE SECRETARY:   Calendar Number 

 4    1700, by Senator Webb, commemorating the 

 5    10th Annual Sock Out Cancer Day on June 7, 2026, 

 6    in conjunction with the observance of 

 7    National Cancer Survivors Day.

 8                 ACTING PRESIDENT BAILEY:   Senator 

 9    Webb on the resolution.

10                 SENATOR WEBB:   Thank you, 

11    Mr. President.  

12                 You know, we do a lot of work in 

13    this chamber to not only ensure that we have more 

14    resources to fight back against very deadly 

15    diseases, but we also do things in this chamber 

16    to lift up opportunities for the community to 

17    build awareness and to most certainly connect 

18    those who are impacted by these issues to those 

19    respective resources.

20                 And that, at its core, is the 

21    essence of the Annual Sock Out Cancer Day.

22                 I want to thank the Majority Leader 

23    for supporting this resolution.  This is a day 

24    that's recognized with the observance of the 

25    National Cancer Survivors Day, which was 


                                                               7978

 1    established in 2017 by Security Mutual Life 

 2    Insurance Company, in my district, in order to 

 3    help provide support for cancer patients in need 

 4    of financial assistance with non-medical expenses 

 5    such as food, transportation and housing.  

 6                 For the last 10 years, Sock Out 

 7    Cancer has raised public awareness with its 

 8    signature multicolored socks that are made right 

 9    here in New York by individuals of all abilities 

10    at Finger Lakes Textiles.  From concerts and 

11    hockey games to 5K runs, this initiative has 

12    raised millions of dollars for patients and 

13    families in need.

14                 A cancer diagnosis is one of the 

15    worst possible things that we know that can 

16    happen to someone.  It is confusing.  It's 

17    anxiety-inducing on so many levels.  Worrying 

18    about your health, your family's health, your 

19    financial situation with time off work, and 

20    paying for treatments, and most certainly the 

21    impacts to your life overall.

22                 Cancer patients already have too 

23    much stress in their daily lives, which is why 

24    Sock Out Cancer works with hospitals and other 

25    organizations to provide financial assistance so 


                                                               7979

 1    patients can focus on their battle with cancer.  

 2                 This is a day for all of us across 

 3    New York State to pause and stand in solidarity 

 4    with residents who are fighting cancer along with 

 5    their families.  We all have a role to play, 

 6    whether we choose to wear the signature socks, as 

 7    I described a moment ago, donate to the cause, or 

 8    simply stand beside our loved ones in this fight.  

 9                 We honor the strength of cancer 

10    survivors and reaffirm our steadfast support for 

11    those in this fight.  We lift up their strength 

12    by honoring their resilience and reminding them 

13    that they are not alone.  Every step we take and 

14    every event that we support helps to bring hope 

15    to those facing this disease.

16                 So to Security Mutual Life Insurance 

17    and all the partners that make this day possible, 

18    your leadership is a beacon of hope for many 

19    families across our state.  Let's continue to 

20    Sock Out Cancer together.  

21                 Thank you, Mr. President.  I proudly 

22    vote aye.

23                 ACTING PRESIDENT BAILEY:   Senator 

24    Webb to be recorded in the affirmative.

25                 The resolution was adopted on 


                                                               7980

 1    March 10th.

 2                 Senator Gianaris.

 3                 SENATOR GIANARIS:   Okay, at this 

 4    time let's take up previously adopted 

 5    Resolution 2262, by Senator Martins, read its 

 6    title and call on Senator Martins, please.

 7                 ACTING PRESIDENT BAILEY:   The 

 8    Secretary will read.

 9                 THE SECRETARY:   Resolution 2262, by 

10    Senator Martins, mourning the death of Carl L. 

11    Marcellino, former New York State Senator and 

12    distinguished citizen of his community.

13                 ACTING PRESIDENT BAILEY:   Senator 

14    Martins on the resolution.

15                 SENATOR MARTINS:   Thank you, 

16    Mr. President.  I rise to celebrate the life of 

17    Carl Louis Marcellino, Senator Carl Marcellino.  

18                 Many of us remember Carl from having 

19    served with him.  Carl served for 22 years, 

20    through 2018.  Some of us have been here a long 

21    time.  Yet some of us who have been here a long 

22    time at this point probably didn't have the 

23    opportunity or the privilege to serve with 

24    Carl Marcellino, which is I guess a message to 

25    all of us here just how quick things move as you 


                                                               7981

 1    go through this process and service in this 

 2    chamber.  

 3                 Carl Marcellino served for 22 years 

 4    as a New York City schoolteacher.  After his 

 5    service as a schoolteacher, he served as the 

 6    clerk for the Town of Oyster Bay on Long Island, 

 7    before going on to serve for 23 years as a member 

 8    of this chamber.  

 9                 He was very integral to a lot of us 

10    in terms of how he carried himself in this 

11    chamber.  Those of us who remember Carl remember 

12    him to be a person of integrity, sometimes a 

13    little gruff, but always ready to help in any way 

14    that he could.  

15                 A lot of the things that he 

16    concentrated on while he was a State Senator are 

17    things that survive today and part of the fabric 

18    of what we do here, especially when it comes to 

19    the environment, as he served for decades as the 

20    chair of the Environmental Committee.  

21                 Carl is survived by his wife, Pat; 

22    by his son, Carl; and by his daughter, Jean.  He 

23    made a difference.  It's not something you can 

24    really say about everyone.  But Carl Marcellino, 

25    through his service as a schoolteacher, as a 


                                                               7982

 1    government official, and all those years here in 

 2    the State Senate, he made a difference.  New York 

 3    State is better today because of the service that 

 4    Carl provided, because of the leadership he 

 5    provided not only here in New York but in so many 

 6    organizations focused on the environment.  

 7                 Carl was a friend.  And so I 

 8    appreciate and I'm thankful for the opportunity 

 9    to recognize his service, his legacy, and to 

10    thank all of us here for just taking a brief 

11    moment in honor of one of our own who passed 

12    earlier this year.  

13                 So, Mr. President, thank you for 

14    this opportunity.  Today, as we go about our 

15    lives and we finish off the session -- it is the 

16    last day -- take a moment along the way to just 

17    say a silent prayer, keep Carl in your thoughts.  

18    He was one of us.  

19                 God bless you.  Thank you all very 

20    much.  Thank you, Mr. President.

21                 ACTING PRESIDENT BAILEY:   Thank 

22    you, Senator Martins.

23                 God bless one of the members of our 

24    Senate family.  

25                 The resolution was previously 


                                                               7983

 1    adopted on June 2nd.

 2                 Senator Gianaris.

 3                 SENATOR GIANARIS:   Mr. President, 

 4    at this time I move to adopt the 

 5    Resolution Calendar.

 6                 ACTING PRESIDENT BAILEY:   All those 

 7    in favor of adopting the Resolution Calendar 

 8    please signify by saying aye.

 9                 (Response of "Aye.")

10                 ACTING PRESIDENT BAILEY:   Opposed, 

11    nay.

12                 (No response.)

13                 ACTING PRESIDENT BAILEY:   The 

14    Resolution Calendar -- excuse me.  The Resolution 

15    Calendar?  The Rules agenda is accepted.

16                 SENATOR GIANARIS:   No, you were 

17    right, it's the Resolution Calendar.

18                 ACTING PRESIDENT BAILEY:   The 

19    Resolution Calendar, excuse me.  It's late.

20                 SENATOR GIANARIS:   Now I believe 

21    there's a Rules report at the desk.  Let's take 

22    that up, please.

23                 ACTING PRESIDENT BAILEY:   The 

24    Secretary will read.

25                 THE SECRETARY:   Senator 


                                                               7984

 1    Stewart-Cousins, from the Committee on Rules, 

 2    reports the following bills:  

 3                 Senate Print 1232A, by Senator May, 

 4    an act in relation to authorizing 

 5    Christopher Walser and Matthew Patire to each 

 6    take the competitive civil service examination;

 7                 Senate Print 1763A, by 

 8    Senator Fernandez, an act to amend the 

 9    Insurance Law;

10                 Senate Print 1819A, by 

11    Senator Fernandez, an act to amend the 

12    Criminal Procedure Law; 

13                 Senate Print 2001A, by 

14    Senator Brisport, an act to amend the 

15    Social Services Law; 

16                 Senate Print 4490A, by 

17    Senator Helming, an act in relation to 

18    authorizing Christine Hasseler to apply for a 

19    recalculation of her retirement benefits; 

20                 Senate Print 6987A, by 

21    Senator Harckham, an act to amend the 

22    Social Services Law; 

23                 Senate Print 7712, by Senator Ortt, 

24    an act to amend the Criminal Procedure Law; 

25                 Senate Print 7978A, by 


                                                               7985

 1    Senator Brouk, an act to amend the 

 2    Social Services Law; 

 3                 Senate Print 9113A, by 

 4    Senator Bailey, an act to amend the 

 5    Insurance Law; 

 6                 Senate Print 9255, by 

 7    Senator Jackson, an act to amend the 

 8    Retirement and Social Security Law; 

 9                 Senate Print 9407, by 

10    Senator Gonzalez, an act to amend the Tax Law; 

11                 Senate Print 9432A, by 

12    Senator Lanza, an act to amend the 

13    Civil Practice Law and Rules; 

14                 Senate Print 9454, by 

15    Senator Rolison, an act to amend the 

16    Vehicle and Traffic Law; 

17                 Senate Print 9458, by 

18    Senator Hinchey, an act to allow Steven Kobie 

19    Jackson to be eligible to take the civil service 

20    examination; 

21                 Senate Print 9528A, by Senator Webb, 

22    an act to amend the Vehicle and Traffic Law; 

23                 Senate Print 9566, by 

24    Senator Jackson, an act to amend the 

25    Retirement and Social Security Law; 


                                                               7986

 1                 Senate Print 9586A, by 

 2    Senator Parker, an act to amend the 

 3    Public Authorities Law; 

 4                 Senate Print 10084, by 

 5    Senator Gallivan, an act to authorize the 

 6    Town of Hamburg to extend the Big Tree Fire 

 7    Protection District; 

 8                 Senate Print 10189, by 

 9    Senator Gounardes, an act to amend the 

10    Retirement and Social Security Law;

11                 Senate Print 10256, by 

12    Senator Bynoe, an act to amend the Education Law; 

13                 Senate Print 10398A, by 

14    Senator Martinez, an act to amend the 

15    General Municipal Law; 

16                 Senate Print 10593, by 

17    Senator Skoufis, an act to amend the 

18    Public Officers Law; 

19                 Senate Print 10608, by 

20    Senator Bynoe, an act in relation to authorizing 

21    the County of Nassau to accept an application for 

22    a real property tax exemption; 

23                 Senate Print 10615, by Senator Liu, 

24    an act to amend the Education Law;

25                 Senate Print 10619, by 


                                                               7987

 1    Senator Sutton, an act to amend the 

 2    Public Authorities Law; 

 3                 Senate Print 10623, by 

 4    Senator Bynoe, an act to amend the 

 5    Vehicle and Traffic Law; 

 6                 Senate Print 10633, by 

 7    Senator Martinez, an act to amend the Tax Law; 

 8                 Senate Print 10643, by 

 9    Senator Ramos, an act to amend the Cannabis Law; 

10                 Senate Print 10650, by 

11    Senator Kavanagh, an act to amend the 

12    Military Law; 

13                 Senate Print 9444A, by 

14    Senator Bynoe, an act to amend the Highway Law; 

15                 Senate Print 10187, by 

16    Senator Rhoads, an act to amend the 

17    Nassau County Civil Divisions Act; 

18                 Senate Print 10655, by 

19    Senator Jackson, an act to amend the 

20    Civil Service Law.

21                 All bills report direct to third 

22    reading.

23                 SENATOR GIANARIS:   Move to accept 

24    the report of the Rules Committee.

25                 ACTING PRESIDENT BAILEY:   All those 


                                                               7988

 1    in favor of accepting the report of the 

 2    Rules Committee, please signify by saying aye.  

 3                 (Response of "Aye.")

 4                 ACTING PRESIDENT BAILEY:   Opposed, 

 5    nay.

 6                 (No response.)

 7                 ACTING PRESIDENT BAILEY:   The 

 8    report of the Rules Committee is accepted.

 9                 Senator Gianaris.

10                 SENATOR GIANARIS:   Let's take up 

11    the supplemental active list at this time, 

12    please.

13                 ACTING PRESIDENT BAILEY:   The 

14    Secretary will read.

15                 There are substitutions at the desk.

16                 The Secretary will read.  

17                 THE SECRETARY:   Senator Gounardes 

18    moves to discharge, from the Committee on 

19    Corporations, Authorities and Commissions, 

20    Assembly Bill Number 9590A and substitute it for 

21    the identical Senate Bill 8839A, Third Reading 

22    Calendar 324.

23                 Senator Bailey moves to discharge, 

24    from the Committee on Insurance, Assembly Bill 

25    Number 6652B and substitute it for the identical 


                                                               7989

 1    Senate Bill 6122A, Third Reading Calendar 582.

 2                 Senator Bailey moves to discharge, 

 3    from the Committee on Insurance, Assembly Bill 

 4    Number 3687B and substitute it for the identical 

 5    Senate Bill 5313A, Third Reading Calendar 885.

 6                 Senator Jackson moves to discharge, 

 7    from the Committee on Rules, Assembly Bill 

 8    Number 9528 and substitute it for the identical 

 9    Senate Bill 8847, Third Reading Calendar 1238.

10                 ACTING PRESIDENT BAILEY:   The 

11    substitutions are so ordered.  

12                 The Secretary will read.

13                 THE SECRETARY:   Calendar Number 

14    324, Assembly Bill Number 9590A, by 

15    Assemblymember Fall, an act to amend the 

16    Public Authorities Law.

17                 ACTING PRESIDENT BAILEY:   Read the 

18    last section.  

19                 THE SECRETARY:   Section 2.  This 

20    act shall take effect immediately.  

21                 ACTING PRESIDENT BAILEY:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT BAILEY:   Announce 

25    the results.


                                                               7990

 1                 THE SECRETARY:   Ayes, 60.

 2                 ACTING PRESIDENT BAILEY:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    582, Assembly Bill Number 6652B, by 

 6    Assemblymember Weprin, an act to amend the 

 7    Insurance Law.

 8                 ACTING PRESIDENT BAILEY:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 2.  This 

11    act shall take effect immediately.

12                 ACTING PRESIDENT BAILEY:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT BAILEY:   Senator 

16    Fernandez to explain her vote.

17                 SENATOR FERNANDEZ:   Thank you, 

18    Mr. President.  

19                 I thank the body for bringing this 

20    bill to the floor.  This was a bill that we tried 

21    to get -- actually, we did get it in the 

22    one-house, because this bill addresses 

23    affordability.  This has been the theme for us 

24    this year, trying to make life easier, more 

25    accessible, more affordable for all New Yorkers.  


                                                               7991

 1                 And when New Yorkers are going 

 2    through substance use treatments, mental health 

 3    counseling treatments, sometimes there are 

 4    copays.  And sometimes those copays are very 

 5    expensive.  And when they are that expensive, it 

 6    does lead people to make the hard decision of 

 7    going to continue their care or possibly paying a 

 8    bill they need to pay.  

 9                 So this bill caps copays at 250 to 

10    give that opportunity, that ability to go get 

11    your care and continue your work in taking care 

12    of yourself.  

13                 So thank you for bringing this bill 

14    to the floor.  I proudly vote aye.

15                 ACTING PRESIDENT BAILEY:   Senator 

16    Fernandez to be recorded in the affirmative.

17                 Announce the results.  

18                 THE SECRETARY:   Ayes, 60.

19                 ACTING PRESIDENT BAILEY:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    595, Senate Print 1913, by Senator Rivera, an act 

23    to amend the Public Health Law.

24                 SENATOR LANZA:   Lay it aside.  

25                 ACTING PRESIDENT BAILEY:   Lay it 


                                                               7992

 1    aside.

 2                 THE SECRETARY:   Calendar Number 

 3    835, Senate Print 8623B, by Senator May, an act 

 4    to amend the General Business Law.

 5                 SENATOR LANZA:   Lay it aside.  

 6                 ACTING PRESIDENT BAILEY:   Lay it 

 7    aside.

 8                 THE SECRETARY:   Calendar Number 

 9    885, Assembly Bill Number 3687B, by 

10    Assemblymember Weprin, an act to amend the 

11    Insurance Law.

12                 ACTING PRESIDENT BAILEY:   Read the 

13    last section.  

14                 THE SECRETARY:   Section 4.  This 

15    act shall take effect January 1, 2027.

16                 ACTING PRESIDENT BAILEY:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT BAILEY:   Announce 

20    the results.

21                 THE SECRETARY:   Ayes, 60.

22                 ACTING PRESIDENT BAILEY:   The bill 

23    is passed.  

24                 THE SECRETARY:   Calendar Number 

25    1031, Senate Print 8279, by Senator Sepúlveda, an 


                                                               7993

 1    act directing the Superintendent of Financial 

 2    Services to conduct an analysis of the financial 

 3    stability of the check-cashing industry.

 4                 ACTING PRESIDENT BAILEY:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 3.  This 

 7    act shall take effect immediately.

 8                 ACTING PRESIDENT BAILEY:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT BAILEY:   Announce 

12    the results.

13                 THE SECRETARY:   Ayes, 60.

14                 ACTING PRESIDENT BAILEY:   The bill 

15    is passed.  

16                 THE SECRETARY:   Calendar Number 

17    1238, Assembly Number 9528, by 

18    Assemblymember Pheffer Amato, an act to amend the 

19    Public Health Law.

20                 ACTING PRESIDENT BAILEY:   Read the 

21    last section.

22                 THE SECRETARY:   Section 3.  This 

23    act shall take effect immediately.  

24                 ACTING PRESIDENT BAILEY:   Call the 

25    roll.


                                                               7994

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT BAILEY:   Announce 

 3    the results.

 4                 THE SECRETARY:   In relation to 

 5    Calendar 1238, voting in the negative are 

 6    Senators Ortt and Walczyk.

 7                 Ayes, 58.  Nays, 2.

 8                 ACTING PRESIDENT BAILEY:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    1301, Senate Print 5317A, by Senator Bailey, an 

12    act to amend the Correction Law.

13                 ACTING PRESIDENT BAILEY:   Read the 

14    last section.

15                 THE SECRETARY:   Section 3.  This 

16    act shall take effect immediately.

17                 ACTING PRESIDENT BAILEY:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT BAILEY:   Announce 

21    the results.

22                 THE SECRETARY:   Ayes, 60.

23                 ACTING PRESIDENT BAILEY:   The bill 

24    is passed.  

25                 THE SECRETARY:   Calendar Number 


                                                               7995

 1    1374, Senate Print 8201A, by Senator Martins, an 

 2    act to amend Chapter 280 of the Laws of 2016.

 3                 ACTING PRESIDENT BAILEY:   There's a 

 4    home-rule message at the desk.

 5                 Read the last section.

 6                 THE SECRETARY:   Section 2.  This 

 7    act shall take effect immediately.

 8                 ACTING PRESIDENT BAILEY:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT BAILEY:   Announce 

12    the results.

13                 THE SECRETARY:   Ayes, 60.

14                 ACTING PRESIDENT BAILEY:   The bill 

15    is passed.

16                 Senator Gianaris, that completes the 

17    reading of today's supplemental active list.

