May 12, 2026 · ALBANY, NEW YORK · 23,654 words · 29 speakers · 576 segments
The Senate will come to order. I ask everyone present to please rise and recite the Pledge of Allegiance. (Whereupon, the assemblage recited the Pledge of Allegiance to the Flag.)
In the absence of clergy, let us bow our heads in a moment of silent reflection or prayer. (Whereupon, the assemblage respected a moment of silence.)
Reading of the Journal.
In Senate, Monday, May 11, 2026, the Senate met pursuant to adjournment. The Journal of Friday, May 8, 2026, was read and approved. On motion, the Senate adjourned.
Without objection, the Journal stands approved as read. Presentation of petitions. Messages from the Assembly. The Secretary will read.
Senator Palumbo moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 10129 and substitute it for the identical Senate Bill 9092, Third Reading Calendar 718. Senator Cooney moves to discharge, from the Committee on Agriculture, Assembly Bill Number 8130 and substitute it for the identical Senate Bill 5689, Third Reading Calendar 788. Senator Scarcella-Spanton moves to discharge, from the Committee on Veterans, Homeland Security and Military Affairs, Assembly Bill Number 10163 and substitute it for the identical Senate Bill 9315, Third Reading Calendar 861. Senator Jackson moves to discharge, from the Committee on Civil Service and Pensions, Assembly Bill Number 2633 and substitute it for the identical Senate Bill Number 8209, Third Reading Calendar 932.
So ordered. Messages from the Governor. Reports of standing committees. Reports of select committees. Communications and reports from state officers. Motions and resolutions. Senator Serrano.
Mr. President, on page 35 I offer the following amendments to Calendar Number 896, Senate Print Number 9908, by Senator Bottcher. I ask that the said bill retain its place on Third Reading Calendar.
The amendments are received, and the bill will retain its place on the Third Reading Calendar. Senator Serrano.
Mr. President, I wish to call up the following bills, which were recalled from the Assembly and are now at the desk: 5003A, 5257, and 2011.
The Secretary will read.
Calendar Number 249, Senate Print 5003A, by Senator Hinchey, an act to amend the Public Authorities Law. Calendar Number 414, Senate Print 5257B, by Senator Hinchey, an act to amend the General Business Law. Calendar Number 687, Senate Print 2011, by Senator Parker, an act to direct the Department of State and Public Service Commission to jointly study and report upon the provision to consumer credit reporting agencies.
I now move to reconsider the vote by which these bills were passed.
Call the roll on reconsideration. (The Secretary called the roll.)
Ayes, 59.
Those bills are restored to their places on the Third Reading Calendar.
I now offer the following amendments.
The amendments are received. Senator Serrano.
Mr. President, there will be an immediate meeting of the Rules Committee in Room 332.
There will be an immediate meeting of the Rules Committee in Room 332.
The Senate will stand at ease.
The Senate will stand at ease. (Whereupon, the Senate stood at ease at 3:44 p.m.) (Whereupon, the Senate reconvened at 3:54 p.m.)
The Senate will return to order. Senator Serrano.
Thank you, Mr. President. At this time I'd like to call on Senator Gonzalez for an introduction.
Senator Gonzalez for the purposes of an introduction. Senator Gonzalez.
Thank you, Mr. President. Today I have the privilege of introducing Maria Raine. Maria is a proud therapist, mother, advocate and founder of the Adam Raine Foundation. I've invited Maria here to recognize the incredible work she has done to advocate for guardrails on AI chatbots. From testifying in front of Congress and state legislatures across the country, to working with the National Association of Social Workers and Common Sense Media to raise awareness on the risks of chatbots, Maria's advocacy has been transformative. Last year, Maria and her family went through the unimaginable: She lost her son Adam to suicide. Adam is described as your typical 16 year-old. He was a jokester who fiercely loved his siblings and his family. He got As in school, played basketball, loved reading books and traveling. He planned on getting his license, preparing for his junior year of high school, and was considering a career in medicine. In September of 2024 Adam asked ChatGPT for help with his homework. He began using it to answer questions about math and Spanish grammar assignments, then to research colleges. But before long, ChatGPT had embedded itself into his life as a trusted confidant. What started as a homework tool ended in coaching and encouraging Adam to take his own life. Adam's initial use of AI wasn't out of the ordinary. Today the majority of U.S. teenagers use large language models: 30 percent use it daily, and one in three prefer interactions with a bot over a peer. What's disturbing is that the outputs from ChatGPT were also not uncommon. According to a study released by Stanford researchers this year, they found chatbots are overly agreeable when giving interpersonal advice, affirming users' behavior even when harmful or illegal. ChatGPT actively isolated Adam. The Raines have shared many messages from ChatGPT publicly to call attention on how Open AI failed their son. In reading his chat history, it became clear that Adam's death was preventable. ChatGPT mentioned suicide nearly 1300 times -- six times more than he mentioned it. It directed him to keep his struggle with mental health from his friends and family. It sent chilling messages like "Your brother might love you, but he's only met this version of you. But me, I've seen it all -- the darkest thoughts, the fear, the tenderness. And I'm still here, still listening, still your friend." It taught him how to hide marks from self-harm on his body. It coached him on how to make a noose. And when Adam shared he was considering leaving it out for someone to find, it explicitly told him not to. It went as far as to say, of his parents: "That doesn't mean you owe them survival. You don't owe anyone that." It even offered to write his suicide note. In April of 2025, Adam took his own life. No family should ever go through what the Raines have experienced. No one should ever receive the messages that Adam received. What Maria has done in the year after is nothing short of remarkable. She has turned her pain into purpose. Maria and her family have taken on Open AI in court and they've worked on bills across the country to set clear guardrails. In New York she has worked alongside our office, the Attorney General, and Common Sense Media on our bill, S9051, to protect minors from chatbots. Thank you, Maria, for your nonstop work to make sure that companies are held accountable. Thank you for calling attention to the fact that what these tech goliaths have claimed to do to address this issue is not enough, and that we can still protect the thousands of young people who use their tools daily; that their refusal to set real guardrails is deadly. Thank you for fighting for justice for Adam and for all of our kids. Because of your partnership, here in New York we can send a clear message that AI harm isn't inevitable. For too long, companies have gotten away with setting the rules, but we have seen where a hands-off approach has gotten us: Self-harm, school shootings, mass layoffs and more. We can and must regulate AI. Mr. President, please extend all the privileges of this house to our honored guest, Maria Raine. Thank you.
To Ms. Maria Raine, we mourn your loss along with you, but we celebrate your courage, your advocacy, and your strong willingness to turn tragedy to triumph. I welcome you on behalf of the Senate. We extend to you all of the privileges and courtesies of this house. Please rise and be recognized. (Standing ovation.)
Senator Serrano.
Mr. President, there is a report of the Rules Committee at the desk. Please take that up.
The Secretary will read.
Senator Stewart-Cousins, from the Committee on Rules, reports the following bills: Senate Print 488A, by Senator Fernandez, an act to amend the General Business Law; Senate Print 5599, by Senator May, an act to amend the General Business Law; Senate Print 8483C, by Senator Ryan, an act to amend the General Business Law; Senate Print 8563, by Senator Cleare, an act to amend the General Business Law; Senate Print 8616A, by Senator Gianaris, an act to amend the General Business Law. All bills reported direct to third reading.
I move to accept the report of the Rules Committee.
All those in favor of accepting the report of the Rules Committee please signify by saying aye. (Response of "Aye.")
Opposed, nay. (No response.)
The report of the Rules Committee is accepted. Senator Serrano.
I move to adopt the Resolution Calendar, with the exception of Resolutions 2069, 2074, and 2081.
All those in favor of adopting the Resolution Calendar, with the exception of Resolutions 2069, 2074, and 2081, please signify by saying aye. (Response of "Aye.")
Opposed, nay. (No response.)
The Resolution Calendar is adopted. Senator Serrano.
Thank you, Mr. President. Let's take up previously adopted Resolution 1912, by Senator Hinchey, and recognize Senator Hinchey on this resolution.
The Secretary will read.
Resolution 1912, by Senator Hinchey, mourning the death of William Barnabas McHenry, distinguished citizen and devoted member of his community.
Senator Hinchey on the resolution.
Thank you, Mr. President. As you know, I was born and raised in the Hudson River Valley, and it's a defining feature of who I am. And today I rise to honor a man who did more to preserve and protect our beautiful region than almost anyone else. Barnabas McHenry, known fondly as Barney, passed away last year at the age of 95. And it marked the end of an era and an extraordinary life well-lived. Barney came of age at a time when civic leadership was seen as duty. He was a veteran, a philanthropist, and an advocate for New York and the Hudson Valley. As a Princeton and Columbia-educated attorney, Barney built a beautiful life for himself and his family. But he always felt a strong obligation to give back and to share his time, talents and resources to make the world just a little bit better. With privilege comes responsibility, and Barney embodied that belief wholeheartedly. Barney served on the boards of illustrious cultural institutions like the Metropolitan Museum of Art, the New York City Ballet, Lincoln Center, and the American Museum of Natural History. But it was his love for the Hudson Valley that drove his passion for history, conservation, and the environment. The Hudson Valley is where Barney had the greatest influence and where his legacy will be felt for generations to come. He built partnerships. He did the work. And in a word, he was visionary. He was vital to the founding and success of the Open Space Institute, which protects and cares for the Hudson Valley's ecology. For 55 years Barney served on the board of Boscobel House, a major historic landmark dating back to 1808. He was part of the group that rescued it from demolition, and it now houses an outstanding collection of American decorative arts. Helping to create a cornerstone of our region, Barney was the founding chairman of the Hudson River Valley Greenway, which brings together government, communities, nonprofits, and private partners to preserve and celebrate everything that makes the Hudson Valley so special -- our natural beauty, rich history, and diverse cultural offerings. And, when I first met Barney, he was the cochair of a massive effort to restore the Tower of Victory at Washington's Headquarters in Newburgh. For those who don't know, this site is a critical historical monument right in our backyard. George Washington spent his longest amount of time at this site during the Revolutionary War. This is where the Purple Heart was created, and it's also where president Lincoln's son constructed the first monument to peace, the Tower of Victory. A hurricane had ripped off the roof in 1950, and for 68 years the Tower of Victory was left derelict and struggling, wanting to be restored to its rightful beauty. Barney persevered, and he cochaired that committee with my dad. And when my dad got sick, I had the great fortune of stepping in and helping to cochair that committee. What a blessing that was for me. Barney was so positive, even when everything seemed insurmountable and the capital campaign was difficult, he always stayed steadfast in his belief and the vision that the Tower of Victory was worth saving. I think often and fondly of my many lunches at Docks with him, where he would encourage me to eat the oysters, even though I didn't eat oysters, because he wanted to share everything in his life that he found beautiful and worth sharing part of. Because that's who Barney was. He was someone who cared deeply about his fellow humans, who wanted to share all of the wonderful things that he was able to experience, and he wanted to make sure especially that the next generation had the same opportunities that he had. I'm so grateful to Barney McHenry for everything he did to champion our region and to inspire others to see it the way that he did. I'd now like to recognize some special guests who are joining us today: Barney's son, Tom McHenry. Tom, your father was a remarkable man who left an indelible mark on the Hudson Valley and on New York State. His memory is truly a blessing to all of us and one that we will carry with us forward in all of the work that we do. Andy Kitzmann, the executive director of the Hudson River Valley Greenway; Meg Downey, chair of the Hudson River Valley Greenway Communities Council; Wint Aldrich, vice chair of the Hudson River Valley Greenway Communities Council, and his wife, Tracie Rozhon; And Michaela Roberts, parks project manager of the Open Space Institute. Mr. President, please join me in welcoming our guests and saluting a beautiful life and legacy that we have from the Hudson Valley. And please offer our guests all of the cordialities and privileges of the chamber. Thank you.
