3977
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 May 17, 2023
11 3:33 p.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, Tuesday,
16 May 16, 2023, the Senate met pursuant to
17 adjournment. The Journal of Monday, May 15,
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 The Secretary will read.
25 THE SECRETARY: Senator Breslin
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1 moves to discharge, from the Committee on
2 Investigations and Government Operations,
3 Assembly Bill Number 1628 and substitute it for
4 the identical Senate Bill 2694, Third Reading
5 Calendar 766.
6 ACTING PRESIDENT MAYER:
7 Substitution so ordered.
8 Messages from the Governor.
9 Reports of standing committees.
10 Reports of select committees.
11 Communications and reports from
12 state officers.
13 Motions and resolutions.
14 Senator Gianaris.
15 SENATOR GIANARIS: Good afternoon,
16 Madam President.
17 I'm going to ask our colleagues in
18 the corner if they could just give our guest a
19 moment of breathing room, because I'd like you to
20 recognize Leader Stewart-Cousins for an important
21 introduction today.
22 ACTING PRESIDENT MAYER: Leader
23 Stewart-Cousins for an introduction.
24 And I would ask all my colleague to
25 take their seats.
3980
1 SENATOR STEWART-COUSINS: Thank you
2 so much, Madam President.
3 And there is a lot of commotion
4 because we are honored to have a very special
5 guest in our chamber. We are welcoming Tennessee
6 Representative Justin Pearson to the New York
7 State Senate today.
8 (Standing ovation.)
9 SENATOR STEWART-COUSINS: Okay, so
10 I can tell by the majority of people standing up
11 you all know who he is. But let me make sure to
12 introduce him properly should some people have
13 missed why we are so happy to welcome this young
14 man.
15 In the beginning of April, we
16 witnessed what was no less than an assault and a
17 new front line in the battle for the future of
18 American democracy, all taking place in the
19 Tennessee State Legislature, when ultimately two
20 young representatives were removed from their
21 chamber for fighting for commonsense gun safety,
22 all with the goal of better representing and
23 protecting the people of Tennessee.
24 We all know that state legislatures
25 are often the last line of defense and play an
3981
1 even growing and more critical role than ever in
2 this country.
3 Representative Pearson is here today
4 in our State Capitol not talking about that, but
5 talking about, yes, another crucial issue that
6 he's been engaged in and that has been a focus
7 for our conference as well. He was here talking
8 about climate change.
9 We've spent far too long waiting for
10 our federal government to take the drastic action
11 that is necessary to protect the most vital
12 resource.
13 We're glad, however, that you're
14 here, that you are able to see the Assembly pass
15 the climate bill, as we passed it here. And
16 we're also happy to see our counterparts join us
17 in taking the much-needed steps. And we are
18 certainly hopeful that we can continue to work
19 together to do all we can to protect our
20 environment.
21 We are inspired, encouraged,
22 heartened and excited by your tenacity and your
23 bravery. And I'm happy that a representative
24 such as yourself has been thrust into the
25 national spotlight. And I think we are all
3982
1 excited to see what you will be doing next.
2 And I can only thank you again for
3 not only gracing our chambers, but reigniting,
4 for those of us who might have let that flame
5 die, the understanding that the next generation
6 is well prepared, and on your shoulders and with
7 your continued bravery, courage and tenacity, we
8 will be the America that we know made this dream
9 come true.
10 Thank you so very, very much for
11 being here.
12 (Standing ovation.)
13 ACTING PRESIDENT MAYER: To our
14 guest, Representative Justin Pearson, thank you
15 for joining us today on behalf of all of the
16 Senate. Please enjoy the cordialities of the
17 house. We welcome you, and we couldn't be more
18 pleased that you're here. Thank you again.
