Regular Session - May 15, 2023

                                                                   3873

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    May 15, 2023

11                      3:31 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR ROXANNE J. PERSAUD, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               3874

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

 2                 ACTING PRESIDENT PERSAUD:   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                 (Child on Senate floor:   Yaaaay!)  

 9                 (Laughter; applause.) 

10                 ACTING PRESIDENT PERSAUD:   

11    Discipleship Pastor Daniela Piña, from New Life 

12    Christian Church in Watertown, New York, will 

13    deliver today's invocation.

14                 PASTOR PIÑA:   You may bow your 

15    heads if you feel comfortable.

16                 God, we thank You for Your presence 

17    and Your love that fills the earth.  May our 

18    hearts be joined to Yours, Jesus.  Thank You, 

19    Father, for our nation and the incredible State 

20    of New York.  We pray that Your will be done 

21    today on earth as it is in heaven.

22                 May we grow in awareness of Your 

23    presence today.  Open the ears and the eyes of 

24    our hearts, that we may see each other that have 

25    each been made in Your image.


                                                               3875

 1                 Lord, I lift up every leader and 

 2    civil servant in our great state, every life 

 3    that's within our influence.  May they be blessed 

 4    today by You.

 5                 God, I ask that every burden, spoken 

 6    and unspoken, carried in the hearts be given to 

 7    You.  We ask for Your empowerment, Holy Spirit, 

 8    that You may fill us with You.

 9                 Lord, for everyone in this place 

10    who's experiencing strain in their relationships, 

11    may You make a way of restoration.  We lift up 

12    every physical body asking You for health and 

13    healing.  Thank You that You care for us just 

14    like the flowers in the field and the sparrows of 

15    the sky.

16                 Lord, fill our leaders with wisdom 

17    today, wisdom beyond understanding, and help them 

18    see the individual and the multitudes in all 

19    their decisions.  Change the climate of our 

20    nation from anger to love, from fear to great 

21    peace.  Transform us as agents of change and 

22    revival.  

23                 May You be glorified, Jesus, in our 

24    state and great nation.  It is in Your mighty 

25    name that we pray today.


                                                               3876

 1                 Amen.

 2                 (Response of "Amen.")

 3                 ACTING PRESIDENT PERSAUD:   Reading 

 4    of the Journal.

 5                 THE SECRETARY:  In Senate, Friday, 

 6    May 12, 2023, the Senate met pursuant to 

 7    adjournment.  The Journal of Thursday, May 11, 

 8    2023, was read and approved.  On motion, the 

 9    Senate adjourned.

10                 ACTING PRESIDENT PERSAUD:   Without 

11    objection, the Journal stands approved as read.

12                 Presentation of petitions.

13                 Messages from the Assembly.

14                 The Secretary will read.

15                 THE SECRETARY:   Senator Mayer moves 

16    to discharge, from the Committee on Labor, 

17    Assembly Bill Number 4862 and substitute it for 

18    the identical Senate Bill 2299A, Third Reading 

19    Calendar 417.

20                 Senator Mannion moves to discharge, 

21    from the Committee on Internet and Technology, 

22    Assembly Bill Number 266A and substitute it for 

23    the identical Senate Bill 3114A, Third Reading 

24    Calendar 431.

25                 ACTING PRESIDENT PERSAUD:   So 


                                                               3877

 1    ordered.

 2                 Messages from the Governor.

 3                 Reports of standing committees.

 4                 Reports of select committees.

 5                 Communications and reports from 

 6    state officers.

 7                 Motions and resolutions.

 8                 Senator Gianaris.

 9                 SENATOR GIANARIS:   Good afternoon, 

10    Madam President.  

11                 On behalf of Senator Skoufis, on 

12    page 34 I offer the following amendments to 

13    Calendar 676, Senate 3431, and ask that said bill 

14    retain its place on the Third Reading Calendar.

15                 ACTING PRESIDENT PERSAUD:   The 

16    amendments are received, and the bill will retain 

17    its place on the Third Reading Calendar.

18                 Senator Gianaris.

19                 SENATOR GIANARIS:   On behalf of 

20    Senator Comrie, I wish to call up 

21    Senate Print 485, recalled from the Assembly, 

22    which is now at the desk.

23                 ACTING PRESIDENT PERSAUD:   The 

24    Secretary will read.

25                 THE SECRETARY:   Calendar Number 


                                                               3878

 1    436, Senate Print 485, by Senator Comrie, an act 

 2    to amend the Public Authorities Law.

 3                 SENATOR GIANARIS:   Move to 

 4    reconsider the vote by which the bill was passed.

 5                 ACTING PRESIDENT PERSAUD:   Call the 

 6    roll.

 7                 (The Secretary called the roll.)

 8                 THE SECRETARY:   Ayes, 55.

 9                 ACTING PRESIDENT PERSAUD:   The bill 

10    is restored to its place on the Third Reading 

11    calendar.  

12                 SENATOR GIANARIS:   I offer the 

13    following amendments.

14                 ACTING PRESIDENT PERSAUD:   The 

15    amendments are received, and the bill will retain 

16    its place on the Third Reading Calendar.