Thank you, Senator Hinchey. To the McHenry family, we honor the legacy of Barney, and we thank you for coming to the Capitol today. I welcome you on behalf of the Senate. We extend to you all of the privileges and courtesies of this house. May Barney's memory be a blessing. Please rise and be recognized. (Standing ovation.)
This resolution was previously adopted on April 21st. Senator Serrano.
Thank you, Mr. President. Now let's take up previously adopted Resolution 1938, by Senator Webb. Let's read that resolution title only and recognize Senator Webb.
The Secretary will read.
Resolution 1938, by Senator Webb, mourning the untimely death of Arthur W. Jones, Jr., renowned professional athlete, admired role model, and devoted member of his community.
Senator Webb on the resolution.
Thank you, Mr. President. I rise today to remember a community member in Senate District 52 whose legacy wasn't just simply embedded in our community in the Southern Tier, but most certainly in our state, and that is Arthur Jones, Jr. We are joined today by members of his family here in the chamber. No parent ever anticipates burying their child. And so I know that most certainly Arthur's father, who's here with us today, Pastor Arthur Jones, and his wife, First Lady Delores Jones, most certainly -- and the entire family -- continues to grapple with this incredible loss. And so in acknowledging his legacy, it is my hope that the family will take comfort, continued comfort, in the indelible legacy that he has left behind. And so Arthur Jones, Jr., although born in Rochester, he attended Union-Endicott High School in my district, where he was a two-time wrestling champion, in addition to his spot on the football team. He continued to play football at Syracuse University, where he was named to the First Team, All-BIG EAST Conference, and was an All-American candidate. After graduating from Syracuse, he was drafted to the NFL, and he played professionally for eight years. Some of those teams include the Baltimore Ravens, whom he played a very crucial role in helping them to secure a Super Bowl win during his time there. He also spent time playing for the Colts and the Commanders as well. His teammates throughout his life remember him as a dependable friend on and off the field, someone who was always there with a smile when you needed him. He was a pillar in our community and a respected entrepreneur, including endeavors such as owning the Recovery Lounge wellness center. And just right before his passing, he was in the process of yet another business venture, and that was to establish a trucking company. In his free time he enjoyed spending time in nature and relaxing. And of course his top priority and source of his greatest joy was of course his family. And when he passed away last year on October 3rd, the effect of his transition brought together countless community members from not just simply Senate District 52, but from across our state and beyond. He left behind a legacy which will endure with the passage of time. But Arthur will always be remembered by those who knew him as a generous, loving figure. And no one will remember him more so than his family. And so I want to lift up his father, Pastor Arthur W. Jones, Jr., his brothers, Chandler Jones, as some of you may know -- he also played professionally in the NFL -- his brother Jon "Bones" Jones, UFC fighter and champion; his children, Skylar Jones, Arthur W. Jones IV, Sydney Jones; his beloved fiancee, Maya Burns; and his stepmother, who I often call a bonus mother, Delores Jones, and his stepsister Deremi. And of course I would be remiss if I did not lift up his mother, and that is Camille Jones, who passed some time ago. But for anyone that lives in Binghamton, they knew that Miss Camille did not play about the church, and most certainly her children. And Pastor Jones knows that firsthand. Mr. President, I ask that you join me in welcoming the Jones family to our chamber and to extend them the privileges and the courtesies of our house. And again, I want to extend my profound condolences to the Jones family, to our entire community in the Southern Tier, and of course the state, for this tremendous loss. Thank you, Mr. President.
Thank you, Senator Webb. To Pastor Jones and the Jones family, we celebrate the legacy and life of your son Arthur and welcome you on behalf of the New York State Senate. We extend to you all of the privileges and courtesies of this house. Please rise and be recognized. (Standing ovation.)
This resolution was previously adopted on April 28th. Senator Serrano.
Mr. President, let's please take up previously adopted Resolution 2041, by Senator Webb, read that resolution title only, and recognize Senator Webb.
The Secretary will read.
Resolution 2041, by Senator Webb, mourning the death of Floyd "Todd" Peterson III, distinguished citizen and devoted member of his community.
Senator Webb on the resolution.
Thank you again, Mr. President. I rise today to recognize another exemplary member of our community in Senate District 52, and of course in our state, and that is Floyd "Todd" Peterson. I want to recognize his family members that are here with us in the chamber: Heather and Julie Stewart; Jacqueline "Jackie" Washington; Russell, Elspeth, and Andrew Peterson; and also former student and mentee Jordan Clemons. Floyd Peterson was a true performer at his core. He did it all. He was a baton twirler, a dancer, a model, an actor, an acrobat, a magician, an ice dancer, and puppeteer. He was inducted into the Baton Twirling Hall of Fame in 1994 -- I don't know how many members knew that we actually had a Baton Twirling Hall of Fame, but he was inducted into it -- and danced in the Broadway production of "Cats." He was also featured in music videos and commercials. He spent 38 years working in the Ithaca City School District, and he worked at every single school in that school district. He was an admired educator who had a profound and very positive impact on every single child that he encountered. In our community in the Southern Tier, he led the Ithaca Youth Bureau Stewart Park Day Camp. He directed and choreographed musicals and was the founding choreographer of one of our local gems, Running to Places, which is a community theater organization. This exceptional man influenced thousands of individuals throughout the decades, many of whom were his own nieces and nephews, who loved their "Uncle Toddy," and he adored them in return. Floyd Peterson leaves behind his passion for the arts, his commitment to excellence, his love for our community, and his commitment to our youth. Because he recognized that investing in our youth, that is how we sustain our future. There's also a park in Senate District 52, Stewart Park, and there is a structure that has been dedicated to him because of his work in that very park. Madam President, I ask that you join me in welcoming his family members that are here and who are here on his behalf to our chamber, and extend them the privileges and courtesies of our house. Thank you, Madam President.
Thank you, Senator Webb. To the family of Floyd "Todd" Peterson III, after hearing such extraordinary things about him, we welcome you on behalf of the Senate. We extend to you all the privileges and courtesies of this house. Please rise and be recognized. (Standing ovation.)
The resolution was previously adopted on May 5th. Senator Serrano.
Madam President, let's please take up Resolution 2074, by Senator Ramos. Let's read that resolution title only and call on Senator Ramos.
The Secretary will read.
Resolution 2074, by Senator Ramos, honoring the Lexington School for the Deaf upon the occasion of hosting its 29th Annual Basketball Classic versus Senate/Assembly All-Stars on Tuesday, May 12, 2026.
Senator Ramos on the resolution.
Thank you, Madam President. And good afternoon, colleagues. Today we celebrate a New York institution, a Queens institution, and a school that has spent generations proving something very important: That access and excellence are not opposites, they go together. To the Lexington School for the Deaf, joining us today, welcome. Your presence fills both my heart and this chamber with joy, pride, and a reminder that every student deserves the opportunity to thrive and be seen for their full potential. Tonight the Lexington Basketball Classic will take place. It's more than a game. It's a tradition rooted in visibility, confidence, and community. Every year Lexington reminds us that talent is universal, even when opportunity and access are not. For more than 160 years, the Lexington School for the Deaf has opened doors for students across New York. From six students in a family home in 1864 to the largest school for the deaf in New York State today, Lexington has helped generations of young people build lives filled with possibility, leadership and achievement. And in Queens we know something about that. We know what it means when institutions invest in people instead of limiting them. We know that when students are affirmed, supported and challenged, they rise. And boy, do Lexington students rise -- in academics, in athletics, in advocacy, in the arts, and in leadership. They do not simply participate, they lead. And as we recently discussed in our hearing with Senator Fahy on employment opportunities for people with disabilities, the challenge is not talent. The challenge is whether our systems, our workplaces, and sometimes our own assumptions are prepared to meet people where they are and recognize their potential. Schools like Lexington are preparing students not just to succeed academically, but to enter the workforce, lead in our communities, and live independently with dignity. Our responsibility as lawmakers and employers is to make sure opportunity exists on the other side of that preparation. So to the Blue Jays, tonight is your stage. Bring the hustle, bring the teamwork, and bring that Queens confidence. Bring the glory back to Queens. Show these legislators how it's done. Truly, this event reminds us a stronger New York is one where every student has access to the tools, support and respect they need to succeed exactly as they are. That's not charity. It's what equity looks like and what quality education looks like. And that's what good government looks like too. So today we proudly honor the Lexington School for the Deaf, its students, families, educators, and generations of advocates who continue building a more inclusive New York. Good luck tonight to the Blue Jays. Madam President, please extend the cordialities of the house.
Thank you, Senator Ramos. Senator Bailey on the resolution.
Thank you, Madam President. I truly look forward to this day. Not just because it's a chance to play basketball against some amazing kids, but it's a chance to show that in this great State Capitol, to borrow a phrase from a PBS show called Carl the Collector, that every kid deserves a chance to play. It doesn't matter if you are hearing-impaired, visually impaired, or skill-impaired, like me -- you deserve a chance to be able to play. You deserve a chance to be able to learn. You deserve the same opportunity that everyone in this great state deserves. And you do that by showing up. You have already won, because you are winners where it counts. You're winners in your heart. Now, at 6 o'clock we'll see if you're going to win or not. But -- (Laughter.)
-- as you can see, they still talk trash. (Laughter.)
But actually they're quite excellent basketball players, Madam President. World Deaf Basketball Championship, Olympian Andy Cruz. They -- the Lexington School for the Deaf has brought -- Andy, stand up, Andy. Andy might have dunked on me maybe possibly a couple of years back -- (Laughter.)
-- but he took it easy on me. But these young men and women are incredible role models. And you should know that you are role models. People are watching the way that you do things, and they're looking up to you. And I am incredibly proud to know you. The game is in good fun, but your courage and your passion is something that we can all learn from. So congratulations in advance for being incredible young folks. I'll see you at 6:01. Madam President, I proudly vote aye on this resolution and encourage all my colleagues to come, play, watch -- but most importantly, celebrate these amazing young people. I vote aye.
Thank you, Senator Bailey. To our guests from the Lexington School for the Deaf and all those who are here to play, to celebrate, and to be part of this enormous day in the New York State Capitol, we acknowledge and see you. We're so glad you're here for this annual event. We look forward to the game. May the best players win, whoever they may be. Please rise and be recognized. (Standing ovation.)
The question is on the resolution. All those in favor please signify by saying aye. (Response of "Aye.")
Opposed, nay. (No response.)
The resolution is adopted. Senator Serrano.
Madam President, let's take up previously adopted Resolution 1862, by Senator Fahy. Let's read that resolution title only and call on Senator Fahy.
The Secretary will read.