19 Senator Gianaris.
20 SENATOR GIANARIS: Madam President,
21 can we now move to previously adopted
22 Resolution 929, by Senator Sepúlveda, read that
23 resolution's title, and recognize Senator
24 Sepúlveda, who is here somewhere -- there he is.
25 ACTING PRESIDENT MAYER: The
3983
1 Secretary will read.
2 THE SECRETARY: Senate Resolution
3 929, by Senator Sepúlveda, commemorating the
4 first visit of a Dominican Senate President to
5 the New York State Senate, Honorable Eduardo
6 Estrella, and recognizing the importance of the
7 relationship between the Dominican Republic and
8 New York State.
9 ACTING PRESIDENT MAYER: Senator
10 Sepúlveda on the resolution.
11 SENATOR SEPÚLVEDA: Thank you,
12 Madam President, for allowing me to present this
13 resolution.
14 It is with great pride and honor
15 that I present to you our counterparts in the
16 Dominican Republic. Today we have the president
17 of or the leader of the Senate in the
18 Dominican Republic, we have our friend
19 Senator Eduardo Estrella.
20 We have the person who is
21 responsible for a lot of the exchanges that we're
22 doing -- he started, planted the seed in working
23 with the Dominican government and our government
24 and our Senate, my good friend Senator Alexis
25 Victoria Yeb.
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1 We have Senator Dionis Sánchez
2 Carrasco. We have Senator Carlos Manuel Gómez.
3 We have Senator Lenín Valdez López, Senator Ramón
4 Pimentel Gómez, Senator José del Castillo
5 Saviñón. We have the person in charge of
6 international relations for the Senate,
7 Carlos Castro, and of course someone who's been
8 here before, and we've recognized her, and that
9 is the Ambassador to the United States of the
10 Dominican Republic, Ambassador Sonia Guzmán.
11 We have worked together over the
12 last year to do a lot of exchange programs with
13 the Dominican government and, more specifically,
14 with the Dominican Senate. Every person here has
15 worked directly with me to make sure that we
16 create programs, exchange programs and delegation
17 trips to the Dominican Republic, which we will be
18 inviting all of you to attend probably in August,
19 so you can meet the elected officials over there
20 and learn about the culture and the history of
21 the Dominican Republic.
22 To me it's a great honor, myself
23 being a Dominican citizen. I was born of
24 Puerto Rican descent, but I had the honor and
25 privilege of being granted citizenship by decree
3985
1 by the president of the Dominican Republic. And
2 the people that are standing there had a lot to
3 do with me getting that honor.
4 We're going to be here -- they're
5 going to be here for the next few days. They
6 came here to bless us with their presence in the
7 New York State Senate, and I welcome them here to
8 our state.
9 And just give me a point of
10 privilege. {Addressing guests in Spanish.}
11 Madam Leader, please offer them
12 welcome, and thank you for allowing me to present
13 this resolution.
14 ACTING PRESIDENT MAYER: Thank you,
15 Senator Sepúlveda.
16 Senator Kennedy on the resolution.
17 SENATOR KENNEDY: Thank you very
18 much, Madam President.
19 First of all, I want to welcome our
20 guests, these extraordinary leaders from the
21 Dominican Republic.
22 I want to thank our colleague
23 Senator Sepúlveda for bringing these leaders here
24 to the Senate chamber today.
25 I say bienvenidos, estudié español
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1 en la escuela muchos años en el pasado --
2 (Laughter.)
3 SENATOR KENNEDY: -- pero hablo uno
4 poquito español pero trato.