17                 SENATOR GIANARIS:   Please recognize 

18    Senator Walczyk for an introduction.

19                 ACTING PRESIDENT PERSAUD:   Senator 

20    Walczyk for an introduction.

21                 SENATOR WALCZYK:   Madam President, 

22    thank you so much.  

23                 We're honored to have some guests in 

24    the gallery today, the Hammond Girls Basketball 

25    Team, Class D State Champions.  


                                                               3879

 1                 We are joined by Zoey Cunningham, 

 2    Raelee Downs, Ava Howie, Landree Kenyon -- who is 

 3    the Class D Player of the Year -- Hailee Manning, 

 4    Mikayla Jones, Sadey Sprabary, Mia Tulley, 

 5    Laurall Vinch, Isabelle Woodcock.

 6                 We're also joined by Head Coach 

 7    Alyssa Crosby and Assistant Coach Chet 

 8    Truskowski, along with Superintendent 

 9    Doug McQueer.  

10                 Now, this team was 10-0 in their 

11    league, 21-1 for an overall record.  And sorry if 

12    you represent Oxford, but they took down 

13    Oxford Academy, the mighty Oxford Academy, in a 

14    61-37 win for the state title.  This is the proud 

15    third state title in Hammond school history.  

16                 They say that defense wins 

17    championships, and I think that's true.  And 

18    these girls forced 22 turnovers.  They held 

19    Oxford 1-11 at the three-point range to win this 

20    title.  They beat teams throughout the season by 

21    an average of 24 points.  And the closest game in 

22    the state playoffs was only within 22 points.  

23                 Our motto in New York State is 

24    Excelsior, which means "Ever Upward," and it's on 

25    our State Flag.  But Madam President, these 


                                                               3880

 1    ladies put "Ever Upward" on the scoreboard every 

 2    single time that they played.  

 3                 And I ask that you invite the 

 4    Class D champions, Hammond Girls Basketball, with 

 5    a warm welcome.  

 6                 Thank you.  

 7                 ACTING PRESIDENT PERSAUD:   Thank 

 8    you, Senator.

 9                 To our guests, I welcome you on 

10    behalf of the Senate.  We extend to you the 

11    privileges and courtesies of this house.  

12                 Please rise and be recognized.

13                 (Standing ovation.)

14                 ACTING PRESIDENT PERSAUD:   Senator 

15    Gianaris.

16                 SENATOR GIANARIS:   Let's take up 

17    the reading of the calendar, please.  

18                 ACTING PRESIDENT PERSAUD:   The 

19    Secretary will read.

20                 THE SECRETARY:   Calendar Number 

21    207, Senate Print 629A, by Senator Comrie, an act 

22    to amend the Agriculture and Markets Law.

23                 ACTING PRESIDENT PERSAUD:   Read the 

24    last section.

25                 THE SECRETARY:   Section 2.  This 


                                                               3881

 1    act shall take effect immediately.

 2                 ACTING PRESIDENT PERSAUD:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT PERSAUD:   Announce 

 6    the results.

 7                 THE SECRETARY:   Ayes, 57.

 8                 ACTING PRESIDENT PERSAUD:   The bill 

 9    is passed.  

10                 THE SECRETARY:   Calendar Number 

11    229, Senate Print 2418, by Senator Comrie, an act 

12    to amend the Executive Law.

13                 ACTING PRESIDENT PERSAUD:   Read the 

14    last section.

15                 THE SECRETARY:   Section 2.  This 

16    act shall take effect on the first of January.

17                 ACTING PRESIDENT PERSAUD:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT PERSAUD:   Announce 

21    the results.

22                 THE SECRETARY:   In relation to 

23    Calendar Number 229, those Senators voting in the 

24    negative are Senators Ashby, Borrello, Gallivan, 

25    Griffo, Oberacker, O'Mara, Ortt, Palumbo, Stec, 


                                                               3882

 1    Tedisco and Walczyk.

 2                 Ayes, 46.  Nays, 11.

 3                 ACTING PRESIDENT PERSAUD:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    417, Assembly Print Number 4862, by 

 7    Assemblymember Ardila, an act to amend the 

 8    Labor Law.

 9                 ACTING PRESIDENT PERSAUD:   Read the 

10    last section.

11                 THE SECRETARY:   Section 2.  This 

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

13    shall have become a law.

14                 ACTING PRESIDENT PERSAUD:   Call the 

15    roll.  

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT PERSAUD:   Announce 

18    the results.

19                 THE SECRETARY:   Ayes, 57.

20                 ACTING PRESIDENT PERSAUD:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    431, Assembly Print Number 266A, by 

24    Assemblymember Burdick, an act to amend the 

25    State Technology Law.


                                                               3883

 1                 ACTING PRESIDENT PERSAUD:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 2.  This 

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

 5    shall have become a law.

 6                 ACTING PRESIDENT PERSAUD:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT PERSAUD:   Announce 

10    the results.

11                 THE SECRETARY:   Ayes, 57.

12                 ACTING PRESIDENT PERSAUD:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    448, Senate Print 979, by Senator Mattera, an act 

16    to amend the Public Authorities Law.

17                 ACTING PRESIDENT PERSAUD:   Read the 

18    last section.

19                 THE SECRETARY:   Section 2.  This 

20    act shall take effect immediately.  