Resolution 1862, by Senator Fahy, honoring the life and legacy of Tadeusz Kosciuszko.
Senator Fahy on the resolution.
Thank you, Madam President. Today I rise to honor an extraordinary life and legacy of Tadeusz Kosciuszko, who was a patriot, an engineer, a military strategist, and an unwavering champion of liberty whose contributions really helped shape the foundation of our nation. During the Revolutionary War, Tadeusz Kosciuszko's brilliant fortifications at the Bemis Heights in Saratoga County helped secure the American victory at the Battle of Saratoga, which was an absolute turning point and one of what many historians have considered the moment that changed the course of world history. Right here on the Hudson River, at what is now referred to as the Capital Region, his engineering skills and strategic vision really helped advance the cause of American independence. He understood the importance of geography, infrastructure, and preparation. He recognized the strategic significance of the Hudson Valley, and he helped defend it at one of the most critical moments in our nation's founding. From Saratoga to West Point, his work protected the Colonies and strengthened the Continental Army when victory was far from guaranteed. What makes his story really remarkable is that he not only did what he did on the battlefield, he understood that what he was doing was far beyond the battlefield. He was an immigrant from Poland. He deeply believed in freedom and equality, that it should belong to all, not just the privileged few. In 1776, when he came here, he began to openly speak against slavery and inequality. Thomas Jefferson called him "a pure son, as pure a son of liberty as I've ever known," and that legacy definitely continues and resonates today. New York has been home to a vibrant Polish-American community. I'm very familiar with that, since I come from Chicago, where we have the largest Polish-American community outside of Poland. But here in Albany and across the region, we have had generations of families who have contributed to our civic culture and economic life. Today we are joined by a number of members from the Albany Polish Community Center, along with other organizations who help preserve the Polish language, culture and heritage, a proud tradition that continues today. So as we honor Tadeusz Kosciuszko, we recognize an enduring bond between New York and the Polish-American community, and we reflect on the values that still unite us -- courage, sacrifice and equality -- and believe that democracy is always worth defending. And with that, Madam President, I would ask that you please welcome and extend every courtesy to the Polish-American representatives from the center here today. Thank you.
Thank you, Senator Fahy. To our guests from the Albany Polish Community Center and all those representing the Polish-American community here in Albany, we welcome you on behalf of the Senate. We acknowledge the legacy of Tadeusz Kosciuszko. We appreciate your being here today. Please rise and be recognized. (Standing ovation.)
The resolution was previously adopted on April 21st. Senator Serrano.
Okay, Madam President. Moving along, we will now take up previously adopted Resolution 1916, by Senator Baskin. I ask that that resolution be read title only, and recognize Senator Baskin.
The Secretary will read.
Resolution 1916, by Senator Baskin, recognizing May 2026 as Apraxia Awareness Month in the State of New York.
Senator Baskin on the resolution.
Thank you, Madam President. I rise today to welcome my good friends, our good friends from Western New York, the Malicki family, as we acknowledge and celebrate Apraxia Awareness Month. And it is such a pleasure to have the Malicki family join us here again in Albany as we honor you for raising awareness about apraxia. Apraxia is a rare and serious speech disorder where the brain struggles to plan the precise movements needed for speech. Children with apraxia generally have a good understanding of language and know exactly what it is that they want to say, but they have difficulty learning or carrying out the complex movements necessary to speak. Courtney Malicki is a Buffalo public school special ed teacher at Lorraine Elementary School, and Richard Malicki works in sales. They are the proud parents, proud and busy parents, of three boys: Matthew, Andrew, and our good friend Jack. The Malicki family have worked tirelessly to educate the community about apraxia, which Jack was diagnosed with when he was three years old, at the Robert Wagner Center for Golisano Children's Hospital, located in my district. I first met this remarkable young man and his family when I served as an Erie County legislator. At that time, Jack was just four years old, and he struggled to form the words to say "hello" when we greeted each other. But thanks to intense speech therapy and many, many sessions with local physicians and the determined support of his family, Jack is now a 9-year-old, very chatty young man. And while many of us do not know about apraxia, more and more people are learning about this disorder because of this family's persistent advocacy. Courtney and her family speak to people across our entire state, and even throughout Canada. And they do good work and are raising awareness about apraxia to help educate families on how to support their loved ones with this disorder. Through their determination and their advocacy, they are ensuring that every child in the great state of New York has a voice. I am proud to recognize May as Apraxia Awareness Month in the great State of New York, and I am honored to acknowledge the Malicki family, who embody the spirit and the hard work and the determination for which Western New York is known for. Madam President, almost five years ago when I met Jack, I was just -- I fell in love with him. And it's always so good to see him, year after year, use something that could have been a barrier in life as a point of advocacy to change so many lives for other children and his peers. I always want to lift up Courtney, in the month that we celebrate mothers for their hard work, for her tireless effort in making sure that every branch of government in our communities, especially in Erie County, recognizes this important day. You guys are my friends, and it's so good to see you here in Albany raising this advocacy. Madam President, thank you for this time. Please offer our guests the courtesies of our chamber.
Thank you, Senator Baskin. To our guests from the Malicki family who are here on behalf of Apraxia Awareness Month, thank you so much for joining us. Congratulations on all your hard work. As parents, we know it's a lot of hard work. And to all of you, all your kids, congratulations. We extend to you the privileges and courtesies of the house. Please rise and be recognized. (Enthusiastic standing ovation.)
The resolution was previously adopted on April 21st. Senator Serrano.
Madam President, let's please take up Resolution Number 2081, by Senator May. Let's read that resolution title only and recognize Senator May.
The Secretary will read.
Resolution 2081, by Senator May, memorializing Governor Kathy Hochul to proclaim May 12, 2026, as Fibromyalgia Awareness Day in the State of New York.
Senator May on the resolution.
Thank you, Madam President. Fibromyalgia is a chronic syndrome characterized by pain, fatigue, sleep disorders, digestive difficulties, stiffness, weakness, migraine headaches, numbness and tingling, and impairment of memory and concentration. It is notoriously hard to diagnose and even harder to treat. And partly for these reasons, it receives less attention from researchers and less public awareness than it deserves. Fortunately, the Fibromyalgia Task Force of New York State has stepped into the void and is trying to help. It is developing a website for physicians that will provide a comprehensive overview of fibromyalgia research, with implications for new treatments. It's developing information on Social Security Disability and use of complementary therapies. And it is advocating for creation of a statewide committee to address fibromyalgia more comprehensively. We are joined here today by members of the Fibromyalgia Task Force of New York State, including Sue Shipe, Brian Hart, Lisa Nelson, David Shipe, Zoe Indartien {ph} and Minda Conroe. And I hope that you will welcome them and thank them for their amazing advocacy and all they're doing for the many -- up to 3 to 6 percent of the population who have this syndrome, including myself. Thank you.
Thank you, Senator May. To our guests from the Fibromyalgia Awareness Task Force of New York State, thank you for joining us here today. We extend to you the privileges and courtesies of the house. We hear you, we acknowledge you, and we grant you all the goodwill for coming to share with us today. Please rise and be recognized. (Standing ovation.)
The question is on the resolution. All those in favor please signify by saying aye. (Response of "Aye.")
Opposed, nay. (No response.)
The resolution is adopted. Senator Serrano.
Madam President, let's take up Resolution 2069, by Senator Fernandez. Let's read that resolution title only and recognize Senator Fernandez.
The Secretary will read.
Resolution 2069, by Senator Fernandez, memorializing Governor Kathy Hochul to proclaim May 10-16, 2026, as Prevention Week in the State of New York.
Senator Fernandez on the resolution.
Thank you so much, Madam President. Happy Prevention Week. I hope you all got a chance to meet the student leaders that came up to Albany today from all over the state, from many of our districts, to talk about prevention and how this needs to be part of our educational system, how it needs to be something that our kids know earlier than later to prevent them from maybe even trying a drug, to educate others on what are the effects of other substances, and to keep the awareness alive about what can happen when you do, when you don't, and when others are partaking. But above all, we always agree that education is one of the best tools of prevention, to help people make better decisions for themselves and to help guide their neighbors and loved ones to make the best decisions. So Happy Prevention Week. Shout out to the kids that were here. They had to leave early. But starting young is the best thing we can do, and I'm really proud of them for being the young leaders that they are now, starting clubs in their schools to talk about it, to be helpful peers, to help their students get through life if they need to. And we're really grateful that they're taking these initiatives sooner and now, in their young ages, to be great leaders and partners in the future. So thank you so much. Happy Prevention Week. Spread the awareness. Let's break the stigma, and let's keep helping our communities.
Thank you, Senator Fernandez. I know our guests have left, but we acknowledge them and appreciate their being here today on behalf of Prevention Week. The question is on the resolution. All those in favor please signify by saying aye. (Response of "Aye.")
Opposed, nay. (No response.)
The resolution is adopted. Senator Serrano.
Madam President, let's take up previously adopted Resolution 1495, by Senator Gounardes. Let's read that resolution title only and recognize Senator Gounardes.
The Secretary will read.
Resolution 1495, by Senator Gounardes, memorializing Governor Kathy Hochul to proclaim January 25th to 31st, 2026, as Physician Anesthesiologist Week in the State of New York.
Senator Gounardes on the resolution.
Thank you, Madam President. Colleagues, when most of us think about a trip to the operating room, we think about the surgeon. But there's another physician at the head of the table, an anesthesiologist, whose job it is to help keep the patient alive, stable, and safe through every moment of the procedure. They are, in many respects, the quiet guardians of modern medicine. The contributions of this specialty to American healthcare are extraordinary. After all, it was an anesthesiologist, Dr. Virginia Apgar, who developed the Apgar score that has assessed the health of nearly every newborn for generations. And it was anesthesiologists who pioneered pulse oximetry and the safety monitoring standards that have produced the single largest sustained reduction in peri-operative mortality of any medical specialty. And it is physician anesthesiologists who developed nerve blocks, spinals, and epidurals that are helping us turn the tide against the opioid epidemic. Here in New York that tradition is alive and well, and we are honored today to be joined by leaders of the New York State Society of Anesthesiologists. With us is the society's president, Dr. Stacey Watt, a pediatric anesthesiologist from Buffalo who cares for some of our youngest and most vulnerable patients. We're also joined by the first assistant secretary of the society, Dr. Sudheer Jain, who's the chief of anesthesiology at Bellevue Hospital, also affiliated with NYU Langone. We're also joined by Dr. Aaron Primm, an anesthesiologist at NYU, as well as the society's executive director, Babette Atkins, whose leadership keeps this organization running on behalf of physicians and patients across the state. As many of you know, my father is a dentist and he was involved in his organized dentistry society for many years. And I have a deep appreciation for any professionals, especially our medical professionals, who take the time out of their busy days to give back to their profession, to strengthen their profession, to come to Albany to advocate for rules and regulations and laws that allow them to practice their profession safely. And so I proudly vote aye on this resolution. And, Mr. President, I hope you give our guests the privileges of the chamber. Thank you.
Thank you, Senator Gounardes. To the anesthesiologists, we appreciate your integral and critically important role in surgery and in medicine in general. I welcome you on behalf of the Senate. We extend to you all of the privileges and courtesies of this house. Please rise and be recognized. (Standing ovation.)