5 But in English, I welcome you a
6 thousand times over. You are gracing us with
7 your presence. We appreciate your leadership,
8 and we look forward to our continued relationship
9 between the great country of the
10 Dominican Republic and the great State of
11 New York and the United States.
12 Welcome, and thank you.
13 ACTING PRESIDENT MAYER: Thank you,
14 Senator Kennedy.
15 Senator Comrie on the resolution.
16 SENATOR COMRIE: Thank you,
17 Madam Chair.
18 I also want to rise to welcome the
19 delegation from Santo Domingo. I had the honor
20 of traveling with Senator Sepúlveda to the
21 Dominican Republic -- sorry, I said Sant -- to
22 the Dominican Republic. Sorry, I said Santo
23 Domingo earlier. Busy day.
24 And I had the opportunity to travel
25 to the Dominican Republic, and you were gracious
3987
1 enough to let us into your chambers. We had
2 extensive conversations about how we could share
3 resources and create opportunities between our
4 two countries. You shared with us how your
5 Senate works and how -- we were able to discuss
6 the -- how our Senate works vis-a-vis yours.
7 I'm glad that you're here today to
8 see us in action, to see what we're doing. I
9 look forward to sharing other opportunities with
10 you as we continue to work to ensure that the
11 Dominican Republic can be a more active trade
12 partner with us in the state, utilizing our
13 resources.
14 You've already been sending us your
15 nurses, and your manufacturing facilities have
16 increased tenfold in their ability. We were able
17 to visit your manufacturing facilities, visit
18 some of your cultural institutions and talk to
19 your leaders on the national, local and federal
20 levels. I truly believe that we as a state need
21 to build and continue to expand our opportunities
22 to have a positive relationship with all of you.
23 I enjoyed having a little time to
24 spend with you today; the ambassador and the
25 president of the Senate is here. I look forward
3988
1 to continuing to work with you as we expand the
2 opportunities between our state and your great
3 nation.
4 Thank you. Thank you,
5 Madam President.
6 ACTING PRESIDENT MAYER: Thank you,
7 Senator Comrie.
8 Senator Bailey on the resolution.
9 SENATOR BAILEY: Thank you,
10 Madam President.
11 Bienvenidos. {In Spanish.} It is
12 really a pleasure to be here with you all. And,
13 you know, I am -- I'm a state senator in the
14 Bronx and Mount Vernon, ciudad de Mount Vernon in
15 Westchester County. And I have mucho Dominicanos
16 in el borough de Bronx. And the Dominican
17 population is still -- is still -- is growing
18 rapidly. It is one of the fastest-growing
19 populations. And as we've mentioned on the floor
20 many times, the Dominican, you know, community
21 has made and will continue to make great
22 contributions to not just the borough and not
23 just the City of Mount Vernon, but the entire
24 great State of New York, as Senators Kennedy,
25 Sepúlveda and Comrie have all mentioned.
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1 I'm looking forward to continuing to
2 have a working relationship with you, as we
3 continue to try to find that working relationship
4 to ensure that we continue to understand that {in
5 Spanish}, right? We're all the same.
6 And as it would be said in the
7 Dominican Republic, de lo mio. Welcome.
8 ACTING PRESIDENT MAYER: To our
9 guests, to our Senators, Ambassador, and all of
10 our guests, we welcome you on behalf of the
11 Senate. We extend to you the privileges and
12 courtesies of the house.
13 Please rise and be recognized.
14 (Standing ovation.)
15 ACTING PRESIDENT MAYER: The
16 resolution was previously adopted on the 9th of
17 May.
18 Senator Gianaris.
19 SENATOR GIANARIS: Can we now move
20 on to previously adopted Resolution 1031, by
21 Senator Ryan, read its title, and recognize
22 Senator Ryan.
23 ACTING PRESIDENT MAYER: The
24 Secretary will read.
25 THE SECRETARY: Senate Resolution
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1 1031, by Senator Ryan, memorializing
2 Governor Kathy Hochul to declare May 2023 as
3 Small Business Month in the State of New York.
4 ACTING PRESIDENT MAYER: Senator
5 Ryan on the resolution.
6 SENATOR RYAN: Thank you,
7 Madam President.
8 As we know, small businesses are the
9 backbone of our economy. More than 96 percent of
10 the businesses in New York State and half the
11 state's workforce work in small businesses. When
12 they are thriving, New York State is thriving.