21                 ACTING PRESIDENT PERSAUD:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT PERSAUD:   Announce 

25    the results.


                                                               3884

 1                 THE SECRETARY:   Ayes, 57.

 2                 ACTING PRESIDENT PERSAUD:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    483, Senate Print 2449, by Senator Krueger, an 

 6    act to amend the Executive Law.

 7                 ACTING PRESIDENT PERSAUD:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 2.  This 

10    act shall take effect on the first January next 

11    succeeding the date upon which it shall have 

12    become a law.

13                 ACTING PRESIDENT PERSAUD:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT PERSAUD:   Senator 

17    May to explain her vote.

18                 SENATOR MAY:   Thank you, 

19    Madam President.  

20                 I want to thank Senator Krueger for 

21    this bill and the leadership for bringing it 

22    forward.

23                 Seventy-two percent of women report 

24    age discrimination when they're between the ages 

25    of 45 and 74.  They believe that they are 


                                                               3885

 1    discriminated against because of their age at 

 2    work.

 3                 But we know that women that age are 

 4    actually some of the most productive and reliable 

 5    workers there are in the workforce.  So it is 

 6    very important to make sure that employers aren't 

 7    finding ways to discriminate against people by 

 8    asking them for data that they shouldn't have to 

 9    reveal.

10                 So I am grateful to Senator Krueger 

11    for this bill.  I proudly vote aye.

12                 ACTING PRESIDENT PERSAUD:   Senator 

13    May to be recorded in the affirmative.

14                 Senator Krueger to explain her vote.

15                 SENATOR KRUEGER:   Thank you very 

16    much, Madam President.

17                 Thank you to Senator May for rising.  

18                 And thank you to my colleagues for 

19    passing this bill today.

20                 Again, as was explained, we have so 

21    much ageism in our society, even though research 

22    shows that older workers prove to be 

23    exceptionally good workers.  And the dilemma, 

24    particularly in a world where there are online 

25    applications for people to apply, is the computer 


                                                               3886

 1    then determines the person is X age or Y age and 

 2    dumps them even before they've had an opportunity 

 3    to be interviewed.

 4                 You know, it's one thing to fail to 

 5    get the job once you've been interviewed.  But to 

 6    actually be locked out by an algorithm on a 

 7    computer before you even have an opportunity to 

 8    present yourself and your credentials, is frankly 

 9    not fair no matter what kind of discrimination is 

10    taking place -- but actually is harming the 

11    employers, because if they don't have a chance to 

12    meet all these talented, skilled older 

13    New Yorkers, then they're not going to have the 

14    opportunity to actually hire them and discover 

15    what excellent workers they can be.

16                 I vote yes.  Thank you, 

17    Madam President.

18                 ACTING PRESIDENT PERSAUD:   Senator 

19    Krueger to be recorded in the affirmative.

20                 Announce the results.

21                 THE SECRETARY:   In relation to 

22    Calendar Number 483, those Senators voting in the 

23    negative are Senators Ashby, Borrello, 

24    Canzoneri-Fitzpatrick, Griffo, Lanza, Martins, 

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


                                                               3887

 1    Palumbo, Rhoads, Stec, Tedisco, Walczyk, Weber 

 2    and Weik.

 3                 Ayes, 40.  Nays, 18.

 4                 ACTING PRESIDENT PERSAUD:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    574, Senate Print 27, by Senator Stec, Concurrent 

 8    Resolution of the Senate and Assembly proposing 

 9    an amendment to Section 1 of Article 14 of the 

10    Constitution.

11                 ACTING PRESIDENT PERSAUD:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT PERSAUD:   Announce 

15    the results.

16                 THE SECRETARY:   Ayes, 58.

17                 ACTING PRESIDENT PERSAUD:   The 

18    resolution is adopted.

19                 THE SECRETARY:   Calendar Number 

20    578, Senate Print 5287, by Senator Mannion, an 

21    act to amend Chapter 373 of the Laws of 1998.

22                 ACTING PRESIDENT PERSAUD:   Read the 

23    last section.

24                 THE SECRETARY:   Section 3.  This 

25    act shall take effect immediately.


                                                               3888

 1                 ACTING PRESIDENT PERSAUD:   Call the 

 2    roll.

 3                 (The Secretary called the roll.)

 4                 ACTING PRESIDENT PERSAUD:   Announce 

 5    the results.

 6                 THE SECRETARY:   Ayes, 58.

 7                 ACTING PRESIDENT PERSAUD:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    629, Senate Print 1469, by Senator Breslin, an 

11    act to amend the Insurance Law.

12                 ACTING PRESIDENT PERSAUD:   Read the 

13    last section.

14                 THE SECRETARY:   Section 2.  This 

15    act shall take effect immediately.

16                 ACTING PRESIDENT PERSAUD:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT PERSAUD:   Announce 

20    the results.

21                 THE SECRETARY:   Ayes, 58.

22                 ACTING PRESIDENT PERSAUD:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 

25    640, Senate Print Number 5441, by 


                                                               3889

 1    Senator Scarcella-Spanton, an act to amend the 

 2    Military Law.

 3                 ACTING PRESIDENT PERSAUD:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 3.  This 

 6    act shall take effect immediately.