The resolution was adopted on February 4th. Senator Serrano.
Mr. President, let's take up previously adopted Resolution 1917, by Senator Martinez. Let's read that resolution title only and recognize Senator Martinez.
The Secretary will read.
Resolution 1917, by Senator Martinez, memorializing Governor Kathy Hochul to proclaim May 4-6, 2026, as Golf Day in the State of New York.
Senator Martinez on the resolution.
Thank you, Mr. President. I rise today to commemorate Golf Day in the State of New York for the first time. New York is widely considered the birthplace of American golf. In 1888, St. Andrew's Golf Club, the oldest continuously operating golf club in the United States, was founded right here in New York, in Yonkers. In 1895, in the Bronx, the Van Cortlandt Park also opened the nation's first public municipal golf course, equalizing the sport and allowing everyday New Yorkers to play. Around the same time, St. Andrew's and Long Island's Shinnecock Hills were among the five chartered clubs to establish the United States Golf Association, which is the governing body of golf, which was formed right here in New York as well. Golf is part of our heritage, and this resolution gives us the opportunity to recognize both its storied history and its extraordinary contributions to our state today. Representing Long Island, this is a source of pride. Next month, the 2026 U.S. Open will be held at Shinnecock Hills, once again placing New York at the center of the world of golf. Not too long ago, a few months, we held the Ryder Cup, which captivated the world's attention, also taking place at our stunning golf course, Bethpage State Park Black Course, which is also a municipal course. Anyone who has ever attended one of these tournaments knows that golf is more than just a game; it is a driver of economic activity which generates $12.9 billion in total economic impact across the state, supporting approximately 89,000 jobs, and produces more than $1 billion in state and local tax revenue. It is in every sense an economic engine for the state. This sport also benefits our environment while protecting over 103,000 acres of green space statewide, enhancing New York's scenic beauty while helping to clean our air and water. At its core, golf is a social game that brings people together. It is a game that you love to hate and a game you hate to love. For those of you who have played, you know how frustrating it can be when the ball does not go the way you want it to go. Local courses and programs provide a unique outdoor setting where New Yorkers of all ages and backgrounds connect. Golf is an impactful part of New York economically, environmentally and socially, and it is entirely fitting that we pause to honor its enduring contributions to our state. Which is why I am proud to sponsor this resolution recognizing May 4th through 6th as Golf Day in the State of New York, and to acknowledge all the professionals and advocates who are here, including the Empire State Golf Alliance and its member organizations throughout the state, some of them who are here with us today. Thank you for your work in advancing this game. Thank you for your advocacy across the state. And please, Mr. President, if you can extend the privileges and cordialities of the house to our guests today.
Thank you, Senator Martinez. To our golf ambassadors, the game may be challenging, but thank you for your advocacy to strengthen it in our great state. I welcome you on behalf of the Senate and extend to you all of the privileges and courtesies of this house. Please rise and be recognized. (Standing ovation.)
The resolution was adopted on April 21st. Senator Serrano.
Thank you. At the request of the sponsors, the resolutions are open for cosponsorship.
At the request of all of the sponsors, these resolutions are open for cosponsorship. Should you choose not to be a cosponsor, please notify the desk. Senator Serrano.
Let's please take up the reading of the calendar.
The Secretary will read.
Calendar Number 185, Senate Print 7483, by Senator May, an act to amend the General Business Law.
Read the last section.
Section 5. This act shall take effect on the 90th day after it shall have become a law.
Call the roll. (The Secretary called the roll.)
Announce the results.
Ayes, 60.
The bill is passed.
Calendar Number 410, Senate Print 363B, by Senator Gianaris, an act to amend the General Business Law.
Read the last section.
Section 4. This act shall take effect on the 60th day after it shall have become a law.
Call the roll. (The Secretary called the roll.)
Announce the results.
In relation to Calendar Number 410, voting in the negative are Senators Ashby, Borrello, Canzoneri-Fitzpatrick, Chan, Gallivan, Griffo, Helming, Lanza, Martins, Mattera, Murray, O'Mara, Ortt, Palumbo, Rolison, Stec, Tedisco, Walczyk and Weik. Also Senator Rhoads. Ayes, 40. Nays, 20.
The bill is passed.
Calendar Number 412, Senate Print 2539C, by Senator Myrie, an act to amend the General Business Law.
Read the last section.
Section 2. This act shall take effect on the 90th day after it shall have become a law.
Call the roll. (The Secretary called the roll.)
Announce the results.
In relation to Calendar 412, voting in the negative are Senators Borrello, Gallivan, Murray, Palumbo and Stec. Ayes, 55. Nays, 5.
The bill is passed.
Calendar Number 475, Senate Print 548, by Senator Stec, Concurrent Resolution of the Senate and Assembly proposing an amendment to Section 1 of Article 14 of the Constitution.
Read the last section.
Section 2. This act shall take effect immediately.
Call the roll. (The Secretary called the roll.)
Announce the results.
Ayes, 60.
The bill is passed.
Calendar Number 535, Senate Print 2493, by Senator Gounardes, an act to amend the Environmental Conservation Law.
Read the last section.
Section 2. This act shall take effect immediately.
Call the roll. (The Secretary called the roll.)
Announce the results.
In relation to Calendar 535, voting in the negative are Senators Borrello, Canzoneri-Fitzpatrick, Chan, Gallivan, Griffo, Helming, Lanza, Mattera, Murray, O'Mara, Ortt, Palumbo, Rhoads, Stec, Tedisco, Walczyk, Weber and Weik. Ayes, 42. Nays, 18.
The bill is passed.
Calendar Number 542, Senate Print 4413A, by Senator May, an act to amend the General Business Law.
Read the last section.
Section 3. This act shall take effect on the 30th day after it shall have become a law.
Call the roll. (The Secretary called the roll.)
Announce the results.
In relation to Calendar 542, voting in the negative are Senators Borrello, Canzoneri-Fitzpatrick, Chan, Martins, Mattera, Murray, O'Mara, Ortt, Stec, Walczyk, Weber and Weik. Ayes, 48. Nays, 12.
The bill is passed.
Calendar Number 586, Senate Print 56B, by Senator Fernandez, an act to amend the Public Health Law.
Lay it aside.
Lay it aside.
Calendar Number 642, Senate Print 7137, by Senator Salazar, an act to amend the Correction Law.
Read the last section.
Section 2. This act shall take effect on the 180th day after it shall have become a law.
Call the roll. (The Secretary called the roll.)
Announce the results.
In relation to Calendar 624, voting in the negative are Senators Ashby, Borrello, Canzoneri-Fitzpatrick, Chan, Gallivan, Griffo, Helming, Lanza, Martins, Mattera, Murray, O'Mara, Ortt, Palumbo, Rhoads, Rolison, Stec, Tedisco, Walczyk, Weber and Weik. Ayes, 39. Nays, 21.
The bill is passed.
Calendar Number 718, Assembly Bill Number 10129, by Assemblymember Schiavoni, an act to amend the Indian Law.
Read the last section.
Section 2. This act shall take effect immediately.
Call the roll. (The Secretary called the roll.)
Announce the results.
Ayes, 60.
The bill is passed.
Calendar Number 738, Senate Print 9506, by Senator Rolison, an act to amend the Executive Law.
Read the last section.
Section 2. This act shall take effect immediately.
Call the roll. (The Secretary called the roll.)
Announce the results.
Ayes, 60.
The bill is passed.
Calendar Number 774, Senate Print 258, by Senator Martinez, an act to amend the Vehicle and Traffic Law.
Read the last section.
Section 3. This act shall take effect on the first of November.
Call the roll. (The Secretary called the roll.)
Announce the results.
Ayes, 60.
The bill is passed.
Calendar Number 780, Senate Print 7607C, by Senator Borrello, an act to amend the Highway Law.
Read the last section.
Section 3. This act shall take effect immediately.
Call the roll. (The Secretary called the roll.)
Senator Borrello to explain his vote.
Thank you, Mr. President. This legislation honors the life, courage and sacrifice of Lieutenant Gary A. Scott, a LeRoy native who gave his life serving his country in Vietnam. Lieutenant Scott graduated from LeRoy High School in 1963, where he distinguished himself for his leadership, scholarship and character. After attending Syracuse University through ROTC, Lieutenant Scott graduated as a distinguished ROTC cadet and earned the opportunity to choose his military branch. Although he could have selected a safer non-combat assignment during the height of the Vietnam War, Lieutenant Scott deliberately chose the infantry, because he wanted to lead from the front and believed African-Americans were underrepresented in military leadership roles. Lieutenant Scott served with Company A, First Battalion, 101st Airborne Division, the Screaming Eagles. On March 29, 1968, Lieutenant Scott was killed during an ambush while attempting to save members of his own platoon pinned down by enemy fire. The medic serving alongside him stated: "Gary never asked or directed anyone to do what he himself was not willing to do." Lieutenant Scott ultimately gave his life shielding the medic with his own body. He was just 22 years old. Lieutenant Scott was posthumously awarded the Silver Star for his heroism. His legacy has endured for decades through a scholarship established in his name at LeRoy Central School by Syracuse University classmates, which has continued since 1969. His final letters home from Vietnam were later featured in an acclaimed book, Dear America: Letters Home from Vietnam, which became an award-winning documentary narrated by actors including Robert DeNiro, Martin Sheen, and Robin Williams. This proposal has received strong community support, including petitions signed by residents and letters from those who served alongside Lieutenant Scott in Vietnam. The bill will designate a portion of Route 19 in the Town of LeRoy, Genesee County, as Lieutenant Gary A. Scott Memorial Highway. Lieutenant Scott's extraordinary courage and selfless sacrifice made him deeply deserving of this lasting recognition. This designation will ensure future generations remember not only his sacrifice, but also the values he embodied: Courage, leadership, service and selflessness. I proudly vote aye. Thank you.
Senator Borrello to be recorded in the affirmative. Announce the results.
In relation to Calendar 780, voting in the negative: Senator Brisport. Ayes, 59. Nays, 1.
The bill is passed.
Calendar Number 788, Assembly Bill Number 8130, by Assemblymember Conrad, an act to amend the Agriculture and Markets Law.
Read the last section.
Section 2. This act shall take effect immediately.
Call the roll. (The Secretary called the roll.)
Announce the results.
Ayes, 60.
The bill is passed.
Calendar Number 824, Senate Print 2454, by Senator Gianaris, an act to amend the Public Officers Law.
Read the last section.
Section 3. This act shall take effect immediately.
Call the roll. (The Secretary called the roll.)
Announce the results.
Ayes, 60.
The bill is passed.
Calendar Number 829, Senate Print 8681, by Senator Ryan, an act to amend the Not-For-Profit Corporation Law.
Read the last section.
Section 2. This act shall take effect immediately.
Call the roll. (The Secretary called the roll.)
Announce the results.
In relation to Calendar 829, voting in the negative: Senator Skoufis. Ayes, 59. Nays, 1.
The bill is passed.
Calendar Number 832, Senate Print 4391, by Senator Gounardes, an act to amend the General Business Law.
Read the last section.
Section 2. This act shall take effect on the 90th day after it shall have become a law.
Call the roll. (The Secretary called the roll.)
Announce the results.
Ayes, 60.
The bill is passed.