13 But we all know the pandemic was
14 tough on businesses, mostly tough on small
15 businesses -- wreaked havoc on locally owned
16 businesses in every community across the state.
17 So we worked hard to put together a
18 small business package to help them get through
19 the pandemic. Now, as we negotiate the
20 post-pandemic era, we need to make sure that our
21 commitment to small businesses remains strong.
22 That means finding creative ways to support them.
23 Whether it's from funding childcare
24 to make sure the workforce is available,
25 investing in broadband, investing in hydropower,
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1 reducing the cost of power transmissions -- these
2 are all the things that help small businesses
3 survive, and always we can help them improve
4 their workforce and support their workers.
5 But sometimes people think of the
6 employer-employee dynamic as a zero-sum game: If
7 you help one, you've got to be hurting the other.
8 But the truth of that is when we invest in
9 workforce development and when we invest in
10 childcare and universal pre-K, we're making it
11 easier for people to go to work. And it's
12 helpful to the employees, but it's also helpful
13 to the small businesses.
14 We want to continue to do that. So
15 today I rise to thank all the small business
16 owners in New York State for their
17 entrepreneurship, for their innovation, for their
18 hard work and their dedication.
19 So we're here today, and we're going
20 to celebrate Small Business Month.
21 Thank you, Madam President.
22 ACTING PRESIDENT MAYER: Thank you,
23 Senator Ryan.
24 Senator Borrello on the resolution.
25 SENATOR BORRELLO: Thank you,
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1 Madam President. I rise to also thank the
2 sponsor for celebrating May as Small Business
3 Month.
4 You know, our small business owners,
5 they are our farmers that grow our food, they're
6 the people that build our homes, the people that
7 repair our cars, the people that print our lawn
8 signs as we go into elections. They're the
9 people that sponsor our Little League teams,
10 support our local charities, keep our downtowns
11 vibrant. Small business truly is the very fabric
12 of our state and our business.
13 They faced a lot of challenges,
14 especially during the pandemic. But the bottom
15 line is they are resilient. The backbone of our
16 state is small business. As Senator Ryan
17 mentioned, half of the employees in New York
18 State are employed by small business. This
19 chamber has an obligation to ensure that they are
20 successful, because they are New York State.
21 And as a fellow small business owner
22 myself, I can tell you it is difficult, it is
23 rewarding, but thank God for the small businesses
24 here in New York State.
25 Thank you, Madam President.
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1 ACTING PRESIDENT MAYER: Thank you,
2 Senator Borrello.
3 Senator Bailey on the resolution.
4 SENATOR BAILEY: Thank you,
5 Madam President.
6 Thank you, Senator Ryan, for
7 introducing this resolution.
8 You know, on the Saturday after
9 Thanksgiving we have Small Business Saturday,
10 where we go shop -- where we say "Shop Small."
11 And, you know, and it's nice that we do that on
12 that day. You know, it's good. But, like, the
13 reality is that we should always be shopping
14 small. Because during COVID, during the worst of
15 COVID, the people that kept us fed were small
16 businesses. It wasn't -- it wasn't the big
17 chains. It certainly wasn't. You know, it
18 was -- it was those mom and pop -- auntie and
19 uncle, as you would say sometimes -- stores that
20 kept us open.
21 And quite frankly in my district,
22 Madam President, these small businesses were not
23 only helping us feed people, but they were coming
24 to us and asking, How can we help? What can we
25 do? As opposed to just sitting on the sidelines.
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1 So if for nothing else, we owe them a debt of
2 gratitude for keeping us fed during COVID.
3 But they do so -- but they do so
4 much. And when we actually invest in our
5 communities, when that proverbial dollar gets
6 recycled within the community, it makes our
7 community stronger. And, you know, small
8 businesses are incredibly important to the
9 lifeblood of our community.