18                 SENATOR GIANARIS:   Let's move on to 

19    the supplemental calendar, please.

20                 ACTING PRESIDENT BAILEY:   There are 

21    substitutions at the desk.  

22                 The Secretary will read.

23                 THE SECRETARY:   Senator May moves 

24    to discharge, from the Committee on Civil Service 

25    and Pensions, Assembly Bill Number 6148A and 


                                                               7996

 1    substitute it for the identical Senate Bill 

 2    1232A, Third Reading Calendar 1790.  

 3                 Senator Harckham moves to discharge, 

 4    from the Committee on Rules, Assembly Bill 

 5    Number 7833A and substitute it for the identical 

 6    Senate Bill 6987A, Third Reading Calendar 1795.

 7                 Senator Ortt moves to discharge, 

 8    from the Committee on Codes, Assembly Bill 

 9    Number 8235 and substitute it for the identical 

10    Senate Bill 7712, Third Reading Calendar 1796.  

11                 Senator Brouk moves to discharge, 

12    from the Committee on Children and Families, 

13    Assembly Bill Number 7603B and substitute it for 

14    the identical Senate Bill 7978A, Third Reading 

15    Calendar 1797.  

16                 Senator Jackson moves to discharge, 

17    from the Committee on Finance, Assembly Bill 

18    Number 10250 and substitute it for the identical 

19    Senate Bill 9255, Third Reading Calendar 1799.

20                 Senator Gonzalez moves to discharge, 

21    from the Committee on Budget and Revenue, 

22    Assembly Bill Number 10429 and substitute it for 

23    the identical Senate Bill 9407, Third Reading 

24    Calendar 1800.

25                 Senator Rolison moves to discharge, 


                                                               7997

 1    from the Committee on Transportation, 

 2    Assembly Bill Number 10390A and substitute it for 

 3    the identical Senate Bill 9454, Third Reading 

 4    Calendar 1802.

 5                 Senator Jackson moves to discharge, 

 6    from the Committee on Finance, Assembly Bill 

 7    Number 10833 and substitute it for the identical 

 8    Senate Bill Number 9566, Third Reading Calendar 

 9    1805.

10                 Senator Gounardes moves to 

11    discharge, from the Committee on Civil Service 

12    and Pensions, Assembly Bill Number 11154 and 

13    substitute it for the identical Senate Bill 

14    10189, Third Reading Calendar 1808.

15                 Senator Bynoe moves to discharge, 

16    from the Committee on Education, Assembly Bill 

17    Number 11057 and substitute it for the identical 

18    Senate Bill 10256, Third Reading Calendar 1809.

19                 Senator Martinez moves to discharge, 

20    from the Committee on Local Government, 

21    Assembly Bill Number 10921A and substitute it for 

22    the identical Senate Bill 10398A, Third Reading 

23    Calendar 1810.

24                 Senator Liu moves to discharge, from 

25    the Committee on Rules, Assembly Bill 


                                                               7998

 1    Number 11539 and substitute it for the identical 

 2    Senate Bill 10615, Third Reading Calendar 1813.

 3                 Senator Martinez moves to discharge, 

 4    from the Committee on Rules, Assembly Bill 

 5    Number 11552 and substitute it for the identical 

 6    Senate Bill 10633, Third Reading Calendar 1816.

 7                 Senator Kavanagh moves to discharge, 

 8    from the Committee on Rules, Assembly Bill 

 9    Number 11538 and substitute it for the identical 

10    Senate Bill 10650, Third Reading Calendar 1818.

11                 Senator Bynoe moves to discharge, 

12    from the Committee on Rules, Assembly Bill 

13    Number 11077A and substitute it for the identical 

14    Senate Bill 9444A, Third Reading Calendar 1819.

15                 ACTING PRESIDENT BAILEY:  

16    Substitutions so ordered.

17                 The Secretary will read.

18                 THE SECRETARY:   Calendar Number 

19    1790, Assembly Bill Number 6148A, by 

20    Assemblymember Lemondes, an act in relation to 

21    authorizing Christopher Walser and Matthew Patire 

22    to each take the competitive civil service 

23    examination.

24                 ACTING PRESIDENT BAILEY:   There's a 

25    home-rule message at the desk.


                                                               7999

 1                 Read the last section.

 2                 THE SECRETARY:   Section 2.  This 

 3    act shall take effect immediately.  

 4                 ACTING PRESIDENT BAILEY:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT BAILEY:   Announce 

 8    the results.

 9                 THE SECRETARY:   In relation to 

10    Calendar 1790, voting in the negative:  

11    Senator Brisport.

12                 Ayes, 59.  Nays, 1.

13                 ACTING PRESIDENT BAILEY:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    1791, Senate Print 1763A, by Senator Fernandez, 

17    an act to amend the Insurance Law.

18                 ACTING PRESIDENT BAILEY:   Read the 

19    last section.

20                 THE SECRETARY:   Section 4.  This 

21    act shall take effect on the first of January.

22                 ACTING PRESIDENT BAILEY:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT BAILEY:   Announce 


                                                               8000

 1    the results.

 2                 THE SECRETARY:   In relation to 

 3    Calendar 1791, voting in the negative:  

 4    Senator Ortt.

 5                 Ayes, 59.  Nays, 1.

 6                 ACTING PRESIDENT BAILEY:   The bill 

 7    is passed.

 8                 The Secretary will read.

 9                 THE SECRETARY:   Calendar Number 

10    1792, Senate Print 1819A, by Senator Fernandez, 

11    an act to amend the Criminal Procedure Law.

12                 ACTING PRESIDENT BAILEY:   Read the 

13    last section.

14                 THE SECRETARY:   Section 2.  This 

15    act shall take effect immediately.  

16                 ACTING PRESIDENT BAILEY:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT BAILEY:   Announce 

20    the results.

21                 THE SECRETARY:   In relation to 

22    Calendar 1792, voting in the negative are 

23    Senators Ashby, Borrello, Canzoneri-Fitzpatrick, 

24    Chan, Gallivan, Griffo, Helming, Lanza, Martins, 

25    Martinez, Mattera, Murray, Oberacker, O'Mara, 


                                                               8001

 1    Ortt, Palumbo, Rhoads, Rolison, Skoufis, Stec, 

 2    Tedisco, Walczyk, Weber and Weik. 

 3                 Ayes, 36.  Nays, 24.

 4                 ACTING PRESIDENT BAILEY:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    1793, Senate Print 2001A, by Senator Brisport, an 

 8    act to amend the Social Services Law.

 9                 ACTING PRESIDENT BAILEY:   Read the 

10    last section.

11                 THE SECRETARY:   Section 3.  This 

12    act shall take effect on the 30th day after it 

13    shall have become a law.

14                 ACTING PRESIDENT BAILEY:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT BAILEY:   Announce 

18    the results.

19                 THE SECRETARY:   In relation to 

20    Calendar 1793, voting in the negative are 

21    Senators Gallivan, Griffo, Martins, Oberacker and 

22    Walczyk.

23                 Ayes, 55.  Nays, 5.

24                 ACTING PRESIDENT BAILEY:   The bill 

25    is passed.


                                                               8002

 1                 THE SECRETARY:   Calendar Number 

 2    1794, Senate Print 4490A, by Senator Helming, an 

 3    act in relation to authorizing Christine Hasseler 

 4    to apply for a recalculation of her retirement 

 5    benefits.

 6                 ACTING PRESIDENT BAILEY:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 3.  This 

 9    act shall take effect immediately.

10                 ACTING PRESIDENT BAILEY:   Call the 

11    roll.  

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT BAILEY:   Announce 

14    the results.

15                 THE SECRETARY:   Ayes, 60.

16                 ACTING PRESIDENT BAILEY:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    1795, Assembly Bill Number 7833A, by 

20    Assemblymember Levenberg, an act to amend the 

21    Social Services Law.

22                 ACTING PRESIDENT BAILEY:   Read the 

23    last section.

24                 THE SECRETARY:   Section 2.  This 

25    act shall take effect one year after it shall 


                                                               8003

 1    have become a law.

 2                 ACTING PRESIDENT BAILEY:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT BAILEY:   Senator 

 6    Harckham to explain his vote.

 7                 SENATOR HARCKHAM:   Thank you very 

 8    much, Mr. President.

 9                 On May 14th in 2024, Maria Coto, who 

10    was a senior child protective services worker for 

11    Westchester County Department of Social Services, 

12    was making a call in a apartment building two 

13    blocks from my district office.  She accidentally 

14    rang the wrong doorbell.  A man under the 

15    influence of PCP and alcohol came out and 

16    savagely beat her, and she never recovered from 

17    her injuries.

18                 Her colleagues in Westchester County 

19    CSEA vowed to see that her death would not be in 

20    vain, and so they set about creating a mechanism 

21    whereby no one would ever be in danger like that 

22    again.

23                 And so that's what this bill is.  It 

24    requires that social service districts equip all 

25    of the forward-facing caseworkers with panic 


                                                               8004

 1    buttons that they can wear on their clothing so 

 2    that they don't have to grapple for a telephone 

 3    or a laptop in a time of emergency.  This has 

 4    been a priority of CSEA statewide, but especially 

 5    those of us who work with them in Westchester.

 6                 So I want to thank my colleague 

 7    Dana Levenberg over in the Assembly and thank all 

 8    my colleagues from Westchester.  I know 

 9    Senator Mayer, Senator -- our Majority Leader, I 

10    thank her for putting this on the agenda this 

11    evening.  I know she's been very supportive of 

12    this initiative.  

13                 Proud to vote aye.  Thank you.

14                 ACTING PRESIDENT BAILEY:   Senator 

15    Harckham to be recorded in the affirmative.

16                 Announce the results.

17                 THE SECRETARY:   In relation to 

18    Calendar 1795, voting in the negative:  

19    Senator Walczyk.

20                 Ayes, 59.  Nays, 1.

21                 ACTING PRESIDENT BAILEY:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    1796, Assembly Bill Number 8235, by 

25    Assemblymember Hawley, an act to amend the 


                                                               8005

 1    Criminal Procedure Law.  

 2                 ACTING PRESIDENT BAILEY:   Read the 

 3    last section.  

 4                 THE SECRETARY:   Section 2.  This 

 5    act shall take effect immediately.  

 6                 ACTING PRESIDENT BAILEY:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT BAILEY:   Announce 

10    the results.

11                 THE SECRETARY:   In relation to 

12    Calendar 1796, voting in the negative are 

13    Senators Bailey, Brisport, Gonzalez, Hinchey, 

14    Krueger, Liu, Mayer, Myrie, Rivera and Salazar.  

15    Also Senator Skoufis.  Also Senator Ramos.  

16                 Ayes, 48.  Nays, 12.

17                 ACTING PRESIDENT BAILEY:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    1797, Assembly Bill Number 7603B, by 

21    Assemblymember Hevesi, an act to amend the 

22    Social Services Law.

23                 ACTING PRESIDENT BAILEY:   Read the 

24    last section.

25                 THE SECRETARY:   Section 3.  This 


                                                               8006

 1    act shall take effect on the 180th day after it 

 2    shall have become a law.

 3                 ACTING PRESIDENT BAILEY:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT BAILEY:   Announce 

 7    the results.

 8                 THE SECRETARY:   Ayes, 60.

 9                 ACTING PRESIDENT BAILEY:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    1798, Senate Print 9113A, by Senator Bailey, an 

13    act to amend the Insurance Law.

14                 ACTING PRESIDENT BAILEY:   Read the 

15    last section.

16                 THE SECRETARY:   Section 2.  This 

17    act shall take effect immediately.

18                 ACTING PRESIDENT BAILEY:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT BAILEY:   Announce 

22    the results.

23                 THE SECRETARY:   In relation to 

24    Calendar 1798, voting in the negative:  

25    Senator Walczyk.  


                                                               8007

 1                 Ayes, 59.  Nays, 1.

 2                 ACTING PRESIDENT BAILEY:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    1799, Assembly Bill Number 10250, by 

 6    Assemblymember Pheffer Amato, an act to amend the 

 7    Retirement and Social Security Law.

 8                 ACTING PRESIDENT BAILEY:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 2.  This 

11    act shall take effect immediately.

12                 ACTING PRESIDENT BAILEY:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT BAILEY:   Announce 

16    the results.

17                 THE SECRETARY:   Ayes, 60.

18                 ACTING PRESIDENT BAILEY:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    1800, Assembly Bill Number 10429, by 

22    Assemblymember Powers, an act to amend the 

23    Tax Law.

24                 ACTING PRESIDENT BAILEY:   Read the 

25    last section.


                                                               8008

 1                 THE SECRETARY:   Section 3.  This 

 2    act shall take effect on the first day of a 

 3    sales tax quarterly period.

 4                 ACTING PRESIDENT BAILEY:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT BAILEY:   Announce 

 8    the results.

 9                 THE SECRETARY:   Ayes, 60.

10                 ACTING PRESIDENT BAILEY:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    1801, Senate Print 9432A, by Senator Lanza, an 

14    act to amend the Civil Practice Law and Rules.

15                 ACTING PRESIDENT BAILEY:   Read the 

16    last section.

17                 THE SECRETARY:   Section 3.  This 

18    act shall take effect on the 180th day after it 

19    shall have become a law.

20                 ACTING PRESIDENT BAILEY:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT BAILEY:   Announce 

24    the results.

25                 THE SECRETARY:   Ayes, 60.


                                                               8009

 1                 ACTING PRESIDENT BAILEY:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    1802, Assembly Bill Number 10390A, by 

 5    Assemblymember Jacobson, an act to amend the 

 6    Vehicle and Traffic Law.  

 7                 ACTING PRESIDENT BAILEY:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 4.  This 

10    act shall take effect on the 30th day after it 

11    shall have become a law.

12                 ACTING PRESIDENT BAILEY:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT BAILEY:   Announce 

16    the results.

17                 THE SECRETARY:   In relation to 

18    Calendar 1802, voting in the negative:  

19    Senator Lanza.

20                 Ayes, 59.  Nays, 1.

21                 ACTING PRESIDENT BAILEY:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    1803, Senate Print 9458, by Senator Hinchey, an 

25    act to allow Steven Kobie Jackson to be eligible 


                                                               8010

 1    to take the civil service examination.

 2                 ACTING PRESIDENT BAILEY:   There is 

 3    a home-rule message at the desk.

 4                 Read the last section.

 5                 THE SECRETARY:   Section 3.  This 

 6    act shall take effect immediately.

 7                 ACTING PRESIDENT BAILEY:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT BAILEY:   Announce 

11    the results.

12                 THE SECRETARY:   Ayes, 60.

13                 ACTING PRESIDENT BAILEY:   The bill 

14    is passed.

15                 THE SECRETARY:   Excuse me.  In 

16    relation to Calendar 1803, voting in the 

17    negative:  Senator Brisport.  

18                 Ayes, 59.  Nays, 1.

19                 ACTING PRESIDENT BAILEY:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    1804, Senate Print 9528A, by Senator Webb, an act 

23    to amend the Vehicle and Traffic Law.

24                 ACTING PRESIDENT BAILEY:   There is 

25    a home-rule message at the desk.


                                                               8011

 1                 Read the last section.

 2                 THE SECRETARY:   Section 4.  This 

 3    act shall take effect on the 30th day after it 

 4    shall have become a law.

 5                 ACTING PRESIDENT BAILEY:   Call the 

 6    roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT BAILEY:   Announce 

 9    the results.

10                 THE SECRETARY:   In relation to 

11    Calendar 1804, voting in the negative:  

12    Senator Lanza.

13                 Ayes, 59.  Nays, 1.

14                 ACTING PRESIDENT BAILEY:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    1805, Assembly Bill Number 10833, by 

18    Assemblymember Pheffer Amato, an act to amend the 

19    Retirement and Social Security Law.

20                 ACTING PRESIDENT BAILEY:   Read the 

21    last section.

22                 THE SECRETARY:   Section 2.  This 

23    act shall take effect immediately.

24                 ACTING PRESIDENT BAILEY:   Call the 

25    roll.


                                                               8012

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT BAILEY:   Announce 

 3    the results.

 4                 THE SECRETARY:   Ayes, 60.

 5                 ACTING PRESIDENT BAILEY:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    1806, Senate Print 9586A, by Senator Parker, an 

 9    act to amend the Public Authorities Law.  

10                 ACTING PRESIDENT BAILEY:   Read the 

11    last section.

12                 THE SECRETARY:   Section 3.  This 

13    act shall take effect immediately.

14                 ACTING PRESIDENT BAILEY:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT BAILEY:   Announce 

18    the results.

19                 THE SECRETARY:   In relation to 

20    Calendar 1806, voting in the negative:  

21    Senator Walczyk.

22                 Ayes, 59.  Nays, 1.

23                 ACTING PRESIDENT BAILEY:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               8013

 1    1807, Senate Print 10084, by Senator Gallivan, an 

 2    act to authorize the Town of Hamburg to extend 

 3    the Big Tree Fire Protection District.

 4                 ACTING PRESIDENT BAILEY:   There is 

 5    a home-rule message at the desk.

 6                 Read the last section.

 7                 THE SECRETARY:   Section 5.  This 

 8    act shall take effect immediately.  

 9                 ACTING PRESIDENT BAILEY:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT BAILEY:   Announce 

13    the results.

14                 THE SECRETARY:   Ayes, 60.

15                 ACTING PRESIDENT BAILEY:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    1808, Assembly Bill Number 11154, by 

19    Assemblymember Pheffer Amato, an act to amend the 

20    Retirement and Social Security Law.

21                 ACTING PRESIDENT BAILEY:   Read the 

22    last section.

23                 THE SECRETARY:   Section 3.  This 

24    act shall take effect immediately.

25                 ACTING PRESIDENT BAILEY:   Call the 


                                                               8014

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT BAILEY:   Announce 

 4    the results.

 5                 THE SECRETARY:   Ayes, 60.

 6                 ACTING PRESIDENT BAILEY:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    1809, Assembly Bill Number 11057, by  

10    Assemblymember Benedetto, an act to amend the 

11    Education Law.

12                 ACTING PRESIDENT BAILEY:   Read the 

13    last section.

14                 THE SECRETARY:   Section 2.  This 

15    act shall take effect immediately.

16                 ACTING PRESIDENT BAILEY:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT BAILEY:   Announce 

20    the results.

21                 THE SECRETARY:   Ayes, 60.

22                 ACTING PRESIDENT BAILEY:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 

25    1810, Assembly Bill Number 10921A, by 


                                                               8015

 1    Assemblymember Stern, an act to amend the 

 2    General Municipal Law.

 3                 ACTING PRESIDENT BAILEY:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 3.  This 

 6    act shall take effect on the first of December.

 7                 ACTING PRESIDENT BAILEY:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT BAILEY:   Announce 

11    the results.

12                 THE SECRETARY:   Ayes, 60.

13                 ACTING PRESIDENT BAILEY:   The bill 

14    is passed. 

15                 THE SECRETARY:   Calendar Number 

16    1811, Senate Print 10593, by Senator Skoufis, an 

17    act to amend the Public Officers Law.

18                 ACTING PRESIDENT BAILEY:   Read the 

19    last section.

20                 THE SECRETARY:   Section 10.  This 

21    act shall take effect immediately.

22                 ACTING PRESIDENT BAILEY:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT BAILEY:   Announce 


                                                               8016

 1    the results.

