1187
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 March 8, 2023
11 4:58 p.m.
12
13
14 REGULAR SESSION
15
16
17
18
19 SENATOR JAMAAL T. BAILEY, Acting President
20 ALEJANDRA N. PAULINO, ESQ., Secretary
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25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT BAILEY: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and recite the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT BAILEY: Today the
9 Reverend Richard Hasselbach, pastor of Clarkstown
10 Reformed Church in West Nyack, New York, will
11 deliver today's invocation.
12 Reverend Hasselbach.
13 PASTOR HASSELBACH: Thank you very
14 much.
15 And thanks, Senator Weber, for the
16 invitation to be here.
17 And God bless you all. And let's
18 pray.
19 This is from Psalm 8: "Lord, our
20 Lord, how majestic is Your name in all the earth.
21 "When I consider Your heavens, the
22 work of Your fingers, the moon and stars which
23 You have set in place, what is humankind that You
24 are mindful of them, or human beings that You
25 care for them?
1189
1 "Yet You have made them a little
2 lower than the angels, and crowned them with Your
3 glory and honor. You made them rulers over the
4 works of Your hands. You put everything under
5 their feet -- all flocks and herds, the animals
6 of the wild, the sparrows of the sky, the fish in
7 the sea, and all that swim the paths of the seas.
8 "Lord, our Lord, how majestic is
9 Your name in all the earth."
10 Blessed are You, Lord, God of all
11 creation. All law and all authority comes from
12 You. Fill this chamber and all its members with
13 Your wisdom.
14 Make these leaders of New York true
15 servants and good servants of the people, and
16 Your good servants as well. Guide them to work
17 always in the public good regardless of personal
18 ambition or partisan ends.
19 May they rise above all senseless
20 divisions of race, color and theory, to see
21 themselves as co-laborers in Your vineyard, as
22 instruments of Your peace. May they always
23 remember that they are accountable to You for the
24 work that You have given them to do.
25 Give them also joy in this work, and
1190
1 grateful hearts. Bless them in their personal
2 lives, and lead them all safely through this life
3 to Your kingdom.
4 We ask this in Your holy and
5 unutterable name, You, the One who creates and
6 sustains us and who has led us to this moment.
7 You are the One who lives forever and ever.
8 And we can all say amen.
9 (Response of "Amen.")
10 PASTOR HASSELBACH: And thank you
11 very much. It's an honor to be here.
12 ACTING PRESIDENT BAILEY: The
13 reading of the Journal.
14 THE SECRETARY: In Senate, Tuesday,
15 March 7, 2023, the Senate met pursuant to
16 adjournment. The Journal of Monday, March 6,
17 2023, was read and approved. On motion, the
18 Senate adjourned.
19 ACTING PRESIDENT BAILEY: Without
20 objection, the Journal stands approved as read.
21 Presentation of petitions.
22 Messages from the Assembly.
23 Messages from the Governor.
24 Reports of standing committees.
25 Reports of select committees.
1191
1 Communications and reports from
2 state officers.
3 Motions and resolutions.
4 Senator Gianaris.
5 SENATOR GIANARIS: Mr. President,
6 on behalf of Senator Comrie, on page 13 I offer
7 the following amendments to Calendar 207,
8 Senate Print 629, and ask that said bill retain
9 its place on Third Reading Calendar.
10 ACTING PRESIDENT BAILEY: The
11 amendments are received, and the bill will retain
12 its place on the Third Reading Calendar.
13 Senator Gianaris.
14 SENATOR GIANARIS: On behalf of
15 Senator Stavisky, on page 16 I offer the
16 following amendments to Calendar 238,
17 Senate 447A, and ask that said bill retain its
18 place on Third Reading Calendar.
19 ACTING PRESIDENT BAILEY: Those
20 amendments are received, and the bill will retain
21 its place on the Third Reading Calendar.
22 Senator Gianaris.
23 SENATOR GIANARIS: There is a
24 privileged resolution at the desk. Please take
25 it up, read its title only, and recognize
1192
1 Senator Kennedy.
2 ACTING PRESIDENT BAILEY: There is
3 a privileged resolution at the desk.
4 The Secretary will read.
5 THE SECRETARY: Senate Resolution
6 508, by Senator Kennedy, mourning the untimely
7 death and paying tribute to the life and heroic
8 service of Firefighter Jason Arno, who died in
9 the line of duty on March 1, 2023.
10 ACTING PRESIDENT BAILEY: Senator
11 Kennedy on the resolution.
12 SENATOR KENNEDY: Thank you,
13 Mr. President.
14 I rise today to introduce this
15 resolution with a heavy heart. A week ago today,
16 we lost one of Buffalo's bravest in a four-alarm
17 fire. Jason Arno was 37 years old and a member of
18 Buffalo Fire Department Engine 2.
19 He, along with his fellow
20 firefighters, jumped into action last Wednesday
21 when flames broke out at DC Theatricks, a
22 building in a well-populated neighborhood in
23 downtown Buffalo.
24 As they battled the blaze, a
25 backdraft sent flames exploding out of the
1193
1 three-story building. And shortly after a mayday
2 call came over the radio, the department lost
3 contact with Jason. His fellow firefighters
4 couldn't reach him. He had become trapped in a
5 partial building collapse. Jason Arno never made
6 it out.
7 In the days afterwards, we've heard
8 so much about who he was as a firefighter and as
9 a person. He came from a family of helpers, with
10 his extraordinary wife, Sarah-Elizabeth, serving
11 as a nurse at Roswell Park Comprehensive Cancer
12 Center in Buffalo. They were married just over
13 the summer and continued to create a beautiful
14 and full life together.
15 Those who know Jason describe him as
16 "An upbeat, positive person with a great sense of
17 humor"; "Someone who always had a smile on his
18 face"; "Someone who wanted to do his job to the
19 best of his ability."
20 But as much as he loved his day job,
21 everything came second to his role as dad. His
22 three-year-old daughter, Olivia, will grow up
23 knowing that her father was a hero who loved her
24 above all else -- someone who served selflessly
25 and who prioritized protecting the people of
1194
1 Buffalo over his own safety.
2 As a father myself, it breaks my
3 heart to imagine a world where his little girl
4 will reach milestones without her dad by her
5 side.
6 But if I know anything about the
7 firefighting community, it's that they're a
8 family. Jason's little girl will undoubtedly
9 have many of her dad's friends showing up for her
10 and their beautiful family as they navigate some
11 of the hardest days ahead, year after year.
12 This Friday, we'll lay Jason to
13 rest, in honor of the life he lived and the
14 sacrifice that he made. But his legacy, that
15 will never be forgotten. It will live on through
16 his family, through Engine 2 and through the many
17 people in the City of Good Neighbors who will
18 follow in Jason's footsteps and step into the
19 role of a first responder in the years to come.
20 I ask my colleagues to keep Jason's
21 family and the Buffalo Fire Department in prayer
22 in the coming days and months ahead. May Jason
23 Arno, a beloved family man and a true hero, rest
24 in peace.
25 Mr. President, in honor of our
1195
1 fallen hero Jason Arno, I ask this body for a
2 moment of silence.
3 ACTING PRESIDENT BAILEY: In honor
4 of the life and legacy of the hero Jason Arno,
5 the Senate will observe a moment of silence prior
6 to any other speakers.