 7                 ACTING PRESIDENT PERSAUD:   Call the 

 8    roll.  

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT PERSAUD:   Announce 

11    the results.

12                 THE SECRETARY:   In relation to 

13    Calendar Number 640, voting in the negative:  

14    Senator Walczyk.

15                 Ayes, 57.  Nays, 1.

16                 ACTING PRESIDENT PERSAUD:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    651, Senate Print 2976, by Senator Mayer, an act 

20    to amend the Labor Law.

21                 SENATOR LANZA:   Lay it aside.

22                 ACTING PRESIDENT PERSAUD:   Lay it 

23    aside.

24                 THE SECRETARY:   Calendar Number 

25    664, Senate Print 1891, by Senator Sanders, an 


                                                               3890

 1    act in relation to establishing the New York 

 2    State cryptocurrency and blockchain study task 

 3    force.

 4                 ACTING PRESIDENT PERSAUD:   Read the 

 5    last section.  

 6                 THE SECRETARY:   Section 5.  This 

 7    act shall take effect immediately.

 8                 ACTING PRESIDENT PERSAUD:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT PERSAUD:   Announce 

12    the results.

13                 THE SECRETARY:   Ayes, 58.

14                 ACTING PRESIDENT PERSAUD:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    685, Senate Print 6220B, by Senator Stavisky, an 

18    act to amend the Education Law.

19                 ACTING PRESIDENT PERSAUD:   Read the 

20    last section.

21                 THE SECRETARY:   Section 3.  This 

22    act shall take effect one year after it shall 

23    have become a law.

24                 ACTING PRESIDENT PERSAUD:   Call the 

25    roll.


                                                               3891

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT PERSAUD:   Announce 

 3    the results.

 4                 THE SECRETARY:   In relation to 

 5    Calendar Number 685, voting in the negative:  

 6    Senator Ashby.

 7                 Ayes, 57.  Nays, 1.

 8                 ACTING PRESIDENT PERSAUD:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    696, Senate Print 2852A, by Senator Skoufis, an 

12    act to amend the Alcoholic Beverage Control Law.

13                 SENATOR GIANARIS:   Lay it aside for 

14    the day.

15                 ACTING PRESIDENT PERSAUD:   The bill 

16    will be laid aside for the day.

17                 THE SECRETARY:   Calendar Number 

18    727, Senate Print 4133A, by Senator Mannion, an 

19    act to amend the Highway Law.

20                 ACTING PRESIDENT PERSAUD:   Read the 

21    last section.

22                 THE SECRETARY:   Section 3.  This 

23    act shall take effect immediately.  

24                 ACTING PRESIDENT PERSAUD:   Call the 

25    roll.


                                                               3892

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT PERSAUD:   Announce 

 3    the results.

 4                 THE SECRETARY:   Ayes, 58.

 5                 ACTING PRESIDENT PERSAUD:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    736, Senate Print 5410, by Senator Fernandez, an 

 9    act to amend the State Technology Law.

10                 ACTING PRESIDENT PERSAUD:   Read the 

11    last section.

12                 THE SECRETARY:   Section 2.  This 

13    act shall take effect one year after it shall 

14    have become a law.

15                 ACTING PRESIDENT PERSAUD:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT PERSAUD:   Senator 

19    Fernandez to explain her vote.

20                 SENATOR FERNANDEZ:   Thank you, 

21    Madam President.

22                 I want to note that I'm reading this 

23    in from a smartphone as we're talking about 

24    making websites more mobile-friendly.  

25                 This bill requires that all state 


                                                               3893

 1    agencies maintain mobile-friendly platforms for 

 2    their existing websites.  By providing for 

 3    mobile-friendly forms of statewide websites, the 

 4    state will ensure widespread equivalent and 

 5    improved access to state resources.  

 6                 Since 2007, with the introduction of 

 7    the first iPhone, mobile devices and smartphones 

 8    have brought about a technological revolution in 

 9    terms of the way consumers access and use online 

10    resources.  Smartphones, tablets and newer 

11    operating systems for desktops and laptops have 

12    begun to shift the marketplace away from 

13    landlines and desktops towards more mobile 

14    pathways.  

15                 To illustrate the demographic shift, 

16    the Pew Research Center reported on April 1, 

17    2015, that 64 percent of Americans now own a 

18    smartphone -- we can assume that went up since 

19    then -- up from 35 percent in the spring of 2011.  

20    The same research report indicated that 

21    10 percent of American adults rely solely on 

22    their mobile device for internet access in their 

23    homes, further illustrating the need for updated 

24    websites in 2014.  

25                 Google altered its search engine 


                                                               3894

 1    results pages to list websites that are 

 2    mobile-friendly, as prioritized in search results 

 3    in response to the paradigm shift that mobile 

 4    websites have caused in internet access.

 5                 The state remains in the 

 6    technological dark ages in terms of providing 

 7    mobile-friendly access to citizens who rely on 

 8    the state's services and resources.  Being that 

 9    the vast majority of the state-affiliated 

10    websites are only available on desktop format, 

11    the state is effectively double-dipping by making 

12    residents use more of their data plans to access 

13    critical information and resources, while taxing 

14    use of such mobile devices via cellphone and 

15    utility taxes.  The state should ensure that 

16    steps are taken to provide equal access for all.  