10 You know, and I like to shop small
11 myself. And I think it's really important that
12 we do it not just on Small Business Saturday, but
13 every Saturday if you can.
14 I vote aye on the resolution,
15 Madam President.
16 ACTING PRESIDENT MAYER: Thank you,
17 Senator Bailey.
18 Senator Weber on the resolution.
19 SENATOR WEBER: Thank you,
20 Madam Speaker.
21 I want to thank my fellow Senator
22 for recognizing small businesses today.
23 You know, I've been a CFO for a
24 small business for over 20 years, and it's one of
25 the reasons why I ran for office. You know,
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1 small businesses in New York State have been
2 getting crushed for a long time. High taxes.
3 Draconian regulations throughout COVID closed a
4 lot of our small businesses. Small businesses
5 are the backbone of our economy here in New York
6 State. And one of the reasons why I decided to
7 run is to make sure that we support our small
8 businesses up here, because they employ, you
9 know, our friends and neighbors that are driving
10 revenue in all of our counties.
11 And it's very important that we
12 recognize them, and I applaud you for bringing
13 this resolution today.
14 So thank you, Madam President.
15 ACTING PRESIDENT MAYER: Thank you.
16 Senator Martins on the resolution.
17 SENATOR MARTINS: Thank you,
18 Madam President.
19 I rise to honor small businesses in
20 New York State, understanding that it's a
21 difficult time for small businesses across the
22 country, but especially here in New York.
23 Unfortunately, Madam President, we
24 live in what has become an Amazon world, where
25 people no longer go to their local shop owners to
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1 buy things, but they'll buy things online and
2 have it delivered to their house.
3 And at this time we take the
4 opportunity this day, with this resolution, to
5 honor small businesses. But I would just implore
6 my colleagues, as I look across the chamber, that
7 we remember small businesses in our policies each
8 and every day. They're struggling.
9 So whether it's red tape, over --
10 let's say over-burdensome regulations, whether
11 it's small businesses that we hear of in our
12 urban centers and in our suburban centers that
13 are facing shoplifting each and every day. And
14 for us these are small items, right, we consider
15 these to be small-ticket items, they're
16 shoplifters. But for that small business, that's
17 the margin between succeeding and failing.
18 And we should have policies here to
19 protect those small businesses that are
20 courageous enough to keep their businesses going
21 even though they're facing the Amazons of the
22 world and the policies that sometimes we pass
23 right here in this chamber.
24 So I rise to support our small
25 businesses. I thank them each and every day. I
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1 strive to shop local in everything we do, and
2 support them. Because they need us not only with
3 our words on this floor, but with the policies
4 that we support, to continue to support them, to
5 make sure that they continue to be the backbone
6 of our economy. And we can continue with
7 resolutions, as was provided by my colleague
8 Senator Ryan, where we can talk about it, but
9 let's make sure that we remember them in our
10 policies as well.
11 Madam President, I vote aye.
12 ACTING PRESIDENT MAYER: Thank you,
13 Senator Martins.
14 Senator Sanders on the resolution.
15 SENATOR SANDERS: Thank you,
16 Madam President.
17 I am certainly glad that my
18 colleague spoke of remembering the policies that
19 we do here. I'm going to speak to that, but of
20 course I have to thank Senator Ryan for ensuring
21 that we here recognize small business.
22 Small businesses of course are the
23 bedrock of innovation. When we see change
24 happening in America, you'll see it first at
25 small businesses.
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1 When you speak of small businesses,
2 you have to speak of the community. They're
3 backing the Boy Scouts, the Girl Scouts, the
4 elderly. They're backing everybody. When you go
5 into the stores and say, "Hey, I have a good
6 idea, a good group," there's a rare moment when
7 they say they can't help. Even when they should
8 say they can't help, they end up saying, "Hey,
9 I'm going to help you anyway, because it's part
10 of the community and we're going to build it."