7 (Whereupon, the assemblage respected
8 a moment of silence.)
9 ACTING PRESIDENT BAILEY: Senator
10 Ortt on the resolution.
11 SENATOR ORTT: Thank you,
12 Mr. President.
13 I want to thank my colleague Senator
14 Kennedy for bringing this resolution forward. I
15 know he wishes, as we all do, that he didn't have
16 to.
17 It's -- you think about how many
18 fires and how many emergencies are faced by the
19 men and women who serve our communities as
20 firefighters, whether they be volunteer or
21 career. And most of the time, thankfully,
22 because of their training, because of, you know,
23 resources that we provide, that localities
24 provide, they come out of there. They come out
25 of those unscathed. They come out of those
1196
1 emergencies and they return home to their
2 family -- or families.
3 I think about all the times we
4 recognize this individual served 30 years in the
5 fire service. You think about how many calls
6 that was and how many harrowing situations that
7 was, and they returned home. And I say that
8 because sometimes we just think that that's the
9 norm, that it's all routine, it's all -- they're
10 all going to come back home.
11 And the reality is that at any
12 moment when you're a firefighter, whether it's
13 the City of Buffalo or anywhere, any moment could
14 turn deadly.
15 Jason Arno, I'm sure that morning
16 when he left, said goodbye to his kids, goodbye
17 to his wife -- maybe it was the night before, who
18 knows. But when you are the spouse of a first
19 responder, of a firefighter, a police officer,
20 you don't know -- when you say "Goodbye, I'll see
21 you for dinner" or you say "Goodbye, I'll see you
22 for lunch" or "I'll see you tomorrow," you don't
23 know if that's going to come true.
24 Sadly for Jason, it did not. That
25 was the last time he saw his family. And it's
1197
1 maybe ironic, he was responding to a fire at a
2 costume shop. They sold theatrical costumes.
3 You think about how many people dress up as
4 heroes. Jason Arno was a real hero who showed up
5 that day to try to make sure there was no one in
6 that building, to try to make sure that everyone
7 got out okay, to try to make sure that maybe that
8 building might have been saved.
9 Obviously we know it was not. And
10 tragically, his life was cut short at 37 years
11 old. Thirty-seven years old. And I can tell
12 you, he was a Canisius High School graduate. He
13 was somebody who was very involved in the
14 community. He was married, as you heard, to a
15 nurse. So really his whole family -- his wife,
16 himself -- knew about service, knew about trying
17 to save the lives of other people.
18 This was the kind of person we need
19 more of, not only in New York but across the
20 country.
21 Very often you hear about there's
22 not enough young people who care about their
23 community. There's not enough young people who
24 care about others. People lament the state of
25 society, the state of maybe younger generations.
1198
1 And I will tell you, when I see
2 this -- and as tragic as it is, it also fills me
3 with pride. I hope that his family, over time,
4 through their grief, will be filled with pride
5 that they raised, that they knew, that they loved
6 someone like Jason Arno.
7 And we in Buffalo are very proud of
8 him. We wish he was still here, but we're very
9 proud of him across Western New York. And all
10 across New York State, we should be very proud of
11 him, that there are others like him, that there
12 are other people like Jason Arno every single
13 day, even today, right now, who are lined up to
14 run into a building full of flames that could
15 explode, and in this case did explode. While
16 everyone is running away, they're running towards
17 it.
18 And I am grateful for his service,
19 for his sacrifice. I am sorry that he's gone.
20 But I am proud that he lived, that he was willing
21 to serve. And hopefully he acts as an
22 inspiration to other young people and people out
23 there that they might line up to serve.
24 So I want to pray that God blesses
25 Jason, his family, all of our men and women in
1199
1 the fire service. I can think of no greater
2 legacy at this time.
3 So, Mr. President, I want to thank
4 again the sponsor for bringing this forward, and
5 I want to lend my name to the support of it. And
6 thank you for letting me speak.
7 ACTING PRESIDENT BAILEY: Thank
8 you, Senator Ortt.
9 Senator Gallivan on the resolution.
10 SENATOR GALLIVAN: Thank you,
11 Mr. President.
12 I too would like to thank the
13 sponsor, Senator Kennedy, for bringing this
14 resolution forward, and Senator Ortt for his
15 comments on what really is such a tragic
16 occasion.
17 We know, we heard the details of
18 Buffalo Firefighter Jason Arno from
19 Senator Kennedy -- 37 years old, but a true hero,
20 no question about it. A firefighter, a brother,
21 a son, a husband, a father, a true public servant
22 and just a great, upstanding member of the
23 community.
24 Among the things that stand out with
25 Jason is people's memories of him. Whether they
1200
1 were childhood friends, teachers, coworkers,
2 people that ran across him once or newly met him,
3 nobody had a bad word to say about this
4 individual. And no matter the different things
5 that he did in life, people commented on the
6 vigor that he put into it, on the heart that he
7 put into it, how he cared about the people around
8 him and how he made everyone around him better
9 and every situation better.
10 Senator Ortt mentioned something
11 about firefighters that I think bears repeating
12 that we've heard over time. They run in when
13 everybody runs out. And many of us of course
14 know people and know family members from
15 September 11th, and we've heard that phrase. We
16 haven't heard it in a while, though, in this
17 chamber. Which is a good thing, because that
18 means we haven't had a tragedy like this in a
19 while.
20 But that phrase, "They run in when
21 everybody else runs out" -- it's so easy to take
22 them for granted. And you think of all the
23 fires, all the calls in every city, town and
24 village across New York State over the years --
25 and it happens time and time again, while we're
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1 sleeping with our families, while we're sleeping
2 and doing our work up here, it becomes so easy to
3 take it for granted.
4 And so I ask my colleagues to
5 remember what firefighters in every community do,
6 to not take it for granted, to make sure that we
7 are paying attention here in our job, whether
8 it's crafting regulation or law or helping to
9 provide resources when they come forward to ask
10 for the different things and tell us they need
11 the different things to help keep their
12 communities safe.
13 And above all, I ask my colleagues
14 to remember Jason Arno and his sacrifice and ask
15 God to bless him.
16 And I thank you too, Mr. President,
17 for this opportunity to remember him.
18 ACTING PRESIDENT BAILEY: Thank
19 you, Senator Gallivan.
20 The question is on the resolution.
21 All those in favor please signify by saying aye.
22 (Response of "Aye.")
23 ACTING PRESIDENT BAILEY: Opposed,
24 nay.
25 (No response.)
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1 ACTING PRESIDENT BAILEY: The
2 resolution is adopted.
3 Senator Gianaris.
4 SENATOR GIANARIS: Mr. President,
5 at this time can we take up previously adopted
6 Resolution 382, by Senator Sepúlveda, read that
7 resolution's title, and recognize
8 Senator Sepúlveda.
9 ACTING PRESIDENT BAILEY: The
10 Secretary will read.
11 THE SECRETARY: Senate Resolution
12 382, by Senator Sepúlveda, commemorating the
13 179th Anniversary of the Independence of the
14 Dominican Republic, to be celebrated on
15 February 27, 2023.
16 ACTING PRESIDENT BAILEY: Senator
17 Sepúlveda on the resolution.
18 SENATOR SEPÚLVEDA: Thank you,
19 Mr. President, for allowing me to present this
20 resolution on this floor.