17                 And I think after the pandemic, 

18    where we've seen that many people don't have 

19    access to a laptop or a tablet or a desktop, we 

20    need to make sure that our state can properly 

21    give the resources on a mobile device.

22                 Thank you, Madam President.  I vote 

23    aye.

24                 ACTING PRESIDENT PERSAUD:   Senator 

25    Fernandez to be recorded in the affirmative.


                                                               3895

 1                 Announce the results.

 2                 THE SECRETARY:   Ayes, 60.

 3                 ACTING PRESIDENT PERSAUD:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    737, Senate Print 6323A, by Senator Gonzalez, an 

 7    act to amend the General Business Law.

 8                 SENATOR LANZA:   Lay it aside.

 9                 ACTING PRESIDENT PERSAUD:   Lay it 

10    aside.

11                 THE SECRETARY:   Calendar Number 

12    742, Senate Print 1738, by Senator Hoylman-Sigal, 

13    an act to amend the Criminal Procedure Law.

14                 ACTING PRESIDENT PERSAUD:   Read the 

15    last section.

16                 THE SECRETARY:   Section 3.  This 

17    act shall take effect immediately.

18                 ACTING PRESIDENT PERSAUD:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT PERSAUD:   Senator 

22    Bailey to explain his vote.

23                 SENATOR BAILEY:   Thank you, 

24    Madam President.

25                 Everybody that proclaims to love 


                                                               3896

 1    hip-hop and love the 50th anniversary of hip-hop 

 2    should be standing and rejoicing that we are 

 3    protecting the creative expression of one of 

 4    the -- not just one of the greatest forms of art 

 5    in hip-hop, but art in general.  

 6                 You see, an artist's ability to be 

 7    able to creatively express themself is expressly 

 8    protected by the First Amendment, and it should 

 9    be.  But what happens when you have overreach in 

10    terms of what certain artists are saying, and 

11    it's criminalized, right?  

12                 Quite frankly, when it comes to 

13    hip-hop lyrics, this is something that is paid 

14    attention to much more than other lyrics.  Nobody 

15    seems to believe that Bob Marley shot the sheriff 

16    or that Johnny Cash killed a man in Reno or that 

17    Carrie Underwood did everything that she said she 

18    did in that song.

19                 However, when it comes to hip-hop 

20    artists, it is often taken literally.  And what 

21    this bill does, just to make sure that we 

22    understand it, it doesn't bar the introduction of 

23    lyrics, it just makes it a higher threshold to be 

24    able to -- so that they can come into -- they 

25    come into the court.  


                                                               3897

 1                 Because quite frankly, we don't want 

 2    to stunt creativity.  You know, nobody -- nobody 

 3    really believes -- if you know who Nasir Jones 

 4    is, you know he is not an actual gun.  However, 

 5    on his second album, It Was Written, he created a 

 6    song called "I Gave You Power," where he was 

 7    within the personification of a gun and he spoke 

 8    about him being a weapon that was trafficked up 

 9    via the Iron Pipeline.  And obviously he is not a 

10    gun.  But if we took that literally, where would 

11    we be?  

12                 And there's so many different, you 

13    know -- you know, examples of this.  You have to 

14    listen to music in context.  If you take a lyric 

15    out of context, it may not mean the same thing.  

16    Certain colloquialisms.  And what about those 

17    ghost writers, people that write the music for 

18    the artists?  Whose state of mind are we looking 

19    to prosecute?  Is it the artist or is it the 

20    writer or is it both?  We don't know.

21                 So it's so important that we make 

22    sure that we have a standard and standards.  And 

23    I'm grateful to Senator Hoylman-Sigal for being 

24    the lead sponsor on this bill.  He's allowed me 

25    to co-prime it because of my love for the arts.  


                                                               3898

 1                 But I'm grateful to my colleagues 

 2    for supporting this bill, and I vote aye, 

 3    Madam President.

 4                 ACTING PRESIDENT PERSAUD:   

 5    Senator Bailey to be recorded in the affirmative.

 6                 Senator Hoylman-Sigal to explain his 

 7    vote.

 8                 SENATOR HOYLMAN-SIGAL:   Thank you, 

 9    Madam President.  

10                 I think everyone knows why 

11    Senator Bailey is the prime cosponsor of this 

12    legislation that protects artistic expression at 

13    its roots.  Because as we've discussed with 

14    Senator Bailey, rap, hip-hop, in its fundamental 

15    essence is political speech.  And we all regard 

16    political speech as sacrosanct in our democratic 

17    society -- except some courts and some 

18    prosecutors have not.  And there's no New York 

19    without art, whether it's thought-provoking or 

20    inspiring or beautiful or crude.  

21                 But recent scholarship has 

22    highlighted a disturbing trend, Madam President, 

23    poised to threaten New York's position as the 

24    home of artistic freedom.  The researchers 

25    Erik Neilson and Andrea Dennis wrote a book 


                                                               3899

 1    called Rap on Trial that has identified 500 to 

 2    700 cases over the last decade where rap music 

 3    lyrics were used as evidence in criminal trials 

 4    across the country.  And there are at least 

 5    28 cases in New York where prosecutors are 

 6    attempting to use rap as evidence, since 2017.