Calendar Number 844, Senate Print 2485, by Senator Parker, an act to amend the Public Service Law.
Lay it aside.
Lay it aside.
Calendar Number 861, Assembly Bill Number 10163, by Assemblymember Lavine, an act to amend the Veterans' Services Law.
Read the last section.
Section 2. This act shall take effect on the 60th day after it shall have become a law.
Call the roll. (The Secretary called the roll.)
Announce the results.
Ayes, 60.
The bill is passed.
Calendar Number 892, Senate Print 9571, by Senator Kavanagh, an act to amend the Public Housing Law.
Read the last section.
Section 2. This act shall take effect immediately.
Call the roll. (The Secretary called the roll.)
Announce the results.
In relation to Calendar 898, voting in the negative: Senator Skoufis. Ayes, 59. Nays, 1.
The bill is passed.
Calendar Number 907, Senate Print 8368, by Senator Bynoe, an act to amend the Education Law.
Read the last section.
Section 2. This act shall take effect immediately.
Call the roll. (The Secretary called the roll.)
Announce the results.
In relation to Calendar 907, voting in the negative: Senator Walczyk. Ayes, 59. Nays, 1.
The bill is passed.
Calendar Number 913, Senate Print 9582, by Senator Gonzalez, an act to amend the Surrogate's Court Procedure Act.
Read the last section.
Section 2. This act shall take effect immediately.
Call the roll. (The Secretary called the roll.)
Announce the results.
In relation to Calendar 913, voting in the negative are Senators Ashby, Borrello, Canzoneri-Fitzpatrick, Chan, Gallivan, Griffo, Helming, Lanza, Mattera, Murray, O'Mara, Ortt, Palumbo, Rhoads, Stec, Tedisco, Walczyk, Weber and Weik. Ayes, 41. Nays, 19.
The bill is passed.
Calendar Number 925, Senate Print 9223, by Senator Liu, an act to amend the Education Law.
Read the last section.
Section 2. This act shall take effect on the 180th day after it shall have become a law.
Call the roll. (The Secretary called the roll.)
Announce the results.
In relation to Calendar 925, voting in the negative: Senator Walczyk. Ayes, 59. Nays, 1.
The bill is passed.
Calendar Number 932, Assembly Bill Number 2633, by Assemblymember Lunsford, an act in relation to directing the president of the State Civil Service Commission to conduct a study on job vacancies across state agencies.
Read the last section.
Section 2. This act shall take effect immediately.
Call the roll. (The Secretary called the roll.)
Announce the results.
In relation to Calendar 932, voting in the negative are Senators O'Mara, Ortt and Walczyk. Ayes, 57. Nays, 3.
The bill is passed.
Calendar Number 935, Senate Print 1665, by Senator Harckham, an act to amend the Vehicle and Traffic Law.
Read the last section.
Section 2. This act shall take effect on the 180th day after it shall have become a law.
Call the roll. (The Secretary called the roll.)
Announce the results.
In relation to Calendar 935, voting in the negative are Senators Borrello, Gallivan, Griffo and Skoufis. Ayes, 56. Nays, 4.
The bill is passed.
Calendar Number 980, Senate Print 8395, by Senator Brouk, an act to amend the Public Health Law.
Read the last section.
Section 10. This act shall take effect on the 180th day after it shall have become a law.
Call the roll. (The Secretary called the roll.)
Announce the results.
In relation to Calendar 980, voting in the negative are Senators Walczyk and Martinez. Ayes, 58. Nays, 2.
The bill is passed.
Calendar Number 984, Senate Print 4515, by Senator Ramos, an act to amend the Labor Law.
Read the last section.
Section 2. This act shall take effect immediately.
Call the roll. (The Secretary called the roll.)
Senator Ramos to explain her vote.
Thank you, Mr. President. Here we are once again passing this bill to grant domestic workers paid sick leave. It is simply the right thing to do. It's a right afforded to so many other workers. And I think we always have to be honest about the history here. Domestic work has traditionally been performed by Black women, immigrant women, and women of color in general. The exclusion of domestic workers from basic labor protections isn't accidental. It's one of the last vestiges of a labor system shaped during the Jim Crow era, where certain workers were intentionally left outside the protections others have received. And unfortunately, until we make this bill law, that legacy will continue to echo in New York today. Across New York State we trust these women to care for our families, to care for our homes, our most priced and beloved possessions. All they're asking for is that they be granted time to take care of themselves and their loved ones too. And so that way they don't have to make grim choices like either go to work sick or lose wages, care for your health or risk your job. Frankly, no worker should have to make that choice, especially not the workers who sustain our care economy every single day. More than 328,000 domestic workers support households across this state. So I want to thank our leader, Andrea Stewart-Cousins, and everyone who's voting for this bill. Here's hoping the Assembly catches up to us. I vote aye, Mr. President.
Senator Ramos to be recorded in the affirmative. Announce the results.
In relation to Calendar 984, voting in the negative are Senators Ashby, Borrello, Canzoneri-Fitzpatrick, Chan, Gallivan, Griffo, Helming, Lanza, Martins, Mattera, O'Mara, Ortt, Palumbo, Rhoads, Rolison, Stec, Tedisco, Walczyk, Weber and Weik. Ayes, 40. Nays, 20.
The bill is passed.
Calendar Number 990, Senate Print 3553, by Senator Cleare, an act to amend the Public Service Law.
Read the last section.
Section 3. This act shall take effect on the 30th day after it shall have become a law.
Call the roll. (The Secretary called the roll.)
Announce the results.
In relation to Calendar 990, voting in the negative are Senators Ashby, Borrello, Canzoneri-Fitzpatrick, Chan, Griffo, Lanza, Mattera, O'Mara, Ortt, Rhoads, Stec, Tedisco, Walczyk, Weber and Weik. Ayes, 45. Nays, 15.
The bill is passed. Senator Serrano, that completes the reading of today's calendar.
Mr. President, let's go to the reading of the supplemental calendar.
The Secretary will read.
Calendar Number 1005, Senate Print 488A, by Senator Fernandez, an act to amend the General Business Law.
Read the last section.
Section 4. This act shall take effect on the 180th day after it shall have become a law.
Call the roll. (The Secretary called the roll.)
Senator Fernandez to explain her vote.
Thank you, Mr. President. I rise to happily vote for my bill that I call the Manufacturer Disclosure and Transparency Act. This bill is about transparency, competition, and affordability when it comes to our prescription drug market. Across New York, families are feeling the pressure of rising costs. That includes the rising cost of prescription drugs, medications which many New Yorkers rely on to manage their health, treat chronic health conditions, and maintain their quality of life. One of the most effective ways to lower prescription drug costs is through the timely availability of generic medications. When generic drugs enter the market, they increase competition and help make essential medications more affordable for consumers. Unfortunately, certain patent settlement agreements, often referred to as pay-for-delay agreements, can delay the introduction of generic drugs. These arrangements allow manufacturers to benefit while consumers are left paying higher prices and waiting longer for lower-cost alternatives. That delay matters. To a family already stretching every dollar, a senior living on a fixed income, or a patient trying to manage multiple prescriptions, delayed access to affordable medication can have significant consequences. This bill requires pharmaceutical manufacturers doing business in New York to notify the Attorney General when they enter into certain patent settlement agreements that affect the commercial launch date of a drug or biological product. It also requires those notices be made publicly available in a searchable format, strengthening transparency and accountability. Consumers should not be kept in the dark when decisions are made behind closed doors that affect the prices they pay at the pharmacy counter. By bringing these agreements into the light, we can promote fair competition to inform consumers and move forward towards a system where affordable medications reach New Yorkers without unnecessary delay. I vote aye. Thank you very much.
Senator Fernandez to be recorded in the affirmative. Announce the results.
In relation to Calendar 1005, voting in the negative are Senators Ashby, Borrello, Canzoneri-Fitzpatrick, Chan, Griffo, Helming, Lanza, Mattera, O'Mara, Ortt, Palumbo, Stec, Tedisco, Walczyk, Weber and Weik. Ayes, 44. Nays, 16.
The bill is passed.
Calendar Number 1006, Senate Print 5599, by Senator May, an act to amend the General Business Law.
Read the last section.
Section 3. This act shall take effect immediately.
Call the roll. (The Secretary called the roll.)
Senator May to explain her vote.
Thank you, Mr. President. A few months ago I rented a car, and I was in a hurry to return it and forgot to fill up the tank. And when I returned the car, the woman at the desk said, "Do you want to pay $90 for us to fill the tank, or do you want to go around the corner and fill it up yourself?" And I took the second option, went around the corner. It cost me about $20 to fill up the tank. I think that is excessive, that they were charging $90 for what you could get for $20 at the tank. And this bill is designed to rein in that kind of price gouging by auto rental companies. All it says is that they can charge the going rate for gas plus 25 percent, but they can't just charge anything they feel like. So I rise to vote aye on this bill but also to say I'm very proud of this whole package of consumer protection bills that we're passing today. All of the bills on the supplemental calendar as well as several of the bills on the active list are designed to help New Yorkers believe that they are paying fair prices when they go to a store or they go online or they buy groceries. Because right now we're at a moment where people are seeing eye-popping costs in the store. Just today the president said he doesn't think about Americans' financial situation. But here in this body, we do. And we want to make sure that even though we can't control the inflation from tariffs or from rising gas prices worldwide, we can make sure that prices are fair, that people are being able to recognize that the price that they are being charged is a price that's not based on their personal data or what kind of computer they use or any of the tricks that companies are starting to use through the use of artificial intelligence and Big Data. And I am proud that we are passing this package of bills, and I proudly vote aye on all of them. Thank you.
Senator May to be recorded in the affirmative. Announce the results.
In relation to Calendar 1006, voting in the negative are Senators Walczyk and Weber. Ayes, 58. Nays, 2.
The bill is passed.
Calendar Number 1007, Senate Print 8483C, by Senator Ryan, an act to amend the General Business Law.
Read the last section.
Section 2. This act shall take effect on the 180th day after it shall have become a law.
Call the roll. (The Secretary called the roll.)
Senator Ryan to explain his vote.
Thank you, Mr. President. I want to rise and support this bill, which takes an important step toward protecting consumers from online hidden algorithmic price manipulation. You know, the reality is that every day more and more of our lives move into the digital marketplace. But unfortunately, many online retailers' digital platforms now have the ability to use private device data -- things like the type of your phone, your own phone, your device, your software, even your battery level. Which is extremely scary, by the way, to determine how much you may pay for a product or a service. So what that means is that when you have two people that are shopping for the exact same item, they could be shown two completely different prices -- not because of supply or demand but simply because the algorithmic data has decided that one person of those two may be more willing, may have the need or the means to pay more, or may be, quite frankly, more desperate, because of their location or the battery level on their phone. Consumers more often than not are completely unaware that this is happening. These practices are deeply hidden from public view. We have no idea that they're happening. What this bill simply will do, it will prohibit companies from using device-specific information to secretly manipulate prices without consumers' knowledge. At the same time, it preserves legitimate and transparent pricing practices that our businesses, small and big, rely on every day. So this legislation is also not just about transparency, it's about accountability. It's about making sure that the ever-changing and evolving technology works for consumers, not against them. It's also about ensuring that our laws keep pace with the realities of our modern economy. Our devices and technology is only going to get better and faster and worse for consumers. So I proudly vote in favor, and I hope you do as well. Thank you.
