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1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 March 9, 2023
11 11:49 a.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR SHELLEY B. MAYER, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
20
21
22
23
24
25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT MAYER: The Senate
3 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 MAYER: In the
9 absence of clergy, let us bow our heads in a
10 moment of silent reflection or prayer.
11 (Whereupon, the assemblage respected
12 a moment of silence.)
13 ACTING PRESIDENT MAYER: Reading of
14 the Journal.
15 THE SECRETARY: In Senate,
16 Wednesday, March 8, 2023, the Senate met pursuant
17 to adjournment. The Journal of Tuesday, March 7,
18 2023, was read and approved. On motion, the
19 Senate adjourned.
20 ACTING PRESIDENT MAYER: Without
21 objection, the Journal stands approved as read.
22 Presentation of petitions.
23 Messages from the Assembly.
24 Messages from the Governor.
25 Reports of standing committees.
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1 Reports of select committees.
2 Communications and reports from
3 state officers.
4 Motions and resolutions.
5 Senator Gianaris.
6 SENATOR GIANARIS: Good morning,
7 Madam President.
8 I move to adopt the
9 Resolution Calendar, with the exception of
10 Resolution 509.
11 ACTING PRESIDENT MAYER: All those
12 in favor of adopting the Resolution Calendar,
13 with the exception of Resolution 509, please
14 signify by saying aye.
15 (Response of "Aye.")
16 ACTING PRESIDENT MAYER: Opposed,
17 nay.
18 (No response.)
19 ACTING PRESIDENT MAYER: The
20 Resolution Calendar is adopted.
21 Senator Gianaris.
22 SENATOR GIANARIS: Can we begin by
23 taking up previously adopted Resolution 55, by
24 Senator Tedisco, read its title, and recognize
25 Senator Tedisco.
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1 ACTING PRESIDENT MAYER: The
2 Secretary will read.
3 THE SECRETARY: Senate Resolution
4 55, by Senator Tedisco, congratulating the
5 Waterford-Halfmoon Girls Soccer Team and
6 Head Coach Meghan Reynolds upon the occasion of
7 winning the New York State Class C Girls Soccer
8 Championship.
9 ACTING PRESIDENT MAYER: Senator
10 Tedisco on the resolution.
11 SENATOR TEDISCO: Thank you,
12 Madam President.
13 Let me say I'm extremely proud to
14 welcome yet another group of outstanding state
15 champions from the 44th Senate District to the
16 chamber today.
17 The Waterford-Halfmoon High School
18 Girls Soccer Team and Head Coach Meghan Reynolds
19 captured the New York State Class C Girls Soccer
20 Championship with a six-to-three triumph over
21 Sauquoit Valley on Sunday, November 13, 2022, at
22 Cortland High School.
23 These are uncharted waters for the
24 Fordians as they won their first New York State
25 championship while garnering a record of 40 and 2
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1 over the course of the past two seasons.
2 Prior to their success at the state
3 level, the Fordians breezed through the Section
4 II playoffs with wins over Cambridge, Berne,
5 OESJ, and Voorheesville by a combined margin of
6 33-1.
7 Throughout the entire season, these
8 outstanding scholar athletes outscored their
9 opponents by a margin of 161-16, which is better
10 than a 10-to-one ratio. Truly a job well done.
11 At this time, as I welcome them, I
12 would ask you if they would stand up as I mention
13 each one of their names. First, Maddalyn Atwood,
14 Bayly Beauregard, Sophia Belonga, Imani
15 Bloomfield, Carly Cordts, Emily Costello,
16 Addyson Galuski, Payton Galuski, Zoe Grennon,
17 Donella Jordan, Sarah Kelly, Cassidy McClement,
18 Piper Morris, Baylee Noto, Mia O'Brien, Alexandra
19 Phelps, Samara Roberts, and Isabella Vecchio.
20 Along with them today, because
21 they're outstanding -- they work tremendously as
22 a team, but they had a lot of good team members
23 behind them, and that was their school, their
24 administrators, their parents, all of their
25 supporters. And again, I introduce to you their
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1 coach, Meghan Reynolds; Assistant Coach Courtney
2 Trembley, Athletic Director Michael Robbins,
3 Assistant Principal Joel Richardson, and
4 Principal Christopher Scanlan.
5 This was their first championship.
6 They made history. And I told them they made
7 history today because they will be chronicled
8 with this resolution for as long as the Senate
9 exists here, and hopefully our democratic
10 democracy will last that long.
11 I would ask you to welcome them,
12 show them all the appreciation of this august
13 body, and show our appreciation to them as
14 outstanding student athletes.
15 Thank you, Madam President.
16 ACTING PRESIDENT MAYER: Thank you,
17 Senator Tedisco.
18 To our guests, our champions, I
19 welcome you on behalf of the Senate. We extend
20 to you the privileges and courtesies of the
21 house.
22 Please rise and be recognized.
23 (Standing ovation.)
24 ACTING PRESIDENT MAYER: The
25 resolution was previously adopted on
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1 January 10th.
2 Senator Gianaris.
3 SENATOR GIANARIS: Madam President,
4 let's move on now to Resolution 509, by
5 Senator Webb, read that resolution's title, and
6 recognize Senator Ramos.
7 ACTING PRESIDENT MAYER: The
8 Secretary will read.
9 THE SECRETARY: Senate Resolution
10 509, by Senator Webb, memorializing
11 Governor Kathy Hochul to proclaim March 8, 2023,
12 as International Women's Day in the State of
13 New York.
14 ACTING PRESIDENT MAYER: Senator
15 Ramos on the resolution.
16 SENATOR RAMOS: Thank you,
17 Madam President.
18 And happy International Women's Day
19 to you and to all our women Senators. Not so
20 long ago in history, this chamber was filled with
21 humans only male, pale and stale, and I think
22 we've spiced it up a bit.
23 But, you know, this is an important
24 day to recognize in the State of New York. You
25 know, on March 8, 1857, garment workers marched
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1 in downtown Manhattan in protest of unfair
2 working conditions. And this is actually why we
3 recognize women and our struggles and challenges
4 and everything we've overcome to be where we are
5 today on this special day.
6 That day, those workers were
7 organizing for a shorter workday and for decent
8 wages. And actually just this past Monday,
9 crossing the Manhattan Bridge, lead by immigrant
10 women, hundreds of workers marched for a safety
11 net that grants them dignity and respect and
12 parity with those who do qualify for unemployment
13 insurance.
14 And then, just yesterday, the halls
15 of our New York State Capitol were filled with
16 home care workers, hospitality workers and
17 restaurant workers, human service workers,
18 domestic workers, and minimum-wage workers.
19 Because of all working women in New York State, a
20 whopping third are minimum-wage earners here in
21 our communities.
22 But we stood together on the
23 Million Dollar Staircase to demand dignified
24 wages and of course continue our fight for
25 childcare, for affordable housing, for more MWBE
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1 contracts, and so much more that we can do to put
2 money in women's pockets.
3 The reason we're fighting, of
4 course, is because women in New York are more
5 likely to live in poverty than men. Women of
6 color, single mothers, women who work part-time
7 in underpaid jobs are at even higher risk of
8 poverty, especially as the cost of living rises.
9 You know, we are about to see the
10 final budget, hopefully in a few weeks, by the
11 first elected woman Governor of the State of
12 New York. And it is my hope that in that budget,
13 in that final budget, we end the exacerbation of
14 the feminization of poverty that has
15 unfortunately plagued our state and our country
16 for so long.