 7                 As Senator Bailey noted, this bill 

 8    raises the standard on using music, using 

 9    artistic expression against a defendant -- to 

10    protect everyone's rights, but also to resist the 

11    roots of racism that have attacked hip-hop music 

12    in particular.

13                 I vote aye.  Thank you.

14                 ACTING PRESIDENT PERSAUD:   Senator 

15    Hoylman-Sigal to be recorded in the affirmative.

16                 Announce the results.

17                 THE SECRETARY:   In relation to 

18    Calendar 742, those Senators voting in the 

19    negative are Senators Ashby, Borrello, 

20    Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming, 

21    Lanza, Martinez, Martins, Mattera, Murray, 

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

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

24                 Ayes, 38.  Nays, 22.  

25                 ACTING PRESIDENT PERSAUD:   The bill 


                                                               3900

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    749, Senate Print 6518, by Senator Hinchey, an 

 4    act to amend the Private Housing Finance Law.

 5                 ACTING PRESIDENT PERSAUD:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 2.  This 

 8    act shall take effect immediately.  

 9                 ACTING PRESIDENT PERSAUD:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT PERSAUD:   Announce 

13    the results.

14                 THE SECRETARY:   Ayes, 60.

15                 ACTING PRESIDENT PERSAUD:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    760, Senate Print 150, by Senator Gianaris, an 

19    act to amend the Public Officers Law.

20                 ACTING PRESIDENT PERSAUD:   Read the 

21    last section.

22                 THE SECRETARY:   Section 2.  This 

23    act shall take effect immediately.  

24                 ACTING PRESIDENT PERSAUD:   Call the 

25    roll.


                                                               3901

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT PERSAUD:   Announce 

 3    the results.

 4                 THE SECRETARY:   In relation to 

 5    Calendar Number 760, voting in the negative:  

 6    Senator Felder.  

 7                 Ayes, 59.  Nays, 1.

 8                 ACTING PRESIDENT PERSAUD:   The bill 

 9    is passed.

10                 Senator Gianaris, that completes the 

11    reading of today's calendar.

12                 SENATOR GIANARIS:   Can we now move 

13    to the controversial calendar, please.

14                 ACTING PRESIDENT PERSAUD:   The 

15    Secretary will ring the bell.

16                 The Secretary will read.

17                 THE SECRETARY:   Calendar Number 

18    651, Senate Print 2976, by Senator Mayer, an act 

19    to amend the Labor Law.

20                 ACTING PRESIDENT PERSAUD:   Senator 

21    Lanza, why do you rise?  

22                 SENATOR LANZA:   Good afternoon, 

23    Madam President.  

24                 Madam President, I believe there's 

25    an amendment at the desk.  I waive the reading of 


                                                               3902

 1    that amendment and ask that you recognize 

 2    Senator Murray to be heard.

 3                 ACTING PRESIDENT PERSAUD:   Thank 

 4    you, Senator Lanza.  

 5                 Upon review of the amendment, in 

 6    accordance with Rule 6, Section 4B, I rule it 

 7    nongermane and out of order at this time.

 8                 SENATOR LANZA:   Accordingly, 

 9    Madam President, I appeal the ruling of the chair 

10    and ask that Senator Murray be recognized and 

11    heard on the appeal.

12                 ACTING PRESIDENT PERSAUD:   The 

13    appeal has been made and recognized, and 

14    Senator Murray may be heard.  

15                 SENATOR MURRAY:   Thank you, 

16    Madam President.  

17                 I rise to appeal the ruling of the 

18    chair.  

19                 The proposed amendment is germane to 

20    the bill at hand because the bill at hand would 

21    close a loophole in the Labor Law dating back to 

22    1890, and currently being exploited due to the 

23    recent decision in Vega v. CM & Associates 

24    Construction Management, LLC, which is being 

25    interpreted to misapply the wage theft provisions 


                                                               3903

 1    of Section 198 of the Labor Law by ruling that 

 2    manual workers who are being paid in full every 

 3    two weeks have standing to seek liquidated 

 4    damages in the amount of an additional payment 

 5    equal to half of all wages they had already been 

 6    paid for up to six full years.

 7                 Now, Section 190 of the Labor Law 

 8    broadly defines "manual worker" as, and I quote, 

 9    "mechanic, working man or laborer."  That 

10    definition, by the way, dates back to 1890.  

11                 The intent of my amendment would 

12    clarify that a manual worker is someone whose 

13    primary duty is to perform physical labor.  The 

14    Commissioner of Labor would be directed to adopt 

15    regulations establishing criteria for determining 

16    whether an occupation meets the definition of 

17    manual worker and what constitutes physical 

18    labor.

19                 This legislation will provide for 

20    much-needed clarity and specificity for 

21    employers, regulators and courts in ensuring that 

22    employers acting in good faith are not subject to 

23    violations of wage theft laws and civil 

24    liability, and also ensures that occupations that 

25    should be classified as manual workers are 


                                                               3904

 1    properly identified by the Department of Labor.