21 We all know that New York State is
22 made up of a state of many immigrants that come
23 from many different places throughout the world.
24 And one of the groups that's part of the
25 immigrant diaspora that has contributed mightily
1203
1 to the development of the state and this nation
2 is the Dominican Republic.
3 On February 27, 1844, the
4 Dominican Republic was able to obtain their
5 independence under the guide and leadership of
6 the father of their nation, Juan Pablo Duarte,
7 who gave the ultimate sacrifice so that he, along
8 with others, can bring to light a beautiful
9 nation, a beautiful, democratic, loving nation of
10 hardworking individuals.
11 Today I am proud that some of those
12 individuals are here today in our chamber. We
13 have several members from the Dominican consulate
14 with us, and the Dominican press. And I'm very
15 proud that two other specific individuals are
16 here with us today. One is the Consul General of
17 the Dominican Republic in New York City, Eligio
18 Jáquez. Consul Jáquez does an incredible amount
19 of work for the diaspora and for the island and
20 helps so many people throughout this state. Some
21 of them don't have to be Dominican; but if you
22 need assistance, he's always there.
23 We also have with us Andreína
24 Martínez. Andreína Martínez is Miss Dominican
25 Republic 2022 and was the runner-up in the
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1 Miss Universe competition last year.
2 The important thing is that she has
3 also has strong ties my county, the Bronx. She
4 lived here many years and she graduated summa cum
5 laude from City College, University of New York,
6 with a degree in psychology and Latin American
7 studies.
8 The Dominican Republic in this
9 chamber has contributed mightily for people that
10 have served here.
11 Many of you remember José Peralta,
12 who passed away. José Peralta was the driving
13 force behind the DREAM Act. Regardless of how
14 you feel about it, it is because of him that
15 undocumented students today are able to access
16 tuition assistance for SUNY and CUNY. I was
17 fortunate to take it to the finish line, but 95
18 percent of the credit goes to José Peralta.
19 We also had Adriano Espaillat here
20 for many years. Adriano, once himself an
21 undocumented immigrant, is now a member of
22 Congress.
23 The Brooklyn borough president, who
24 represents almost 3 million people, Antonio
25 Reynoso, is also of Dominican descent.
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1 In the New York State Assembly we
2 have five members serving, and in the
3 City Council in New York we have about six.
4 And throughout the Northeast, in
5 states like Rhode Island and Massachusetts, there
6 is a large diaspora that is working diligently on
7 behalf of those states.
8 Now, I was recently in the
9 Dominican Republic with a delegation including
10 Senator Parker, Senator Comrie, and we went there
11 and got firsthand knowledge of the Dominican
12 Republic, the island, its health, its economy.
13 And I would invite all of you there
14 to come visit the island. You will not be
15 disappointed. You can see firsthand how they
16 have and love their democratic institutions. You
17 can see how the island's economy is developing at
18 such a pace that all of us should be proud of.
19 And more importantly, you can see
20 the beauty of the island. The Dominican Republic
21 has some of the most beautiful beaches, some of
22 the most beautiful resorts. And I want to
23 encourage all of you to come by and visit. You
24 will not be disappointed.
25 Now, I was honored by the president
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1 of the Dominican Republic recently; I was given
2 citizenship. My wife, my son, are Dominican, and
3 that is something that I'm extremely proud of.
4 And I have a commitment to work for the island
5 and the diaspora while I'm in the Senate and even
6 after.
7 So I want to encourage everyone here
8 to look into Dominican history, to learn about
9 Dominican history, and you will see a history of
10 just beautiful people.
11 (In Spanish.)
12 The Secretary of the Senate here is
13 of Dominican descent, Alejandra Paulino.
14 Dominican people are very proud.
15 (In Spanish.) They're very proud people.
16 So, please, I ask all of you to join
17 me in honoring this resolution and in honoring
18 the Dominican Republic.
19 Thank you.
20 ACTING PRESIDENT BAILEY: Thank
21 you, Senator Sepúlveda.
22 Senator Comrie on the resolution.
23 SENATOR COMRIE: Thank you,
24 Mr. President. I rise to speak on
25 Senator Sepúlveda's resolution honoring the
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1 independence of the Dominican Republic.
2 Since the year 1844 when the
3 Dominican Republic won independence from colonial
4 rule, their country, like ours, had to struggle
5 to ensure that the spirit of equality and
6 democracy was not just upheld but could
7 eventually expand to include all under its flag.
8 We legislators are the beneficiaries
9 of this same system of government, and
10 accordingly must strive to see that each and
11 every citizen is able to use their democratic
12 right to vote by identifying and removing
13 barriers along the way.
14 The Dominican people were so
15 gracious to host several of my colleagues and me
16 as we had the opportunity to visit the Dominican
17 Republic. While there, we worked to identify
18 opportunities to strengthen trade, to create
19 investment opportunities, and to create cultural
20 exchanges.
21 Traveling to this beautiful country
22 and meeting its people made me once again reflect
23 on the great strength that comes from the
24 diversity seen in the State of New York. There
25 are roughly over a million Dominicans living in
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1 New York who connect our state through history
2 and family to the Dominican Republic, as Senator
3 Sepúlveda has so eloquently stated, many of whom
4 reside in our five boroughs and have been members
5 of the Legislature and also serving in important
6 positions throughout our state.
7 They have made themselves an
8 integral part of the New York City cultural
9 fabric, and we legislators are fortunate to
10 represent such a vibrant community. I recognize
11 each and every one of these individuals and the
12 impact that they make on New York State today.
13 So to the members that are here from
14 the delegation from the Dominican Republic,
15 congratulations, thank you, and happy
16 independence.
17 Thank you, Mr. President.
18 ACTING PRESIDENT BAILEY: Thank
19 you, Senator Comrie.
20 Senator Cleare on the resolution.
21 SENATOR CLEARE: Mr. President, I
22 rise today as it is an honor to be joined here
23 today by the Honorable Consul General of the
24 Dominican Republic in New York City, Eligio
25 Jáquez, joined by esteemed dignitaries including
1209
1 Andreína Martinez and many members of his trusted
2 leadership team.
3 I was proud to support the recent
4 resolution that commemorated the
5 179th anniversary of the independence of the
6 Dominican Republic. And my Senate district has
7 long been home to so many from the Afro-Caribbean
8 Diaspora.
9 The Dominican Republic has a unique
10 history which has resulted in a blending of
11 African, European and Native Indian cultures with
12 a rich and diverse background. The Dominican
13 influence is apparent in neighborhoods like
14 Washington Heights, which I represent, which is
15 bursting with vibrant Dominican culture.
16 Incredibly, 1 million New York State
17 residents are of Dominican descent, and they have
18 worked so hard to make our city and state a
19 better place. I salute their hard work, their
20 strength and resilience, and celebrate them. And
21 it is my honor to represent the portion of
22 Washington Heights that I represent.
23 And I salute you today. Welcome,
24 and congratulations on your independence.
25 ACTING PRESIDENT BAILEY: Thank
1210
1 you, Senator Cleare.