11 Every large business started small.
12 You never get to be a large business unless you
13 start and you start small. I'm glad that we
14 understand that policies are the basis of what we
15 do here and the policies is how we can aid small
16 businesses. I am going to thank New York State
17 for understanding that and understanding that it
18 must back small businesses of every color.
19 Thank God that we have an MWBE
20 policy of the state which says that New York
21 State will have an even playing field for anyone.
22 If you want to try and do great things, we have
23 an even playing field, and you have as much of a
24 chance, God willing, as anybody else. And that's
25 because groups like this have said that in
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1 New York State we're going to have one New York
2 State and a state great for everyone.
3 So yes, we do need to watch the
4 policies that we do to ensure that we have a
5 positive impact on all of the people of this
6 great state.
7 Senator Ryan, again, thank you.
8 Madam -- you've changed.
9 Mr. President, thank you very much. Take care.
10 (Laughter.)
11 ACTING PRESIDENT BAILEY: A nice
12 moment of levity.
13 Senator Comrie on the resolution.
14 SENATOR COMRIE: Thank you,
15 Mr. President.
16 I also rise to salute small
17 businesses and thank Senator Ryan for his
18 resolution, and to all the Senators for their
19 words today. I agree with everything that has
20 been said, but it's my turn to say some of it as
21 well.
22 You know, being from Queens, which
23 is pretty much one of the small business capitals
24 of this country, with so many different cultures,
25 so many different ethnicities that are creating
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1 their own niche small businesses to service their
2 ethnicities and their cultures, it's important
3 that we do everything necessary, as Senator
4 Martins said, to get government out of the way --
5 to find a way to remove regulations, to find a
6 way to remove blocks, to find a way to allow them
7 to access services better.
8 As Senator Sanders just said, we
9 have small businesses that are trying to get
10 government contracts, trying to get MWBEs, that
11 are waiting 18 months to 24 months just to get
12 their certification. This is something that we
13 have to change. There's no reason for the state
14 to prohibit a small business from being able to
15 do business in this state. That we have to make
16 sure that we keep our young families in this
17 state, and encouraging small business
18 opportunities is the way to do that.
19 I would also agree with our
20 president, who spoke about all of the small
21 businesses during the pandemic that helped my
22 district, from The Door Restaurant to the
23 Farm Bureau {ph} to almost every small business
24 in my district, once we identified that we had a
25 need to take care of seniors because the senior
4001
1 centers were closed, everyone that I reached out
2 to stepped up and helped feed the seniors at
3 every senior center in my district.
4 Small businesses are critical to our
5 economy, to our community, and also to our
6 entrepreneur spirit. We have to continue to do
7 everything we can as a state legislature to
8 create the policies to encourage us to be the
9 small business capital of the country, as opposed
10 to the statistics now where we're one of the last
11 five states to have a positive small business
12 environment.
13 So I'm glad that Senator Ryan has
14 brought this resolution today. But may we all
15 resolve to go from the bottom of the most wanted
16 states to do small business to be one of the
17 best.
18 Thank you, Mr. President.
19 ACTING PRESIDENT BAILEY: Senator
20 Murray on the resolution.
21 SENATOR MURRAY: Thank you,
22 Mr. President.
23 In listening to all of my
24 colleagues -- first, I'd like to thank the
25 sponsor for remembering and recognizing the
4002
1 importance of small business. But as a small
2 business owner myself, listening to all of my
3 colleagues bringing up so many important points,
4 and from different angles of how small business
5 benefits -- we've heard everyone say it's the
6 backbone of our state and our economy, and that's
7 true.
8 But there are so many things we do
9 here and so many aspects of small business that
10 can benefit or hurt. Us taking the approach of
11 tackling these important issues, whether it's
12 getting rid of overburdensome regulations or one
13 aspect that Senator Ryan brought up, childcare,
14 helping our employees -- because the small
15 businesses are made up of the employees. And
16 again, being a small business owner myself, I can
17 tell you many times it's like family. You really
18 do care. I'm not saying the big box stores don't
19 care or anything, but it's a different feel. And
20 you want to care, you want to make sure that your
21 employees are taken care of.