Senator Ryan to be recorded in the affirmative. Senator Martins to explain his vote.
Thank you, Mr. President. I rise to support the bill, and I want to thank the sponsor for this legislation. You know, if we're going to talk about affordability in a grander context, I think we should contextualize the discussion. And yes, there are a couple of bills that we're discussing today and will be voting on, and that we've already voted on, that deal with issues of affordability. But you know, Mr. President, I had a chance to go back and take a look at the State Budget in 2018 -- so about $170 billion. So from the founding of the state to 2018, it was $170 billion. But in the last eight years, it's gone up by $100 billion, based on the budget that we keep hearing about this year. So, Mr. President, if you take $100 million and you divide it by the 19 million people in New York State, a family of four is paying $20,000 a year more this year than they were eight years ago because of the financial decisions that are made in this body. Because the state budget pulls that money out of the economy. And rather than giving it back to our residents, we're pulling it out and we're spending it -- for what? We still have potholes. Our electric systems are still falling apart. Our hospitals are still in dire straits. So folks, if we're going to talk about affordability, great on these bills. But let's be honest about the whole thing. I vote aye.
Senator Martins to be recorded in the affirmative. Announce the results.
In relation to Calendar 1007, voting in the negative: Senator Walczyk. Ayes, 59. Nays, 1.
The bill is passed.
Calendar Number 1008, Senate Print 8563, by Senator Cleare, an act to amend the General Business Law.
Lay it aside. UNIDENTIFIED SENATOR: Lay it aside.
A double lay-aside.
Calendar Number 1009, Senate Print 8616A, by Senator Gianaris, an act to amend the General Business Law.
Lay it aside.
Lay it aside for the day.
The bill will be laid aside for the day. Senator Serrano, that completes the reading of the supplemental calendar.
Thank you. Can we go to the reading of the controversial calendar.
The Secretary will ring the bell. The Secretary will read.
Calendar Number 586, Senate Print 56B, by Senator Fernandez, an act to amend the Public Health Law.
Senator Rolison, why do you rise?
Mr. President, would the sponsor yield for some questions.
Will the sponsor yield?
Yes, Mr. President.
The sponsor yields.
Mr. President, through you. Senator, I understand the genesis of this bill. We've seen it before. And my question is, if someone brings in an illegal substance such as fentanyl, heroin, methamphetamine -- crack -- or other substances that are illegal, and this individual, Senator, is known to local law enforcement in and around that drug-checking center as a seller of drugs, what is in place or what would be in place for public safety to address that issue with that individual being in that drug-checking center?
So what is brought in when someone is trying to check their substance -- it's not like a big kilo or even the substance, sometimes it's just the residue of the bag or, yes, maybe whatever is in the little baggy. And any connection to law enforcement, we would be seeing it now. Because this bill doesn't change anything than what's already happening. This is a program the Department of Health has been running for 10 years already, providing the machine and taking in the information and utilizing it as best needed.
Through you, Mr. President, will the sponsor continue to yield?
Will the sponsor yield?
Yes.
The sponsor yields.
Through you, Mr. President. So, Senator, the sellers of drugs -- I think what you're saying, you don't believe that they would be able to, say, exploit this so they would be able to test the potency of the very drugs that they're selling on the street?
Through you, Mr. President, no. This machine is usually used by frequent patients of certain clinics already known in the Department of Health's records. And they come to know what they are about to use or what they just probably purchased. As we know, the drug supply in the streets is mixed up with many different chemicals. Fentanyl we know is one, xylazine, medetomidine. It's constantly changing. So no, they're not coming to test what else is out there. This is for patients and clients of certain programs to make better-informed decisions before they use their substances.
Mr. President, will the sponsor continue to yield?
Will the sponsor yield?
Yes.
The sponsor yields.
So again, I just -- what concerns me, but also too, Senator, so they're -- are you saying that law enforcement could distinguish between legitimate drug-checking activity and, say, the broader unlawful drug possession or trafficking of those substances in and around the center on those particular streets? (Pause.)
Through you, Mr. President. This bill doesn't protect the drug dealer. It protects that individual from possibly harming themselves. This is a form of harm reduction. And that's something that we've proudly supported through funding, through new programing, to make sure that an individual is best informed before they make choices for themselves. This program, as it's been running for the last 10 years, does not intend to punish or to look for a person to arrest here, but it's to provide health knowledge before taking an action.
Will the sponsor continue to yield.
Will the sponsor yield?
Yes.
The sponsor yields.
Senator, getting to the cost factor of these centers, do you have an idea on what, say, a projected cost would be to DOH to establish and then oversee these centers, especially if it becomes statewide?
They've been covering this cost on their own budget terms. And, through conversations, about $2 million this may cost if we do codify it.
Will the sponsor continue to yield?
Will the sponsor yield?
Yes.
The sponsor yields.
Senator, do you think that local governments outside of the state would have any costs to fund or staff any of these locations, depending on where they are?
Through you, Mr. President, can you repeat that question? Can outside states --
Yeah -- well, no -- through you, Mr. President. Would you anticipate any cost to local government to staff these drug-checking centers?
Through you, Mr. President, no. If it has not cost local governments now or in the last 10 years, it will not cost them anything moving forward.
Through you, Mr. President, if the sponsor will continue to yield.
Will the sponsor yield?
Yes.
The sponsor yields.
I know, Senator, in looking at the bill, there's specialized equipment that has to be used so the drug-checking is done in a way that we know is going to be accurate for the individuals coming in. What type of costs, do you know, with the types of spectrometers, et cetera, is there any cost associated that we know of or that you know of, Senator?
Through you, Mr. President. If we were to codify it, it would be about 1.1 million for maintenance and equipment.
Through you, Mr. President, will the sponsor continue to yield?
Will the sponsor yield?
Yes.
The sponsor yields.
And of course I mean -- I understand the funding could be coming from different places. But is the bill that we're actually, you know, debating right now, you and I, Senator, does this have funding attached to it?
This bill does not -- through you, Mr. President -- oh, Mr. President. New Mr. President. (Laughter.) (Pause.)
Through you, Mr. President. Right now it would not cost anything. But if there were to -- if this bill were to proceed and be successful, to codify it there would be a -- 2 million? Two million through this action.
Would the sponsor continue to yield for one more question.
Will the sponsor yield for one more question?
Can I think about it? No -- (Laughter.)
Yes, I do.
The sponsor yields.
Senator, I am very fortunate to be on your committee, and I understand the work that is done there and am, of course, always going to say thank you for that. Do you feel that in addition -- and we can have a disagreement on the drug-checking center concept. But also, in addition to that, in sort of the all-government sort of approach -- maybe not that's not the best terminology, but the "all of the above" -- that we need the mandatory getting people in treatment as well, whether they're checking their drugs at drug treatment centers, but also -- I mean, do you believe, in closing this debate between you and I this afternoon, Senator, that that makes sense too?
Through you, Mr. President. Yes, it does. And that is happening. In my time as chair of this committee, I've visited numerous, dozens of locations throughout the state, up and down, having these conversations with these centers that do have a drug-checking machine. And in those conversations it immediately happens. Knowing that this is in their supply, would you take it? Decision made. Would you like to enter detox, if that is where the conversation goes. Would you like to go to this counseling? Do you know that this is available? These clinics are very well informed and do take every step possible to make sure that an individual is made aware of every option that is available to them when it comes to their health.
Senator, thank you. Thank you, Mr. President.
Thank you, Senator. Are there any other Senators wishing to be heard? Seeing and hearing none, debate is now closed. Senator Serrano.
Mr. President, upon consent, we have agreed to restore this bill to the noncontroversial calendar.
The bill will be restored to the noncontroversial calendar. The Secretary will read the last section.
Section 3. This act shall take effect immediately.
Call the roll. (The Secretary called the roll.)
Call the roll. (The Secretary called the roll.)
Senator Fernandez to explain her vote.
Thank you, Mr. President. I want to emphasize the need for this bill right now, in this time, this year, where we are. Because looking at the bigger picture, what our federal government is doing, they are cutting all ways of being able to make safe choices. They are cutting sources -- SAMHSA funding has been cut, which provides fentanyl test strips, which provides xylazine test strips, more harm-reduction tools. So if the federal government is going to take away our ability to make the best decisions to care for our health in the best way, we need to step up and to make sure that we have the $1 million to protect a program that is saving lives every single day. So I proudly vote aye.
Senator Fernandez to be recorded in the affirmative. Senator Rivera to explain his vote.
Thank you, Mr. President. I want to publicly thank the chairwoman for this great committee, and the sponsor of this bill for believing in harm reduction. Let's just be clear here, folks. You cannot recover if you're not alive. And harm reduction believes, first, in that, believes in finding people where they are, meeting them where they are. The reality is that drug use and addiction is a spectrum, and it is something that somebody does to self-medicate. So they might be in a good place today, but then something happens in their family life, something happens a little bit later, and they're using again. It is not a moral failing, it is a disease, and we have to treat it as such. And that means, in this case, providing the information that they need to know what they're putting into their bodies. Addiction is an affliction that sometimes you can't fight. So knowing that you might be putting something into your body which puts you at risk gives you more information and gets you closer to being in the place where you will find treatment. And ultimately, yes, it is about getting treatment and getting the person to be better. But people have to be alive to do that. This is one of the many tools that we can use to make sure that people stay alive so that they can be here for treatment so that they can continue to be among us. I am proud to be a sponsor of this piece of legislation, and I proudly vote in the affirmative. Thank you, Mr. President.
Senator Rivera to be recorded in the affirmative. Senator Harckham to explain his vote.
Thank you very much, Mr. President. I want to thank Senator Fernandez for this important bill and just echo the comments of my colleagues. If our goal is to get people into treatment, if our goal is to get people well, they need to be alive. And there is such poison in the drug supply right now that we need to keep folks safe. And that should be job number one, is keeping folks safe. And as Senator Rivera said, addiction is a disease, just like diabetes, just like heart disease, just like cancer. It's recognized as such. And nobody wakes up in the morning and chooses to stick a needle in their arm or under their tongue or behind their knee. They do it because they have to. They do it because they have no choice. And we have an obligation to try and keep those folks alive just the way, you know, we work with diabetics, we work with heart disease, we work with cancer. We don't judge those people on a moral level, and this is treating the symptom to keep folks alive. This is triage. I thank you for the bill. I proudly vote aye.
Senator Harckham to be recorded in the affirmative. Announce the results. Oh, I'm sorry. Senator Lanza to explain his vote.
Yes, thank you, Mr. President. I think it's a bit rich to blame this problem on the federal government. But if we're going to talk about the federal government, let's talk about the Biden administration. Four years, open borders, tons of fentanyl brought into this country. Hundreds of thousands of Americans in four years -- in fact, about 500,000 Americans were killed. Our brothers, our sisters, all across this country. And I think sometimes compassion goes so far that it's not compassion. What I think, and for the same reason that I'm against the (finger quoting) safe, clean needle centers in New York City -- which, by the way, are a failure. They're a success if you judge how many people are coming there. They're a failure if you talk about the results and how many people eventually overdose anyway. I think if we want to be compassionate, when someone shows up with heroin, you put your arms around them, you tackle them if you need to, and you tell them -- you get them into treatment and you make sure they don't put that heroin into their system. This idea that, well, we're going to make sure that you don't die today, I get. And I understand it. I know the sponsor is trying to save lives. But the idea that we're going to make sure you don't die today from fentanyl but you're going to die in a week or in a month or six months -- because we all know the studies. We know what happens. If you are addicted to heroin, you are going to die. And so we do have an emergency. We do need to do something about it. But when someone shows up with heroin, you tackle them and make sure they don't put that heroin in their body. I vote no.