2 Senator Jackson on the resolution.
3 SENATOR JACKSON: Thank you,
4 Mr. President.
5 I rise on two occasions.
6 First, my condolences to the family
7 and friends of the firefighter that lost his
8 life. As the chair of the Civil Service and
9 Pensions Committee and as a member of this body,
10 anything that I can do in the process of helping
11 his family, please let us know.
12 Secondly, I am standing in respect
13 to the anniversary of -- the 179th anniversary of
14 the independence of the Dominican Republic.
15 And let me say to Consul General
16 Jáquez and Miss Dominican Republic, it is my
17 honor to represent all of you in the New York
18 State Senate, representing -- a large portion of
19 my district, the people are from the Dominican
20 Republic, representing Washington Heights,
21 Inwood, Marble Hill and the Northwest Bronx.
22 Even when I was a member of the
23 Community School Board for 15 years, I
24 represented the largest district of Dominicans in
25 the public school system, District 6, and then as
1211
1 a member of the City Council for 12 years and now
2 as a State Senator.
3 And I say to everyone, if you're not
4 aware, the people from the Dominican Republic are
5 industrious, they come here to work, to support
6 themselves and their families here and back at
7 home.
8 And I've been to the Dominican
9 Republic on many occasions, on humanitarian trips
10 when I was a member of the City Council. And I
11 say to all of you that I'm happy and proud to
12 represent you and all the other people that I
13 represent from the Dominican Republic that live
14 in New York City.
15 And with that, Madam President, I
16 say aye on all.
17 ACTING PRESIDENT MAYER: Thank you
18 for allowing that quick change.
19 Senator Bailey on the resolution.
20 SENATOR BAILEY: Madam President,
21 thank you for allowing me to speak on the
22 resolution.
23 Thank you, Senator Sepúlveda, for
24 introducing the resolution.
25 I just wanted to make sure I had the
1212
1 opportunity to speak about one of the largest
2 growing groups in my home borough of the Bronx,
3 those individuals from the Dominican Republic,
4 Dominicans of -- individuals of Dominican
5 descent.
6 I am grateful to your contributions
7 to our community, to your tenacity, to your hard
8 work, and to your presence.
9 A lot of my colleagues have spoken
10 about the -- like I would say the history behind
11 February 27th and what it took. But what I want
12 to speak about is how you've remained. Right?
13 How you have remained stalwarts in your community
14 and that you've been able to grow, not just for
15 political power but the influence that you have
16 within our community.
17 I think that there's a recognition
18 in our communities about, you know, Afro-Latinos.
19 Right? As a father of Afro-Latinas, I think that
20 we have to make sure that we continue to speak
21 from one voice, right, and that we speak from one
22 voice in our community. And I think that the
23 Dominican community has embraced the
24 African-American community, and it's something
25 that's beautiful to see as an African-American,
1213
1 but also as a father of Afro-Latinas. Right?
2 And when you see that mezcla, when you see that
3 mix together, it is truly an incredible thing.
4 And so to Consul General Jáquez, I
5 thank you for the hard work that you do. Senator
6 Sepúlveda is not stretching the truth when he
7 says you're willing to help anybody. You have --
8 our office has called you on many an occasion,
9 and you have delivered time after time. And I am
10 grateful for that.
11 And to Ms. Martínez, thank you for
12 advancing -- advancing throughout the borough,
13 throughout the world, but never forgetting where
14 home was -- not just the Dominican Republic, but
15 the Bronx, New York.
16 And so I stand in appreciation and
17 I'm grateful to you all, and thank you for coming
18 to the state Capitol. And I will proudly vote
19 aye on the resolution.
20 Thank you, Madam President.
21 ACTING PRESIDENT MAYER: Thank you.
22 To our guests, I welcome you on
23 behalf of the Senate. We extend to you the
24 privileges and courtesies of the house. Thank
25 you for being present.
1214
1 Oh, I apologize. There was someone
2 else who wanted to speak.
3 Senator Fernandez on the resolution.
4 SENATOR FERNANDEZ: Thank you.
5 Qué lo qué, mi gente.
6 (Laughter, applause from balcony.)
7 SENATOR FERNANDEZ: To Miss
8 Dominican Republic, to the consulate here, Happy
9 Independence Day. One hundred eighty years ago,
10 on February 27th, the beautiful nation of the
11 Dominican Republic established their independence
12 as a sovereign nation.
13 The Dominican people and its
14 diaspora have been resilient through times of
15 colonization, fascism, occupation, and strict
16 immigration policies. They have never stopped
17 fighting for their freedom. They fight
18 uncertainty when leaving their homes for hopes of
19 more freedoms in America. They continue to fight
20 to remain in the communities they have built
21 there over decades.
22 And in that fight, Dominicans have
23 achieved higher and higher success as elected
24 officials in the city, state and federal
25 government, as well as cultural contributions
1215
1 that have become part of the fabric of our
2 society, and certainly in my district of the
3 34th.
4 It is appropriate that we are
5 introducing this resolution on International
6 Women's Day, because no nation can survive or
7 thrive without the liberation of its women. The
8 health of a nation is often measured by its
9 freedom -- freedom from tyranny, freedom for its
10 people, all starts with declaring independence.
11 Women's liberation, power over the
12 reproductive system, is just as important in DR
13 as it is here. DR is one of five out of Latin
14 countries that still has a total ban on abortion,
15 as stricter laws are popping up all over the
16 nation. A society is not independent unless its
17 woman are independent. A society is not healthy
18 unless its women are healthy. And a society is
19 not free until its women are free.
20 It is my honor and privilege to
21 share this moment of intersectionality with my
22 Dominican colleagues, my constituents, my fellow
23 Latinas, to celebrate the cultural contributions
24 of the Dominican community, as well as our
25 strength as women together, saying Happy
1216
1 Dominican Independence Day.
2 ACTING PRESIDENT BAILEY: Gracias,
3 Señora.
4 A nuestros invitados, les doy la
5 bienvenida en nombre del Senado. Le extendemos
6 los privilegios y cortesías de esta casa. Por
7 favor, levántate y sé reconocido.
8 (Laughter.)
9 (Standing ovation.)
10 ACTING PRESIDENT BAILEY: To our
11 guests, we welcome you on behalf of the Senate.
12 So what I said in English was "I welcome you on
13 behalf of the Senate. We extend to you all the
14 privileges and courtesies of the house. Please
15 rise and be recognized."
16 Senator Gianaris.
17 SENATOR GIANARIS: Gracias, Señor
18 Presidente.
19 (Laughter.)
20 SENATOR GIANARIS: At the request
21 of the sponsors, the resolutions we took up today
22 are open for cosponsorship.
23 ACTING PRESIDENT BAILEY: The
24 resolutions are open for cosponsorship. Should
25 you choose not to be a cosponsor of the
1217
1 resolutions, please notify the desk.
2 Senator Gianaris.
3 SENATOR GIANARIS: At this time can
4 we call on Senator Salazar for an introduction.