22 And focusing on policies that can
23 help with childcare, to let our parents get back
24 into the workforce and know that their children
25 are being taken care of, that benefits all of us.
4003
1 That needs to be a focus. Because as the
2 employees are happy and they succeed, the
3 businesses succeed. As they succeed, they grow,
4 they create more opportunities. And that's the
5 way we're going to keep our next generation here
6 too, is through these opportunities and through
7 our small businesses.
8 So again, I thank the sponsor for
9 this, and all of my colleagues for bringing up
10 these great points and showing just how important
11 small business is to New York.
12 Mr. President, I gladly vote aye.
13 ACTING PRESIDENT BAILEY: Thank
14 you.
15 Senator Cleare on the resolution.
16 SENATOR CLEARE: Thank you,
17 Mr. President.
18 I want to thank Senator Ryan for
19 this very timely resolution.
20 I rise to support small businesses
21 in our communities. As my colleagues have
22 mentioned, they are the backbone of our
23 communities. And especially support to our small
24 Black and minority-owned community businesses is
25 crucial.
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1 These businesses hire locally.
2 Their dollars circulate locally. You know, many
3 people get their first jobs at small businesses
4 in their community. They give you a chance.
5 They know you. They're familiar with us.
6 And they're so important to our
7 communities. They don't leave, they stick it
8 out, they stick with us. And someone even said
9 earlier, when you go to them, they hardly ever
10 say no, because they care about the community
11 that they're in. Not to say that larger
12 corporations don't, but our small businesses
13 really do know us and care about our communities.
14 So I say shop small all the time.
15 Try to support our small businesses. They have
16 unique local items. You know, it's a good thing,
17 you have a good feeling. You're not just getting
18 something for yourself, but you're also
19 creating -- you're creating economy for someone
20 else and creating an opportunity for them to hire
21 more people locally or keep those people hired.
22 So I proudly vote aye on the
23 resolution. Thank you.
24 ACTING PRESIDENT BAILEY: Senator
25 Canzoneri-Fitzpatrick on the resolution.
4005
1 SENATOR CANZONERI-FITZPATRICK:
2 Thank you, Mr. President.
3 I rise, too, to thank the sponsor
4 for this important resolution.
5 And I'm so pleased to see that
6 regardless of where we sit in this chamber, we
7 are all on the same page to support small
8 businesses.
9 I truly have a mom-and-pop shop. My
10 dad is my law partner. My mom is my dad's
11 secretary. And we have employed, you know, local
12 teenagers who are in college, in law school, in
13 our law office.
14 And as has been said, we support the
15 community. We support the Boy Scouts and the
16 food drives. And we are there getting to know
17 who our community is.
18 One of the beautiful things that I
19 was the beneficiary of is, having my own
20 business, I was able to bring my children to
21 work. And I had four of them. And every one of
22 them came to the office. And it allowed me to
23 continue with my law career while still being a
24 mom.
25 And it's incredibly important that
4006
1 women feel empowered to do everything and to
2 still be a mom and still be a professional and
3 not have to choose. So these small businesses
4 allow us to do that. And I am so grateful that I
5 had that opportunity.
6 We must continue to do everything we
7 can and not overburden our small businesses. And
8 this chamber should be considerate of it. And
9 that's why I am so glad to hear everybody on both
10 sides of the aisle say that we want to support
11 small business.
12 So thank you, Mr. President. I
13 proudly vote aye.
14 ACTING PRESIDENT BAILEY: Senator
15 May on the resolution.
16 SENATOR MAY: Thank you,
17 Mr. President.
18 I also want to thank the sponsor of
19 this resolution. But I want to talk about one
20 particular kind of small business that was
21 thought to be going extinct pretty recently.