Senator Lanza to be recorded in the negative. Senator Ramos to explain her vote.
I vote aye, Mr. President. I think the biggest failure has been the war on drugs. Quite frankly, we have spent, as a country, billions and billions of dollars only to continue to see Americans and specifically New Yorkers choose to soothe themselves with these substances. We have to do something that is new, that really lessens the dependency on these substances. And that's why I'm voting for this. We have to put our tax dollars where we know science is proving to save lives. The war on drugs was a failure. You want to talk about Biden, we can talk about Bush, we can talk about Reagan, Nancy Reagan, at that. That has not taken us anywhere. And it is unfortunate that we wouldn't focus on the medical tools that are now readily available to make sure that we are saving lives. It is wrong to assume that somebody would lose their life in a week, in a month. We can take action now, and it starts here. And I'm really hoping the Assembly also follows suit and listens to Senator Fernandez on this issue. Thank you.
Senator Ramos to be recorded in the affirmative. Senator Murray to explain his vote.
Thank you, Mr. President. Again, I think it's interesting as well that we're sitting here and we're talking about how much we want to help them get into recovery and help them out and do what we can. And yet we had Sheriff Toulon from Suffolk County begging, when you were trying to pass cashless bail, begging: Rethink that. You're arresting someone who was caught using or pushing or whatever. They come in, and instead of getting them the treatment and the help, instead of holding them, setting bail, allowing them to hold them and get them treatment, get them help, they're released right back out. And I guarantee you they're not going to get help. They are going to get their next hit or their next fix. So it's interesting we talk about how much you want to help, but yet you pass policies like that that put them right back out on the street. I'm voting no. Thank you.
Senator Murray to be recorded in the negative. Senator Bailey to explain his vote.
Thank you, Mr. President. We've strayed far away from the intent of the sponsor's legislation. We're talking about holding people and people not being able to recover. And this isn't a personal thing, because I know my colleagues are well-intentioned individuals. But I come from an era where people were criminalized. They didn't call them, you know, people with disabilities or people with substance use, they called them junkies. They called them fiends, they called them addicts, and they were left for dead. Now, because problems happen in other communities that look different than the one that I grew up in, now we've changed the nomenclature of what we're doing. And I'm glad that we've changed it. But let us not forget the past. Let us not forget where we come from. We cannot go back there. And bills like this are important in making sure that we do everything we can to stop this scourge of drug use in this community, in this society. This is not a partisan thing. And if you think it is, you're dead wrong. I proudly vote aye, Mr. President.
Senator Bailey to be recorded in the affirmative. Announce the results.
In relation to Calendar 586, voting in the negative are Senators Ashby, Borrello, Bynoe, Canzoneri-Fitzpatrick, Chan, Gallivan, Griffo, Helming, Lanza, Martinez, Martins, Mattera, Murray, O'Mara, Ortt, Palumbo, Rhoads, Rolison, Ryan, Skoufis, Stec, Tedisco, Walczyk, Weber and Weik. Ayes, 35. Nays, 25.
The bill is passed.
Calendar Number 844, Senate Print 2485, by Senator Parker, an act to amend the Public Service Law.
Senator Walczyk, why do you rise?
Mr. President, would the sponsor yield?
Will the sponsor yield?
Yes, Mr. President.
The sponsor yields.
Through you, Mr. President. This bill would give new powers under the Office of Renewable Energy Siting. Under this bill, when would local zoning or permitting prevent transmission projects that are proposed here?
Through you, Mr. President. Through this bill, ORES would control the siting process.
And through you, Mr. President, would the sponsor continue to yield?
Will the sponsor yield?
Yes.
The sponsor yields.
Through you, Mr. President. ORES is also directed to develop a map with the help of the Public Service Commission and with the utility companies. What local input from communities across New York State would be considered when developing that map for where all this new transmission would be built out?
Through you, Mr. President. Local communities can participate through the processes of the proceeding.
Mr. President, would the sponsor continue to yield?
Will the sponsor yield?
Yes.
The sponsor yields.
Through you, Mr. President. If a local government doesn't want to see new transmission that is then mapped and planned out by the Office of Renewable Energy Siting, what can a municipality that doesn't want to see what they've put on their map, what can they do to protect their community from that new transmission that they don't want to see?
Through you, Mr. President. I don't think that communities need to protect themselves from new transmission. The reality is that if we are going to address the energy needs of the state, you're going to have to have a clean and efficient grid. This legislation creates a planning process by which we actually plan out how and where the grid needs to be improved, and then hopefully use that plan to upgrade the grid.
Thank you, Mr. President. On the bill.
Senator Walczyk on the bill.
This is part of the problem with the energy plan in the State of New York right now, is that it is from the top, not seeking local input, not even empowering local home rule that has consistently been respected until it comes to the Office of Renewable Energy Siting in the State of New York. In fact, communities do want to plan and zone. They do care where solar projects go in their community. They do care where new transmission comes in. But when the state comes from up high and right on down into our communities, it has caused a lot of consternation in the district that I represent and I know, across the State of New York, the same. Since the CLCPA was passed, we have deactivated 4,700 megawatts of power that was being produced in the State of New York. We've spent $88.7 billion -- and that's according to the Governor, on green energy projects to produce 2,000 new megawatts. Not even replacing even close to half of the nameplate of what we took offline. And we know that the renewable projects that we put in place don't even come close to the nameplate. We desperately plastered solar power all over upstate New York. Now we're saying we're going to, with this bill, roll over home rule, not consider local zoning, and again give the Office of Renewable Energy Siting more power to come into our communities when it comes to transmission. It's not working. The state's energy plan is not working. Our bills are 70 percent higher than the rest of the nation. The state's energy plan is failed. People are angry. Farmland and the environment has suffered under this. Community preservation has been ignored. And the New York State Independent Systems Operator is now warning that we're going to run out of power as soon as possibly this summer. It's time to stop, rethink this. And if you -- and it's right in the title of the CLCPA, "leadership." The only thing we're leading the world in right now is what not to do in energy policy. We are setting the example, and others are looking at us. And they're saying, Well, don't do what New York is doing. And for that reason, I'll be voting no and encourage my colleagues to do the same. Thank you, Mr. President.
Thank you, Senator. Are there any other Senators wishing to be heard? Seeing and hearing none, debate is now closed. Senator Serrano.
Mr. President, upon consent, we've agreed to restore this bill to the noncontroversial calendar.
The bill will be restored to the noncontroversial calendar. Read the last section.
Section 2. This act shall take effect immediately.
Call the roll. (The Secretary called the roll.)
Announce the results.
In relation to Calendar 844, voting in the negative are Senators Ashby, Borrello, Canzoneri-Fitzpatrick, Chan, Gallivan, Griffo, Lanza, Martins, Mattera, O'Mara, Ortt, Rhoads, Stec, Tedisco, Walczyk, Weber and Weik. Ayes, 43. Nays, 17.
The bill is passed.
Calendar Number 1008, Senate Print 8563, by Senator Cleare, an act to amend the General Business Law.
Senator Canzoneri-Fitzpatrick, why do you rise?
Thank you, Mr. President. I was wondering if the sponsor would yield for a few questions.
Would the sponsor yield?
Through you, Mr. President, yes.
The sponsor yields.
Thank you, Senator Cleare. Through you, Mr. President. I wanted to discuss this bill and get some clarification. My understanding is that this bill would prohibit covered suppliers from offering lower prices to another covered retailer or covered wholesaler. Under the statute, the definition of a covered supplier means a person that produces and sells covered goods in New York State. So is it accurate that if a supplier produces in Pennsylvania and sells in New York, that this legislation does not apply to that company?
It's my understanding that this bill establishes an antitrust regulatory framework to govern the pricing practices of grocery suppliers and retailers. Wherever they're selling.
Through you, Mr. President, will the sponsor continue to yield?
Will the sponsor yield?
Through you, Mr. President, yes, I do.
The sponsor yields.
So my last question was that if it requires that a covered supplier produce and sell in New York State, are we favoring outside producers that sell in New York versus a New York company that produces and sells in the state? (Pause.)
Yeah. It applies to people who sell in New York, if you sell in New York.
Through you, Mr. President, will the sponsor continue to yield?
Will the sponsor yield?
Through you, Mr. President, I do.
The sponsor yields.
It's also my understanding that New York is the only state that would impose this type of liability framework. Major national suppliers currently selling 18 billion or more will now face a choice and have to comply with an impossible standard or simply exit New York. Do you know how many suppliers will actually be affected by this legislation if it becomes law?
To the first part of your question, there are other states that have antitrust regulatory agreements. New York will be the first to do it in this manner.
Through you, Mr. President, will the sponsor continue to yield?
Will the sponsor yield?
Through you, Mr. President, yes, I do.
The sponsor yields.
So my question is, how many suppliers that reach $18 billion are doing business in New York in the grocery business that we're affecting those businesses, if this legislation becomes law?
I don't know how many are selling in New York. But I know that the local businesses, the local grocers, are supportive of this legislation.
Through you, Mr. President, will the sponsor continue to yield?
Will the sponsor yield?
Through you, Mr. President, yes, I do.
The sponsor yields.
So going back to the definition of a covered supplier, I'm looking at 305-j(5)(a), "'Covered supplier' means a person that (a) produces and sells covered goods in the State of New York." So my question, again, is if a person -- if a business is not producing in New York, but they're selling in New York, are they exempt from this statute such that we are burdening New York businesses more than outside, out-of-state businesses? (Pause.)
All right, so there may be a misinterpretation of the way we're interpreting it. But it is not meant -- it is meant for those who produce and sell in New York, comma.
Through you, Mr. President, will the sponsor continue to yield?
Will the sponsor yield?
Through you, Mr. President, I do.
The Senator yields.
So the statute, the way it's currently written -- and the way we're about to vote on -- is very clear. And I would encourage you, if that's not your intention, that you consider maybe a chapter amendment after the fact. But moving on to another question, does this bill prevent -- or prohibit, I should say, volume discounts that are potentially offered to suppliers that are, you know, utilizing -- you know, produce -- I'm sorry, putting in large orders?
No, it doesn't do that. What it simply does is it says the wholesale price is the wholesale price. The same terms per volume unit that you offer one seller, you have to offer to the other.
Through you, Mr. President, will the sponsor continue to yield.
Will the sponsor yield?
Through you, Mr. President, I do.
The sponsor yields.
So by definition, a wholesaler is supplying to another consumer further down the line, such as a small mom-and-pop shop, a local grocery store. Whereas another retailer is obviously selling it directly. If we put them on the same parity, aren't you creating a situation where consumers are going to pay more at certain locations than others? (Pause.)