5 ACTING PRESIDENT BAILEY: Senator
6 Salazar for the purposes of an introduction.
7 SENATOR SALAZAR: Thank you,
8 Mr. President.
9 I would like to welcome some guests
10 who are present in the chamber -- those who are
11 still present. It's been a long day -- who are
12 social work students visiting from universities
13 and colleges across New York, including Touro
14 University Graduate School of Social Work,
15 Adelphi University, SUNY Buffalo School of Social
16 Work, SUNY Binghamton, Damon University, SUNY
17 Albany School of Social Welfare, Keuka College,
18 and Yeshiva University Wurzweiler School of
19 Social Work.
20 These students do the valuable work
21 every day of seeking to provide direct care and
22 support to people in communities across our
23 state. And their efforts improve the quality of
24 life for countless New Yorkers.
25 For more than a century, the social
1218
1 work profession has been at the forefront of
2 creating positive change in our society,
3 including expanded voting rights, improved
4 workplace safety, and the establishment of a
5 minimum wage and social safety net programs that
6 alleviate poverty and hunger.
7 Social workers are essential in
8 addressing the needs particularly of
9 often-marginalized communities, using their
10 skills to provide resources and care that offset
11 some of the symptoms of structural oppression.
12 Social workers are the largest group
13 of mental health providers in the country,
14 helping us overcome death, grief, pandemics and
15 natural disasters. They support families of all
16 cultures across New York and ensure that people
17 at every stage of life can function better in our
18 society.
19 On top of the time these
20 students have committed to the well-being of
21 New Yorkers in their roles as social workers and
22 caregivers, they are here today dedicating their
23 time to advocating for legislation that impacts
24 the people and communities they serve.
25 I ask you to please recognize the
1219
1 social work students who have joined us today in
2 the Senate and extend to them all the privileges
3 of the house.
4 Thank you.
5 ACTING PRESIDENT BAILEY: To our
6 guests, I welcome you on behalf of the Senate.
7 We extend to you the privileges and courtesies of
8 this house.
9 Please rise and be recognized.
10 (Standing ovation.)
11 ACTING PRESIDENT BAILEY: Senator
12 Gianaris.
13 SENATOR GIANARIS: Let's take up
14 the reading of the calendar, please.
15 ACTING PRESIDENT BAILEY: The
16 Secretary will read.
17 THE SECRETARY: Calendar Number
18 190, Senate Print 1792, by Senator Hinchey, an
19 act to amend the Executive Law.
20 ACTING PRESIDENT BAILEY: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT BAILEY: Call the
25 roll.
1220
1 (The Secretary called the roll.)
2 ACTING PRESIDENT BAILEY: Senator
3 Webb to explain her vote.
4 SENATOR WEBB: Thank you,
5 Mr. President. I rise to explain my vote.
6 I would like to thank the sponsor of
7 this bill for bringing forth this important piece
8 of legislation designating March 8th each year as
9 a day of commemoration to be known as
10 International Women's Day.
11 The women of New York have worked
12 hard to fight for equal rights and representation
13 for all here in New York and abroad. It was
14 right here in New York, at Seneca Falls, that the
15 suffragist movement was born and paved the way
16 for women's right to vote.
17 And as we know, women of color were
18 excluded from that right, and had to continue
19 fighting after the 19th Amendment was ratified in
20 1920 to make sure that all women had the right to
21 exercise that right and participate in our
22 democracy.
23 The women of New York continue to
24 break barriers. Just look around at how many of
25 us are representing our communities right here in
1221
1 the New York State Senate -- when you look at our
2 Majority Leader, Senator Andrea Stewart-Cousins,
3 the first woman, first Black woman to have this
4 position. Also our illustrious freshman class of
5 Senators who also have broken barriers to be here
6 in the Senate as well.
7 As the chair of the Women's Issues
8 Committee, I am very proud of the work that we
9 are doing, and it is fitting that we mark this
10 day each year for our global sisterhood and to
11 lift up the many contributions that women make on
12 this day and every day.
13 I also hope that this legislation
14 will serve as a reminder and a continued call to
15 action for us in this chamber, our state, and our
16 country and beyond, and every institution, to
17 embrace and advance equity for all women, and
18 especially women who are historically
19 marginalized.
20 I will be voting aye on this bill,
21 and I hope my colleagues will do the same.
22 Thank you.
23 ACTING PRESIDENT BAILEY: Senator
24 Webb to be recorded in the affirmative.
25 Senator Helming to explain her vote.
1222
1 SENATOR HELMING: Thank you,
2 Mr. President.
3 I rise in support of this
4 legislation and to commemorate and celebrate the
5 work of women from every single walk of life.
6 For many of us in this chamber, we
7 are here because of the courageous and at times
8 controversial actions of brave women. For
9 generations, women have paved the way -- that's
10 true here in New York State as well as across our
11 entire nation and the world -- fighting for
12 freedom, fighting for equal rights, fighting for
13 equal pay for equal work.
14 Because of these women, I have the
15 privilege of serving as the first female State
16 Senator for the 54th District. This district
17 included Seneca Falls, the birthplace of the
18 women's rights movement. When I was sworn into
19 office, I had the honor of taking my oath of
20 office in the Ontario County Courthouse where
21 Susan B. Anthony was tried and convicted for
22 voting illegally.
23 Susan B. Anthony, Sojourner Truth,
24 Harriet Tubman -- these are all very famous women
25 who have helped pave the way. But I think it's
1223
1 also very important that we recognize all those
2 women who work to this day quietly behind the
3 scenes, improving the quality of life to advance
4 others. Like the woman who had the greatest
5 impact on my life, Patricia Turnbull, my mother.
6 Today, March 8th, happens to be her birthday.
7 Like many other women, my mother
8 spent her entire life giving to others. Even
9 when our family didn't have much to give, she'd
10 find a way to help others. She was dedicated to
11 her family, her neighbors, and her community.
12 I hope my mother and all the other
13 women who are like her can somehow see or know
14 that their legacy of putting others first
15 continues through their children, their
16 grandchildren and, in my mother's case, now her
17 great-grandchildren.
18 Today and every day, Mr. President,
19 we have an opportunity that we should take
20 advantage of, and that's to honor the women of
21 our past by doing our best to continue laying the
22 foundation for the generations that will follow.
23 I proudly vote aye, Mr. President.
24 ACTING PRESIDENT BAILEY: Senator
25 Helming to be recorded in the affirmative.
1224
1 And happy birthday to your mother.
2 Senator Canzoneri-Fitzpatrick to
3 explain her vote.
4 SENATOR CANZONERI-FITZPATRICK:
5 Thank you, Mr. President.
6 I rise today in support of this
7 legislation as well, and I thank the sponsor for
8 bringing this legislation to the Senate.
9 I proudly wear an American flag pin
10 every day that was my grandmother's, who proudly
11 came to this country in the 1930s from Italy, not
12 speaking English and with minimal education.
13 And for me to be her granddaughter
14 and be a State Senator is truly remarkable, and
15 I'm so proud to do the work of the people in this
16 chamber with the other fine women and men that
17 are Senators.
18 I think, as has been said by other
19 women today, we have a responsibility to be an
20 example for our future generations. I'm the
21 proud mother of three daughters, and I think we
22 are the true example of the American dream by
23 being able to be in this chamber and represent
24 the people of our district.
25 So I proudly vote aye for this
1225
1 resolution and thank you for -- for this bill,
2 and thank you for the opportunity to speak,
3 Mr. President.
4 ACTING PRESIDENT BAILEY: Senator
5 Canzoneri-Fitzpatrick to be recorded in the
6 affirmative.