17 So I want to thank you,
18 Madam President, for this opportunity. And I
19 want to wish all of my colleagues a happy
20 International Women's Day, yesterday, today and
21 every day.
22 Thank you.
23 ACTING PRESIDENT MAYER: Thank you,
24 Senator Ramos.
25 The question is on the resolution.
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1 All in favor signify by saying aye.
2 (Response of "Aye.")
3 ACTING PRESIDENT MAYER: Opposed?
4 (No response.)
5 ACTING PRESIDENT MAYER: The
6 resolution is adopted.
7 Senator Gianaris.
8 SENATOR GIANARIS: At the request
9 of the sponsors, the resolutions we took up today
10 are open for cosponsorship.
11 ACTING PRESIDENT MAYER: The
12 resolutions are open for cosponsorship. Should
13 you choose not to be a cosponsor of the
14 resolutions, please notify the desk.
15 Senator Gianaris.
16 SENATOR GIANARIS: There's a
17 privileged resolution at the desk,
18 Madam President. Please take that up, read its
19 title, and let's take a vote on it.
20 ACTING PRESIDENT MAYER: The
21 Secretary will read.
22 THE SECRETARY: Senate Resolution
23 540, by Senator Stewart-Cousins, Concurrent
24 Resolution of the Senate and Assembly proposing
25 to implement, pursuant to and in compliance with
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1 the provisions of Article VII of the Public
2 Officers Law, a system of videoconferencing to
3 conduct meetings.
4 SENATOR LANZA: Lay it aside.
5 ACTING PRESIDENT MAYER: Senator
6 Gianaris.
7 SENATOR GIANARIS: Madam President,
8 I think -- what I understand is that there's
9 questioning on the resolution, which we're happy
10 to take up now.
11 SENATOR LANZA: Thank you.
12 ACTING PRESIDENT MAYER: Senator
13 Palumbo, why do you rise?
14 SENATOR PALUMBO: Thank you,
15 Madam President. Would the sponsor yield for a
16 few questions on this resolution, please.
17 ACTING PRESIDENT MAYER: Senator
18 Gianaris, do you yield?
19 SENATOR GIANARIS: Yes, I do.
20 ACTING PRESIDENT MAYER: The
21 Senator yields.
22 SENATOR PALUMBO: Thank you,
23 Senator. How are you? And good morning. It's
24 still barely morning. How are you?
25 SENATOR GIANARIS: Very well.
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1 SENATOR PALUMBO: I have a few
2 questions on this joint resolution, if I may.
3 And I see that it indicates that it
4 was in compliance with Public Officers Law that
5 there was a hearing on March 1, 2023, to receive
6 public comment.
7 And my question is, on that
8 particular hearing -- I believe the hearing that
9 we're referring to, just so I'm clear, was the
10 Investigations hearing that was about 10 minutes
11 long. In fact, I'm a member of the
12 Investigations Committee, and I was heading to
13 the hearing. There was one group, there were no
14 questions asked, and they just indicated a few
15 things, and that was that.
16 Is that the hearing that we're
17 referring to?
18 SENATOR GIANARIS: I don't know
19 if -- what your description is explaining, but I
20 know there was a hearing on March 1st in Hearing
21 Room A. If that's the one you're talking about,
22 then yes.
23 SENATOR PALUMBO: Will the sponsor
24 continue to yield, please.
25 ACTING PRESIDENT MAYER: Do you
1262
1 continue to yield?
2 SENATOR GIANARIS: Yes.
3 ACTING PRESIDENT MAYER: The
4 Senator yields.
5 SENATOR PALUMBO: And assuming that
6 complied with Public Officers Law -- because I
7 have the section here. It's Public Officers Law
8 Section 103-A. And there is a number of criteria
9 that needs to be met that a public body may, in
10 its discretion, use videoconferencing to conduct
11 its meetings pursuant to the requirements of this
12 article.
13 And in fact it says, in
14 subsection 2, that -- provided that a minimum
15 number of members are present to fulfill the
16 public body's quorum requirement in the same
17 physical location or locations where the public
18 can attend and the following criteria are met.
19 And that specific language is in the resolution.
20 So regarding the criteria, it also
21 indicates, at Section 2(b), that "the public body
22 has established written procedures governing
23 member and public attendance consistent with this
24 section, and such written procedures shall be
25 conspicuously posted on the public website of the
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1 public body."
2 Can you tell me where the specific
3 location of these written procedures are located
4 as we sit here today?
5 SENATOR GIANARIS: Well, we first
6 have to adopt the resolution through both houses
7 for this procedure to be authorized. And at that
8 time the language of this resolution -- actually,
9 the language of the resolution's already
10 available publicly, but it will have been passed
11 through both houses once that happens.
12 SENATOR PALUMBO: Will the sponsor
13 continue to yield, please.
14 ACTING PRESIDENT MAYER: Do you
15 continue to yield?
16 SENATOR GIANARIS: Yes.
17 ACTING PRESIDENT MAYER: The
18 Senator yields.
19 SENATOR PALUMBO: Thank you,
20 Senator.
21 But the language here, "the public
22 body has established," past tense. So as we sit
23 here today, is it I guess the position of the
24 Majority that they don't need to have previously
25 established those written procedures, that they
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1 will be prepared and adopted at a future date?
2 SENATOR GIANARIS: No. What I am
3 saying is that the language in the resolution
4 that's before us, where it says "RESOLVED," in
5 four separate paragraphs, are the written
6 procedures that will govern how videoconferencing
7 will occur in these houses. They're not in
8 effect until they pass both houses by joint
9 resolution, which is what we're doing now.
10 SENATOR PALUMBO: Thank you. Would
11 you continue to yield, please.
12 ACTING PRESIDENT MAYER: Do you
13 continue to yield?
14 SENATOR GIANARIS: Yes.
15 ACTING PRESIDENT MAYER: Yes, he
16 continues to yields.
17 SENATOR PALUMBO: Thank you,
18 Senator.
19 And so when we look at those
20 paragraphs -- let's look at the second "RESOLVE"
21 paragraph: "That the legislators shall be
22 permitted, on a case by case basis" -- and I'm
23 going to read through this section, and then I'm
24 going to compare it to the Public Officers Law.
25 Because again, clearly that section was
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1 referenced because it's identical language to an
2 extent. And then there are some other questions
3 I'm going to have in that regard.
4 But they're "permitted, on a case by
5 case basis, if unable to be physically present at
6 any such meeting due to extraordinary
7 circumstances or any other significant or
8 unexpected factor or event which precludes the
9 member's physical attendance at such meeting, and
10 with the approval of the appropriate leader
11 pursuant to the procedures established by each
12 house, to participate in meetings through the use
13 of videoconferencing."
14 And I reference that as well in the
15 Public Officers Law section (c) that says "be
16 physically present at any such meeting location
17 due to extraordinary circumstances, as set forth
18 in the resolution and written procedures adopted
19 pursuant to paragraphs (a) and (b) of this
20 subdivision. This is referring to that
21 Public Officers Law section.
22 But it also says "including
23 disability, illness, caregiving responsibilities,
24 or any other significant or unexpected factor or
25 event which precludes the member's physical
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1 attendance at such meeting."
2 Well, I appreciate you obliging me
3 to get through all of that, but that's identical
4 language, but we do not have in the resolution
5 disability, illness, caregiving responsibilities
6 specifically.
7 So can you tell me why that was not
8 included in this resolution? Because it seems
9 quite vague to me.