 2                 THE SECRETARY:   In relation to 

 3    Calendar 1811, voting in the negative are 

 4    Senators Ashby, Borrello, Canzoneri-Fitzpatrick, 

 5    Chan, Gallivan, Griffo, Helming, Lanza, Martins, 

 6    Mattera, Mayer, Murray, O'Mara, Ortt, Palumbo, 

 7    Rhoads, Rolison, Stec, Tedisco, Walczyk, Weber 

 8    and Weik. 

 9                 Ayes, 38.  Nays, 22.

10                 ACTING PRESIDENT BAILEY:   The bill 

11    is passed.  

12                 THE SECRETARY:   Calendar Number 

13    1812, Senate Print 10608, by Senator Bynoe, an 

14    act in relation to authorizing the County of 

15    Nassau to accept an application for a real 

16    property tax exemption.  

17                 ACTING PRESIDENT BAILEY:   Read the 

18    last section.

19                 THE SECRETARY:   Section 2.  This 

20    act shall take effect immediately.  

21                 ACTING PRESIDENT BAILEY:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT BAILEY:   Announce 

25    the results.


                                                               8017

 1                 THE SECRETARY:   In relation to 

 2    Calendar 1812, voting in the negative are 

 3    Senators O'Mara and Skoufis.  

 4                 Ayes, 58.  Nays, 2.

 5                 ACTING PRESIDENT BAILEY:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    1813, Assembly Bill Number 11539, by 

 9    Assemblymember Alvarez, an act to amend the 

10    Education Law.

11                 ACTING PRESIDENT BAILEY:   Read the 

12    last section.

13                 THE SECRETARY:   Section 2.  This 

14    act shall take effect July 1, 2026.

15                 ACTING PRESIDENT BAILEY:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT BAILEY:   Announce 

19    the results.

20                 THE SECRETARY:   Ayes, 60.

21                 ACTING PRESIDENT BAILEY:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    1814, Senate Print 10619, by Senator Sutton, an 

25    act to amend the Public Authorities Law.


                                                               8018

 1                 ACTING PRESIDENT BAILEY:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 3.  This 

 4    act shall take effect immediately.

 5                 ACTING PRESIDENT BAILEY:   Call the 

 6    roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT BAILEY:   Announce 

 9    the results.

10                 THE SECRETARY:   Ayes, 60.

11                 ACTING PRESIDENT BAILEY:   The bill 

12    is passed.  

13                 THE SECRETARY:   Calendar Number 

14    1815, Senate Print 10623, by Senator Bynoe, an 

15    act to amend the Vehicle and Traffic Law.

16                 ACTING PRESIDENT BAILEY:   Read the 

17    last section.

18                 THE SECRETARY:   Section 4.  This 

19    act shall take effect on the 90th day after it 

20    shall have become a law.

21                 ACTING PRESIDENT BAILEY:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT BAILEY:   Senator 

25    Canzoneri-Fitzpatrick to explain her vote.


                                                               8019

 1                 SENATOR CANZONERI-FITZPATRICK:   

 2    Thank you, Mr. President.  

 3                 I want to thank the sponsor.  

 4                 Southern State Parkway is right by 

 5    my home.  And just within the last few weeks, we 

 6    had a horrific accident where a drunk driver 

 7    crossed over the divider, hit another car 

 8    head-on, killing the two occupants, who were in 

 9    their eighties.  And then also careened with four 

10    or five other cars.  It was a disaster.  

11                 Just recently I wrote to the 

12    Governor asking her to reopen the State Trooper 

13    facility in this area in Valley Stream, which 

14    covers my district, on the Southern State Parkway 

15    because of the issues that we're seeing.  

16                 So I thank the sponsor for bringing 

17    this up.  I proudly vote aye.

18                 Thank you, Mr. President.

19                 ACTING PRESIDENT BAILEY:   Senator 

20    Canzoneri-Fitzpatrick to be recorded in the 

21    affirmative.

22                 Senator Martins to explain his vote.

23                 SENATOR MARTINS:   Thank you, 

24    Mr. President.

25                 The stretch between Exit 17 and 


                                                               8020

 1    Exit 32 on the Southern State Parkway on 

 2    Long Island is known as Blood Alley.  It's known 

 3    as Blood Alley because of the number of accidents 

 4    that have happened there over the years.  

 5                 The highway, Mr. President, was 

 6    constructed at a time when they didn't expect 

 7    vehicles to travel quite as fast as they do right 

 8    now, the lanes are a little narrower.  

 9                 And unfortunately, with the number 

10    of cars that travel on the Southern State 

11    Parkway, invariably there have been accidents 

12    and, as has been described, some really bad 

13    accidents over the years.  

14                 I want to thank the sponsor for this 

15    initiative.  Anything we can do to get cars to 

16    slow down, to pay attention.  And yes, as 

17    Senator Canzoneri-Fitzpatrick just said, add 

18    enforcement.  And increased enforcement in the 

19    area will save lives, will protect residents.  

20                 And therefore, again, thank you to 

21    the sponsor.  

22                 Mr. President, I vote aye.

23                 ACTING PRESIDENT BAILEY:   Senator 

24    Martins to be recorded in the affirmative.

25                 Senator Rhoads to explain his vote.


                                                               8021

 1                 SENATOR RHOADS:   Thank you, 

 2    Mr. President.

 3                 Exits 23 through 29 actually run 

 4    through my district as well.  And I'm greatly 

 5    appreciative to Senator Bynoe for carrying this 

 6    piece of legislation.  

 7                 I certainly associate myself with 

 8    the comments of my colleagues Senator Martins and 

 9    Senator Canzoneri-Fitzpatrick.  This is a 

10    dangerous stretch of roadway, and anything we can 

11    do to make it a little bit safer is certainly 

12    well worth doing.  So again, thank you to the 

13    sponsor.  

14                 I proudly vote aye.

15                 ACTING PRESIDENT BAILEY:   Senator 

16    Rhoads to be recorded in the affirmative.

17                 Announce the results.  

18                 THE SECRETARY:   Ayes, 60.

19                 ACTING PRESIDENT BAILEY:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    1816, Assembly Bill Number 11552, by 

23    Assemblymember Stern, an act to amend the 

24    Tax Law.

25                 ACTING PRESIDENT BAILEY:   Read the 


                                                               8022

 1    last section.

 2                 THE SECRETARY:   Section 2.  This 

 3    act shall take effect immediately.

 4                 ACTING PRESIDENT BAILEY:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT BAILEY:   Announce 

 8    the results.

 9                 THE SECRETARY:   In relation to 

10    Calendar 1816, voting in the negative:  

11    Senator Skoufis.

12                 Ayes, 59.  Nays, 1.

13                 ACTING PRESIDENT BAILEY:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    1817, Senate Print 10643, by Senator Ramos, an 

17    act to amend the Cannabis Law.

18                 ACTING PRESIDENT BAILEY:   Read the 

19    last section.

20                 THE SECRETARY:   Section 9.  This 

21    act shall take effect immediately.  

22                 ACTING PRESIDENT BAILEY:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT BAILEY:   Announce 


                                                               8023

 1    the results.

 2                 THE SECRETARY:   In relation to 

 3    Calendar 1817, voting in the negative are 

 4    Senators Ashby, Borrello, Canzoneri-Fitzpatrick, 

 5    Chan, Gallivan, Griffo, Helming, Hinchey, 

 6    Krueger, Lanza, Martins, May, O'Mara, Ortt, 

 7    Palumbo, Rhoads, Rolison, Tedisco, Walczyk, Weber 

 8    and Weik.  Also Senator Rivera.

 9                 (Pause.)

10                 ACTING PRESIDENT BAILEY:   Announce 

11    the results.  

12                 THE SECRETARY:   In relation to 

13    Calendar 1817, voting in the negative are 

14    Senators Ashby, Borrello, Canzoneri-Fitzpatrick, 

15    Chan, Gallivan, Griffo, Helming, Hinchey, 

16    Krueger, Lanza, Martins, May, O'Mara, Ortt, 

17    Palumbo, Rhoads, Rivera, Rolison, Stec, Tedisco, 

18    Walczyk, Weber and Weik.

19                 Ayes, 37.  Nays, 23.

20                 ACTING PRESIDENT BAILEY:   The bill 

21    is passed.  

22                 THE SECRETARY:   Calendar Number 

23    1818, Assembly Bill Number 11538, by 

24    Assemblymember Lee, an act to amend the 

25    Military Law.


                                                               8024

 1                 ACTING PRESIDENT BAILEY:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 2.  This 

 4    act shall take effect immediately.

 5                 ACTING PRESIDENT BAILEY:   Call the 

 6    roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT BAILEY:   Announce 

 9    the results.  

10                 THE SECRETARY:   Ayes, 60.

11                 ACTING PRESIDENT BAILEY:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 

14    1819, Assembly Bill Number 11077A, by 

15    Assemblymember Burroughs, an act to amend the 

16    Highway Law.

17                 ACTING PRESIDENT BAILEY:   Read the 

18    last section.

19                 THE SECRETARY:   Section 2.  This 

20    act shall take effect immediately.

21                 ACTING PRESIDENT BAILEY:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT BAILEY:   Announce 

25    the results.


                                                               8025

 1                 THE SECRETARY:   Ayes, 60.

 2                 ACTING PRESIDENT BAILEY:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    1820, Senate Print 10187, by Senator Rhoads, an 

 6    act to amend the Nassau County Civil Divisions 

 7    Act.  

 8                 ACTING PRESIDENT BAILEY:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 2.  This 

11    act shall take effect immediately.  

12                 ACTING PRESIDENT BAILEY:   Call the 

13    roll.  

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT BAILEY:   Announce 

16    the results.

17                 THE SECRETARY:   Ayes, 60.

18                 ACTING PRESIDENT BAILEY:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    1821, Senate Print 10655, by Senator Jackson, an 

22    act to amend the Civil Service Law.

23                 ACTING PRESIDENT BAILEY:   Senator 

24    Gianaris.  

25                 SENATOR GIANARIS:   Mr. President, 


                                                               8026

 1    is there a message of necessity at the desk?

 2                 ACTING PRESIDENT BAILEY:   There is 

 3    a message of necessity at the desk.

 4                 SENATOR GIANARIS:   Move to accept 

 5    the message of necessity.

 6                 ACTING PRESIDENT BAILEY:   All those 

 7    in favor of accepting the message, please signify 

 8    by saying aye.

 9                 (Response of "Aye.")

10                 ACTING PRESIDENT BAILEY:   Opposed, 

11    nay.

12                 (No response.)

13                 ACTING PRESIDENT BAILEY:   The 

14    message is accepted, and the bill is before the 

15    house. 

16                 Read the last section.  

17                 THE SECRETARY:   Section 24.  This 

18    act shall take effect immediately.  

19                 ACTING PRESIDENT BAILEY:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT BAILEY:   Announce 

23    the results.

24                 THE SECRETARY:   Ayes, 60.

25                 ACTING PRESIDENT BAILEY:   The bill 


                                                               8027

 1    is passed.

 2                 Senator Gianaris, that completes the 

 3    reading of today's supplemental calendar.  

 4                 SENATOR GIANARIS:   Let's move on to 

 5    the controversial calendar, please.

 6                 ACTING PRESIDENT BAILEY:   The 

 7    Secretary will ring the bell.

 8                 The Secretary will read.

 9                 THE SECRETARY:   Calendar Number 

10    595, Senate Print 1913, by Senator Rivera, an act 

11    to amend the Public Health Law.

12                 ACTING PRESIDENT BAILEY:   Senator 

13    Gallivan, why do you rise? 

14                 SENATOR GALLIVAN:   Would the 

15    sponsor answer some questions, or yield for some 

16    questions?

17                 ACTING PRESIDENT BAILEY:   Will the 

18    sponsor yield?

19                 SENATOR RIVERA:   Yes.

20                 ACTING PRESIDENT BAILEY:   The 

21    sponsor yields.  

22                 SENATOR GALLIVAN:   So this bill has 

23    to do with the 340B program.  How does this bill, 

24    Senator Rivera, ensure that the intent of the 

25    program is properly realized?  


                                                               8028

 1                 SENATOR RIVERA:   Through you, 

 2    Mr. President.  For those folks who might not be 

 3    familiar, the 340B program is a federal program 

 4    that provides benefits to institutions, health 

 5    institutions across the country.

 6                 What it does is -- it's a critical 

 7    financial lifeline for so many institutions 

 8    because what it does is it provides discounted 

 9    drugs to facilities all across the nation.  

10                 But this is the thing that we have 

11    to focus on, Mr. President.  The fact is that the 

12    program was designed specifically to aid 

13    organizations like FQHCs, safety net hospitals, 

14    et cetera, that then use the savings that they 

15    accrue from getting discounted drugs to be able 

16    to do all sorts of things for folks in different 

17    communities all across the state and all across 

18    our country.  

19                 Whether it is providing 

20    uncompensated care, which includes folks who are 

21    either uninsured or underinsured, whether it's 

22    dealing with behavioral health crises, whether 

23    it's vaccination programs, public health fairs, 

24    et cetera, et cetera, the savings that 

25    organizations, FQHCs across the state accrue, and 


                                                               8029

 1    hospitals as well, accrue from these savings 

 2    allow them to provide all these services to the 

 3    most vulnerable in our state.

 4                 SENATOR GALLIVAN:   Will the sponsor 

 5    yield? 

 6                 ACTING PRESIDENT BAILEY:   Will the 

 7    sponsor yield? 

 8                 SENATOR RIVERA:   Yes.

 9                 ACTING PRESIDENT BAILEY:   The 

10    sponsor yields.  

11                 SENATOR GALLIVAN:   I understand the 

12    program, and it's a very good program if 

13    properly -- properly implemented.  But how does 

14    this bill ensure that it is properly implemented 

15    and properly administered?

16                 SENATOR RIVERA:   Well, through you, 

17    Mr. President, what this bill does is it actually 

18    makes certain that -- there are some actions that 

19    pharmaceutical companies are taking right now 

20    which are actually making it harder for the 

21    program to be administered correctly, and I thank 

22    my colleague for bringing that up.  

23                 The fact is what this bill would do 

24    is it prohibits a pharmaceutical manufacturer, a 

25    PBM or pharmacy benefit manager, an outsourcing 


                                                               8030

 1    facility or a third-party logistic provider from 

 2    directly or indirectly denying, prohibiting, 

 3    conditioning, or otherwise limiting dispensing of 

 4    drugs from a covered entity or contract pharmacy, 

 5    denying access to drugs manufactured by a 

 6    pharmaceutical manufacturer to a covered entity 

 7    or contracted pharmacy, but most importantly, 

 8    imposing requirements, exclusions, reimbursement 

 9    terms, fees and audits, et cetera, that are not 

10    required by the federal program.  

11                 So it's actually making the -- 

12    putting this bill -- making this a bill a reality 

13    and making sure that it is signed into law would 

14    make sure that the program actually continues to 

15    do the thing that it's supposed to be doing; in 

16    other words, helping institutions that serve the 

17    most vulnerable in every corner of our state, in 

18    every Senate district in the state.

19                 SENATOR GALLIVAN:   Will the sponsor 

20    continue to yield? 

21                 ACTING PRESIDENT BAILEY:   Will the 

22    sponsor yield? 

23                 SENATOR RIVERA:   Yes.

24                 ACTING PRESIDENT BAILEY:   The 

25    sponsor yields.


                                                               8031

 1                 SENATOR GALLIVAN:   Are there any 

 2    transparency measures in the bill to ensure that 

 3    the money is spent consistent with the intent of 

 4    the program?  

 5                 SENATOR RIVERA:   Through you, 

 6    Mr. President.  It's funny that my colleague 

 7    mentions this.  There is -- in this particular 

 8    bill there is no language necessarily for 

 9    transparency.  

10                 I should mention that every single 

11    entity -- for example, every hospital in the 

12    State of New York is a nonprofit entity.  Every 

13    FQHC, or Federally Qualified Health Center, all 

14    of these institutions have a requirement to say 

15    the type of care or the type of charity care, 

16    et cetera, that they provide to their 

17    constituents -- to our constituents, I should 

18    say, and to the patients that they serve.

19                 So although there's nothing in this 

20    bill specifically that deals with transparency as 

21    it is -- as it keeps being brought up, the notion 

22    that there are large institutions that are taking 

23    advantage of the program, the fact is that the 

24    institutions that I'm looking to protect here are 

25    institutions that we should all seek to protect:  


                                                               8032

 1    Federally Qualified Health Centers, safety-net 

 2    institutions across the state, et cetera, that 

 3    serve the most vulnerable.

 4                 SENATOR GALLIVAN:   Will the sponsor 

 5    continue to yield?  

 6                 ACTING PRESIDENT BAILEY:   Will the 

 7    sponsor yield? 

 8                 SENATOR RIVERA:   Yes.

 9                 ACTING PRESIDENT BAILEY:   The 

10    sponsor yields.  

11                 SENATOR GALLIVAN:   If I could ask 

12    the sponsor just to clarify your last answer when 

13    you talked about large institutions taking 

14    advantage of the program.  

15                 Did that mean that they're utilizing 

16    the program the way it's intended, or they're 

17    doing something wrong?

18                 (Pause.)

19                 SENATOR RIVERA:   Through you, 

20    Mr. President.  

21                 What I am saying is that there is a 

22    claim, there's a consistent claim that folks who 

23    are availing themselves of this program are 

24    taking, quote, unquote, advantage of it.  And 

25    this is a talking point that is used over and 


                                                               8033

 1    over again.  

 2                 It is a complicated program at 

 3    the -- and it is a federal program, and certainly 

 4    larger institutions probably have more ease in -- 

 5    they have the capacity to be able to avail 

 6    themselves of it by having more resources to be 

 7    able to use it correctly.  

 8                 But the reality is that ultimately 

 9    whether it is HRSA, whether it's the IRS, whether 

10    it's the New York State Attorney General, all of 

11    these entities have authority to look into 

12    whether there is -- whether there is any 

13    impropriety.  

14                 So certainly while I use the word, 

15    it is really a talking point that really obscures 

16    the fact that ultimately these impositions from 

17    pharmaceutical companies are about them 

18    maintaining their profit margin.  And it 

19    certainly -- I don't blame them.  This is what 

20    they do.  They have to maximize profit for their 

21    stockholders.  

22                 But for us, the job of us in this 

23    chamber and certainly in this building should be 

24    to protect the most vulnerable.  And again this 

25    program, which was created specifically for the 


                                                               8034

 1    purpose of having institutions like FQHCs and 

 2    safety-net institutions avail themselves of 

 3    savings to use to provide all sorts of services 

 4    to the most vulnerable, that is what this bill is 

 5    intending to do:  Make sure that the program 

 6    continues to exist in that capacity.

 7                 SENATOR GALLIVAN:   Will the sponsor 

 8    continue to yield? 

 9                 ACTING PRESIDENT BAILEY:   Will the 

10    sponsor yield? 

11                 SENATOR RIVERA:   Yes.

12                 ACTING PRESIDENT BAILEY:   The 

13    sponsor yields.

14                 SENATOR GALLIVAN:   So we know that 

15    the beneficiaries should be the underserved, or 

16    underserved populations.

17                 But does this bill do anything to 

18    ensure that we -- the collective we, or those 

19    administering the program in the state -- will 

20    know that the benefits are getting to the right 

21    place?  