7 Announce the results.
8 THE SECRETARY: Ayes, 60.
9 ACTING PRESIDENT BAILEY: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 217, Senate Print 1305, by Senator Comrie, an act
13 to amend the Real Property Actions and
14 Proceedings Law.
15 ACTING PRESIDENT BAILEY: Read the
16 last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect immediately.
19 ACTING PRESIDENT BAILEY: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT BAILEY: Announce
23 the results.
24 THE SECRETARY: In relation to
25 Calendar Number 217, voting in the negative:
1226
1 Senator Lanza.
2 Ayes, 59. Nays, 1.
3 ACTING PRESIDENT BAILEY: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 241, Senate Print 2060, by Senator Stavisky, an
7 act to amend the Education Law.
8 ACTING PRESIDENT BAILEY: Read the
9 last section.
10 THE SECRETARY: Section 5. This
11 act shall take effect on the 90th day after it
12 shall have become a law.
13 ACTING PRESIDENT BAILEY: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT BAILEY: Announce
17 the results.
18 THE SECRETARY: Ayes, 60.
19 ACTING PRESIDENT BAILEY: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 255, Senate Print 1209, by Senator Persaud, an
23 act to amend the Labor Law.
24 ACTING PRESIDENT BAILEY: Read the
25 last section.
1227
1 THE SECRETARY: Section 3. This
2 act shall take effect on the 30th day after it
3 shall have become a law.
4 ACTING PRESIDENT BAILEY: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT BAILEY: Announce
8 the results.
9 THE SECRETARY: In relation to
10 Calendar Number 255, those Senators voting in the
11 negative are Senators Ashby, Borrello,
12 Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming,
13 Lanza, Martins, Mattera, Oberacker, O'Mara, Ortt,
14 Palumbo, Rhoads, Rolison, Stec, Tedisco, Walczyk
15 and Weber.
16 Ayes, 41. Nays, 19.
17 ACTING PRESIDENT BAILEY: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 323, Senate Print 809, by Senator Serrano, an act
21 to amend the Parks, Recreation and Historic
22 Preservation Law.
23 ACTING PRESIDENT BAILEY: Read the
24 last section.
25 THE SECRETARY: Section 2. This
1228
1 act shall take effect immediately.
2 ACTING PRESIDENT BAILEY: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT BAILEY: Announce
6 the results.
7 THE SECRETARY: Ayes, 60.
8 ACTING PRESIDENT BAILEY: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 327, Senate Print 540, by Senator Thomas, an act
12 to amend the General Business Law.
13 ACTING PRESIDENT BAILEY: Read the
14 last section.
15 THE SECRETARY: Section 3. This
16 act shall take effect immediately.
17 ACTING PRESIDENT BAILEY: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT BAILEY: Announce
21 the results.
22 THE SECRETARY: Ayes, 60.
23 ACTING PRESIDENT BAILEY: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
1229
1 330, Senate Print 3285, by Senator Thomas, an act
2 to amend the General Business Law.
3 SENATOR LANZA: Lay it aside.
4 ACTING PRESIDENT BAILEY: Lay it
5 aside.
6 THE SECRETARY: Calendar Number
7 376, Senate Print 3052, by Senator Stavisky, an
8 act to amend the Education Law.
9 ACTING PRESIDENT BAILEY: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect on the first of July.
13 ACTING PRESIDENT BAILEY: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT BAILEY: Announce
17 the results.
18 THE SECRETARY: Ayes, 60.
19 ACTING PRESIDENT BAILEY: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 379, Senate Print 1478, by Senator Hinchey, an
23 act in relation to directing the Commissioner of
24 Health and the Commissioner of the Office for
25 People with Developmental Disabilities to conduct
1230
1 a study of the delivery of services to
2 individuals with traumatic brain injury.
3 ACTING PRESIDENT BAILEY: Read the
4 last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect immediately.
7 ACTING PRESIDENT BAILEY: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT BAILEY: Senator
11 Hinchey to explain her vote.
12 SENATOR HINCHEY: Thank you very
13 much.
14 I rise today to thank this body and
15 the leader for bringing this bill forward. TBI
16 care, traumatic brain injury care and traumatic
17 brain injury services, is something that we need
18 to do a much better job of here in the State of
19 New York. And this bill creates the first-ever
20 mandated comprehensive study between the
21 Department of Health and OPWDD to understand the
22 regional delivery of services for TBI care here.
23 I want to tell a quick story about a
24 family in my district, Kate and Hannah Berryan.
25 Hannah was just 16 years old when she was walking
1231
1 across the street and she was hit by a texting
2 driver. That trauma turned into years of Kate
3 and her family fighting for services for
4 Hannah -- so much so that they actually had to
5 leave the Hudson Valley and move to Long Island
6 to find the care that Hannah needed for her TBI.
7 An update on this story, as some of
8 you may have heard it last year when we passed
9 this bill, is that Hannah today is actually in
10 Oklahoma seeking the -- actually receiving the
11 care that she needs. And the hope is that she
12 can come back to New York to be with her mother,
13 but we don't know if that's going to happen.
14 We have to do better here in our
15 state. We have to make sure that wherever you
16 live, you can get access to the local care that
17 you need. Especially with TBIs, traumatic brain
18 injuries impacting 2.5 million people, many
19 people don't even know maybe that they have one.
20 And so we have to make sure that we are actually
21 providing that care.
22 And I want to acknowledge and thank
23 Hannah's mother, Katherine, who is here with us
24 today, for her incredible advocacy on this issue,
25 for working through the bureaucracy that has been
1232
1 incredibly challenging just to get her daughter
2 the attention that she deserves.
3 I also want to thank Jess Singleton,
4 who was on my team and worked with Kate and
5 people like March Gallagher and others on this
6 legislation, recognizing that there was a void
7 that we need to solve here in this body.
8 So thank you both for your advocacy
9 and for your work. Hello to Hannah. I'm sure
10 she will be watching this. And I want to thank
11 everyone here for your support of this
12 legislation because we can do better and, through
13 this study, we will do better.
14 With that, Mr. President, I vote
15 aye.
16 ACTING PRESIDENT BAILEY: Senator
17 Hinchey to be recorded in the affirmative.
18 Announce the results.
19 THE SECRETARY: Ayes, 60.
20 ACTING PRESIDENT BAILEY: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 393, Senate Print 454, by Senator Gianaris, an
24 act to amend the General Municipal Law.
25 ACTING PRESIDENT BAILEY: Read the
1233
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the first of January.
4 ACTING PRESIDENT BAILEY: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT BAILEY: Announce
8 the results.
9 THE SECRETARY: Ayes, 60.
10 ACTING PRESIDENT BAILEY: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 400, Senate Print 5018, by Senator
14 Scarcella-Spanton, an act to amend the
15 Veterans' Services Law.
16 ACTING PRESIDENT BAILEY: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect on the 120th day after it
20 shall have become a law.
21 ACTING PRESIDENT BAILEY: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT BAILEY: Senator
25 Scarcella-Spanton to explain her vote.
1234
1 SENATOR SCARCELLA-SPANTON: Thank
2 you, Mr. President.