10 SENATOR GIANARIS: First of all,
11 the statute is also relevant here, and that
12 language is there. But that is a nonexclusive
13 list of possible extraordinary circumstances that
14 the statute envisions. So we didn't think it was
15 necessary to list the nonexclusive list of
16 examples that's in the statute that are intended
17 to give context to what the words mean.
18 SENATOR PALUMBO: Will Senator
19 Gianaris continue to lead -- yield, please.
20 ACTING PRESIDENT MAYER: Do you
21 continue to yield?
22 SENATOR GIANARIS: Yes.
23 ACTING PRESIDENT MAYER: Senator
24 Gianaris yields.
25 SENATOR PALUMBO: Would illness be
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1 included? I guess it's a nonexclusive list, but
2 it doesn't specifically have some of them that
3 are kind of easy to recognize -- illness,
4 caregiving responsibilities. Would those be
5 included when it comes to an excuse that would
6 allow someone to videoconference?
7 SENATOR GIANARIS: Yes.
8 SENATOR PALUMBO: Would you
9 continue to yield, please.
10 ACTING PRESIDENT MAYER: Do you
11 yield?
12 SENATOR GIANARIS: Yes.
13 ACTING PRESIDENT MAYER: The
14 Senator yields.
15 SENATOR PALUMBO: And of course
16 those questions would also apply to
17 disability and caregiving responsibilities?
18 SENATOR GIANARIS: Yeah, I think
19 you read the entire list, and I said yes.
20 SENATOR PALUMBO: Thank you.
21 Would you continue to yield, please.
22 ACTING PRESIDENT MAYER: Do you
23 yield?
24 SENATOR GIANARIS: Yes.
25 ACTING PRESIDENT MAYER: The
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1 Senator yields.
2 SENATOR PALUMBO: And I appreciate
3 that, Senator. Because as I said, it seems quite
4 vague to me where we have some of these -- some
5 of this language in here, but not all of it.
6 "The approval of the appropriate
7 leader pursuant to the procedures established by
8 each house." That's not enumerated in here, and
9 we don't have any other written procedures or
10 policies to refer to.
11 So who is the appropriate leader in
12 the Senate?
13 SENATOR GIANARIS: The Temporary
14 President and Majority Leader.
15 SENATOR PALUMBO: And in the
16 Assembly, who is the appropriate leader under the
17 joint resolution rules?
18 SENATOR GIANARIS: The Speaker of
19 the Assembly.
20 SENATOR PALUMBO: And isn't there
21 also -- would you continue to yield? I'm sorry.
22 ACTING PRESIDENT MAYER: Do you
23 continue to yield?
24 SENATOR GIANARIS: Yes.
25 ACTING PRESIDENT MAYER: The
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1 Senator yields.
2 SENATOR PALUMBO: We were on a roll
3 there for a second. I forget the procedure on
4 occasion.
5 Is there any involvement of the
6 Minority Leader in the Assembly with respect to
7 the minority members down the hall?
8 SENATOR GIANARIS: Down the hall?
9 Or --
10 SENATOR PALUMBO: In the Assembly.
11 SENATOR GIANARIS: In the Assembly?
12 Well, the Assembly will determine its own
13 procedures in terms of how the Speaker intends to
14 receive and decide on those requests.
15 I imagine here in the Senate it will
16 work the same way excusals currently work, or
17 committee memberships currently work, which is
18 the Minority Leader will communicate to the
19 Majority Leader a request, and she will decide
20 accordingly.
21 SENATOR PALUMBO: Would you
22 continue to yield, please.
23 ACTING PRESIDENT MAYER: Do you
24 continue to yield?
25 SENATOR GIANARIS: Yes.
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1 ACTING PRESIDENT MAYER: The
2 Senator yields.
3 SENATOR PALUMBO: So would the
4 final say-so, whether it's a valid excuse or not,
5 be on the Majority Leader in the Senate, not the
6 Minority Leader?
7 SENATOR GIANARIS: That's correct.
8 Like everything else we do here.
9 SENATOR PALUMBO: Would you
10 continue to yield, please.
11 ACTING PRESIDENT MAYER: Do you
12 continue to yield?
13 SENATOR GIANARIS: Yes.
14 ACTING PRESIDENT MAYER: The
15 Senator yields.
16 SENATOR PALUMBO: And assuming that
17 there are rules that are going to be adopted in
18 the Assembly, will these Senate rules mirror
19 exactly the rules in the Assembly when it comes
20 to whoever -- who has the final say with respect
21 to established criteria for an excuse to
22 videoconference?
23 SENATOR GIANARIS: I don't know how
24 the Assembly is going to determine its own
25 procedures. We have responsibility for the
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1 Senate over here.
2 SENATOR PALUMBO: Would you
3 continue to yield, please.
4 ACTING PRESIDENT MAYER: Do you
5 continue to yield?
6 SENATOR GIANARIS: Yes.
7 ACTING PRESIDENT MAYER: The
8 Senator yields.
9 SENATOR PALUMBO: Thank you.
10 Well, Senator, our understanding was
11 that the excuse -- and I use it, "an excuse," to
12 be excused, of course, from being physically
13 present, is what I'm referring to -- that the
14 excuse would be controlled by each appropriate
15 leader in their conference. That absent specific
16 criteria, I believe that might have some fluid,
17 for lack of a better phrase, interpretations.
18 So do we -- will we have any
19 specific enumerated list, a -- and I'd prefer an
20 exhaustive list, but a specific list so that we
21 can know whether or not we fit within the
22 parameters of an appropriate excuse?
23 SENATOR GIANARIS: Well, first of
24 all, let me correct something you misstated. The
25 excusals are the responsibility of the
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1 Majority Leader. I believe there's deference to
2 the Minority Leader when members of his
3 conference are seeking an excusal.
4 But as a matter of who has authority
5 to grant that excusal, it's the Majority Leader.
6 So we're not changing that procedure as it
7 relates to the opportunity to participate
8 remotely.
9 SENATOR PALUMBO: Would you
10 continue to yield, please.
11 ACTING PRESIDENT MAYER: Do you
12 continue to yield?
13 SENATOR GIANARIS: Yes.
14 ACTING PRESIDENT MAYER: The
15 Senator yields.
16 SENATOR PALUMBO: Thank you,
17 Senator.
18 Now, assuming someone fits the
19 criteria and gets the approval from the
20 Majority Leader only, will they be able to vote,
21 as we did during the COVID procedures, vote --
22 not debate, but vote by remote sheet, by vote
23 sheet?
24 SENATOR GIANARIS: I think the
25 exact procedures and the details of it will be
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1 determined once this is authorized.
2 But I would imagine something to
3 that effect. I know that the statute also
4 requires the ability to see the person who's
5 videoconferencing in, and so we'd have to make
6 sure that we abide by those requirements.
7 SENATOR PALUMBO: I just want to
8 follow up, if you would continue to yield.
9 ACTING PRESIDENT MAYER: Do you
10 continue to yield?
11 SENATOR GIANARIS: Yes.
12 ACTING PRESIDENT MAYER: The
13 Senator yields.
14 SENATOR PALUMBO: Thank you,
15 Senator.
16 So in light of just -- what I'm
17 gleaning from our discussion is that there will
18 be more specific procedures eventually adopted so
19 that it can be a little bit more clear for the
20 body and for the public?
21 SENATOR GIANARIS: The words in
22 this resolution are what will govern this
23 procedure. Whether there's something to follow
24 that will be specifically written or just
25 communicated through the leadership, I don't know
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1 at this time.