22                 SENATOR RIVERA:   Through you, 

23    Mr. President.  What I would suggest is that -- 

24    well, the bill specifically does not do -- does 

25    not do any of that.  


                                                               8035

 1                 What I would say is, number one, as 

 2    I mentioned already, there are more than a few -- 

 3    there's responsibilities that these entities have 

 4    because they are nonprofit institutions, because 

 5    they have -- they are using public dollars and 

 6    they're availing themselves of a public program, 

 7    in this case a federal one, they have certain 

 8    responsibilities to be able to maintain all these 

 9    records and to provide them to these entities.  

10    That's number one.  

11                 And number two, what I would suggest 

12    to anyone, not just my colleague who's asking the 

13    questions -- through you, Mr. President -- but to 

14    any single person in this State Senate or in the 

15    State Assembly, to reach out to the FQHC or 

16    Federally Qualified Health Center that serves 

17    them or their community.  And they will be told 

18    by those folks, it will just take them a few 

19    minutes, probably, to be able to say what they 

20    use this money for.

21                 So there are, again, 

22    responsibilities that each one of these entities 

23    has to report the charity care that they provide.  

24    So it's not like they're hiding anything.  They 

25    have to provide this information to the IRS, to 


                                                               8036

 1    HRSA, to the New York Attorney General if 

 2    requested.  

 3                 And ultimately, if you just ask any 

 4    of these safety-net institutions or 

 5    Federally Qualified Health Centers, I'm sure they 

 6    will be able to tell you all the things that they 

 7    do with these savings.

 8                 SENATOR GALLIVAN:   Thank you, 

 9    Senator.

10                 Will the sponsor continue to yield?

11                 ACTING PRESIDENT BAILEY:   Will the 

12    sponsor yield?

13                 SENATOR RIVERA:   Yes.

14                 ACTING PRESIDENT BAILEY:   The 

15    sponsor yields.

16                 SENATOR GALLIVAN:   So the sponsor, 

17    in describing what the bill -- what the program 

18    was and then what the bill did, essentially 

19    restricts the pharmaceutical manufacturer, 

20    third-party logistics provider, whomever is 

21    selling the pharmaceuticals, it restricts them 

22    from doing certain things.  

23                 Would that be accurate?

24                 SENATOR RIVERA:   Through you, 

25    Mr. President, yes.


                                                               8037

 1                 SENATOR GALLIVAN:   Will the sponsor 

 2    continue to yield? 

 3                 ACTING PRESIDENT BAILEY:   Does the 

 4    sponsor yield?

 5                 SENATOR RIVERA:   Yes.

 6                 ACTING PRESIDENT BAILEY:   The 

 7    sponsor yields.

 8                 SENATOR GALLIVAN:   And if I 

 9    understand it correctly, then these manufacturers 

10    enter into some sort of contract with the 

11    hospitals, the FQHCs or whoever is on the 

12    receiving end.  Is that accurate?  

13                 SENATOR RIVERA:   Through you, 

14    Mr. President, it is not a direct contract, so to 

15    speak, exactly.  

16                 But there is a requirement that 

17    these -- that the pharmaceuticals would be under 

18    the obligations of the federal program to provide 

19    drugs at a discounted price to these health 

20    institutions.

21                 SENATOR GALLIVAN:   Will the sponsor 

22    continue to yield?

23                 ACTING PRESIDENT BAILEY:   Will the 

24    sponsor yield? 

25                 SENATOR RIVERA:   Yes.


                                                               8038

 1                 SENATOR GALLIVAN:   And thank you 

 2    for that.  I'll move on.  

 3                 They're of course like many bills, 

 4    but this one is so significant, and the 

 5    340B program is so significant.  Like many bills, 

 6    we have tremendous support for the bill and I 

 7    would suggest tremendous opposition.  

 8                 Among those opposing it are the 

 9    State Laborers, NAACP for the state, the State 

10    Building and Construction Trades Council, 

11    Partnership for New York City, the Teamsters 

12    Local 237, the Hispanic Health Network, and the 

13    Latino Commission on AIDS, among others.  

14                 Why would they be opposing this 

15    bill?

16                 SENATOR RIVERA:   Through you, 

17    Mr. President.  Certainly each one of these 

18    folks, some of them have provided memos, some of 

19    them have not.  So the reasoning you can find in 

20    their memos.  

21                 But the reality is that we've 

22    actually had -- I've actually had conversations 

23    with some folks who after they say, for example, 

24    this will raise our costs, then my next question, 

25    my follow-up, is how will it do that?  They can't 


                                                               8039

 1    actually tell us.  Which is what's -- which is a 

 2    little weird here.  

 3                 I certainly understand the 

 4    opposition from pharmaceutical companies.  And I 

 5    respect it.  They are doing what they need to do 

 6    to make sure that they can keep making money and 

 7    making profit.

 8                 In the case of many of these 

 9    institutions, you would have to ask them why 

10    they're opposed.  But I certainly think that 

11    the -- when we're talking about who is supportive 

12    of it and you're talking about every Federally 

13    Qualified Health Center -- and I do have a list 

14    if my colleague -- if my colleague wants, I can 

15    provide him a list -- he probably knows it.  

16    Every single person in here probably knows every 

17    safety-net institution and every Federally 

18    Qualified Health Center in their district.  

19                 As a matter of fact, more than a few 

20    times, Mr. President, in the last few years there 

21    have been some of my colleagues on this side of 

22    the aisle and on that side of the aisle that have 

23    reached out to me and my staff saying, This is an 

24    issue that we have with an institution in our 

25    backyard that is about to go bust, that is just a 


                                                               8040

 1    couple of months away from completely losing 

 2    money, or not being able to operate, because they 

 3    don't -- they can't cover payroll.  

 4                 And this is something that happens 

 5    all over the place.  These are the same 

 6    institutions, Mr. President, that use this 

 7    program to be able to get some savings and to be 

 8    able to provide some of the services that they 

 9    have, some of the services that they provide, to 

10    our most vulnerable across the state.  

11                 So certainly the opposition, while I 

12    respect it, I don't understand it.  And I'm not 

13    saying as in I read the memos and outside of 

14    saying we want to make sure that we keep most of 

15    our money -- which is what pharma says, and 

16    God bless them for it -- a lot of other folks I 

17    don't necessarily understand their opposition.

18                 SENATOR GALLIVAN:   Would the 

19    sponsor continue to yield?  

20                 ACTING PRESIDENT BAILEY:   Will the 

21    sponsor yield?

22                 SENATOR RIVERA:   Yes.

23                 ACTING PRESIDENT BAILEY:   The 

24    sponsor yields.  

25                 SENATOR GALLIVAN:   The sponsor 


                                                               8041

 1    earlier -- properly, of course -- described this 

 2    as a federal program.  

 3                 My question is, wouldn't it be 

 4    better for this to be addressed at the federal 

 5    level, as opposed to the state trying to regulate 

 6    a federal program?

 7                 SENATOR RIVERA:   Through you, 

 8    Mr. President.  The reason this bill is necessary 

 9    is as a response to actions that the 

10    pharmaceutical companies have taken.  

11                 And I should tell you, by the way, 

12    that this is not the only time that they've tried 

13    it.  This is not the only place that they've 

14    tried it, Mr. President.  And there's been 

15    lawsuits that have been brought by the 

16    pharmaceutical companies against states that have 

17    actually acted against them, and they have not 

18    been successful.

19                 So as opposed to fidgeting with the 

20    federal program, which certainly is something 

21    that could happen, we are not the federal 

22    government here, and we do not -- thank the good 

23    Lord -- and we do not have -- and with this bill, 

24    we don't change anything in the federal program.  

25                 What we do is we actually say to the 


                                                               8042

 1    pharmaceutical companies is like, Hey, you're 

 2    messing with it, you are using -- you are doing 

 3    things that actually make it harder for 

 4    institutions to avail themselves of this program.  

 5    And by doing that, you're making it harder for 

 6    these institutions to have the only lifeline that 

 7    many of them have to be able to continue to 

 8    operate.  

 9                 And so you shouldn't do that 

10    anymore.  And what this bill would do is it would 

11    ban you from doing those things.  

12                 Which again, Mr. President, is to do 

13    something that the federal government does not 

14    require and that when they have challenged other 

15    states' actions in curtailing theirs, when pharma 

16    in other states, when pharmaceutical companies, 

17    period, have challenged the actions of other 

18    states in their curtailment of the actions that 

19    they have taken, they have been found to not -- 

20    they haven't been successful in getting the 

21    courts to back them up.

22                 SENATOR GALLIVAN:   Would the 

23    sponsor continue to yield?  

24                 ACTING PRESIDENT BAILEY:   Will the 

25    sponsor yield?


                                                               8043

 1                 SENATOR RIVERA:   Yes.

 2                 ACTING PRESIDENT BAILEY:   The 

 3    sponsor yields.  

 4                 SENATOR GALLIVAN:   I'm not sure if 

 5    you're aware, Senator Rivera, that within the 

 6    past week that the Health Resources and Services 

 7    Administration submitted a proposed rulemaking on 

 8    the federal 340B program to OMB for review and 

 9    approval.  

10                 And the first question:  Are you 

11    aware of it?  And whether you are or whether 

12    you're not, my question is, wouldn't it be better 

13    to wait to see what happens with these proposed 

14    changes before the state tries to make -- tries 

15    to further regulate it?

16                 SENATOR RIVERA:   Through you, 

17    Mr. President.  We're -- there might be some 

18    changes -- I was not aware that in the last 

19    week -- we've been kind of busy the last week, as 

20    you probably -- as you probably know.  

21                 So I was not aware of that 

22    particular potential rulemaking, or at least this 

23    process of public comment.  And so there might be 

24    some changes to the program, but again, this does 

25    not change what the federal program does.  


                                                               8044

 1                 What we're seeing here is that the 

 2    actions of the pharmaceuticals companies are the 

 3    inappropriate ones, that they're the ones -- (to 

 4    staffers with documents) You can go ahead and 

 5    pick it up.  That's fine, you can pick it up.  Go 

 6    ahead.  It happens.  It's a lot of information 

 7    there.  

 8                 Anyway, what we're saying is that 

 9    the actions of the pharmaceutical companies are 

10    the inappropriate ones.  They are going beyond 

11    the scope of what the program allows because what 

12    they're doing is they're making it harder for 

13    institutions to avail themselves of it.  

14                 And the program was designed 

15    specifically -- it's funny, some of the staffers, 

16    the same ones that dropped some papers, the 

17    reason they dropped the papers, Mr. President, is 

18    because there's a lot of research that has been 

19    on this, and there's some of that research that 

20    tells us that when this was actually put into 

21    effect, there's actually, on the Congressional 

22    Record, there is a description of what the 

23    program is meant to do.  

24                 And what the pharmaceutical 

25    companies are doing are actually making it harder 


                                                               8045

 1    for that to actually function.  

 2                 So as opposed to not following the 

 3    federal guidelines, what we're saying is like 

 4    please just leave it alone, let's make sure -- if 

 5    there's federal guidelines that changed, 

 6    Mr. President, then we'll have to avail --  we'll 

 7    have to abide by those changes.  

 8                 But for the moment we're just 

 9    saying:  Pharmaceutical companies, do not do what 

10    you're doing because you're making it harder for 

11    these institutions to continue to survive.

12                 SENATOR GALLIVAN:   Would the 

13    sponsor continue to yield?

14                 ACTING PRESIDENT BAILEY:   Will the 

15    sponsor yield?

16                 SENATOR RIVERA:   Yes.

17                 ACTING PRESIDENT BAILEY:   The 

18    sponsor yields.  

19                 SENATOR GALLIVAN:   Through you, 

20    Mr. President, is Senator Rivera satisfied with 

21    the level of oversight of this current program?  

22    And does this bill do anything to make the 

23    oversight better?  If you're dissatisfied with 

24    it.

25                 (Pause.)


                                                               8046

 1                 SENATOR RIVERA:   Through you, 

 2    Mr. President.  The bill does have language that 

 3    just insists that every hospital and every 

 4    financial -- every health institution in the 

 5    state has to follow federal law.  

 6                 And certainly if there's some more 

 7    oversight that needs to be done there, as I 

 8    mentioned earlier, we have -- whether it is HRSA, 

 9    which you mentioned earlier, whether -- and that, 

10    by the way, is the Health Resources and Services 

11    Administration, which is a state -- which is a 

12    federal entity that is responsible for oversight 

13    of all sorts of health programs.  This is one of 

14    them.  

15                 So whether they change the rules -- 

16    whether it's the IRS, which they have to file 

17    their taxes with as nonprofit organizations, or 

18    whether it is through the New York Attorney 

19    General, which can investigate them.  So I think 

20    that that's plenty of places where oversight can 

21    occur.

22                 Ultimately my concern, 

23    Mr. President, is for the fact that there 

24    institutions that serve vulnerable people in 

25    every corner of our state -- not just in the 


                                                               8047

 1    Bronx, not just in Queens, not just in Buffalo, 

 2    not just in upstate New York, but in every part 

 3    of our state.  And that the actions that the 

 4    pharmaceutical companies have taken have actually 

 5    made it harder for them to avail themselves of 

 6    that program.  

 7                 So that is what I'm ultimately 

 8    focused on and what the bill seeks to do.  

 9                 SENATOR GALLIVAN:   On the bill, 

10    Mr. President.

11                 ACTING PRESIDENT BAILEY:   

12    Senator Gallivan on the bill.

13                 SENATOR GALLIVAN:   I would like to 

14    thank Senator Rivera for taking the time to 

15    answer the questions.  

16                 And I very much appreciate his 

17    concern to ensure that the benefits of this very 

18    worthwhile program reach all the vulnerable 

19    people across the state.  We all should be 

20    concerned about that.  And so I very much 

21    appreciate that.

22                 I also, though, appreciate our 

23    responsibility to ensure tax dollars are spent 

24    properly, that we ensure proper oversight, to the 

25    extent that we can.  While this is a federal 


                                                               8048

 1    program, of course, you've got some 

 2    administration responsibility by the state.  

 3                 And I think the oversight of the 

 4    program is woefully inadequate.  It is not 

 5    transparent at all.  And I think working on a 

 6    bill to provide that better oversight, to provide 

 7    more transparency to ensure the proper use of the 

 8    program, proper implementation of the program, 

 9    will go much further in helping those that 

10    actually need it.

11                 Thank you, Mr. President.

12                 ACTING PRESIDENT BAILEY:   Thank 

13    you, Senator Gallivan.

14                 Senator Borrello, why do you rise? 

15                 SENATOR BORRELLO:   Mr. President, 

16    on the bill.

17                 ACTING PRESIDENT BAILEY:   Senator 

18    Borrello on the bill.

19                 SENATOR BORRELLO:   You know, I 

20    understand that this is a program that has 

21    provided needed funding to our hospitals.  

22                 But I also understand the reason 

23    that these hospitals need that funding is because 

24    of how our Medicaid program is so broken here in 

25    New York State.  Billions upon billions in 


                                                               8049

 1    unchecked fraud, waste and abuse that no one 

 2    apparently wants to address.  Medicaid 

 3    reimbursement rates that are well below the cost 

 4    of care.  A Medicaid program that allows 

 5    recipients to use the emergency room like it's 

 6    their primary care physician.  

 7                 And nothing in New York State has 

 8    been made better -- in fact, it's made worse.  

 9    With the exception of a handful of hospitals in 

10    New York City, every other hospital in New York 

11    State is not bleeding money, it's hemorrhaging 

12    money.  And that's because of a broken system 

13    that has been abused, unfortunately, and not 

14    fixed.

15                 So we've got an easy -- we've got an 

16    easy mark here, right?  Pharmaceutical companies.  

17    They can pay.  

18                 But there's no accountability.  

19    There's no transparency.  We really don't know 

20    where the money is going.  And truth be told, as 

21    much as even the poor rural hospitals that I 

22    represent utilize this program, it is being 

23    abused by big hospitals in big areas that are 

24    making a ton of money.  

25                 And meanwhile, we actually have 


                                                               8050

 1    people that could be using discounted 

 2    pharmaceuticals.  I know everyone wants to say, 

 3    No, no, no, don't worry about those folks that 

 4    are on Medicaid -- that's just not true.  I've 

 5    heard from so many facilities, people that 

 6    provide lifesaving transfusions, that these drugs 

 7    are needed at that discount to save people's 

 8    lives.  And there are people out there that don't 

 9    have insurance, that aren't on Medicaid, that are 

10    given lifesaving treatments thanks to these 

11    discounts.  

12                 So don't tell me this isn't for 

13    people who need the discounted drugs.  It is.  

14    It's been perverted and abused over the course of 

15    a couple of decades now.  And I understand, 

16    again, the need.  But let's fix the broken 

17    system.  Let's root out the billions of dollars 

18    in fraud, waste and abuse.  And let's clean up 

19    our Medicaid program here and provide proper 

20    funding to our hospitals so that these programs 

21    can move forward and benefit the people they're 

22    supposed to benefit.

23                 And that's why I'm voting no.

24                 Thank you.

25                 ACTING PRESIDENT BAILEY:   Thank 


                                                               8051

 1    you, Senator Borrello.

 2                 Senator Gianaris.

 3                 SENATOR GIANARIS:   Mr. President, 

 4    pursuant to Rule 5, without objection, I move 

 5    that we stay in session past the hour of 

 6    midnight.  

 7                 ACTING PRESIDENT BAILEY:   Without 

 8    objection, so ordered.

 9                 Are there any other Senators wishing 

10    to be heard?

11                 Seeing and hearing none, debate is 

12    closed.  

13                 The Secretary will ring the bell.

14                 Senator Gianaris.

15                 SENATOR GIANARIS:   Mr. President, 

16    we have agreed to restore this bill to the 

17    noncontroversial calendar.  

18                 ACTING PRESIDENT BAILEY:   On 

19    consent, the bill is restored to the 

20    noncontroversial calendar.

21                 Read the last section.

22                 THE SECRETARY:   Section 4.  This 

23    act shall take immediately.  

24                 ACTING PRESIDENT BAILEY:   Call the 

25    roll.


                                                               8052

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT BAILEY:   Senator 

 3    Rivera to explain his vote.

 4                 SENATOR RIVERA:   Thank you, 

 5    Mr. President.  And I thank my colleague for the 

 6    conversation.

 7                 I am still very confused about you 

 8    all voting no.  I am very confused, for example, 

 9    by my colleague that just explained his vote at 

10    the end, because I agree with him.  We seem to 

11    agree with each other, Mr. President.  It is 

12    true.  

13                 And I have been, for my entire 

14    tenure here -- certainly in my tenure as the 

15    chair of the Health Committee, I've consistently 

16    talked about the fact that we do not have a 

17    long-term plan as far as Medicaid, as far as 

18    strengthening the system that serves our most 

19    vulnerable.  That in every corner of our state, 

20    in Senator Borrello's district, whether it's 

21    Finger Lakes Community Center, whether it's 

22    Chautauqua Health Center, Universal Primary Care, 

23    Oak Orchard Community Health Center -- each one 

24    of these is a Federally Qualified Health Center 

25    that serves poor working-class folks in his 


                                                               8053

 1    district.  

 2                 And there's a list like this in 

 3    every single one of our districts, Mr. President.  