 2                 The current lack of clarity has led 

 3    to a multitude of lawsuits filed against 

 4    businesses big and small across the state, and in 

 5    many cases could result in the closure of the 

 6    business and the loss of livelihood for all 

 7    involved.

 8                 One example.  A small employer with 

 9    just seven full-time employees, all of whom meet 

10    the Vega decision "manual worker" definition, and 

11    all of whom were paid in full on a biweekly 

12    basis, faces a liability of $655,200.  That's 

13    nearly 100,000 for each member of its workforce.  

14    Many small businesses just can't survive.  

15                 There really cannot be an any more 

16    germane piece of legislation.  

17                 For these reasons, Madam President, 

18    I strongly urge you to reconsider.

19                 ACTING PRESIDENT PERSAUD:   Thank 

20    you, Senator.

21                 I want to remind the house that the 

22    vote is on the procedures of the house and the 

23    ruling of the chair.  

24                 Those in favor of overruling the 

25    chair, signify by saying aye.


                                                               3905

 1                 (Response of "Aye.")

 2                 SENATOR LANZA:   Request a show of 

 3    hands.

 4                 ACTING PRESIDENT PERSAUD:   A show 

 5    of hands has been requested and so ordered.

 6                 Announce the results.

 7                 THE SECRETARY:   Ayes, 21.

 8                 ACTING PRESIDENT PERSAUD:   The 

 9    ruling of the chair stands, and the bill-in-chief 

10    is before the house.

11                 SENATOR GIANARIS:   Madam President, 

12    we have agreed to restore this bill to the 

13    noncontroversial calendar.

14                 ACTING PRESIDENT PERSAUD:   The bill 

15    is restored to the noncontroversial calendar.

16                 Read the last section.

17                 THE SECRETARY:   Section 2.  This 

18    act shall take effect immediately.

19                 ACTING PRESIDENT PERSAUD:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT PERSAUD:   Senator 

23    Mayer to explain her vote.

24                 SENATOR MAYER:   Thank you, 

25    Madam President.


                                                               3906

 1                 I rise to explain the importance of 

 2    this bill, which we passed last year and 

 3    unfortunately was vetoed by the Governor last 

 4    year.  But as all of us in this chamber know, 

 5    during the height of COVID we were besieged with 

 6    people trying to reach the Department of Labor 

 7    about their unemployment claims.  And we all did 

 8    our best to ensure that they got communication on 

 9    a prompt level, but the fact is that many of them 

10    waited a significant period of time before they 

11    heard whether their application was granted or 

12    denied.

13                 This bill would require the 

14    commissioner to issue determinations of approval 

15    or denial within 30 days unless there's exigent 

16    circumstances.  And people will know sooner 

17    rather than later whether they are eligible for 

18    unemployment.

19                 I would point out a 30-day notice 

20    would bring the Department of Labor in line with 

21    the eligibility determination time frame for 

22    other state-administered benefits such as the 

23    SNAP program and medical assistance programs.

24                 And while this all may pose a burden 

25    to the department, it is the minimum that should 


                                                               3907

 1    be expected while people are desperate for income 

 2    replacement because they've lost their jobs.

 3                 I vote aye, and I urge my colleagues 

 4    to do the same.  

 5                 ACTING PRESIDENT PERSAUD:   Senator 

 6    Mayer to be recorded in the affirmative.

 7                 Announce the results.

 8                 THE SECRETARY:   Ayes, 60.

 9                 ACTING PRESIDENT PERSAUD:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    737, Senate Print 6323A, by Senator Gonzalez, an 

13    act to amend the General Business Law.

14                 ACTING PRESIDENT PERSAUD:   Senator 

15    Murray, why do you rise?

16                 SENATOR MURRAY:   Madam President, 

17    would the sponsor yield for a few questions.

18                 ACTING PRESIDENT PERSAUD:   Will the 

19    sponsor yield?

20                 SENATOR GONZALEZ:   Yes.

21                 ACTING PRESIDENT PERSAUD:   The 

22    sponsor yields.

23                 SENATOR MURRAY:   Thank you.  Thank 

24    you, Senator.

25                 Could you explain the purpose of 


                                                               3908

 1    this bill today?

 2                 SENATOR GONZALEZ:   Absolutely.  

 3                 So this bill is an act to allow any 

 4    person who's been a victim of identity theft to 

 5    use their physical identification, whether a 

 6    passport, a government-issued I.D., to regain 

 7    access of their accounts.  And this is limited to 

 8    specifically companies that have a retail 

 9    location.

10                 So this would mean tech companies, 

11    but they would have to have a physical location 

12    for this law to apply to them.

13                 SENATOR MURRAY:   Madam President, 

14    would the sponsor continue to yield.

15                 ACTING PRESIDENT PERSAUD:   Does the 

16    sponsor yield?

17                 SENATOR GONZALEZ:   I do, 

18    Madam President.

19                 ACTING PRESIDENT PERSAUD:   The 

20    sponsor yields.

21                 SENATOR MURRAY:   Thank you.  

22                 And could you give us a few 

23    examples?  Are there limited numbers of examples 

24    of proof of identity?  Or what types of proof 

25    could be shown?


                                                               3909

 1                 SENATOR GONZALEZ:   Absolutely.  

 2                 So it would need to be an unexpired 

 3    state I.D.  Again, I mentioned a passport.  