2 SENATOR PALUMBO: Okay. Thank you,
3 Senator Gianaris.
4 On the resolution, please.
5 ACTING PRESIDENT MAYER: Senator
6 Palumbo on the resolution.
7 SENATOR PALUMBO: Well, thank you,
8 Madam President.
9 And I do appreciate I guess the
10 spirit of this.
11 I think that there are some
12 significant inconsistencies between this
13 resolution and the Public Officers Law, because
14 this is -- I believe it's intentionally quite
15 vague. Because clearly the statute was
16 referenced. And when you compare it word for
17 word, there are some really important aspects of
18 the Public Officers Law that are not included.
19 And quite frankly, I don't believe this meets the
20 criteria as required by law.
21 We had a public hearing, if you want
22 to call it that, that was 10 minutes. As I said,
23 I was on my way to the hearing and I found out it
24 was over. There were no questions asked. There
25 was one group that spoke. And in fact the one
1275
1 group said -- the ones that did speak said "It's
2 about good government. We need to have this
3 resolution age like a bill for three days."
4 We got it yesterday. So they
5 haven't even complied with the one group of
6 witnesses that testified at the 10-minute public
7 hearing.
8 And more importantly, we don't have
9 written procedures. Because this is a very broad
10 stroke, this resolution.
11 And again, I get it. But I just
12 think that the arbitrary nature of the whims of
13 whether or not we fit into certain criteria -- is
14 it a car accident and someone's in the hospital?
15 Or is it that, well, I had an emergency vacation
16 in Hawaii? I don't know.
17 And that's the concern, that this is
18 left to the arbitrary whims of a Majority Leader
19 in the Senate, and apparently only the Speaker in
20 the Assembly. Which is not the information that
21 I got, that it actually was we're all adults,
22 that the Majority Leader would just say, We're
23 excusing so-and-so. Or the Minority Leader can
24 say, We're excusing a member of our conference.
25 So I'm really concerned with the
1276
1 language here. Unfortunately, I don't believe
2 this even complies with the Public Officers Law.
3 So, Madam President, I will be
4 voting no on this resolution, and I encourage my
5 colleagues to do the same. Thank you.
6 ACTING PRESIDENT MAYER: Senator
7 Borrello on the resolution.
8 SENATOR BORRELLO: Thank you,
9 Madam President.
10 Like my colleague Senator Palumbo, I
11 think the spirit of this is to allow for an
12 emergency. But this bill is just poorly written
13 and vague. And I agree, I think it was done
14 intentionally.
15 You know, we've unfortunately become
16 very comfortable with insulating ourselves from
17 the people we represent. And there's probably no
18 greater evidence of that than a brief 10-minute,
19 hurried hearing, where really no one was invited
20 to actually speak on what they feel good
21 government looks like in this situation.
22 You know, we've all experienced
23 situations where we felt that the rules favored
24 one person over the other and that was not fair.
25 And we all want to be fair. This is license to
1277
1 not be fair. And that's really the problem with
2 this bill.
3 This is license for someone to say:
4 I deem this an emergency, and I deem this not an
5 emergency. And there are no guardrails, there
6 are no standards, and there's certainly no public
7 scrutiny of what is deemed an emergency. That's
8 the fundamental problem with this.
9 I've spoken in the past about how
10 we've further separated ourselves from the people
11 that we are supposed to represent, the people who
12 vote for us to send us here. The people who pay
13 taxes to pay the salaries that allow us to do
14 this job.
15 And yet we continue to do things to
16 say that we'll take care of this, we're smarter
17 than you, you really don't need to have a say in
18 this, this is up to us. That's the very
19 definition of an elitist attitude.
20 This bill takes us further down that
21 road to say that it really doesn't matter what
22 the people think, the great unwashed that we
23 represent. It's a horrible attitude. It's a
24 horrible way to govern. And it's certainly not
25 an open and transparent government.
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1 So I'll be voting no. Thank you,
2 Madam President.
3 ACTING PRESIDENT MAYER: Senator
4 Gianaris on the resolution.
5 SENATOR GIANARIS: Thank you,
6 Madam President.
7 My colleague Senator Borrello has
8 good taste in science fiction, but really bad
9 opinions about resolutions and legislation.
10 (Laughter.)
11 SENATOR GIANARIS: Give me a break.
12 We have operated under rules much more lenient
13 than these for over two years in the midst of
14 COVID.
15 Now, I hope Senator Palumbo and
16 Senator Borrello never have to avail themselves
17 of the opportunity to participate remotely
18 because they're ill. But this is something for
19 the protection of everyone in this chamber, and
20 to afford people the opportunity to participate
21 in our democratic process when they can't be
22 here.
23 It still requires a physical quorum
24 of members to be present. And, you know, it's
25 funny, because these crocodile tears -- which, by
1279
1 the way, would not qualify as an illness, so
2 don't try and get out of it for that reason. But
3 they would be completely on the other side of
4 this if, God forbid, someone had COVID and
5 couldn't be here and were not allowed to
6 participate. And then you'd be screaming, Why
7 don't we have a process to let people vote,
8 because you've been denying the opportunity to
9 vote.
10 So I know you've got to object to
11 everything we do here, because, like, you're in
12 the Minority. But this is something that is
13 intended to protect your rights, as well as our
14 members' rights, to represent your constituents
15 and be here and participate and vote when you
16 physically cannot be here for extraordinary
17 reasons. Not because, you know, you want to sit
18 home with your feet on the couch and watch
19 television. That would not count.
20 I vote aye. Thank you,
21 Madam President.
22 ACTING PRESIDENT MAYER: Thank you,
23 Senator Gianaris.
24 Senator Helming on the resolution.
25 SENATOR HELMING: Thank you,
1280
1 Madam President. I rise to explain my vote on
2 this resolution.
3 In reading through it, I -- you've
4 heard me say this before on this floor, that the
5 devil's in the details. So when I read through
6 it, I really become concerned.
7 For instance, as Senator Palumbo
8 pointed out, this reso states that procedures
9 will be established by each house. But we don't
10 have any idea what those procedures are. There's
11 nothing before us. That's one of the reasons why
12 I will be voting no.
13 Also, it talks about extraordinary
14 circumstances or any other significant or
15 unexpected factor or event. Again, there are no
16 parameters there to give me any indication of
17 what would be considered. Another reason why
18 I'll be voting no.
19 It also talks about the approval of
20 the appropriate leader. And to me, that's clear
21 as mud. The leader that this conference voted
22 for is the Minority Leader, Rob Ortt. So I would
23 assume he would be giving the approvals, but it's
24 not clear in this resolution.
25 And then finally, we just received
1281
1 this resolution yesterday. And we do a lot of
2 talking about accountability, transparency, good
3 government. But in my opinion, rushing this
4 through this way, not giving the public at least
5 72 hours to look at this and to comment on it, is
6 not good government. And it's not what we need
7 to do to begin to restore trust and faith in our
8 state government.
9 For those reasons and many more, I
10 will be voting no on this resolution.
11 ACTING PRESIDENT MAYER: Senator
12 Rhoads on the resolution.
13 SENATOR RHOADS: Thank you,
14 Madam President.
15 The problem is -- to Senator
16 Gianaris's point, the problem is that the
17 resolution doesn't say in case of illness.
18 I think everyone in this chamber
19 would be in agreement that if there's an illness,
20 providing a mechanism for people to continue to
21 be able to participate sounds like a good idea.