 4                 And yet we're saying that the 

 5    actions that are being taken by multinational 

 6    billionaire, you know, make a profit-making 

 7    machines of the pharmaceutical companies are 

 8    doing things with this program that actually 

 9    restricts the ability of these institutions to be 

10    able to take -- to be able to get the savings as 

11    the program was designed, to provide 

12    uncompensated care to those underinsured or 

13    uninsured people in our state, to provide support 

14    for behavioral health crises, to provide for 

15    vaccination programs.  Yes, to provide discounted 

16    drugs for people.  This is what the program is 

17    for.

18                 So the idea that you're voting no 

19    when this is to protect that program is very 

20    perplexing to me.  But, you know, it is what it 

21    is.  Folks can vote what they wish.  

22                 The bottom line for me, this is -- 

23    it's an important bill.  I am very glad -- I 

24    should say quickly, Mr. President, that I'm 

25    thankful to Leader Andrea Stewart-Cousins for 


                                                               8054

 1    allowing this conversation to come to the floor.  

 2    Because the reality is that, again, in the time 

 3    that I've been in the Senate, certainly the time 

 4    that I've been the chair of the Health Committee, 

 5    every -- basically I can talk about all sorts of 

 6    times when colleagues of mine have come with 

 7    concerns about institutions in their backyard.  

 8    And I have tried to do what I can to be helpful 

 9    to them.  

10                 The reality is that we have to 

11    definitely do a redesign on the entire system, 

12    and I'm certainly committed to that.  But the 

13    notion that we would not try to protect what we 

14    have available to us so that institutions that 

15    protect the most vulnerable can continue to 

16    operate, it's -- I am glad that this is coming to 

17    the floor.  I am hopeful that we can make it a 

18    reality and turn it into a law.  

19                 And I will be proudly voting in the 

20    affirmative.  Thank you, Mr. President.

21                 ACTING PRESIDENT BAILEY:   Senator 

22    Rivera to be recorded in the affirmative.

23                 Announce the results.

24                 THE SECRETARY:   In relation to 

25    Calendar 595, voting in the negative are 


                                                               8055

 1    Senators Borrello, Canzoneri-Fitzpatrick, Chan, 

 2    Gallivan, Griffo, Lanza, O'Mara, Ortt, Rolison, 

 3    Tedisco, Weber and Weik. 

 4                 Ayes, 48.  Nays, 12.

 5                 ACTING PRESIDENT BAILEY:   The bill 

 6    is passed.

 7                 There's a substitution at the desk.  

 8                 The Secretary will read.

 9                 THE SECRETARY:   Senator May moves 

10    to discharge, from the Committee on Rules, 

11    Assembly Bill Number 9349B and substitute it for 

12    the identical Senate Bill 8623B, Third Reading 

13    Calendar 835.

14                 ACTING PRESIDENT BAILEY:   

15    Substitution so ordered.

16                 The Secretary will read.

17                 THE SECRETARY:   Calendar Number 

18    835, Assembly Bill Number 9349B, by 

19    Assemblymember Torres, an act to amend the 

20    General Business Law.

21                 ACTING PRESIDENT BAILEY:   Senator 

22    Canzoneri-Fitzpatrick, why do you rise? 

23                 SENATOR CANZONERI-FITZPATRICK:  

24    Mr. President, I'm wondering if the sponsor would 

25    yield for a few questions.


                                                               8056

 1                 ACTING PRESIDENT BAILEY:   Will the 

 2    sponsor yield?

 3                 SENATOR MAY:   I'd be glad to.

 4                 ACTING PRESIDENT BAILEY:   The 

 5    sponsor yields.

 6                 SENATOR CANZONERI-FITZPATRICK:   

 7    Through you, Mr. President.  Thank you, 

 8    Senator May, for yielding.  

 9                 Reading Section 2 of the bill, on 

10    page 4, it's sort of to me the guts of what this 

11    is trying to do.  And it says that no entity, 

12    service provider shall set or adjust the 

13    reference price or consumer price of a good or 

14    service using surveillance pricing directly or 

15    indirectly to a consumer.

16                 Now, reading that, to me, it means 

17    that you can't increase prices, you can't 

18    decrease prices.  Is that correct?

19                 SENATOR MAY:   Through you, 

20    Mr. President.  The bill prevents the use of 

21    personal data for setting prices, individualized 

22    prices for a consumer.  So that would be going up 

23    or going down, yes.

24                 SENATOR CANZONERI-FITZPATRICK:   

25    Through you, Mr. President, will the sponsor 


                                                               8057

 1    continue to yield.  

 2                 ACTING PRESIDENT BAILEY:   Does the 

 3    sponsor yield?

 4                 SENATOR MAY:   I do.

 5                 ACTING PRESIDENT BAILEY:   The 

 6    sponsor yields.

 7                 SENATOR CANZONERI-FITZPATRICK:   So 

 8    looking also at this section that I just quoted 

 9    to you, if a company wants to use surveillance 

10    pricing to decrease a price to someone that, say, 

11    purchases an item over and over again, is that 

12    permitted under this bill?

13                 SENATOR MAY:   Through you, 

14    Mr. President.  Yes, in certain cases, if -- they 

15    can use purchase history as a reason for offering 

16    a discount.  Yeah, I'll stop there.  Yes.

17                 SENATOR CANZONERI-FITZPATRICK:   

18    Through you, Mr. President, will the sponsor 

19    continue to yield.

20                 ACTING PRESIDENT BAILEY:   Will the 

21    sponsor yield?

22                 SENATOR MAY:   Yes.

23                 ACTING PRESIDENT BAILEY:   The 

24    sponsor yields.  

25                 SENATOR CANZONERI-FITZPATRICK:   So 


                                                               8058

 1    I believe your first answer said that we're not 

 2    allowed to increase or decrease prices using 

 3    surveillance prices.  So how is it that we could 

 4    possibly offer a discount using surveillance 

 5    pricing or my purchase history?  How do you 

 6    reconcile those two statements that you just 

 7    made?

 8                 SENATOR MAY:   Through you, 

 9    Mr. President.  The exceptions to the rule of 

10    using personal information are loyalty programs, 

11    if somebody has signed up for a -- some kind of a 

12    loyalty program, that those discounts can be 

13    employed.  

14                 Group discounts, if you identify 

15    yourself as a veteran or a senior or an expectant 

16    parent or something like that.

17                 And then purchase-history-based 

18    discounts are the third exception to this.  So 

19    someone who has already purchased an item, a 

20    retailer can offer a discount on the same item or 

21    a similar item or an item that's paired with it, 

22    like chips and salsa or something like that.

23                 SENATOR CANZONERI-FITZPATRICK:    

24    Mr. President, will the sponsor continue to 

25    yield.  


                                                               8059

 1                 ACTING PRESIDENT BAILEY:   Will the 

 2    sponsor yield?

 3                 SENATOR MAY:   I will.

 4                 ACTING PRESIDENT BAILEY:   The 

 5    sponsor yields.

 6                 SENATOR CANZONERI-FITZPATRICK:   So 

 7    through you, Mr. President, I would ask if you 

 8    could point to where in the statute it provides 

 9    those exceptions that you just described to me.

10                 SENATOR MAY:   On page 2, 

11    Sections (g) and (h) define the bona fide 

12    discount and bona fide custom discount.

13                 SENATOR CANZONERI-FITZPATRICK:   

14    Mr. President, will the sponsor continue to 

15    yield.

16                 ACTING PRESIDENT BAILEY:   Will the 

17    sponsor yield?

18                 SENATOR MAY:   I will.

19                 SENATOR CANZONERI-FITZPATRICK:   So 

20    my understanding is bona fide discounts can only 

21    be offered if you and I as consumers get the same 

22    exact discount.  Is that correct?

23                 SENATOR MAY:   Through you, 

24    Mr. President.  The same exact discount for the 

25    same reasons, yes.


                                                               8060

 1                 SENATOR CANZONERI-FITZPATRICK: 

 2    Through you, Mr. President, will the sponsor 

 3    continue to yield.

 4                 ACTING PRESIDENT BAILEY:   Will the 

 5    sponsor yield?

 6                 SENATOR MAY:   I do.

 7                 ACTING PRESIDENT BAILEY:   The 

 8    sponsor yields.  

 9                 SENATOR CANZONERI-FITZPATRICK:   So 

10    currently when I go into CVS and I buy certain 

11    brands of shampoo, my receipt will print out 

12    discounts to try to entice me to use that shampoo 

13    again, and it will say if you spend over $15, you 

14    get $5 off.  That's geared toward me because I 

15    bought that particular item.  Is that discount 

16    allowed under this statute?

17                 SENATOR MAY:   Through you, 

18    Mr. President, yes.  That is because of prior 

19    purchase history.

20                 SENATOR CANZONERI-FITZPATRICK:   

21    Through you, Mr. President, will the sponsor 

22    continue to yield.  

23                 ACTING PRESIDENT BAILEY:   Will the 

24    sponsor yield?

25                 SENATOR MAY:   I will.


                                                               8061

 1                 ACTING PRESIDENT BAILEY:   The 

 2    sponsor yields.  

 3                 SENATOR CANZONERI-FITZPATRICK:   So 

 4    how is purchase history different than 

 5    surveillance pricing?

 6                 SENATOR MAY:   Through you, 

 7    Mr. President.  Surveillance pricing is a range 

 8    of things.  They can mine all kinds of data from 

 9    your age and your zip code to the kind of 

10    computer you might be using or even whether your 

11    phone battery is dying -- a whole range of items 

12    of data that then allow them to try to figure out 

13    the maximum price they can get out of you.

14                 So it's not just your -- the actions 

15    that you have offered to the company by buying 

16    something from them, but it's all kinds of other 

17    information that they can get access to.

18                 SENATOR CANZONERI-FITZPATRICK:   

19    Through you, Mr. President, will the sponsor 

20    continue to yield.  

21                 ACTING PRESIDENT BAILEY:   Does the 

22    sponsor yield?

23                 SENATOR MAY:   I will.

24                 ACTING PRESIDENT BAILEY:   The 

25    sponsor yields.  


                                                               8062

 1                 SENATOR CANZONERI-FITZPATRICK:   So 

 2    looking at Section 2(d), where it says that no 

 3    entity or service provider shall offer a 

 4    bona fide customer discount unless such discount 

 5    is offered uniformly to any consumer who meets 

 6    the disclosed eligibility conditions or criteria.

 7                 When I read that, to me that 

 8    indicates that you are not permitted to get that 

 9    CVS discount based on the purchase history, as I 

10    just described to you, because it states that a 

11    discount has to be uniformly tailored -- I'm 

12    sorry, a discount uniformly tailored to an 

13    individual price history can't simultaneously 

14    exist with what you just -- what I just read.

15                 So I'm trying to understand, how do 

16    you reconcile those two statements?

17                 SENATOR MAY:   Through you, 

18    Mr. President.  Could I ask you please to tell me 

19    where you're looking?  Because there is, on 

20    page 3, a part about based solely on a consumer's 

21    prior purchase history.  That is in the language.  

22                 SENATOR CANZONERI-FITZPATRICK:   

23    Through you, Mr. President, will the sponsor 

24    continue to yield.

25                 ACTING PRESIDENT BAILEY:   Will the 


                                                               8063

 1    sponsor yield? 

 2                 SENATOR MAY:   I will.

 3                 ACTING PRESIDENT BAILEY:   The 

 4    sponsor yields.  

 5                 SENATOR CANZONERI-FITZPATRICK:   So 

 6    I was reading on page 2, Section 2(d).  

 7                 If you could refer me to the 

 8    carveout that you just mentioned, that would be 

 9    helpful.

10                 (Pause.)

11                 SENATOR MAY:   I'm sorry for the 

12    delay.  Would -- could I -- through you, 

13    Mr. President, could I ask you to repeat the 

14    question just one more time.

15                 SENATOR CANZONERI-FITZPATRICK:   

16    Sure.  When I read Section 2(d) it talks about 

17    the fact that we can't offer a bona fide custom 

18    discount unless such discount is offered 

19    uniformly to any consumer who meets the disclosed 

20    eligibility conditions or criteria.  

21                 So when I read that, to me that 

22    means that you must offer a discount that is 

23    uniform.  Anything uniquely tailored to my 

24    purchase history I believe is prohibited by that 

25    section.


                                                               8064

 1                 So what I'm trying to understand is 

 2    since you told me that the CVS discount that says 

 3    that I bought my shampoo and conditioner and 

 4    gives me a coupon, how is that permitted if under 

 5    this section it seems to be prohibited?

 6                 SENATOR MAY:   Through you, 

 7    Mr. President.  The fundamental idea here is that 

 8    anyone with the same profile deserves the same 

 9    discount.  So if two people have the same 

10    shopping behavior and discounts are being 

11    offered, they should be offered to them 

12    equivalently.  

13                 If they have different behavior, 

14    they might qualify for a large -- one might 

15    qualify for a larger discount.

16                 SENATOR CANZONERI-FITZPATRICK:   

17    Through you, Mr. President, will the sponsor 

18    continue to yield.

19                 ACTING PRESIDENT BAILEY:   Does the 

20    sponsor yield?

21                 SENATOR MAY:   I do.

22                 ACTING PRESIDENT BAILEY:   The 

23    sponsor yields.

24                 SENATOR CANZONERI-FITZPATRICK:   So 

25    for subscription services, if I, say, have a 


                                                               8065

 1    SiriusXM radio in my car and I don't want to pay 

 2    the full price and I call up and say I'm going to 

 3    cancel my service, and they turn around and say, 

 4    well, we'll give you a discount, we'll give it to 

 5    you for $5 or $6 a month.  

 6                 Is that type of discount permitted 

 7    under this statute?

 8                 SENATOR MAY:   Through you, 

 9    Mr. President.  Yes, that is acceptable, because 

10    it isn't using personal data.

11                 SENATOR CANZONERI-FITZPATRICK:   

12    Through you, Mr. President, will the sponsor 

13    continue to yield.

14                 ACTING PRESIDENT BAILEY:   Does the 

15    sponsor yield?

16                 SENATOR MAY:   I do.

17                 ACTING PRESIDENT BAILEY:   The 

18    sponsor yields.  

19                 SENATOR CANZONERI-FITZPATRICK:   Are 

20    you aware of the fact that there was a very 

21    similar bill to this offered in Colorado that was 

22    then vetoed by their governor?  Are you aware of 

23    that?  

24                 SENATOR MAY:   I am aware.  

25                 But I also should say it's not that 


                                                               8066

 1    similar, that we took carefully into account the 

 2    issues that came up with the Colorado bill in 

 3    drafting this bill.

 4                 SENATOR CANZONERI-FITZPATRICK:   

 5    Through you, Mr. President, will the sponsor 

 6    continue to yield?  

 7                 ACTING PRESIDENT BAILEY:   Will the 

 8    sponsor yield?

 9                 SENATOR MAY:   I will.

10                 ACTING PRESIDENT BAILEY:   The 

11    sponsor yields.

12                 SENATOR CANZONERI-FITZPATRICK:   So 

13    the Colorado veto message from the governor 

14    specifically cites the fact that instead of 

15    specifically defining and targeting unethical 

16    conduct and practices, that their bill took a 

17    very broad approach to capture any technology 

18    that incidentally influences a price amount.  And 

19    it was the discount lost that was specifically 

20    objectionable.  

21                 And I'm not sure if you're also 

22    aware that Connecticut prohibits the algorithm 

23    pricing, specifically exempting discounts.  And 

24    also in Maryland, that their law limits it to 

25    price increases and price decreases are not 


                                                               8067

 1    covered by their statute.

 2                 So I know that we've discussed this 

 3    extensively in committee, and I've always 

 4    appreciated our dialogue.  But I'm wondering if 

 5    we could have done a better job on this by 

 6    targeting the increases and the bad actors and 

 7    leaving out the discounts and the price 

 8    reductions that we do get as benefits when a 

 9    consumer repeatedly buys a product.

10                 SENATOR MAY:   Through you, 

11    Mr. President.  I'm not sure if there was a 

12    question there, but I do want to say, first of 

13    all, I'm glad that other states are doing this.  

14                 Every state has a little bit of a 

15    different context.  And the fact is in Colorado 

16    they have a comprehensive data privacy law that 

17    their bill had to fit into, and it's one of the 

18    reasons why they've had to struggle with the 

19    implementation.  

20                 We have a different situation here 

21    in New York State, and so this bill was 

22    specifically targeted to the New York situation.

23                 I'm not sure if there was another 

24    question there.

25                 SENATOR CANZONERI-FITZPATRICK:   


                                                               8068

 1    Through you, Mr. President, will the sponsor 

 2    continue to yield?  

 3                 ACTING PRESIDENT BAILEY:   Will the 

 4    sponsor yield?

 5                 SENATOR MAY:   I will.

 6                 ACTING PRESIDENT BAILEY:   The 

 7    sponsor yields.  

 8                 SENATOR CANZONERI-FITZPATRICK:   So 

 9    I wonder if a person who buys sunscreen but 

10    doesn't live near the beach, would their discount 

11    that they're potentially offered, if it's 

12    different than the person who does live near the 

13    beach, is that permitted under this legislation?

14                 SENATOR MAY:   Through you, 

15    Mr. President, no.  That kind of geolocation data 

16    is part of the problem.  We find situations even 

17    where -- there was a situation at Target where 

18    they found that if you used the Target app from 

19    the parking lot as opposed to inside the store, 

20    you were being offered different prices because 

21    they are -- they have an algorithm that figures 

22    out where -- at which point in your journey you 

23    might pay the most for the item.  

24                 And I do want to come back to the 

25    question of discounts that you asked before, 


                                                               8069

 1    because the big issue here is that -- is that if 

 2    you have, you know, a hundred-dollar list price 

 3    for something but everybody's getting a discount, 

 4    so that the average price is $80, some people are 

 5    going to be getting more than the average and 

 6    some people are going to be getting less.

 7                 And the discount doesn't necessarily 

 8    mean that you're saving money, it just means you 

 9    might be saving more or less money than other 

10    people around you.  But it is -- but these 

11    targeted discounts where they're doing individual 

12    discounts for each person ends up driving the 

13    price higher for everyone.  

14                 And that is the issue that we're 

15    dealing with and the reason why we're doing this, 

16    is because those very specifically targeted uses 

17    of your personal data are being done.  And the 

18    reason there is so much lobbying against this 

19    bill is that it makes a lot of money for the 

20    companies if they can set the highest possible 

21    price.  They may call it a discount, but really 

22    what they're trying to do is get the highest 

23    possible price out of each person based on the 

24    data that they have.

25                 SENATOR CANZONERI-FITZPATRICK:   On 


                                                               8070

 1    the bill, Mr. President.

 2                 ACTING PRESIDENT BAILEY:   Senator 

 3    Canzoneri-Fitzpatrick on the bill.

 4                 SENATOR CANZONERI-FITZPATRICK:   

 5    Thank you, Senator May.  As I stated before, 

 6    we've been on the Consumer Protection Committee 

 7    and we've discussed this bill before.  I always 

 8    appreciate our interaction.

 9                 I do have a different interpretation 

10    of this bill.  And I have concerns.  First of 

11    all, Section 2(c) buried in this bill is a data 

12    privacy section -- I'm sorry, 2(d).  I think 

13    we're trying to protect personal data, which I 

14    don't disagree with, but it's buried in a 

15    consumer protection bill in a way that, you know, 

16    to come out at -- literally the last bill to be 

17    debated, it's a little concerning that we didn't 

18    have more time to discuss this.