3 First and foremost, I want to
4 commend Senator Brooks, who was the previous
5 Senate chair of Veterans, Homeland Security and
6 Military Affairs, for his work on this
7 legislation and for veterans across our state.
8 I am proud to speak on this bill,
9 the first veterans-centered bill passed since
10 being appointed as chair of this committee. This
11 legislation establishes veteran career assistance
12 programs within CUNY and SUNY. This will include
13 assistance in resume writing to translate
14 military experience to civilian life, and
15 employment placement services.
16 As a proud CUNY graduate and as the
17 spouse of a U.S. Army veteran who is also a
18 CUNY graduate, I want to make sure those leaving
19 the armed forces and seeking out higher education
20 in New York State will have access to career
21 assistance resources.
22 This legislation is just one way to
23 give back to our veterans and support them the
24 way they have fought for us.
25 I proudly vote aye and encourage my
1235
1 colleagues to do the same. Thank you.
2 ACTING PRESIDENT BAILEY: Senator
3 Scarcella-Spanton to be recorded in the
4 affirmative.
5 Announce the results.
6 THE SECRETARY: Ayes, 60.
7 ACTING PRESIDENT BAILEY: The bill
8 is passed.
9 Senator Gianaris, that completes the
10 reading of today's calendar.
11 SENATOR GIANARIS: Thank you,
12 Mr. President.
13 Let's move right on to the
14 controversial calendar, please.
15 ACTING PRESIDENT BAILEY: The
16 Secretary will ring the bell.
17 The Secretary will read.
18 THE SECRETARY: Calendar Number
19 330, Senate Print 3285, by Senator Thomas, an act
20 to amend the General Business Law.
21 ACTING PRESIDENT BAILEY: Senator
22 Martins, why do you rise?
23 SENATOR MARTINS: Mr. President, if
24 the sponsor would yield for a few questions.
25 ACTING PRESIDENT BAILEY: Will the
1236
1 sponsor yield?
2 SENATOR THOMAS: Yes.
3 ACTING PRESIDENT BAILEY: The
4 sponsor yields.
5 SENATOR MARTINS: Thank you.
6 Mr. President, through you, if the sponsor would
7 describe for us what he means by children's
8 non-regulated camps.
9 SENATOR THOMAS: Through you,
10 Mr. President, children's non-regulated camps, as
11 defined under GBL Section 398-F, are defined as
12 property that consists of land, tents, vehicles,
13 buildings or other structures that may be
14 occupied on a scheduled basis by persons under 16
15 under general supervision, for the purpose of
16 organized group activities involving recreational
17 activities not subject to the provisions of
18 Article 13-B of the Public Health Law.
19 SENATOR MARTINS: Thank you,
20 Mr. President. Thank the sponsor for reading the
21 definition as it appears in the legislation.
22 If the sponsor would yield for
23 another question.
24 ACTING PRESIDENT BAILEY: Will the
25 sponsor yield for a question?
1237
1 SENATOR THOMAS: Yes.
2 ACTING PRESIDENT BAILEY: The
3 sponsor yields.
4 SENATOR MARTINS: I guess more
5 specifically, Mr. President, we have a series of
6 camps in our communities. Some of them are
7 operated by our local villages, some of them are
8 operated by local volunteer groups like athletic
9 associations that have camps, usually in the
10 summer, usually around sports activities --
11 baseball, soccer, hockey and the like.
12 In my own community of Mineola, we
13 have a summer camp that is run by the village
14 where we have high school students and college
15 students come --
16 ACTING PRESIDENT BAILEY: Senator
17 Martins, are you on the bill or asking the
18 sponsor to yield?
19 SENATOR MARTINS: I thought I had.
20 I apologize, Mr. President. Would the sponsor
21 yield for another question.
22 I'm pretty sure I did.
23 ACTING PRESIDENT BAILEY: Will the
24 sponsor yield?
25 SENATOR THOMAS: Yes.
1238
1 ACTING PRESIDENT BAILEY: The
2 sponsor yields.
3 SENATOR MARTINS: Mr. President, I
4 thought I did, but I will continue --
5 ACTING PRESIDENT BAILEY: It
6 appeared that you were on the bill, Senator
7 Martins.
8 SENATOR MARTINS: I appreciate it,
9 Mr. President.
10 And so again, in my community in
11 Mineola we have summer camps where we have older
12 children watching younger children as part of,
13 you know, the summer. They come in, they make a
14 couple of bucks, but they watch the younger
15 children.
16 So, Mr. President, I'd ask the
17 sponsor if those types of camps would be included
18 in your definition under your proposed bill.
19 SENATOR THOMAS: Through you,
20 Mr. President, this bill is about transparency
21 and making sure that children are protected. So
22 there are certain exemptions from paying a fee,
23 but they still need to register as unregulated
24 camps.
25 So if it's a village like the
1239
1 Village of Mineola, which is also part of my
2 district, they would be considered a nonprofit
3 and they will still need to register, under this
4 new law.
5 SENATOR MARTINS: Through
6 Mr. President, through you, if the sponsor would
7 continue to yield.
8 ACTING PRESIDENT BAILEY: Will the
9 sponsor yield?
10 SENATOR THOMAS: Yes.
11 ACTING PRESIDENT BAILEY: The
12 sponsor yields.
13 SENATOR MARTINS: So Mr. President,
14 through you, if they do register, can you
15 describe for us what that registration would look
16 like? Would it include a list of names of those
17 children who participate in the camp or any other
18 pertinent information with regard to the children
19 who participate in such camps?
20 SENATOR THOMAS: Under this bill
21 right now, the information that the Department of
22 State has to report to the Department of Health,
23 at a minimum it should be the location of the
24 camp, the number of children, and the name of the
25 camp. There is nothing in here that talks about,
1240
1 hey, give us the names of all the kids.
2 SENATOR MARTINS: Through you,
3 Mr. President, if the sponsor would continue to
4 yield.
5 ACTING PRESIDENT BAILEY: Will the
6 sponsor yield?
7 SENATOR THOMAS: Yes.
8 ACTING PRESIDENT BAILEY: The
9 sponsor yields.
10 SENATOR MARTINS: And would this
11 bill require the municipality, the
12 not-for-profit, the volunteer organization to be
13 subject to regulations that are to be determined
14 and not yet clarified, but to be determined and
15 put forth by the Department of State?
16 SENATOR THOMAS: Through you,
17 Mr. President. Right now, unregulated camps,
18 they have to check the sex offender registry to
19 make sure that there isn't anyone like that
20 watching the kids.
21 And the Department of State can, you
22 know, bring up other regulations as needed to
23 protect children.
24 SENATOR MARTINS: Mr. President, on
25 the bill.
1241
1 ACTING PRESIDENT BAILEY: Senator
2 Martins on the bill.
3 SENATOR MARTINS: Thank you.
4 Folks, we have -- we rely on
5 volunteers in our communities. Those volunteers
6 in our communities hold camps, they put their
7 time into these camps, teaching our children. It
8 could be a summer camp, as the one I described in
9 my village -- and other villages, certainly,
10 throughout the state. It can be volunteers who
11 put together basketball, hockey, baseball
12 programs.