22 The problem is that the resolution really doesn't
23 establish any criteria.
24 And in the limited time that I've
25 been -- I've had the honor of being in this
1282
1 chamber, unfortunately it's not the first time
2 where I would be concerned about the absence of
3 detail when we're establishing the rules.
4 SENATOR GIANARIS: Madam President,
5 would Senator Rhoads yield for a question?
6 ACTING PRESIDENT MAYER: Senator
7 Rhoads, do you yield?
8 SENATOR RHOADS: I -- I --
9 ACTING PRESIDENT MAYER: Yes? Is
10 that yes?
11 SENATOR RHOADS: I'm speaking on
12 the resolution.
13 ACTING PRESIDENT MAYER: Yes.
14 SENATOR GIANARIS: And I'm asking
15 you to yield for a question.
16 SENATOR RHOADS: Sure.
17 SENATOR GIANARIS: Thank you.
18 ACTING PRESIDENT MAYER: The
19 Senator yields.
20 SENATOR GIANARIS: Can you read the
21 first "RESOLVED" paragraph in the resolution? Do
22 you see where it says "in compliance with the
23 provisions of Article 7 of the Public Officers
24 Law"?
25 SENATOR RHOADS: Yes, I see it.
1283
1 SENATOR GIANARIS: Would Senator
2 Rhoads continue to yield?
3 SENATOR RHOADS: Yes.
4 ACTING PRESIDENT MAYER: The
5 Senator yields.
6 SENATOR GIANARIS: So Section 7 of
7 the Public Officers -- or whatever the
8 appropriate section is there that's referenced --
9 Article 7 of the Public Officers Law lists the
10 things that Senator Rhoads is asking about.
11 We reference that we are complying
12 with Article 7 of the Public Officers Law, which
13 says disability, illness, and caregiving
14 responsibilities. So by reference, we exactly
15 list the things that he is asking about.
16 SENATOR RHOADS: The concern that I
17 have is with respect to the paragraph that goes
18 below that, where it indicates "RESOLVED, That
19 legislators shall be permitted, on a case by case
20 basis, if unable to be physically present at any
21 such meeting due to extraordinary circumstances
22 or other significant or unexpected factor or
23 event which precludes the member's physical
24 attendance at such meeting, and with the approval
25 of the appropriate leader pursuant to the
1284
1 procedures established by each house, to
2 participate in meetings through the use of
3 videoconferencing," and then it goes to speak to
4 the next "RESOLVED" section.
5 The issue that I have is without
6 there being clearly established parameters as to
7 what is and isn't going to be considered a valid
8 excuse, we now leave it up to one individual to
9 determine whether my illness, whether my excuse,
10 whether my problem that prevents my attendance is
11 going to be considered worthy, whereas somebody
12 else may be considered differently.
13 And that's -- whether this power was
14 vested in a Democrat or a Republican, I would
15 have the same exact concern with the lack of
16 parameters. It leaves it open to interpretation.
17 And having been here in the short
18 period of time that I've been here, my concern is
19 that I've already seen -- I mean, look at the
20 La Salle nomination, for example. I've already
21 seen where the rules can be manipulated --
22 whether it's adding additional people to the
23 Judiciary Committee, whether it's permitting
24 people to be able to participate remotely and
25 vote remotely when they may or may not be here,
1285
1 because we need the vote.
2 And so my concern is if it's a
3 situation where it's a close vote and I'm not
4 able to be here, my reason for that may be
5 considered differently if my vote's not going to
6 make a difference than if it did make a
7 difference.
8 And that's my concern. Without
9 those clear parameters and without being able to
10 establish under what circumstances an excuse will
11 be considered and not considered, you create the
12 opportunity for the process to be abused.
13 And so that's why I'll be voting no,
14 Madam President.
15 ACTING PRESIDENT MAYER: The
16 question is on the resolution.
17 The Secretary will call the roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT MAYER: Announce
20 the results.
21 THE SECRETARY: In relation to
22 Resolution 540, those Senators voting in the
23 negative are Senators Ashby, Borrello,
24 Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming,
25 Lanza, Martins, Mattera, Murray, Oberacker,
1286
1 O'Mara, Ortt, Palumbo, Rhoads, Rolison, Stec,
2 Tedisco, Walczyk and Weber.
3 Ayes, 41. Nays, 20.
4 ACTING PRESIDENT MAYER: The
5 resolution is adopted.
6 Senator Gianaris.
7 SENATOR GIANARIS: Madam President,
8 by consent, we're going to go back to motions and
9 resolutions.
10 I understand Senator -- I hope I can
11 pronounce this correctly -- Cantoneri-Fitzpatrick
12 wanted to speak on the Women's Day resolution and
13 didn't have the opportunity. So if we could
14 please recognize her for comments.
15 ACTING PRESIDENT MAYER: Senator
16 Canzoneri-Fitzpatrick on the resolution.
17 SENATOR CANZONERI-FITZPATRICK:
18 Thank you, Madam President. Thank you,
19 Senator Gianaris.
20 I just wanted to say that I fully
21 support this resolution. I thank the sponsor for
22 bringing this to the floor.
23 As I stated yesterday, the women in
24 our lives help us achieve the goals that we have
25 and allow us to be examples for our future
1287
1 generations.
2 As I stated yesterday, my
3 grandmother came to this country not speaking
4 English and with minimal education, and I applaud
5 the women like her that have brought us all to
6 the place that we are today.
7 I also, as the mom of three girls,
8 want to continue to support them, whether they
9 want to be in sports, whether they want to be in
10 fields that are traditionally held by men. I
11 have a daughter who's a major in chemical
12 engineering, and I'm so proud of her because
13 there are so few women in that field.
14 So I thank the Senate for this
15 resolution, and I continue to support women in
16 all of their endeavors as we try to continue our
17 success and applaud the women who got us to this
18 point.
19 Thank you so much.
20 ACTING PRESIDENT MAYER: Thank you,
21 Senator Canzoneri-Fitzpatrick.
22 Now we will go back -- Senator
23 Gianaris.
24 SENATOR GIANARIS: Thank you.
25 And of course I did manage to
1288
1 mispronounce Senator Canzoneri-Fitzpatrick's
2 name, so my apologies for that.
3 Can we now take up the reading of
4 the calendar.
5 ACTING PRESIDENT MAYER: The
6 Secretary will read.
7 THE SECRETARY: Calendar Number
8 258, Senate Print 2175, by Senator Kennedy, an
9 act to amend the Workers' Compensation Law.
10 ACTING PRESIDENT MAYER: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the first of January.
14 ACTING PRESIDENT MAYER: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT MAYER: Senator
18 Kennedy to explain his vote.
19 SENATOR KENNEDY: Madam President,
20 on the bill.
21 I rise today to speak on this
22 legislation that I'm so proud to support and
23 sponsor, a bill that's personal for tens of
24 thousands of women and families across New York.
25 Through this bill, the birth of a stillborn child
1289
1 will be added as a qualifying condition for paid
2 family leave here in New York State.
3 It will allow individuals who lose a
4 child to take time to grieve, process their loss,
5 and begin the healing process. We all know that
6 healing process truly never ends.
7 One in four pregnancies end in loss,
8 and of that one in every 160 births are
9 stillborn. There are 3,000 stillborn babies here
10 in New York State alone every single year. And
11 as I mentioned, this is personal for all of those
12 families, including many in this room here today.