19                 The bill, in my opinion, does three 

20    basic things.  It does a lot of good things, 

21    because it does try to make sure that our 

22    personal data isn't retained and shared and used 

23    for surveillance pricing.  And it's trying to 

24    make sure that we don't have bad actors.  

25                 But I do think that this bill does 


                                                               8071

 1    prevent personalized discounts based on our 

 2    purchase history.  I know there's a difference of 

 3    interpretation.  But based on what I'm reading, I 

 4    think we're going to have a lot of problems.  

 5                 I think that businesses that are 

 6    offering discounts to the person that comes into 

 7    the store often is a good thing.  And it is the 

 8    business's decision to offer those discounts.  

 9    It's not like we're twisting their arm to make 

10    sure that I keep going back to buy the same 

11    product.

12                 I think that in the time of 

13    affordability that we have all talked about, that 

14    putting our discount programs at risk is not a 

15    good thing.  It's not moving forward the ball of 

16    us all talking about making sure that life is 

17    more affordable for everybody.  

18                 I do think it's very powerful to 

19    look and see what other states are doing.  And, 

20    you know, when I read the governor's statement 

21    from Colorado, you know, that they said that, you 

22    know, these discounts are really important and 

23    that why can't we limit what we're doing to the 

24    bad actors who are trying to, you know, price 

25    gouge us.  That's not what I want.  Certainly 


                                                               8072

 1    that's not what I think anybody would want for 

 2    our New Yorkers.  

 3                 But I do think that, you know, 

 4    Maryland is on to something where they're saying 

 5    that, you know, we're going to only target those 

 6    who are trying to increase prices based on 

 7    surveillance information -- surveillance pricing, 

 8    and not necessarily wipe out all the discounts 

 9    that we can have.

10                 So, Mr. President, I have a lot of 

11    concerns about it.  Maybe we'll see a chapter 

12    amendment.  Maybe Senator May and I will both be 

13    back here next session and we can continue to 

14    work on this bill, because I don't think it's 

15    right the way it is.  

16                 And I will be voting in the 

17    negative.  Thank you.

18                 ACTING PRESIDENT BAILEY:   Thank 

19    you, Senator Canzoneri-Fitzpatrick.

20                 (Sternly.)  Senator Borrello, why do 

21    you rise? 

22                 (Laughter.)

23                 SENATOR BORRELLO:   Mr. President -- 

24                 (Laughter continues.)

25                 SENATOR BORRELLO:   I think I'm a 


                                                               8073

 1    glutton for punishment, Mr. President.  Will the 

 2    sponsor yield for a question?  

 3                 ACTING PRESIDENT BAILEY:   Senator 

 4    May, will you yield?  

 5                 SENATOR MAY:   Gladly.

 6                 ACTING PRESIDENT BAILEY:   The 

 7    sponsor yields.

 8                 SENATOR BORRELLO:   When I think of 

 9    surveillance pricing, which I thought about way 

10    too much in the last half hour, I don't think of 

11    banks.  I think of retail operations, you know, 

12    drugstores, you know, grocery stores.  

13                 Why are banks included in 

14    surveillance pricing legislation like this?

15                 (Pause.)

16                 SENATOR MAY:   Through you, 

17    Mr. President.  We're in a strange moment when a 

18    lot of different types of companies are also 

19    financial institutions.  So Target has a Target 

20    card, Amazon or Apple, they have their own cards.  

21    And so they count as financial institutions.  But 

22    they are the ones that -- really, you know, it's 

23    the behavior of companies like those that it's 

24    really what this bill is trying to get at.

25                 So we didn't exempt financial 


                                                               8074

 1    institutions, but we did say anything to do 

 2    with -- that involves creditworthiness is part -- 

 3    is not subject to the -- is not considered 

 4    surveillance pricing.  If you are -- if the bank 

 5    is giving you a loan or even a credit card based 

 6    on your credit history or other personal 

 7    information, that isn't proscribed here.  

 8                 But we didn't want to just give a 

 9    blanket exemption to every financial institution, 

10    because some of the biggest retailers are also 

11    financial institutions.

12                 SENATOR BORRELLO:   Mr. President, 

13    on the bill. 

14                 ACTING PRESIDENT BAILEY:  Senator 

15    Borrello on the bill.

16                 SENATOR BORRELLO:   I had a lot more 

17    questions, but I could see nobody else wants to 

18    hear them, so -- 

19                 (Laughter.)

20                 SENATOR BORRELLO:   I think what we 

21    have here is a bill that was just a big, you 

22    know, kind of scattershot, if you will.  

23                 And I understand what you're trying 

24    to accomplish.  But when you start restricting a 

25    financial institution's -- particularly a bank's 


                                                               8075

 1    ability to be able to ensure that they are making 

 2    a good decision, they're going to choose not to 

 3    make the decision in favor of the consumer.  So 

 4    what we're going to do here by not carving out 

 5    banks is restrict access to credit.  

 6                 And with that, Mr. President, I'm 

 7    done.  God bless you.  

 8                 (Laughter.)

 9                 ACTING PRESIDENT BAILEY:   God bless 

10    you, Senator Borrello.  

11                 (Laughter.)

12                 ACTING PRESIDENT BAILEY:   Are there 

13    any other Senators wishing to be heard?  

14                 Seeing and hearing none, debate is 

15    closed.  

16                 The Secretary will ring the bell.

17                 Senator Gianaris.

18                 SENATOR GIANARIS:   Mr. President, 

19    we've agreed to restore this bill to the 

20    noncontroversial calendar, please.  

21                 ACTING PRESIDENT BAILEY:   The bill 

22    will be restored to the noncontroversial calendar 

23    upon consent.  

24                 Read the last section.

25                 THE SECRETARY:   Section 3.  This 


                                                               8076

 1    act shall take effect on the 180th day after it 

 2    shall have become a law.

 3                 ACTING PRESIDENT BAILEY:   Call the 

 4    roll.  

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT BAILEY:   Senator 

 7    May to explain her vote and close.

 8                 SENATOR MAY:   Thank you, 

 9    Mr. President.

10                 If you go back about 160 years, 

11    shopping was a barter operation.  You would go 

12    into a store and you would haggle with the 

13    shopkeeper over a price.  And that was a 

14    situation that some people loved, but for a lot 

15    of people it was really difficult.  If you were 

16    new in town or you didn't speak the language very 

17    well or you had multiple children in tow or 

18    something like that, the chances that you would 

19    come out feeling that you'd gotten a fair price 

20    were pretty slim.  

21                 And then all of a sudden there was 

22    this amazing invention of the price tag, where 

23    people would go in a store and they would know 

24    what the price of the items was and they would 

25    know that everyone was getting the same price, 


                                                               8077

 1    and they felt like things were much more fair.  

 2    And it put some downward pressure on prices 

 3    because businesses had to compete with each 

 4    other.  And that was the state of affairs for a 

 5    very long time.

 6                 But now that we have this age of 

 7    Big Data and so much of our activity is online 

 8    and so much of that activity can be harvested for 

 9    decision-making by companies, all of a sudden we 

10    see this wild, wild West where everything has 

11    different prices all the time.  It's almost 

12    impossible to do comparison shopping because the 

13    prices are changing constantly.  

14                 And what we are finding is often it 

15    is done in a way that is really discriminatory 

16    and, once again, hardest on the people who are in 

17    a hurry, who are harried, who are struggling, 

18    whose phone is dying, who have some kind of thing 

19    that signals that this company can charge them a 

20    higher price.  

21                 And that is what we are trying to 

22    get at to make sure that people can have some 

23    sense that the prices that they are being charged 

24    are fair prices and are similar to the prices 

25    other people in their situation would be offered.  


                                                               8078

 1                 And so I am proud of all the work 

 2    that we've done, really grateful to the people 

 3    who worked so hard on this bill, and I proudly 

 4    vote aye.

 5                 ACTING PRESIDENT BAILEY:   Senator 

 6    May to be recorded in the affirmative.

 7                 Announce the results.

 8                 THE SECRETARY:   In relation to 

 9    Calendar 835, voting in the negative are 

10    Senators Ashby, Borrello, Canzoneri-Fitzpatrick, 

11    Chan, Gallivan, Griffo, Helming, Lanza, Martins, 

12    Mattera, Murray, O'Mara, Ortt, Palumbo, Rhoads, 

13    Rolison, Stec, Tedisco, Walczyk, Weber and Weik.

14                 Ayes, 39.  Nays, 21.

15                 ACTING PRESIDENT BAILEY:   The bill 

16    is passed.

17                 Senator Gianaris, that completes the 

18    reading of the controversial calendar.  

19                 SENATOR GIANARIS:   Mr. President, 

20    please recognize Senator Lanza for a motion.

21                 ACTING PRESIDENT BAILEY:   Senator 

22    Lanza.

23                 SENATOR GIANARIS:   For what reason, 

24    I don't know.  

25                 SENATOR LANZA:   Thank you, 


                                                               8079

 1    Senator Gianaris.  

 2                 Mr. President, I call up 

 3    Senator Helming's bill, Print No. 10182A, 

 4    recalled from the Assembly, which is now at the 

 5    desk.

 6                 ACTING PRESIDENT BAILEY:   The 

 7    Secretary will read.

 8                 THE SECRETARY:   Calendar Number 

 9    1256, Senate Print 10182A, by Senator Helming, an 

10    act to amend Chapter 117 of the Laws of 1983.

11                 SENATOR LANZA:   I now move to 

12    reconsider the vote by which the bill was passed.  

13                 ACTING PRESIDENT BAILEY:   Call the 

14    roll on reconsideration.  

15                 (The Secretary called the roll.)

16                 THE SECRETARY:   Ayes, 60.

17                 ACTING PRESIDENT BAILEY:   The bill 

18    is restored to its place on the Third Reading 

19    Calendar.

20                 SENATOR LANZA:   I now offer the 

21    following amendments.

22                 ACTING PRESIDENT BAILEY:   The 

23    amendments are received.  

24                 Senator Gianaris.

25                 SENATOR GIANARIS:   Mr. President, 


                                                               8080

 1    there are several privileged resolutions at the 

 2    desk.  Let's take those up, please.  

 3                 ACTING PRESIDENT BAILEY:   There are 

 4    privileged resolutions at the desk.  

 5                 The Secretary will read.

 6                 THE SECRETARY:   Resolution 2343, by 

 7    Senator Stewart-Cousins, amends a plan setting 

 8    forth an itemized list of grantees for a certain 

 9    appropriation for additional grants in aid for 

10    certain educational and not-for-profit 

11    institutions.

12                 ACTING PRESIDENT BAILEY:   The 

13    question is on the resolution.  

14                 Call the roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT BAILEY:   Announce 

17    the results.

18                 THE SECRETARY:   In relation to 

19    Resolution 2343, voting in the negative are 

20    Senators Borrello, Gallivan, Griffo, Helming, 

21    Lanza, O'Mara, Ortt, Rhoads, Stec, Walczyk and 

22    Weik.

23                 Ayes, 49.  Nays, 11.

24                 ACTING PRESIDENT BAILEY:   The 

25    resolution is adopted.


                                                               8081

 1                 THE SECRETARY:   Resolution 2344, by 

 2    Senator Stewart-Cousins, amends a plan setting 

 3    forth an itemized list of grantees for a certain 

 4    appropriation for the 2023-2024 fiscal year for 

 5    services and expenses of human services and 

 6    veterans community services organizations.

 7                 ACTING PRESIDENT BAILEY:   The 

 8    question is on the resolution.  

 9                 Call the roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT BAILEY:   Announce 

12    the results.  

13                 THE SECRETARY:   In relation to 

14    Resolution 2344, voting in the negative are 

15    Senators Borrello, Gallivan, Griffo, Helming, 

16    O'Mara, Ortt, Lanza, Stec and Walczyk.

17                 Ayes, 51.  Nays, 9.

18                 ACTING PRESIDENT BAILEY:   The 

19    resolution is adopted.

20                 THE SECRETARY:   Resolution 2345, by 

21    Senator Stewart-Cousins, amends a plan setting 

22    forth an itemized list of grantees for a certain 

23    appropriation for additional grants in aid for 

24    certain educational and not-for-profit 

25    institutions.


                                                               8082

 1                 ACTING PRESIDENT BAILEY:   The 

 2    question is on the resolution.  

 3                 Call the roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT BAILEY:   Announce 

 6    the results.  

 7                 THE SECRETARY:   In relation to 

 8    Resolution 2345, voting in the negative are 

 9    Senators Borrello, Gallivan, Griffo, Helming, 

10    Lanza, O'Mara, Ortt, Stec, Tedisco, Walczyk and 

11    Weik.

12                 Ayes, 49.  Nays, 11.

13                 ACTING PRESIDENT BAILEY:   The 

14    resolution is adopted.

15                 THE SECRETARY:   Resolution 2346, by 

16    Senator Stewart-Cousins, amends a plan setting 

17    forth an itemized list of grantees for certain 

18    appropriations for services and expenses of 

19    economic development and community services 

20    organizations.

21                 ACTING PRESIDENT BAILEY:   The 

22    question is on the resolution.  

23                 Call the roll.  

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT BAILEY:   Announce 


                                                               8083

 1    the results.

 2                 THE SECRETARY:   In relation to 

 3    Resolution 2346, voting in the negative are 

 4    Senators Borrello, Gallivan, Griffo, Helming, 

 5    Lanza, O'Mara, Ortt, Stec, Tedisco and Walczyk.

 6                 Ayes, 50.  Nays, 10.

 7                 ACTING PRESIDENT BAILEY:   The 

 8    resolution is adopted.

 9                 THE SECRETARY:   Resolution 2347, by 

10    Senator Stewart-Cousins, amends a plan setting 

11    forth an itemized list of grantees for a certain 

12    appropriation for aid for services and expenses 

13    of human services and veterans community services 

14    organizations.

15                 ACTING PRESIDENT BAILEY:   The 

16    question is on the resolution.  

17                 Call the roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT BAILEY:   Announce 

20    the results.

21                 THE SECRETARY:   In relation to 

22    Resolution 2347, voting in the negative are 

23    Senators Gallivan, Griffo, Helming, O'Mara, Ortt, 

24    Stec, Tedisco and Walczyk.

25                 Ayes, 52.  Nays, 8.


                                                               8084

 1                 ACTING PRESIDENT BAILEY:   The 

 2    resolution is adopted.

 3                 THE SECRETARY:   Resolution 2348, by 

 4    Senator Stewart-Cousins, amending a plan setting 

 5    forth an itemized list of grantees for a certain 

 6    appropriation for the 2025-2026 state fiscal 

 7    year.

 8                 ACTING PRESIDENT BAILEY:   The 

 9    question is on the resolution.  

10                 Call the roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT BAILEY:   Announce 

13    the results.

14                 THE SECRETARY:   In relation to 

15    Resolution 2348, voting in the negative are 

16    Senators Borrello, Gallivan, Griffo, Helming, 

17    Lanza, O'Mara, Ortt, Stec, Tedisco and Walczyk.  

18                 Ayes, 50.  Nays, 10.

19                 ACTING PRESIDENT BAILEY:   The 

20    resolution is adopted.

21                 THE SECRETARY:   Resolution 2349, by 

22    Senator Stewart-Cousins, amends a plan 

23    establishing an itemized list of grantees for 

24    2025-2026 providing community safety and 

25    restorative justice programs.


                                                               8085

 1                 ACTING PRESIDENT BAILEY:   The 

 2    question is on the resolution.  

 3                 Call the roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT BAILEY:   Announce 

 6    the results.

 7                 THE SECRETARY:   In relation to 

 8    Resolution 2349, voting in the negative are 

 9    Senators Borrello, Gallivan, Griffo, Helming, 

10    O'Mara, Ortt, Stec, Tedisco and Walczyk.  Also 

11    Senator Lanza.

12                 Ayes, 50.  Nays, 10.

13                 ACTING PRESIDENT BAILEY:   The 

14    resolution is adopted.

15                 THE SECRETARY:   Resolution 2350, by 

16    Senator Stewart-Cousins, amends a plan setting 

17    forth an itemized list of grantees for a certain 

18    appropriation for additional grants in aid for 

19    services and expenses of Senate priorities for 

20    housing initiatives.

21                 ACTING PRESIDENT BAILEY:   The 

22    question is on the resolution.  

23                 Call the roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT BAILEY:   Announce 


                                                               8086

 1    the results.

 2                 THE SECRETARY:   In relation to 

 3    Resolution 2350, voting in the negative are 

 4    Senators Borrello, Gallivan, Griffo, Helming, 

 5    Lanza, O'Mara, Ortt, Stec, Tedisco and Walczyk.

 6                 Ayes, 50.  Nays, 10.

 7                 ACTING PRESIDENT BAILEY:   The 

 8    resolution is adopted.

 9                 THE SECRETARY:   Resolution 2351, by 

10    Senator Stewart-Cousins, amends a plan setting 

11    forth an itemized list of grantees for certain 

12    appropriations for services and expenses of 

13    economic development and community services 

14    organizations.

15                 ACTING PRESIDENT BAILEY:   The 

16    question is on the resolution.  

17                 Call the roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT BAILEY:   Announce 

20    the results.

21                 THE SECRETARY:   In relation to 

22    Resolution 2351, voting in the negative are 

23    Senators Borrello, Gallivan, Griffo, Helming, 

24    Lanza, O'Mara, Ortt, Stec, Tedisco and Walczyk.

25                 Ayes, 50.  Nays, 10.  


                                                               8087

 1                 ACTING PRESIDENT BAILEY:   The 

 2    resolution is adopted.

 3                 THE SECRETARY:   Resolution 2352, by 

 4    Senator Stewart-Cousins, amends a plan setting 

 5    forth an itemized list of grantees for a certain 

 6    appropriation for additional grants in aid for 

 7    certain educational and not-for-profit 

 8    institutions.

 9                 ACTING PRESIDENT BAILEY:   The 

10    question is on the resolution.  

11                 Call the roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT BAILEY:   Announce 

14    the results.

15                 THE SECRETARY:   In relation to 

16    Resolution 2352, voting in the negative are 

17    Senators Gallivan, Griffo, Helming, O'Mara, Stec, 

18    Tedisco and Walczyk.

19                 Ayes, 53.  Nays, 7.

20                 ACTING PRESIDENT BAILEY:   The 

21    resolution is adopted.

22                 THE SECRETARY:   Resolution 2353, by 

23    Senator Stewart-Cousins, establishes a plan 

24    setting forth an itemized list of grantees for a 

25    certain appropriation for the 2025-2026 state 


                                                               8088

 1    fiscal year for services and expenses of human 

 2    services and veterans community services 

 3    organizations.

 4                 ACTING PRESIDENT BAILEY:   The 

 5    question is on the resolution.  

 6                 Call the roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT BAILEY:   Announce 

 9    the results.

10                 THE SECRETARY:   In relation to 

11    Resolution 2353, voting in the negative are 

12    Senators Borrello, Gallivan, Griffo, Helming, 

13    O'Mara, Ortt, Stec and Walczyk.

14                 Ayes, 52.  Nays, 8.

15                 ACTING PRESIDENT BAILEY:   The 

16    resolution is adopted.

17                 THE SECRETARY:   Resolution 2354, by 

18    Senator Stewart-Cousins, amends a plan 

19    establishing an itemized list of grantees for 

20    2025-2026 providing community public health 

21    programs and services.