 4    Anything that we would actually accept on a state 

 5    level to enter, for example, one of our 

 6    buildings.  

 7                 And a few examples of how this might 

 8    be used.  And really, you know, the urgency and 

 9    why we introduced this bill.  We've had a series 

10    of identity theft cases throughout the last year 

11    widely reported on, for example, by the 

12    Wall Street Journal, where, for example, an 

13    individual would be drugged at a bar, lose their 

14    iPhone, have it stolen, and then have thieves 

15    essentially log into their iPhone and then lock 

16    them out of their account by changing their 

17    passcodes.  And then in a few minutes they could 

18    have tens of thousands of dollars drained from 

19    their private account using their Apple ID to 

20    enter into those, for example, bank accounts or 

21    Venmo.

22                 And because of this, we felt that it 

23    was necessary to have a law to take a physical 

24    form of I.D. to be able to go to, for example, an 

25    Apple Store and regain access into that account 


                                                               3910

 1    so that they are no longer completely locked out.

 2                 SENATOR MURRAY:   Madam President, 

 3    would the sponsor continue to yield.

 4                 ACTING PRESIDENT PERSAUD:   Does the 

 5    sponsor yield?

 6                 SENATOR GONZALEZ:   I do.

 7                 ACTING PRESIDENT PERSAUD:   The 

 8    sponsor yields.

 9                 SENATOR MURRAY:   So you've used the 

10    words "physical I.D."  Do you mean photo I.D., 

11    something with a photograph to identify?

12                 SENATOR GONZALEZ:   Apologies.  

13    Through you, Madam President, yes, I do mean a 

14    physical I.D.

15                 SENATOR MURRAY:   Okay.  Madam 

16    President, would the sponsor continue to yield.  

17                 ACTING PRESIDENT PERSAUD:   Does the 

18    sponsor yield?

19                 SENATOR GONZALEZ:   I do.

20                 ACTING PRESIDENT PERSAUD:   The 

21    sponsor yields.  

22                 SENATOR MURRAY:   Many times when we 

23    introduce bills we get memos of support, memos of 

24    opposition.  Have you received any memos of 

25    opposition to this bill?


                                                               3911

 1                 SENATOR GONZALEZ:   No, I have not.

 2                 SENATOR MURRAY:   Madam President, 

 3    on the bill, please.  

 4                 ACTING PRESIDENT PERSAUD:   Senator 

 5    Murray on the bill.

 6                 SENATOR MURRAY:   Thank you, 

 7    Senator, I appreciate that.

 8                 I just find it very interesting that 

 9    you've received no opposition to this when we 

10    have several bills introduced in the past that 

11    would require photo I.D. for one of the most 

12    sacred rights that we have, and that is for 

13    voting.  And yet over and over and over again we 

14    get told that some people just can't get photo 

15    I.D.s, it's impossible, it's discriminatory.  

16                 So I find it interesting that no one 

17    is complaining about this, where it's requiring a 

18    photo I.D.  This is not considered discriminatory 

19    when it could keep someone from their own 

20    financial institution and their own bank accounts 

21    and other very personal matters.  And yet for 

22    voting, we won't allow that.

23                 For that reason, I'll be voting no.

24                 Thank you.

25                 ACTING PRESIDENT PERSAUD:   Thank 


                                                               3912

 1    you, Senator.

 2                 Are there any other Senators wishing 

 3    to be heard?  

 4                 Seeing and hearing none, debate is 

 5    closed.  The Secretary will ring the bell.

 6                 Read the last section.

 7                 THE SECRETARY:   Section 2.  This 

 8    act shall take effect immediately.

 9                 ACTING PRESIDENT PERSAUD:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT PERSAUD:   Announce 

13    the results.

14                 THE SECRETARY:   In relation to 

15    Calendar Number 737, those Senators voting in the 

16    negative are Senators Ashby, Borrello, 

17    Canzoneri-Fitzpatrick, Griffo, Helming, Martins, 

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

19    Palumbo, Rhoads, Rolison, Stec, Tedisco, Walczyk, 

20    Weber and Weik.

21                 Ayes, 41.  Nays, 19.

22                 ACTING PRESIDENT PERSAUD:   The bill 

23    is passed.

24                  Senator Gianaris, that completes 

25    the reading of the controversial calendar.


                                                               3913

 1                 SENATOR GIANARIS:   It also 

 2    completes the first bill passage for 

 3    Senator Gonzalez.  

 4                 (Standing ovation.)

 5                 ACTING PRESIDENT PERSAUD:   Senator 

 6    Gianaris.

 7                 SENATOR GIANARIS:   On that happy 

 8    note, is there any further business at the desk?

 9                 ACTING PRESIDENT PERSAUD:   There is 

10    no further business at the desk.

11                 SENATOR GIANARIS:   I move to 

12    adjourn until tomorrow, Tuesday, May 16th, at 

13    3:00 p.m.

14                 ACTING PRESIDENT PERSAUD:   On 

15    motion, the Senate stands adjourned until 

16    Tuesday, May 16th, at 3:00 p.m.

17                 (Whereupon, at 4:04 p.m., the Senate 

18    adjourned.)

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