13 It's personal for me. If my colleagues would so
14 indulge me, I'm going to share a couple of
15 stories, my own personal story, my wife.
16 Back in 2007, October 19, 2007, my
17 wife and I gave birth to a little baby girl,
18 Brigid Nicole Kennedy. She was with us for four
19 minutes. She had a condition where she retained
20 fluid and wasn't able to breathe, so her life was
21 very quick in this world.
22 We had the beautiful moment to hold
23 her in this life, to baptize her, and to send her
24 on to the Lord. And that truly was a
25 life-changing moment that I think about every
1290
1 day. A driving force in my life. As our
2 families are driving forces oftentimes in our
3 lives, my baby girl was a driving force in my
4 life. The day before my birthday. Woke up the
5 next morning in the hospital to a beautiful
6 rainbow. And we knew it was a sign from above
7 that our baby girl was okay. Every time we see a
8 rainbow, we think of my baby girl Brigid Nicole.
9 You know, we were one of the lucky
10 ones, not just to have held our baby girl Brigid,
11 but to have spent those four minutes with her in
12 this life. Not just as a personal moment for us,
13 but also the way the law reflects that moment.
14 In those four minutes, we qualified for
15 insurance. My wife qualified for disability. We
16 qualified for a certificate of birth to recognize
17 that Brigid Nicole existed, came into this life,
18 and had those moments with us. And we qualified
19 for a certificate of death, among other things.
20 You know, back in 2012 this body and
21 the Assembly created -- signed into law by the
22 Governor -- the certificate of birth resulting in
23 stillbirth. Up and until that moment, if a
24 stillborn child was brought into this life, the
25 state by law said that baby never existed. In
1291
1 2012 we took the steps to change that, and we
2 succeeded, because of the powerful advocates,
3 families that had experienced that terrible loss
4 of a child, driving that message forward.
5 My sister Peggy wasn't so lucky, my
6 oldest sister. The first grandson, back in 2004,
7 coming into our lives. This is before that
8 certificate of birth resulting in stillbirth was
9 passed. Over 30 weeks, about 34 weeks gestation.
10 We were expecting this baby boy, kicking every
11 day. One day my sister woke up and that baby boy
12 was no longer kicking.
13 She had a stillbirth. Named that
14 baby boy, my nephew, John Christian Jude
15 Mulderig. And that was life-changing in her life
16 and all of our family's lives. You know, I know
17 it changed the course and trajectory of her
18 family. I also know that we're hardly alone.
19 Thankfully, my wife and I have been
20 blessed with three beautiful children, Connor,
21 Eireann, and Padraic -- 17, 14 and 11. My sister
22 Peggy, three beautiful little girls. The only
23 baby boy in her life was the boy she lost still
24 in 2004. But Molly, Meghan, and Kate are making
25 up each and every day for that loss with their
1292
1 beautiful lives.
2 And the tens of thousands of
3 families that are impacted by stillbirth each and
4 every year here in New York feel that pain. We
5 know how commonly this affects families across
6 New York and across our nation. And yet we don't
7 currently afford parents the same time off if
8 they experience the loss of a stillborn child.
9 Well, today we're one step closer to making that
10 a reality here in New York.
11 I want to close by sharing some of
12 the names of those who have stood beside us
13 sharing their own stories of trauma, of grief and
14 of loss, and channeled that trauma into advocacy
15 to get this legislation passed for families that
16 are grieving.
17 Christine Scott, the mother of Jacob
18 Wesley Scott, the founder of Wings of Love out in
19 Western New York, part of the Western New York
20 Perinatal Bereavement Network, the long-time
21 executive director of that organization.
22 Kelly Anderson, a great friend of
23 ours, her and her husband Mike, the mother of
24 Michael Anthony.
25 Samantha Surface, the mother of
1293
1 Abigail.
2 The organization Push for Empowered
3 Pregnancy.
4 Marjorie, the mother of Alexi.
5 Cassidy, the mother of Olivia.
6 Ashley, the mother of C.J.
7 Christian, the father of Valentina.
8 Samantha, the mother of Archer.
9 Nora, the mother of Bryce.
10 Today is for them and all of those
11 individuals and families, their beautiful babies,
12 and so many other thousands of New Yorkers who
13 they fight for each and every day.
14 We're giving comfort to thousands of
15 families in New York State, emotionally and
16 financially, as they cope with tragedy in the
17 most difficult moment of their lives.
18 I thank my colleagues for supporting
19 this legislation, all of those that helped to
20 advance it. And I ask each and every one of you
21 to support me in this legislation.
22 With that, Mr. President, I vote
23 aye.
24 ACTING PRESIDENT BAILEY: Senator
25 Kennedy to be recorded in the affirmative.
1294
1 Senator Mayer to explain her vote.
2 SENATOR MAYER: Thank you,
3 Mr. President.
4 And thank you, Senator Kennedy, for
5 bringing this legislation to the floor.
6 Thank you to all my colleagues, who
7 I know understand how personal and important this
8 issue is. You know, I think it was about seven
9 years ago that some mothers came to me who had
10 experienced stillbirth, and they really felt
11 ignored at every level in state policy-making --
12 ignored by the lack of paid leave, ignored by the
13 lack of research into stillbirth, ignored by the
14 stigma of talking about it and advocating at a
15 policy level to understand why this happens, not
16 only to them, but because they cared about why it
17 happened to anyone. And how prevalent stillbirth
18 was and remains.
19 And the fact is our state has much
20 more to do. And any parent who has experienced
21 the loss of a child, as I have and my husband
22 has, understands that there is an obligation to
23 take these stories out of the shadows and into
24 the halls of chambers like this, to make the
25 policy changes that these parents deserve and to
1295
1 insist that there is more to be done. The
2 research, the medical attention, and the public
3 voice for these families must be heard.
4 So I'm so pleased that this bill is
5 being brought to the floor. I really thank
6 Senator Kennedy for continuing to make clear that
7 this is -- it's not just personal to those of us
8 who experienced it personally. This is our
9 obligation as elected officials to speak for them
10 as well.
11 And so today we take a step forward
12 in that journey, and I'm proud to vote yes.
13 ACTING PRESIDENT BAILEY: Senator
14 Mayer to be recorded in the affirmative.
15 Senator Scarcella-Spanton to explain
16 her vote.
17 SENATOR SCARCELLA-SPANTON: Thank
18 you, Mr. President.
19 Thank you, Senator Kennedy, for your
20 work around this issue. This issue is very
21 personal to me. The first bill I ever worked on
22 as a staffer back in 2009 was with families
23 looking to seek a certificate of birth resulting
24 in stillbirth. I still speak to those families
25 to this day.
1296
1 Allowing individuals who lose a
2 child to take time to grieve and come to terms
3 with life-altering loss is critical to the
4 healing process.
5 I'm thinking about all the families
6 I worked with in the past, but especially
7 Lori and Jeff Tieger, from Staten Island, and
8 their son Daniel, who was a stillborn. Lori
9 actually had to take -- use her saved days after
10 her loss of her son, and she lost time with her
11 daughter, who was born shortly thereafter.
12 This bill is critical to making sure
13 that we give these families the support that they
14 so deserve. In New York City alone, there are
15 chose to 900 stillbirths each year. This
16 legislation to assist families that are dealing
17 with the overwhelming circumstances of losing a
18 child during pregnancy is a critical piece to
19 helping support them, and I proudly vote aye.
20 Thank you.
21 ACTING PRESIDENT BAILEY: Senator
22 Scarcella-Spanton to be recorded in the
23 affirmative.