22                 ACTING PRESIDENT BAILEY:   The 

23    question is on the resolution.  

24                 Call the roll.

25                 (The Secretary called the roll.)


                                                               8089

 1                 ACTING PRESIDENT BAILEY:   Announce 

 2    the results.

 3                 THE SECRETARY:   In relation to 

 4    Resolution 2354, voting in the negative are 

 5    Senators Borrello, Gallivan, Griffo, Helming, 

 6    O'Mara, Ortt, Stec, Tedisco and Walczyk.

 7                 Ayes, 51.  Nays, 9.

 8                 ACTING PRESIDENT BAILEY:   The 

 9    resolution is adopted.

10                 THE SECRETARY:   Resolution 2355, by 

11    Senator Stewart-Cousins, establishes a plan 

12    setting forth an itemized list of grantees for a 

13    certain appropriation for the 2026-2027 state 

14    fiscal year.

15                 ACTING PRESIDENT BAILEY:   The 

16    question is on the resolution.  

17                 Call the roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT BAILEY:   Announce 

20    the results.

21                 THE SECRETARY:   In relation to 

22    Resolution 2355, voting in the negative are 

23    Senators Borrello, Gallivan, Helming, O'Mara, 

24    Stec, Tedisco and Walczyk.

25                 Ayes, 53.  Nays, 7.


                                                               8090

 1                 ACTING PRESIDENT BAILEY:   The 

 2    resolution is adopted.

 3                 THE SECRETARY:   Resolution 2356, by 

 4    Senator Stewart-Cousins, establishes a plan 

 5    setting forth an itemized list of grantees for a 

 6    certain appropriation for the 2026-2027 state 

 7    fiscal year.

 8                 ACTING PRESIDENT BAILEY:   The 

 9    question is on the resolution.  

10                 Call the roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT BAILEY:   Announce 

13    the results.

14                 THE SECRETARY:   In relation to 

15    Resolution 2356, voting in the negative are 

16    Senators Borrello, Gallivan, Griffo, Helming, 

17    O'Mara, Ortt, Stec, Tedisco and Walczyk.

18                 Ayes, 51.  Nays, 9.

19                 ACTING PRESIDENT BAILEY:   The 

20    resolution is adopted.

21                 THE SECRETARY:   Resolution 2357, by 

22    Senator Stewart-Cousins, establishes a plan 

23    setting forth an itemized list of grantees for a 

24    certain appropriation for the 2026-2027 state 

25    fiscal year.


                                                               8091

 1                 ACTING PRESIDENT BAILEY:   The 

 2    question is on the resolution.  

 3                 Call the roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT BAILEY:   Announce 

 6    the results.

 7                 THE SECRETARY:   In relation to 

 8    Resolution 2357, voting in the negative are 

 9    Senators Borrello, Gallivan, Griffo, Helming, 

10    Lanza, O'Mara, Ortt, Stec, Tedisco and Walczyk.

11                 Ayes, 50.  Nays, 10.

12                 ACTING PRESIDENT BAILEY:   The 

13    resolution is adopted.

14                 THE SECRETARY:   Resolution 2358, by 

15    Senator Stewart-Cousins, establishes a plan 

16    setting forth an itemized list of grantees for 

17    2026-2027 providing public protection and 

18    economic development programs.

19                 ACTING PRESIDENT BAILEY:   The 

20    question is on the resolution.  

21                 Call the roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT BAILEY:   Announce 

24    the results.

25                 THE SECRETARY:   In relation to 


                                                               8092

 1    Resolution 2358, voting in the negative are 

 2    Senators Borrello, Gallivan, Griffo, Helming, 

 3    Lanza, O'Mara, Ortt, Stec, Tedisco and Walczyk.

 4                 Ayes, 50.  Nays, 10.

 5                 ACTING PRESIDENT BAILEY:   The 

 6    resolution is adopted.

 7                 THE SECRETARY:   Resolution 2359, by 

 8    Senator Stewart-Cousins, establishes a plan 

 9    setting forth an itemized list of grantees for 

10    2026-2027 providing public health and mental 

11    health programs.

12                 ACTING PRESIDENT BAILEY:   The 

13    question is on the resolution.  

14                 Call the roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT BAILEY:   Announce 

17    the results.

18                 THE SECRETARY:   In relation to  

19    Resolution 2359, voting in the negative are 

20    Senators Borrello, Gallivan, Griffo, Lanza, 

21    O'Mara, Ortt, Stec, Tedisco and Walczyk.  Also 

22    Senator Helming.

23                 Ayes, 50.  Nays, 10.

24                 ACTING PRESIDENT BAILEY:   The 

25    resolution is adopted.


                                                               8093

 1                 Senator Gianaris.

 2                 SENATOR GIANARIS:   Mr. President, 

 3    the sponsors of all of today's resolutions would 

 4    like to open them for cosponsorship.

 5                 ACTING PRESIDENT BAILEY:   All 

 6    resolutions are open for cosponsorship.  Should 

 7    you choose not to be a cosponsor, please notify 

 8    the desk.

 9                 Senator Gianaris.

10                 SENATOR GIANARIS:   I move to 

11    recommit the calendar to the Rules Committee.

12                 ACTING PRESIDENT BAILEY:   So 

13    ordered.

14                 SENATOR GIANARIS:   At this point 

15    let's stand at ease while we await the leader.  

16                 ACTING PRESIDENT BAILEY:   The 

17    Senate will stand at ease.

18                 (Whereupon, the Senate stood at ease 

19    at 12:45 a.m.)

20                 (Whereupon, the Senate reconvened at 

21    12:48 a.m.)

22                 ACTING PRESIDENT BAILEY:   The 

23    Senate will return to order.

24                 Senator Gianaris.

25                 SENATOR GIANARIS:   Mr. President, 


                                                               8094

 1    please recognize Minority Leader Ortt.  

 2                 ACTING PRESIDENT BAILEY:   Minority 

 3    Leader Ortt.

 4                 SENATOR ORTT:   Good morning.  

 5                 (Laughter.)

 6                 (Responses:  "Good morning.")

 7                 SENATOR ORTT:   It almost seems like 

 8    I was just here talking.  I'm sure it seems that 

 9    way to all of you.  And this speech will be a 

10    little bit shorter.

11                 (Cheers; applause.)

12                 SENATOR ORTT:   I said a little bit.  

13                 (Laughter.)

14                 SENATOR ORTT:   Don't get too 

15    excited now.  

16                 But yeah, it is strange to have been 

17    budget remarks last week, and now deja vu, here 

18    we are at the end of session.  

19                 But it is the end of session.  Every 

20    year -- you know, this is not a normal place.  

21    And I think we can all agree on that.  When I 

22    talk to my wife or my family, even constituents 

23    who, you know, they don't come here but they 

24    might have a bill that they might be interested 

25    in or they might be asking about, when you try to 


                                                               8095

 1    explain how things happen here, or why they 

 2    happen, it's like describing -- what it must have 

 3    been like for Neil Armstrong to describe to 

 4    somebody what the moon was like.  It just -- it's 

 5    just -- unless you were there, it's really hard 

 6    to explain to people how this place goes.  

 7                 But we all certainly know.  And so 

 8    we are bonded by that shared experience.  This 

 9    year, obviously, with the budget being so late 

10    and the end of session being crunched into what 

11    effectively was a week.

12                 But to borrow sort of a phrase from 

13    the Majority Leader, it's nice to actually be at 

14    the end of the end.  Right?  

15                 So I want to thank Majority Leader 

16    Stewart-Cousins.  Obviously we lead two 

17    conferences that don't always agree on policy or 

18    the direction of the state on the big-ticket 

19    items.  But we do agree on the value of what each 

20    and every one of us do in this chamber, and on 

21    the value and the importance of public service 

22    and the role of the State Senate in leading the 

23    state.  

24                 And so I want to thank her for 

25    leading her conference, for working and 


                                                               8096

 1    conversing with me on sometimes thorny issues.  

 2    We're not always on the floor here as leaders, 

 3    but I appreciate her -- again, her partnership 

 4    and her responsiveness.  

 5                 I do want to thank my deputy, 

 6    Senator Andrew Lanza.  

 7                 (Applause.)

 8                 SENATOR ORTT:   So he came out this 

 9    morning in his seersucker suit.  Now, usually 

10    that means we're close.  But as I told him, that 

11    is the last-day suit.  So if tomorrow's the last 

12    day, he's got to wear that suit again tomorrow.  

13                 (Laughter.)

14                 SENATOR ORTT:   And there's been 

15    years where that suit has gone about 48 hours, 

16    maybe longer.  But luckily we're going to get out 

17    of here in about 24.  

18                 But I want to thank Senator Lanza.  

19    It is a tough role, no doubt.  The leader knows 

20    this for her deputy.  It is a tough spot, a tough 

21    spot, especially this time of year, with the 

22    amount of active lists, being out here, managing 

23    the floor.  There was a time, I said this week, I 

24    said, You know -- to my members -- you've got to 

25    understand, Senator Lanza sometimes is on the 


                                                               8097

 1    floor, he's got Senator Gianaris over here asking 

 2    him what's going on, they're going 

 3    back-and-forth, and he's got me on the phone over 

 4    here.  It's almost like the angel and the devil, 

 5    right, on each shoulder.  You can decide who's 

 6    who.

 7                 (Laughter.)

 8                 SENATOR ORTT:   You can decide who's 

 9    who.

10                 But it is a tough spot to be in, 

11    because you're managing what -- a relationship 

12    with one side, and you're managing your members.  

13    And I very much appreciate his friendship.  I 

14    appreciate his leadership, his partnership.  And 

15    we would not be able to get here as smoothly 

16    without him.  

17                 So thank you very much, my friend.  

18    I appreciate it.

19                 (Applause.)

20                 SENATOR ORTT:   A lot has been said, 

21    certainly, about Senator Gianaris.  I know this 

22    is his last night here.  So it is my goal to of 

23    course add to it a little bit if I can.  

24                 But I want to thank him for his 

25    service, and I want to tell a quick little story.  


                                                               8098

 1    So when Rob Ortt was a freshman Senator and I sat 

 2    right where Senator Martinez {sic} sits right 

 3    now -- which of course is the last seat over 

 4    there.  You're just almost out in the hallway 

 5    there, right?  But you're in.  You're in the 

 6    chamber.  

 7                 And when you're a new Senator, just 

 8    like now, very often your first bill is sort of 

 9    a -- you know, it's not earth-shattering 

10    legislation, but it's your first bill.  A big 

11    deal.  And it usually sails through, fairly non 

12    controversially, maybe unanimously.  

13                 And after it's passed, usually the 

14    floor leader of whatever conference will stand up 

15    say, That's Senator So-and-so's first bill.  And 

16    everyone applauds, right?  And it's a neat 

17    feeling.  Which is exactly what I expected to 

18    happen for my first bill.  But it did not.  My 

19    first bill was laid aside.

20                 (Laughter.)

21                 SENATOR ORTT:  My first bill.  Maybe 

22    it was a premonition.  But it was laid aside by 

23    none other than the -- at the time, the floor 

24    leader of the Minority, Senator Gianaris.  It was 

25    on Flag Day.  That's what the topic was.  We were 


                                                               8099

 1    cleaning up -- for some reason the New York State 

 2    law said Flag Day was June 12th, and of course 

 3    federal law is June 14th.  I don't know, I was 

 4    new, I inherited the bill from somebody else.  We 

 5    were passing it.  But Senator Gianaris wanted to 

 6    ask me a few questions.  

 7                 And so we danced.  And like so many 

 8    things, I was right, and it had to be changed.  

 9    And we passed it the next day unanimously, but 

10    after that debate.  But after debate, that was my 

11    first sort of interaction and real face-to-face 

12    with Senator Mike Gianaris.  And I can tell you, 

13    from that first impression, not much has changed, 

14    so ...

15                 (Laughter.)

16                 SENATOR ORTT:   But I appreciated 

17    the debate.  

18                 And Senator Gianaris, while I can't 

19    say that I will miss you, I do wish you well, and 

20    your family, and whatever your future holds.

21                 (Applause.)

22                 SENATOR ORTT:   So to our members 

23    who are leaving, I know you all had a chance to 

24    speak -- and I really appreciated that, by the 

25    way, Leader.  I don't remember that always 


                                                               8100

 1    happening, like over the years, but that was 

 2    great.  That was a great thing.  

 3                 To the three members who are 

 4    leaving, you know, every conference is, aside 

 5    from the number of Republicans or Democrats, 

 6    you're colored by the personalities of the people 

 7    who are here.  And the different skill sets and 

 8    the different talents and the different 

 9    background and experiences.  And the communities 

10    you represent.  

11                 And to the three members, 

12    Senator Oberacker, Senator Weik, Senator Martins, 

13    our conference will miss you.  I think your 

14    districts and the state will miss you.  But the 

15    great thing about this chamber, while you have 

16    contributed to it, as we all know, it will go on 

17    stronger because of your service.  And you get to 

18    write a piece of history which we're all 

19    fortunate to be a part of.

20                 So thank you for your service to 

21    your communities, to our state, and to our 

22    conference.

23                 (Applause.)

24                 SENATOR ORTT:   To my staff, my 

25    great staff, I want to thank -- in particular I 


                                                               8101

 1    do want to start off, Peter Drao -- where's 

 2    Peter?  Is he out here?  Maybe he's sleeping, 

 3    poor guy.  

 4                 Peter Drao got thrown into the fire 

 5    as the Republican finance secretary, finance 

 6    person, because our previous finance person left, 

 7    you know, sort of during -- well, I guess at the 

 8    time I thought it was terrible timing, but he 

 9    actually left on April 10th, which as it turned 

10    out was months before the budget was passed.

11                 (Laughter.)

12                 SENATOR ORTT:   So it gave us plenty 

13    of time.  I was very concerned at the time he 

14    left, but Peter got thrown in there and did a 

15    great job and has worked with Chris on the 

16    Majority side.  

17                 And again, that relationship is very 

18    important certainly for the Minority Conference, 

19    the Republican Conference, and Peter did a 

20    fantastic job.  And really I don't think we 

21    missed a beat.  So I want to thank Peter for his 

22    efforts.

23                 (Applause.)

24                 SENATOR ORTT:   I want to thank 

25    Chandler Frontero and Ryan Mulson for being on 


                                                               8102

 1    the floor for many, many hours, seated very close 

 2    to Senator Lanza, and dealing with all that comes 

 3    with that.  

 4                 I do want to thank my chief counsel, 

 5    Ben Kosinski.  This is his first full session as 

 6    chief counsel, so I do want to recognize that.  

 7                 And I'll just close -- see, I told 

 8    you it would be shorter.  Between the budget and 

 9    this last week, it is certainly the -- my belief, 

10    and I know the belief of our members, that a lot 

11    of these stated goals at the beginning of 

12    session, from the Governor on down, about 

13    affordability and energy rates and creating jobs 

14    and lowering costs, there's not a ton, if 

15    anything, that we -- that I saw that addresses 

16    any of that.  

17                 I know there will be things that are  

18    going to be stated that they're going to address 

19    those things, but there's certainly very little 

20    evidence to back that up.  As a matter of fact, 

21    in the last couple of days, you know, we focused 

22    on our problems -- i.e., political problems.  

23                 People in New York State were not 

24    crying out for more gerrymandering.  The people 

25    of New York State were not crying out for new 


                                                               8103

 1    judicial districts.  Those are political 

 2    solutions to maybe political problems, at least 

 3    for one party.  But that's not going to make 

 4    people's lives better in this state.  It might 

 5    make some people in this room's lives better, but 

 6    not their constituents, not the people of 

 7    New York State.  

 8                 It's not going to lower anyone's 

 9    energy costs.  It's not going to lower their 

10    taxes.  In fact, I would argue if they get the 

11    result they want, it will increase people's 

12    taxes.  It will increase people's energy rates.  

13    It will increase the cost to live here.

14                 There are -- and there was a lot of 

15    discussion about that on the floor here, and I 

16    watched some of it.  And, lookit, it's politics.  

17    And I can appreciate on some level my colleagues 

18    who didn't shy away from it's just brass-knuckle 

19    politics.  But that is not what is going to 

20    improve the lives of people in the state.

21                 We removed checks and balances.  We 

22    removed -- what I always look at is -- we talk so 

23    much about institutions, the institution of the 

24    Senate.  There's a lot of institutions that have 

25    been built up over a long time in our country and 


                                                               8104

 1    in our state.  And those institutions 

 2    figuratively, just like institutions or buildings 

 3    literally, they have lodestones, they have 

 4    load-bearing walls that hold those things up.  

 5    And if you remove them, you weaken the structural 

 6    integrity of that building.  

 7                 When we remove checks and balances, 

 8    we are weakening the structural integrity of our 

 9    institutions.  And that's what we did this week 

10    here in New York State.  Somewhere -- I don't 

11    know if he's still alive or not, but somewhere 

12    Harry Reid, they got rid of the 60 votes to 

13    appoint a Supreme Court justice.  I'm sure my 

14    colleagues across the aisle would tell you it 

15    didn't work out the way Harry Reid thought it 

16    would.  

17                 Sometimes these things do not work 

18    out the way we think, and sometimes, whether it 

19    redounds to the benefit of one party or another, 

20    I do not think it redounds to the benefit of the 

21    people, whether it's of New York State or of the 

22    United States.  And that's what I think we did 

23    tonight, we did today and yesterday.  We did not 

24    strengthen our democratic institutions here in 

25    New York, we weakened them.  And we did so for 


                                                               8105

 1    politics.  And that was said many, many times.  

 2                 We decided that changing terms like 

 3    "mother" and "father" in the law, that was going 

 4    to make people's lives better here in New York.  

 5    It just seems like a misplaced sense of 

 6    priorities.  

 7                 And when we leave here, everyone in 

 8    this chamber is going to talk about what happened 

 9    here and what didn't happen here.  And we're all 

10    going to spend the next six months or, for some 

11    of my colleagues, the next few weeks campaigning 

12    and being in our districts and talking to our 

13    constituents about what happened here, whether 

14    you think it's great or not so great.  Whether 

15    you think it's going to make people's lives 

16    better or not.  

17                 And we're going to talk about what 

18    didn't occur.  The missed opportunities, the 

19    things we didn't tackle and didn't address, for 

20    whatever reason.  And there are always things 

21    that don't get done.  There are always things 

22    that don't get done.  

23                 But the people of this state are 

24    counting on us to get these things done.  And 

25    there are many of my constituents -- over the 


                                                               8106

 1    years I have seen the decline in population.  

 2    Many of my colleagues, and even some of my 

 3    colleagues across the aisle, and certainly as a 

 4    state we've seen the loss of people.  People 

 5    ultimately vote with their feet, as the old 

 6    saying goes.  

 7                 And I don't think we did anything, I 

 8    don't think we did anything, Mr. President, to 

 9    try and keep folks on the edge, people who are 

10    deciding whether their future is in New York, 

11    whether they can afford for their future to be in 

12    New York.  

13                 Businesses, a lot of anti-business 

14    bills here.  Now, some people at home might 

15    think, what do I care?  I don't own a business.  

16    No, you don't.  But that business provides jobs 

17    that provide income for people to provide a roof 

18    over their family's head, to put food on the 

19    table, to put gas in the car, to save a little 

20    for college.  

