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S492B

An act to amend the Public Authorities Law — 2024-02-06 · Calendar #114

The New York State Senate passed S492B, an act to amend the Public Authorities Law, by a vote of 57-5 on Tuesday. The bill's passage came after the chamber rejected an amendment proposed by Sen. Martins that would have established statewide standards requiring migrants who assault first responders to remain in custody pending prosecution. Acting President Persaud ruled the amendment nongermane under Senate Rule 6, Section 4B, citing its lack of germaneness to the underlying bill. Sen. Martins appealed the ruling, arguing the amendment was germane because both the bill and amendment relate to consequences for violating the law. He cited recent incidents in Times Square where migrants attacked New York City police officers and were subsequently released on their own recognizance, with most absconding. Martins argued the amendment would give judges and district attorneys the tools needed to keep communities safe and enforce the rule of law. The appeal was defeated on a show of hands vote, 20-0, and the ruling of the chair was sustained. The bill then proceeded to a final roll call vote, where it passed with only five senators voting in opposition: Borrello, Helming, Murray, O'Mara, and Palumbo. Sen. Gianaris moved to restore the bill to the noncontroversial calendar by agreement before the final vote.
Passed Senate Ayes: 57 · Nays: 5

Debate Summary

Sen. Martins appealed the presiding officer's ruling that an amendment was nongermane, arguing the amendment was germane because both the bill and amendment relate to consequences for violating the law. Martins argued the amendment would establish statewide standards requiring migrants who assault first responders to remain in custody pending prosecution, citing recent incidents in Times Square. The appeal was voted down 20-0 on a show of hands, and the bill proceeded to a final roll call vote.

Recorded Votes

Individual vote records shown here are captured from roll call mentions in floor transcripts. Because most bills pass with unanimous or near-unanimous ayes, only dissenting (nay) votes are typically read into the record — so the table below skews toward no votes. The full tally (ayes/nays above) reflects the official count.

Senator Vote Party
Borrello nay Republican
Helming nay Republican
Murray nay Republican
O'Mara nay Republican
Palumbo nay Republican

Amendments

Sponsor Description Outcome
Sen. Martins Amendment to establish statewide standards requiring any migrant who assaults a first responder to remain in custody pending prosecution ruled nongermane and out of order; appeal defeated