24 Senator Brouk to explain her vote.
25 SENATOR BROUK: Thank you,
1297
1 Mr. President.
2 I want to just start by showing
3 immense gratitude to my colleague Senator Tim
4 Kennedy for sharing your story with us today, for
5 bringing light to it, and for also turning that
6 into purpose and really changing the lives of so
7 many people who face that tragedy as well.
8 I have in the past few months talked
9 a lot about the maternal mortality crisis, and
10 the word missing there is the maternal and infant
11 mortality crisis. Because there is a crisis from
12 not just losing mothers' lives but losing their
13 infants as well.
14 And an interesting thing, as you
15 just heard from some of my colleagues, is you
16 often don't hear about these stories because
17 they're really hard to share. And it wasn't
18 until I embarked on my own pregnancy that I heard
19 stories from many people who had faced loss.
20 But today I want to use my next
21 minute to honor little Remy. Little Remy (pause)
22 passed away at eight months in her mom's belly
23 and was delivered at eight months and could not
24 survive. She was the daughter of my chosen
25 sister; I have none by blood. And when it
1298
1 happened, there was so little I could do. There
2 was so little I could do. She was in Colorado, I
3 was in New York.
4 And something like this is what we
5 can do. As legislators, we can make it easier
6 for people who face this kind of tragedy and
7 loss. And I know, being this friend and chosen
8 sister of her mom, that you never stop grieving.
9 And so for that I am so grateful,
10 Senator Kennedy, that you brought attention to
11 this issue. Because now I can look at my dear
12 friend and her family and tell them this is
13 something that we can do to support them and make
14 sure they have the time to heal and grieve.
15 So thank you so much,
16 Senator Kennedy, and thank you to our colleagues
17 for bringing this forward. I very much vote aye.
18 Thank you.
19 ACTING PRESIDENT MAYER: Senator
20 Brouk to be recorded in the affirmative.
21 Senator May to explain her vote.
22 SENATOR MAY: Thank you,
23 Madam President.
24 I also want to thank the sponsor for
25 this bill and for your beautiful words, and all
1299
1 my colleagues for what you've shared.
2 And I want to say that I am very
3 strongly in support of this, but this ought to be
4 part of a wider package of support for people
5 grieving deaths in their families.
6 And I -- I'm glad that we are
7 allowing or supporting paid family leave for this
8 particular kind of bereavement, but I think
9 New York State needs to step up and be more
10 supportive of the grieving process in general.
11 And so I hope we can make this the
12 first in a -- I gather the Governor has vetoed in
13 the past an effort to create that kind of leave
14 for other kinds of loss. And I hope we can make
15 this the start of really stepping up for
16 everybody who is grieving the loss of a family
17 member.
18 Thank you.
19 ACTING PRESIDENT MAYER: Senator
20 May to be recorded in the affirmative.
21 Senator Martins to explain his vote.
22 SENATOR MARTINS: Thank you,
23 Madam President.
24 I rise to thank Tim and Shelley for
25 sharing your stories as well. Thank you.
1300
1 You know, when we passed paid family
2 leave, this should have been part of that. And
3 the fact that it wasn't is being corrected,
4 hopefully, today. The importance of recognizing
5 the impact on a family.
6 Many of us here in the room have
7 children, we've gone through that. We understand
8 the impact to a community or to a family. We
9 have loved ones, we have friends who have gone
10 through the process and unfortunately have lost a
11 child, whether in utero or shortly after birth.
12 And the fact that we're able to
13 stand together, frankly, unanimous today on
14 something as important as the sanctity of life
15 and the importance of that life to the family and
16 the importance of that life in recognizing the
17 impact on the family and allowing our laws to
18 apply, is something that's overdue.
19 So I do want to take the opportunity
20 to thank the sponsor for presenting this and
21 allowing us all an opportunity to come together
22 on something as important as this. So, Tim,
23 thank you.
24 Thank you, Madam President. I vote
25 aye.
1301
1 ACTING PRESIDENT MAYER: Senator
2 Martins to be recorded in the affirmative.
3 Announce the results.
4 THE SECRETARY: Ayes, 61.
5 ACTING PRESIDENT MAYER: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 333, Senate Print 3349A, by Senator Fernandez, an
9 act to amend the Mental Hygiene Law.
10 ACTING PRESIDENT MAYER: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect one year after it shall
14 have become a law.
15 ACTING PRESIDENT MAYER: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MAYER: Announce
19 the results.
20 THE SECRETARY: Ayes, 61.
21 ACTING PRESIDENT MAYER: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 336, Senate Print 2077, by Senator Addabbo, an
25 act to amend Chapter 473 of the Laws of 2010.
1302
1 ACTING PRESIDENT MAYER: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MAYER: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT MAYER: Senator
9 Jackson to explain his vote.
10 SENATOR JACKSON: Thank you,
11 Madam President. I rise in order to explain my
12 vote on this particular matter.
13 I have a bill that basically the
14 income that's generated from video display units
15 goes to education. And looking at this bill, it
16 will conflict with the bill that I have pending.
17 I hope that our bill will pass pretty soon. But
18 just because of that, I'll be voting no.
19 ACTING PRESIDENT MAYER: Senator
20 Jackson to be recorded in the negative.
21 Announce the results.
22 THE SECRETARY: In relation to
23 Calendar 336, those Senators voting in the
24 negative are Senators Brisport, Gonzalez,
25 Jackson, May and Salazar.
1303
1 Ayes, 56. Nays, 5.
2 ACTING PRESIDENT MAYER: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 359, Senate Print 2169, by Senator Liu, an act to
6 amend the Tax Law.
7 ACTING PRESIDENT MAYER: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MAYER: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT MAYER: Announce
15 the results.
16 THE SECRETARY: In relation to
17 Calendar Number 359, voting in the negative:
18 Senator Lanza.
19 Ayes, 60. Nays, 1.
20 ACTING PRESIDENT MAYER: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 375, Senate Print 2907, by Senator Persaud, an
24 act to amend the Education Law.
25 ACTING PRESIDENT MAYER: Read the
1304
1 last section.
2 THE SECRETARY: Section 12. This
3 act shall take effect 18 months after it shall
4 have become a law.
5 ACTING PRESIDENT MAYER: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT MAYER: Announce
9 the results.
10 THE SECRETARY: In relation to
11 Calendar Number 375, voting in the negative:
12 Senator Walczyk.
13 Ayes, 60. Nays, 1.
14 ACTING PRESIDENT MAYER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 396, Senate Print 2019, by Senator Addabbo, an
18 act to amend the Tax Law and the State Finance
19 Law.
20 ACTING PRESIDENT MAYER: Read the
21 last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MAYER: Call the
25 roll.
1305
1 (The Secretary called the roll.)
2 ACTING PRESIDENT MAYER: Announce
3 the results.
4 THE SECRETARY: Ayes, 61.
5 ACTING PRESIDENT MAYER: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 401, Senate Print 209, by Senator Cleare, an act
9 to amend the Education Law.
10 ACTING PRESIDENT MAYER: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT MAYER: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT MAYER: Senator
18 Cleare to explain her vote.
19 SENATOR CLEARE: Thank you,
20 Madam President.
21 This bill saves lives; in
22 particular, the lives of schoolchildren who may
23 go into anaphylactic shock and need immediate
24 professional intervention to avoid catastrophic
25 results.