21                 And every time we do things -- and I 

22    don't know how it affects -- you know, I know the 

23    City of New York is a very different place.  And 

24    I know certain laws of economics do not apply as 

25    equally to the City of New York as they do to the 


                                                               8107

 1    rest of state, certainly upstate New York.  I'll 

 2    say Western New York.  

 3                 And I don't see anything we did 

 4    that's in the benefit of certainly 

 5    Western New York this week, I can tell you that 

 6    for damn sure.

 7                 And so it's disappointing, but now 

 8    the real work begins.  We're going to be back 

 9    home with our constituents, the people who send 

10    us here, and we have to answer to them for what 

11    went on here and what didn't go on here.  And we 

12    have to articulate why we voted the way we did.  

13                 And I will conclude by saying that 

14    actually makes me thrilled because, you know, as 

15    some of my colleagues who are leaving -- everyone 

16    talked, Senator Kavanagh -- everyone talked about 

17    their family -- Senator Gianaris -- talked about 

18    their family.  And that's interesting to me, and 

19    it's not accidental and it's not just like 

20    cliche.  

21                 We all say we're fighting for 

22    New York.  And for a lot of us -- I'm sure the 

23    leader, myself -- I travel around the state.  

24    I've been in many of -- if not all of your 

25    districts (indicating Republicans), and I've been 


                                                               8108

 1    in some of your districts (indicating Democrats).  

 2    And it's a beautiful state.  I really love every 

 3    part of it.  But I don't know every part of it.  

 4    I don't wake up in the morning -- you know, I 

 5    don't live in Manhattan, so I don't wake up every 

 6    morning thinking I'm going to fight for Manhattan 

 7    because I don't live there, I don't known anyone 

 8    there.  Those aren't my neighbors.  

 9                 You get up and fight for your 

10    constituents, and if you drill it down, you're 

11    fighting for your family and your friends and 

12    your neighbors and the people that you do know, 

13    and that you extrapolate out are probably not 

14    dissimilar from the people that you represent.  

15    And they probably have the same dreams and hopes 

16    and frustrations as the people that you know.  

17    And you hope to come here and bottle that and 

18    channel that into positive changes -- and in our 

19    case, in trying to stop things that we believe 

20    are going to harm those people.  

21                 And after the next few months, maybe 

22    the few weeks, some people will not come back 

23    next year by choice.  Some people will not come 

24    back by the choice of the voters of New York.  

25    But this body will return, slightly different, 


                                                               8109

 1    but with the same task, with the same obligation 

 2    to make the people of this state's lives better, 

 3    more affordable, more free, safer, and to put 

 4    this state on the right track.  

 5                 And I hope the next legislature will 

 6    do a better job than this one.

 7                 Mr. President, I thank you.  

 8                 To my colleagues in our conference, 

 9    thank you for allowing me to lead you through 

10    another session.  

11                 To my colleagues across the aisle, 

12    thank you for giving me the chance to be the 

13    loyal opposition to you for another session.  

14                 And I wish all of you have a great 

15    summer, a great fall, and I hope to see many of 

16    you, most of you, back here come January.  

17                 Thank you very much, Mr. President.  

18    God bless.

19                 (Standing ovation from Republicans.)

20                 ACTING PRESIDENT BAILEY:   Senator 

21    Gianaris.

22                 SENATOR GIANARIS:   At this time 

23    please recognize Majority Leader Andrea 

24    Stewart-Cousins.

25                 (Cheers; sustained applause.)


                                                               8110

 1                 ACTING PRESIDENT BAILEY:   Majority 

 2    Leader Andrea Stewart-Cousins.  

 3                 (Standing ovation.)

 4                 SENATOR STEWART-COUSINS:   So I'm 

 5    done now, right?  

 6                 (Laughter.)

 7                 SENATOR STEWART-COUSINS:   I think 

 8    that's what -- I think that's what that's all 

 9    about.  Because you know, when I tell you to 

10    trust the shaded boxes, you trust the shaded 

11    boxes.  

12                 And I really, you know, just want to 

13    do what Leader Ortt just did and begin by 

14    thanking all the amazing people who make sure 

15    that we do serve the people of New York State 

16    with our very best.  

17                 I certainly want to congratulate my 

18    colleagues in the Majority.  Relentless, 

19    tireless.  It was a tough, tough call, and nobody 

20    missed a beat.  And nobody took their eye off the 

21    ball.  You focused, and focused under 

22    extraordinary circumstances.  Liz, who certainly 

23    brought us through year after year of budget, was 

24    not here.  And everybody stood up and did what we 

25    had to do.


                                                               8111

 1                 She is fine.  She has been 

 2    participating virtually.  And we expect to see 

 3    Liz right back in her chair when we come back 

 4    next year.

 5                 (Sustained applause.)

 6                 SENATOR STEWART-COUSINS:   So I want 

 7    to start by thanking people who I don't usually 

 8    thank, my presiding officers.  Yup.

 9                 (Applause.)

10                 SENATOR STEWART-COUSINS:   So we 

11    have Senator Bailey, Senator Mayer, 

12    Senator Persaud, and Senator Cooney, who is 

13    celebrating the birth of his newborn son, Aidan.  

14                 (Applause.)

15                 SENATOR STEWART-COUSINS:   And 

16    again, thank you to the Minority Leader.  

17                 You know, we manage to always 

18    communicate back and forth because I think we all 

19    know that communication is the key.  And when we 

20    communicate and when you can, you know, take each 

21    other's word and know what you're dealing with, 

22    it's just a lot easier.  So thank you for your 

23    leadership.  

24                 And of course to Senator Lanza, 

25    thank you for being the intrepid floor leader.  


                                                               8112

 1    And I know you're going to miss your buddy.  

 2                 SENATOR LANZA:   I will.

 3                 SENATOR STEWART-COUSINS:   But 

 4    again, I'm sure whoever's sitting in this seat 

 5    will benefit from your knowledge and experience.

 6                 I want to thank my senior staff, my 

 7    team.  Where's J. Lang, Jonathan Lang?  

 8                 (Applause.)

 9                 SENATOR STEWART-COUSINS:   And 

10    where's Dorothy Powell?  There's Dorothy.

11                 (Applause.)

12                 SENATOR STEWART-COUSINS:   And, you 

13    know, you talked about your brand-new finance 

14    secretary.  I had a brand-new -- they both left 

15    at the same time, right?  

16                 But so my brand-new finance 

17    secretary, Chris Friend, did amazing work.  Oh, 

18    there you are.  

19                 (Applause.)

20                 SENATOR STEWART-COUSINS:   And a man 

21    whose birthday was yesterday, my comms director, 

22    Mike Murphy. 

23                 (Applause.)

24                 SENATOR STEWART-COUSINS:   And I 

25    want to shout out to Leah Goldman, our director 


                                                               8113

 1    of intergovernmental affairs.

 2                 (Applause.)

 3                 SENATOR STEWART-COUSINS:   And she 

 4    just came back after giving birth to a beautiful 

 5    baby girl, Sharlyn {ph}.

 6                 I say that I am the Majority Leader 

 7    that has seen more births than anyone before me, 

 8    I'm telling you.  It's wonderful because, you 

 9    know, it's always a source of delight to know 

10    that there's a new generation coming and, you 

11    know, if we do it right, they will continue in a 

12    way of some kind of service, and certainly public 

13    service is very, very noble.

14                 I also want to be able to thank my 

15    own staff, led by Jonathan Alvarenga.

16                 (Applause.)

17                 SENATOR STEWART-COUSINS:   Thank 

18    you.  Jonathan and my team, thank you.  

19                 They manage my life in ways that 

20    really, you know, all I have to do when I come 

21    here is worry about all of you.  So I do -- which 

22    I do.  So I appreciate, appreciate my staff 

23    incredibly.  

24                 And I do want to give a special 

25    thank you to the Secretary of the Senate, 


                                                               8114

 1    Alejandra Paulino -- 

 2                 (Applause.)

 3                 SENATOR STEWART-COUSINS:   -- and 

 4    her team.  

 5                 Thank you, Alejandra, for making 

 6    sure the chamber and all the other things that we 

 7    have to do really run so very smoothly.  

 8                 And let's give it up for Big Ben.

 9                 (Applause; cheers.)

10                 SENATOR STEWART-COUSINS:   And 

11    really all the Sergeants.  I think, you know, 

12    again, we feel safe, we feel looked after.  Our 

13    guests do too.  So thank you, Ben, all the 

14    Sergeants, for all that you do.  

15                 (To Senator Gianaris)  And of 

16    course, you know, we said goodbye to you already, 

17    but of course I will say it again.  

18                 It has been, you know, an honor of 

19    my lifetime to serve with you, to be a partner 

20    for so many years -- 13, to be exact.  

21                 And again, as I said, not only have 

22    you been a trusted advisor, and a steady hand, 

23    and just, you know, somebody who you could depend 

24    on wherever you were to do whatever needed to be 

25    done.  I really, really thank you.  


                                                               8115

 1                 I know you are going to have a great 

 2    next chapter.  But I thank you for all that 

 3    you've contributed to us every single day.  Thank 

 4    you so much.  

 5                 (Applause.)

 6                 SENATOR STEWART-COUSINS:   I always 

 7    tell him that he really is the best Senate Deputy 

 8    Majority Leader ever.  So, you know, I again 

 9    thank you for all your partnership.  

10                 And then you, Brian.  

11                 (Laughter.)

12                 SENATOR STEWART-COUSINS:   You know, 

13    I'm saying how do I get to sit between two 

14    departing members?  

15                 But again, Brian, thank you.  

16                 I think we had a chance, as you all 

17    probably did, to spend time telling Brian the 

18    impacts that he's made in our lives through his 

19    example, through the way he has been able to 

20    explain the minutest details with the utmost 

21    amount of patience and intellect.  And he'll 

22    break it down for you, he'll meet you wherever 

23    you are.  

24                 And the passion that he has around 

25    the things that he cares about -- which is just 


                                                               8116

 1    about everything.  So it is.  You know, he's one 

 2    of those incredible human beings.  

 3                 And so again, we wish you well.  We 

 4    will miss you.  But each of us are better because 

 5    of the service that you've given us -- exactly, 

 6    both of you.  So thank you so very much, Brian.

 7                 (Enthusiastic applause.)

 8                 SENATOR STEWART-COUSINS:   And I 

 9    also want to wish my friends departing on that 

10    side of the aisle -- Jack, you and I were here -- 

11    I called you a repeater because you came back, 

12    right?  

13                 But I remember those early days in 

14    Local Government, and it's a good -- I wish you 

15    well.  I'm sure if -- and you could come back 

16    again if you want, but --

17                 (Laughter.) 

18                 SENATOR GIANARIS:   No.

19                 SENATOR STEWART-COUSINS:   A 

20    three-peater.

21                 (Laughter.)

22                 SENATOR GIANARIS:   No.

23                 SENATOR STEWART-COUSINS:   Don't say 

24    no.  You're not going to be here.

25                 SENATOR GIANARIS:   I want a 


                                                               8117

 1    Democrat.  

 2                 (Laughter.)

 3                 SENATOR STEWART-COUSINS:   That's so 

 4    funny.  Well, not right now, you know.

 5                 (Laughter.)

 6                 SENATOR STEWART-COUSINS:   But to 

 7    you and to Senator Weik, thank you so much.  It 

 8    feels like you've been here longer than six 

 9    years.  When you said only six years, I was quite 

10    surprised.  

11                 But again, I know that your family 

12    will welcome you back because back we heard the 

13    options.  And the fact that you had the support 

14    so that you could come and be -- and really, you 

15    know, work for your constituents and the state, 

16    is to our benefit.  So I wish you very, very good 

17    luck.  

18                 And same thing -- did I leave out 

19    Senator Oberacker?  

20                 (Inaudible interjection; laughter.)

21                 SENATOR STEWART-COUSINS:   Okay.  I 

22    was going to thank him for the steak sauce, but 

23    okay.  

24                 (Laughter.)

25                 SENATOR STEWART-COUSINS:   Jeez, he 


                                                               8118

 1    didn't even wait.  

 2                 (Laughter.)

 3                 SENATOR STEWART-COUSINS:   Started 

 4    his new life already.

 5                 (Laughter.)

 6                 SENATOR STEWART-COUSINS:   But 

 7    anyway, I wish him well also.

 8                 So on to the remarks.  

 9                 Public service is not always easy.  

10    The issues before us are rarely simple, and the 

11    responsibility of finding solutions that improve 

12    the lives of New Yorkers is one we don't take 

13    lightly.  

14                 But throughout the session our 

15    conference remained focused on addressing the 

16    concerns we hear from our constituents and 

17    delivering for the people of New York.  

18                 So when we began the session in 

19    January, we knew the challenges ahead would be 

20    significant.  New Yorkers are struggling with 

21    rising costs.  Families are facing higher utility 

22    bills, higher healthcare costs, growing economic 

23    uncertainty.  At the same time, we're confronted 

24    with an increasingly unpredictable federal 

25    government that has repeatedly threatened 


                                                               8119

 1    programs and protections that millions of 

 2    New Yorkers depend on.

 3                 Faced with those realities, we 

 4    chose, and we choose to move New York forward.  

 5    So this session we confronted the growing burden 

 6    of utility costs, we advanced packages aimed at 

 7    holding utility companies accountable, 

 8    strengthening oversight, ensuring that ratepayers 

 9    are protected from unnecessary costs.  We made 

10    clear that utility providers should serve 

11    New Yorkers, not profit at their expense.

12                 On the first day of session I said 

13    we would stand up for immigrant communities and 

14    advance the goals of New York for All, and that's 

15    exactly what we did.  We fought to protect 

16    immigrant families, strengthen due process, and 

17    safeguard access to schools, healthcare and other 

18    essential services.  

19                 We made clear that New York will 

20    continue to be a place where families can live 

21    with dignity and pursue opportunity and 

22    contribute to the communities they call home.  

23                 At a time when reproductive rights 

24    remain under attack nationwide, we enacted 

25    protections for patients' privacy, expanded 


                                                               8120

 1    access to fertility and IVF treatments, and 

 2    safeguarded the right of New Yorkers to make 

 3    their own healthcare decisions.  

 4                 We also stood up for affordable 

 5    healthcare.  As federal leaders continue to 

 6    threaten healthcare access and undermine critical 

 7    programs, we advanced legislation to lower 

 8    prescription drug costs, improve access to care, 

 9    and protect patients across the state.  

10                 For the first time we took major 

11    steps toward truly universal childcare by 

12    expanding UPK and investing in childcare programs 

13    statewide.

14                 We fully funded our schools again, 

15    and made it clear that every student deserves a 

16    quality education.

17                 We fought to lower costs, protect 

18    consumers.  We took on junk fees, deceptive 

19    pricing practices, subscription traps, corporate 

20    abuses that make it harder for working families 

21    to make ends meet.  

22                 We defended science and public 

23    health, advancing legislation that supports 

24    vaccine access, empowers healthcare providers, 

25    and reinforces evidence-based public health 


                                                               8121

 1    practices that keep our communities safe.

 2                 We continue to lead on environmental 

 3    protection and climate action, advancing 

 4    legislation to protect our natural resources, 

 5    reduce pollution, invest in clean energy 

 6    infrastructure, expand electrification and solar 

 7    opportunities.

 8                 We advanced legislation to 

 9    strengthen our democracy and protect the right to 

10    vote.  We worked to safeguard election workers, 

11    modernize our election systems, ensure 

12    New Yorkers can participate in our democracy free 

13    from intimidation and interference.

14                 We strengthened protections for 

15    survivors of domestic violence and sexual 

16    violence, continuing our work to ensure survivors 

17    have access to the resources, support and legal 

18    protections they need while strengthening 

19    accountability for those who seek to harm or 

20    intimidate them.  

21                 Finally, we continued to support 

22    New York's agricultural industry and delivered 

23    critical investments to both New York City and 

24    local municipalities across our state, helping 

25    communities strengthen infrastructure, improve 


                                                               8122

 1    critical services and support long-term economic 

 2    growth.  

 3                 We continued to invest in creating 

 4    more affordable housing across the state, and at 

 5    the same time stand up for homeowners and 

 6    renters, because we all know that affordable 

 7    housing is crucial for strong communities.

 8                 At a time when so many New Yorkers 

 9    are looking for stability and leadership, we 

10    remain focused on delivering results, protecting 

11    fundamental rights, and strengthening the 

12    communities we represent.  

13                 Those accomplishments did not happen 

14    overnight.  They're the result of months of hard 

15    work, difficult conversations, and shared 

16    commitment to serving the people of New York.

17                 And while we can be proud of what 

18    we've achieved, we all recognize that there is 

19    more to be done and that challenges remain, that 

20    our work is not finished.

21                 So as we close this session, I'm 

22    reminded that progress is measured not only by 

23    what we accomplish in this chamber, but by the 

24    difference it makes in the lives of New Yorkers.  

25    There's always going to be more work to do, but 


                                                               8123

 1    this session demonstrated what is possible when 

 2    we remain focused on the people who elected us to 

 3    serve.

 4                 So to every member of this chamber, 

 5    I do thank you for your service.  To the staff 

 6    and to all those who work so hard, we thank you.  

 7    And you've earned a few days off.  Not many.  

 8    Well, you all, maybe.  

 9                 But those of us here we know are 

10    going to return to our districts, to hopefully 

11    our families again, to those people who love and 

12    care about us.  Many of us are going to be in 

13    races.  We wish you luck.  

14                 I certainly -- again, as Leader Ortt 

15    said, we know we will see most of you back here.  

16                 But remember that what you do is 

17    important.  What you do matters.  The fact that 

18    you do it creates opportunities that many of us 

19    would never have believed we would ever have.  We 

20    don't take it lightly.  But we do know that 

21    New York needs us to be focused on New Yorkers.  

22    There's no better people to do it.  

23                 So God bless.  Enjoy the summer.  

24    Win your races.  You all, please.  

25                 (Laughter.)


                                                               8124

 1                 SENATOR STEWART-COUSINS:   You too.  

 2    You too.

 3                 (Laughter.)

 4                 SENATOR STEWART-COUSINS:   But, you 

 5    know, enjoy, and we'll see you back here next 

 6    year.  Thank you.

 7                 (Extended standing ovation.)

 8                 ACTING PRESIDENT BAILEY:   Thank 

 9    you, Madam Leader.

10                 Senator Gianaris.

11                 SENATOR GIANARIS:   Mr. President, 

12    it has been an honor.  

13                 One final time:  Is there any 

14    further business at the desk?

15                 ACTING PRESIDENT BAILEY:   Sadly for 

16    the great State of New York and the New York 

17    State Senate, this is the last time I get to say, 

18    Senator Gianaris, that there is no further 

19    business for you at the desk.  

20                 It has been an honor and a pleasure 

21    for all of us.

22                 (Noisy, extended applause.)

23                 SENATOR GIANARIS:   Okay, I move to 

24    adjourn until the call of the temporary 

25    president, with the intervening days being 


                                                               8125

 1    legislative days.

 2                 And, Mr. President, let's go, Mets! 

 3                 ACTING PRESIDENT BAILEY:   Let's go, 

 4    Mets! 

 5                 On motion, the Senate stands 

 6    adjourned until the call of the 

 7    Temporary President, with the intervening days 

 8    being legislative.  

 9                 And hopefully we will come back with 

10    the 2026 NBA champions, the New York Knicks!

11                 (Explosive cheers.)

12                 (Whereupon, at 1:29 a.m., the Senate 

13    adjourned.)

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