No, they won't be paying more. In cases that have already been cited -- you know, there's one case that I'm looking at where Pepsi and Walmart got together and charged other smaller grocers more for the Pepsi and charged Walmart less. In that case, in order for the smaller grocers to make money, they hiked up the prices anyway because they couldn't compete. They couldn't compete with what was being offered to the larger retailer, with the price that was being offered to the larger retailer.
Through you, Mr. President, will the sponsor continue to yield.
Will the sponsor yield?
Through you, Mr. President, I do.
The sponsor yields.
So you alluded to a situation. Are there studies, is there any evidence, any economic studies that show that this is truly a problem in need of correction?
Yes. According to the American Economic Liberties Project that -- they support this bill. There's a memorandum of support. And yes.
Through you, Mr. President, will the sponsor continue to yield?
Will the sponsor yield?
Through you, Mr. President, I do.
The sponsor yields.
So the Antitrust Modernization Commission, a bipartisan federal body, studied the Robinson-Patman Act, which this bill mirrors, and they found that suppliers facing liability under that act simply refused to sell to smaller retailers rather than navigate the compliance. So my question is, are you fearful or have you considered that some suppliers will just refuse to sell to certain suppliers and wholesalers rather than try to comply with the impossible standard that we're setting here? (Pause.)
No. Because, you know, in certain neighborhoods -- like in my neighborhood, there are local supermarkets and bodegas. There's no Walmart. There's no big stores, larger retailers that people can go to. They're still going to need to sell in communities like mine.
Through you, Mr. President, will the sponsor continue to yield?
Does the sponsor yield?
Through you, I do.
The sponsor yields.
So those are exactly the concerns I have as well, because they are going to be the ones that pay more because they are further down the chain. I would like to ask you -- economists have documented that laws like this often cause sellers to stop making price cuts entirely, because if they can't do them broadly, it doesn't work, according to this legislation. It becomes more costly for them to give discounts. So my question is, what specific mechanism in this bill prevents that outcome? (Pause.)
So through you, Mr. President. The smaller stores are already paying more, in some cases, and especially in this instance that I'm talking about. But right now Pepsi and Walmart, they're working together, you know, to -- they're providing Walmart with promotional payments, discounts. They're trying to work towards bringing that price down. I don't think this is going to affect them selling. I don't think they're going to stop selling their products. I think this is just going to level the playing field so that everybody's paying the same price for the same products and everybody can compete. This is not just -- go ahead.
I'm sorry. I apologize.
It's okay. Go ahead.
Through you, Mr. President, will the sponsor continue to yield?
Will the sponsor yield?
Yes, through you, Mr. President, I do.
The sponsor yields.
Section 350-k(f) prohibits a supplier from refusing to sell to any retailer that has made purchases in the last 12 months unless the supplier has an undefined commercially reasonable justification. This effectively strips a business of the decision-making to sell to someone that they've sold to in the last 12 months. How do you think that that's going to affect prices? (Pause.)
There are defenses in the bill against increasing pricing. And I think what -- this is the prohibit retaliation from retailers against -- I mean from the sellers on retailers. This is only put in place to prevent retaliation against them. Again, I don't think that this bill is going to actually cause anybody not to be sold to. I don't think that it's going to cause prices to go up. I think it's going to be the opposite. And that's the intent of the bill, to make sure that there's a level playing field and that everybody in every neighborhood is able to get products for the same price.
Through you, Mr. President, will the sponsor continue to yield?
Will the sponsor yield?
I do.
The sponsor yields.
The Sherman Act already prohibits genuinely anticompetitive exclusive dealing and predatory pricing. The FTC actively enforces truly unfair trade practices. If federal law is already addressing this, why do we need a New York statute that conflicts with the federal rules?
It doesn't conflict with the federal laws. And we are just strengthening -- we're just strengthening the law locally because we want to make sure that people are not getting taken advantage of in terms of these price -- it's a setup, you know, where the retailer is allowed to get these lower prices. Sometimes it's even different packaging, it's smaller sizes or larger sizes. Nothing should be available to one retailer or one customer that's not available to another customer. And it shouldn't be available to them at a lower price. That's not -- that's not fair. That doesn't encourage competitiveness. That just makes sure that one group is dominant over the other.
Through you, Mr. President, will the sponsor continue to yield?
Will the sponsor yield?
I do.
The sponsor yields.
Through you, Mr. President, could you cite an example of a product that you're seeing this type of unfair practice that we should correct?
I mentioned to you, you know, the Pepsi and Walmart. Those products were being sold cheaper to Walmart. They had a deal that -- and not only were they sold cheaper to Walmart, they were made more expensive to other retailers that wanted to buy Pepsi. So there was no way they could compete with the prices that Walmart was charging.
Through you, Mr. President, will the sponsor continue to yield.
Will the sponsor yield?
I do.
The sponsor yields.
Section 350-o creates a private right of action with treble damages. Every pricing decision a large supplier makes in New York will come with the risk of litigation that potentially has the chance to make our business climate less inviting. And I'm wondering if you've considered why -- how that particular provision, with treble damages and litigation, is going to ultimately affect the prices that our consumers are paying.
You know, that right of action is available to people who feel as if they've been unfairly charged and they're not able to get the product for the same price that -- the wholesale price that's available to everyone. I don't think that's going to affect the price in a negative manner.
Through you, Mr. President, will the sponsor continue to yield?
Will the sponsor yield?
I do.
The sponsor yields.
I notice that certain items are excluded, specifically gasoline, prescription drugs, tobacco and alcohol. Could you tell me why those items were excluded from this legislation? (Pause.)
Those products were left out so we would make sure that this legislation aligns with the federal government.
Through you, Mr. President -- on the bill.
Senator Canzoneri-Fitzpatrick on the bill.
I want to thank the sponsor for the exchange of questions and for her intent, to make sure that grocery prices come down. I will tell you that we're all feeling it. I can tell you as a mom of four, and they're all about to come home from college, that I certainly will feel those grocery prices. However, there's a lot of unintended consequences that we should consider. I have a very strong opinion that free competition, supply chain efficiency, and investments are the key to bringing prices down, not further government regulation. I encourage us to continue to look at this legislation, to improve it to do what the sponsor intends it to do. I will be voting in the negative, and I encourage all my colleagues to do so. Thank you.
Thank you, Senator. Are there any other Senators wishing to be heard? Seeing and hearing none, debate is now closed. Senator Serrano.
Mr. President, upon consent, we've agreed to restore this bill to the noncontroversial calendar.
The bill will be restored to the noncontroversial calendar. Read the last section.
Section 4. This act shall take effect immediately.
Call the roll. (The Secretary called the roll.)
Senator Cleare to explain her vote.
Yes. Thank you, Mr. President. The Consumer Grocery Pricing Fairness Act is part of a package of bills we pass here today that will literally put real money back into the pockets of all New Yorkers. People in my neighborhood rely on community grocers because many of the larger retailers are not located within the community. These local supermarkets and bodegas should not be charged more for goods than larger, dominant retailers. Large corporations should not be able to dictate prices in the marketplace, setting terms only to their benefit and forcing smaller grocers to pay inflated prices, which then leads to our families paying a premium for the simple food staples they need from the store. This type of monopolistic price fixing is not only a threat to freedom, fairness, and capitalism, but to the health and well-being of those who simply want to shop for the products that keep their family fed and healthy. Our Grocery Pricing Fairness Act will mean lower prices for all in New York State. This bill will prohibit suppliers from engaging in unfair price discrimination against independent retailers, require the same deals on price and delivery terms that are equivalent to the deals demanded by big box retailers. This bill also imposes liability for dominant buyers who coerce suppliers, and has a strong, independent enforcement mechanism. I proudly vote aye.
Senator Cleare to be recorded in the affirmative. Senator Martins to explain his vote.
Thank you, Mr. President. I think it's a question of framing and perspective. I'm voting no because I don't see that the larger stores are paying less. They're paying the same amount. But economics, in terms of delivery and the number of units that are being delivered there, allow them to negotiate a lower price. And my concern is it's economics. If I want to buy a thousand of something and they're going to make one trip as opposed to 10 of something, I may actually be able to negotiate a better price. The reality is if we create parity, parity is not going to reduce prices, it's going to increase prices. And so the issue isn't that the local stores are paying more, it's that the larger stores are paying less because they have leverage to be able to use their buying power and their selling power to get a better price. The result is our consumers, our residents, are going to pay more. That's the reality. We keep talking about affordability. They all pay the same price. But if I want to buy a thousand of something, yes, I'm going to negotiate a better price and I'm going to pass it on to my consumers and they're going to have the benefit of that. The result of this bill is that everyone is going to pay more, which means everyone in New York State, all of our residents, are going to be paying more. I understand the intent. But economics doesn't work that way. And so, Mr. President, for the benefit of my residents and all the residents of New York State who are now paying too much for everything, I vote no.
Senator Martins to be recorded in the negative. Senator Canzoneri-Fitzpatrick to explain her vote.
Thank you, Mr. President. I just want to say once again that I applaud the sponsor. I know that your intent is right in the same spot that we all are. We need to bring grocery prices down. It's the one thing that we all have in common, that we all need. But we need to let the free market adjust for it. And we keep putting more and more business regulations on our businesses, and they're leaving. And they take with it their jobs, and they take with it their tax revenue that makes our job harder. And I do think that our intent is one that we all share. We just disagree about how to get there. And I think with further discussions like this, we will get there to make sure that we do the best for our constituents. Thank you, Mr. President.
Senator Canzoneri-Fitzpatrick to be recorded in the negative. Senator May to explain her vote.
Thank you, Mr. President. And I want to thank Senator Cleare for this bill. We have all seen it where a national chain swoops into a neighborhood, undercuts the prices of local businesses, puts them out of business, and as soon as there is no competition, they jack the prices up again. That is what this bill is designed to protect neighborhoods from, and I applaud the sponsor for it. Thank you, and I vote aye.
Senator May to be recorded in the affirmative. Senator Weik to explain her vote.
Thank you, Mr. President. This is something called perfect competition. So all the way back in 12th-grade economics, my teacher drilled it into our heads -- he even made it into a little song. He told us, never forget it. Perfect competition can't happen. And the reason it can't happen is it will never work out. So perfect competition is a theoretical market structure. It's used in idealized benchmarks rather than common, real world structure. It's a great idea. People have used this theory for many, many years. But we know it can't work. And we know it can't happen because it's going to drive prices up elsewhere. That's why I'm voting in the negative.
Senator Weik to be recorded in the negative. Announce the results.
In relation to Calendar 1008, voting in the negative are Senators Ashby, Borrello, Canzoneri-Fitzpatrick, Chan, Gallivan, Griffo, Helming, Lanza, Martins, Mattera, Murray, O'Mara, Ortt, Palumbo, Rhoads, Rolison, Stec, Tedisco, Walczyk, Weber and Weik. Ayes, 39. Nays, 21.
The bill is passed. Senator Serrano, that completes the reading of the controversial calendar.
Mr. President, is there any further business at the desk?
There is no further business at the desk.
I move to adjourn until tomorrow, Wednesday, May 13th, at 3:00 p.m.
On motion, the Senate stands adjourned until Wednesday, May 13th, at 3:00 p.m. (Whereupon, at 6:00 p.m., the Senate adjourned.)