13 The idea of adding additional
14 regulations and additional conditions -- it is
15 hard enough to get people to volunteer to put
16 these camps together. And now we're going to
17 require them not only to come up with an
18 additional fee, but be subject to an
19 as-yet-determined list of regulations that the
20 State Department of State is going to impose on
21 these volunteers.
22 Now, I understand if you want to
23 regulate a for-profit camp, one that is -- you
24 know, and we see them throughout the state in our
25 own communities, that's one thing. But when
1242
1 we're dealing with volunteers and we're dealing
2 with those who are asking to take time out of
3 their lives to put these together in order to
4 provide a safe environment for children,
5 especially during the summer, maybe to give
6 parents a break during the summer where they can
7 put their children into a camp, where they can
8 play with their friends -- to have them have to
9 come up with a fee and to comply with
10 regulations, I just think it's too far, frankly.
11 And so say that somehow the
12 Department of State is going to come out with
13 regulations, they're going to care for children
14 in these camps more so than the people who are
15 organizing them themselves, whether they are
16 village officials, whether they are local
17 community officials, whether they are civic
18 leaders in the community, whether they are
19 volunteers in the community, I think is
20 far-fetched.
21 And so, Mr. President, although I do
22 understand the sponsor's intent, I'll be voting
23 no.
24 ACTING PRESIDENT BAILEY: Thank
25 you, Senator Martins.
1243
1 Are there any other Senators wishing
2 to be heard?
3 Seeing and hearing none, debate --
4 Senator Rhoads, why do you rise?
5 SENATOR RHOADS: Thank you. Will
6 the sponsor yield for an additional question?
7 ACTING PRESIDENT BAILEY: Senator
8 Thomas, do you yield?
9 SENATOR THOMAS: Yes.
10 ACTING PRESIDENT BAILEY: The
11 sponsor yields.
12 SENATOR RHOADS: Senator, would
13 this include, for example, the many churches in
14 our community that conduct Vacation Bible School?
15 SENATOR THOMAS: So under this bill
16 they will be required to register, but there is
17 no fee associated with it.
18 SENATOR RHOADS: So every parish,
19 every church in our community that has a Vacation
20 Bible School will now have to register with the
21 state in order to be able to conduct religious
22 activity?
23 SENATOR THOMAS: Yes.
24 SENATOR RHOADS: How about police
25 athletic leagues?
1244
1 ACTING PRESIDENT BAILEY: Senator
2 Rhoads, are you asking the sponsor to yield?
3 SENATOR RHOADS: Yes. Will the
4 sponsor continue to yield?
5 ACTING PRESIDENT BAILEY: Will the
6 sponsor yield?
7 SENATOR THOMAS: Yes.
8 ACTING PRESIDENT BAILEY: The
9 Senator yields.
10 SENATOR RHOADS: Would that also
11 include, for example, a police athletic league
12 conducting programs on a regular -- on regular
13 intervals in the summertime?
14 SENATOR THOMAS: So if it's a
15 nonprofit or a religious organization, they're
16 just exempt from not paying the initial fee. But
17 they still have to register.
18 SENATOR RHOADS: Okay, thank you.
19 On the bill.
20 ACTING PRESIDENT BAILEY: Senator
21 Rhoads on the bill.
22 SENATOR RHOADS: Thank you, Senator
23 Thomas.
24 We certainly understand the
25 intention of the bill. And I want to echo the
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1 comments made by my colleague Senator Martins.
2 While the intent is pure, the
3 execution of the bill does put onerous burdens on
4 the free exercise of religious practice,
5 requiring the registration with the state. You
6 know, it additionally puts additional burdens on
7 volunteer organizations that simply want to
8 provide additional outlets and opportunities for
9 kids to be able to enjoy summertime activities.
10 Again, while we understand the
11 intention, the provisions of the bill are too
12 onerous. There's another way to accomplish the
13 objective other than requiring every single camp,
14 every single activity, to be registered with the
15 state. This is a step too far.
16 So I will be voting against the
17 bill. Thank you, Mr. President.
18 ACTING PRESIDENT BAILEY: Thank
19 you, Senator Rhoads.
20 Are there any other Senators wishing
21 to be heard?
22 Seeing and hearing none, debate is
23 closed. The Secretary will ring the bell.
24 Senator Gianaris.
25 SENATOR GIANARIS: We've agreed
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1 with our colleagues to restore this bill to the
2 noncontroversial calendar. Can we please take it
3 up that way.
4 ACTING PRESIDENT BAILEY: Upon
5 consent, this bill will be restored to the
6 noncontroversial calendar.
7 The Secretary will read the last
8 section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT BAILEY: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT BAILEY: Senator
15 Thomas to explain his vote.
16 SENATOR THOMAS: Thank you,
17 Mr. President.
18 This is an incredibly important bill
19 in our day and time when you have unregulated
20 groups out there just doing things that need to
21 be regulated.
22 One of the things that this bill
23 will do is make things transparent. This is
24 about the safety of children. And there should
25 be no price on the safety of our children in this
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1 state. This is not an additional burden on
2 religious institutions, this is not an additional
3 burden on nonprofits, because this is about the
4 safety of children.
5 We are now requiring these
6 unregulated camps to check the sex offenders
7 list. How is this a burden on nonprofits? This
8 is good for business. Parents send their kids to
9 these camps to make sure that they are safe.
10 Thank you, Mr. President. I vote
11 aye on this bill.
12 ACTING PRESIDENT BAILEY: Senator
13 Thomas to be recorded in the affirmative.
14 Senator Martins to explain his vote.
15 SENATOR MARTINS: Thank you,
16 Mr. President.
17 I wasn't going to rise to explain my
18 vote, but I feel compelled to.
19 Just to be clear and on the record,
20 so there is a record, these organizations,
21 Mr. President, already have requirements with
22 regard to complying with checking sex offender
23 rolls and already have requirements with regard
24 to safety. They already have requirements in
25 place imposed by the local communities, imposed
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1 by the counties, by the villages. And every
2 organization, whether it's a private organization
3 or a municipality, has those requirements.
4 This adds another layer to that
5 requirement and adds a layer of bureaucracy that
6 is unwarranted. Mr. President, that's why I'm
7 voting no.
8 ACTING PRESIDENT BAILEY: Senator
9 Martins to be recorded in the negative.
10 Announce the results.
11 THE SECRETARY: In relation to
12 Calendar 330, those Senators voting in the
13 negative are Senators Borrello, Griffo, Lanza,
14 Martins, Oberacker, Rhoads, Tedisco and Walczyk.
15 Ayes, 52. Nays, 8.
16 ACTING PRESIDENT BAILEY: The bill
17 is passed.
18 Senator Gianaris, that completes the
19 reading of today's calendar.
20 SENATOR GIANARIS: Is there any
21 further business at the desk?
22 ACTING PRESIDENT BAILEY: There is
23 no further business at the desk.
24 SENATOR GIANARIS: Move to adjourn
25 until tomorrow, Thursday, March 9th, at
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1 11:00 a.m.
2 ACTING PRESIDENT BAILEY: On
3 motion, the Senate stands adjourned until
4 Thursday, March 9th, at 11:00 a.m.
5 (Whereupon, at 6:01 p.m., the Senate
6 adjourned.)
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