1306
1 While schools are currently required
2 to have a medical professional on staff and to
3 have the tools necessary to treat a child that
4 goes into anaphylactic shock, it is best that all
5 professionals in the school setting have the
6 basic and proper information and training to
7 administer an epinephrine auto-injector, often
8 referred to as an EpiPen, in the event of an
9 immediate emergency.
10 This bill requires the proactive
11 provision of training materials to teachers in
12 schools that maintain epinephrine auto-injectors
13 on site so all professionals in the school
14 setting may learn how to use one in advance of
15 the time coming when it may actually be needed.
16 I thank my colleagues for supporting
17 this bill last year, and again encourage a
18 unanimous aye vote.
19 ACTING PRESIDENT MAYER: Senator
20 Cleare to be recorded in the affirmative.
21 Announce the results.
22 THE SECRETARY: Ayes, 61.
23 ACTING PRESIDENT MAYER: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
1307
1 404, Senate Print 1448, by Senator Sanders, an
2 act to amend the Education Law.
3 ACTING PRESIDENT MAYER: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MAYER: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT MAYER: Announce
11 the results.
12 THE SECRETARY: Ayes, 61.
13 ACTING PRESIDENT MAYER: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 413, Senate Print 4342, by Senator Sepúlveda, an
17 act to amend the Surrogate's Court Procedure Act.
18 ACTING PRESIDENT MAYER: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect on the 30th day after it
22 shall have become a law.
23 ACTING PRESIDENT MAYER: Call the
24 roll.
25 (The Secretary called the roll.)
1308
1 ACTING PRESIDENT MAYER: Senator
2 Borrello to explain his vote.
3 SENATOR BORRELLO: Thank you,
4 Madam President.
5 You know, I understand the intent of
6 this is to perhaps give those who have a small
7 estate the ability to have some flexibility when
8 it comes to, you know, settling an estate after a
9 death.
10 However, I think we've all seen
11 con artists, really, people that take advantage
12 of those situations. We've all gotten those
13 phone calls that are saying, Hey, the state has
14 some of your money, and if you just pay us some
15 money, we'll get that for you.
16 Well, you can go to a simple website
17 that the state operates and get that money
18 yourself. You don't have to pay somebody to do
19 it.
20 But that is a cottage industry
21 created, unfortunately, by -- in some cases --
22 bad legislation.
23 This is a similar situation. I
24 believe this will give -- and I asked this
25 question of counsel -- someone completely
1309
1 unrelated the ability to make a phone call and
2 say for a fee we will settle this small estate.
3 And this will likely be on folks who really can't
4 afford to give up any money in the case of the
5 transfer of a small estate after a death.
6 So while I understand the intent, I
7 think that there are unintended consequences, so
8 that's why I'm a no.
9 Thank you, Madam President.
10 ACTING PRESIDENT MAYER: Senator
11 Borrello to be recorded in the negative.
12 Senator Canzoneri-Fitzpatrick to
13 explain her vote.
14 SENATOR CANZONERI-FITZPATRICK:
15 Thank you, Madam President.
16 I'm an attorney who's practiced in
17 the trusts and estates field exclusively for the
18 past 25 years. I've dealt with this statute
19 firsthand.
20 During committee, I requested an
21 amendment by the sponsor, which was not yielded
22 to. And one of the items that this bill amends
23 is that a competent adult who's not a
24 distributee -- therefore not related to the
25 decedent -- can now act on behalf of the estate.
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1 There is no bond in place to ensure
2 that the fiduciary acts appropriately for the
3 distributees. And we already have in place in
4 every county a public administrator, who's a
5 state agency willing to step in and act on behalf
6 of family members when there isn't anybody
7 appropriate that can act and qualify under the
8 law as a fiduciary.
9 I think it's a slippery slope when
10 we put in unrelated people to represent and
11 handle money. In September of 2021, New York
12 State law was amended to change our power of
13 attorney law to advise agents that they are
14 acting in the best interests of the principal.
15 And if they don't, they will be liable because
16 the -- this area of law is rampant with people
17 that take advantage and don't do the right thing
18 and act true to their fiduciary responsibilities.
19 So I'm disappointed that the sponsor
20 would not amend this statute, because I too
21 understand that he's trying to make it easier for
22 people who don't have family. But I don't think
23 that this is appropriate.
24 So for that reason, I'm voting nay.
25 Thank you.
1311
1 ACTING PRESIDENT MAYER: Senator
2 Canzoneri-Fitzpatrick to be recorded in the
3 negative.
4 Announce the results.
5 THE SECRETARY: In relation to
6 Calendar 413, those Senators voting in the
7 negative are Senators Borrello,
8 Canzoneri-Fitzpatrick, Griffo, Helming, Lanza,
9 Martins, Mattera, Murray, Oberacker, O'Mara,
10 Ortt, Palumbo, Rhoads, Rolison, Stec, Tedisco,
11 Walczyk and Weber.
12 Ayes, 43. Nays, 18.
13 ACTING PRESIDENT MAYER: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 418, Senate Print 2924, by Senator Cleare, an act
17 to establish the Marshall Plan for Moms
18 interagency task force.
19 ACTING PRESIDENT MAYER: Read the
20 last section.
21 THE SECRETARY: Section 6. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MAYER: Call the
24 roll.
25 (The Secretary called the roll.)
1312
1 ACTING PRESIDENT MAYER: Announce
2 the results.
3 THE SECRETARY: In relation to
4 Calendar 418, those Senators voting in the
5 negative are Senators Borrello,
6 Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming,
7 Lanza, Mattera, Murray, Oberacker, O'Mara, Ortt,
8 Palumbo, Rhoads, Stec, Tedisco and Weber.
9 Ayes, 45. Nays, 16.
10 ACTING PRESIDENT MAYER: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 419, Senate Print 4878, by Senator Mayer, an act
14 to amend the Labor Law.
15 ACTING PRESIDENT MAYER: Read the
16 last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect on the 60th day after it
19 shall have become a law.
20 ACTING PRESIDENT MAYER: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT MAYER: Announce
24 the results.
25 THE SECRETARY: In relation to
1313
1 Calendar 419, those Senators voting in the
2 negative are Senators Borrello, Gallivan, Griffo,
3 Murray, Oberacker, O'Mara, Ortt, Stec, Tedisco
4 and Walczyk.
5 Ayes, 51. Nays, 10.
6 ACTING PRESIDENT MAYER: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 423, Senate Print 314, by Senator Salazar, an act
10 directing the New York State Energy Research and
11 Development Authority to establish a Ride Clean
12 rebate program.
13 SENATOR LANZA: Lay it aside.
14 SENATOR GIANARIS: Lay it aside for
15 the day.
16 (Laughter.)
17 ACTING PRESIDENT MAYER: The bill
18 is jointly laid aside for the day.
19 Senator Gianaris, that completes the
20 reading of today's calendar.
21 SENATOR GIANARIS: Is there any
22 further business at the desk?
23 ACTING PRESIDENT MAYER: There is
24 no further business at the desk.
25 SENATOR GIANARIS: I was going to
1314
1 remind my colleagues in the Majority that we are
2 going into conference, but it seems like they're
3 already there.
4 So with that, I move to adjourn
5 until Monday, March 13th, at 3:00 p.m., with the
6 intervening days being legislative days.
7 ACTING PRESIDENT MAYER: On motion,
8 the Senate stands adjourned until Monday,
9 March 13th, at 3:00 p.m., with the intervening
10 days being legislative days.
11 (Whereupon, at 12:52 p.m., the
12 Senate adjourned.)
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