22 When Amazon first opened, they were
23 an online bookstore. And they very quickly put
24 independent bookstores out of business all around
25 the world and all around this country.
4007
1 And I am delighted to say that
2 independent bookstores are on the way back and
3 are beginning to really thrive. And I wanted to
4 shout out two in particular, one that started in
5 my district when my district included
6 Liverpool -- it's now in Senator Mannion's
7 district -- but the Golden Bee Bookshop, which
8 opened just a few weeks before the pandemic hit.
9 And I've got to say I did not think
10 they were going to make it. But they are an
11 absolutely thriving community center now and so
12 many people come in to browse the books, to have
13 events there, to just feel part of a community.
14 It's a beautiful thing.
15 And now we have one in downtown
16 Syracuse too, with Parthenon Books, which is the
17 same thing, a gathering place for the whole
18 community.
19 So bookstores were places I spent a
20 lot of my childhood and young adulthood, and I am
21 thrilled to know that my daughter is going to
22 have that opportunity now too because bookstores
23 are on the way back.
24 So I proudly support this resolution
25 and am happy to report that bookstores are not a
4008
1 thing of the past anymore.
2 Thank you.
3 ACTING PRESIDENT BAILEY: Senator
4 Fernandez on the resolution.
5 SENATOR FERNANDEZ: Thank you,
6 Mr. President.
7 I too stand to support and say I
8 love my small businesses. In the 34th District
9 we have a plethora of unique original businesses:
10 Down East, Tremont, Westchester Square,
11 Main Street in New Rochelle, and Morris Park
12 Avenue.
13 And much to what we say today, we
14 cannot forget the help and support that they
15 need. Every single day, make a little purchase.
16 Go say hello. Donate a little bit in that tip
17 jar, because sometimes that really does make the
18 difference for their employees.
19 But it is no secret that our
20 businesses are the lifeblood of our communities.
21 They are there for us. They were there for us.
22 And sadly, during the pandemic we did lose some
23 small businesses. But on the upside of that,
24 many came back. New businesses came back.
25 And this resolution to me is a
4009
1 reminder of how much more we need to do for them,
2 to make sure that they can stay in those
3 brick-and-mortars, that they do have the
4 opportunities with our city and state to prosper,
5 to grow, and to share their goods.
6 So thank you for this resolution.
7 It is so needed. Because every day and every
8 season, every holiday season, we have to remember
9 that our small businesses are what helps our
10 communities stay strong and keep the money
11 flowing so we see the success in our communities.
12 Thank you for this resolution. I
13 proudly vote aye.
14 ACTING PRESIDENT BAILEY: Senator
15 Hoylman-Sigal on the resolution.
16 SENATOR HOYLMAN-SIGAL: Thank you,
17 Mr. President.
18 I want to thank Chair Ryan for this
19 resolution and our colleagues for speaking out on
20 behalf of small businesses.
21 In my district on the West Side of
22 Manhattan -- and throughout Manhattan -- there is
23 a very unfair rent tax that small businesses pay
24 and no other businesses pay. It's called the
25 commercial rent tax, and it runs from 96th Street
4010
1 down to Reade Street throughout Manhattan. So
2 small businesses in Manhattan are burdened by
3 this additional tax.
4 And here I am, Mr. President, a
5 tax-and-spend liberal arguing that we should get
6 rid of a tax. But it's on small businesses. And
7 I hope we can move that legislation forward
8 someday soon.
9 I also want to mention,
10 Mr. President, all of our local newspapers, our
11 local journalists are so important to cover our
12 efforts here in Albany and in our communities,
13 but we've seen local newspapers disappear because
14 of challenges, because of online media, because
15 of media consolidation. So I hope we can find
16 ways to support our local journalists through our
17 Local Journalism Sustainability Act.
18 And then finally I want to also
19 mention the fact that bookstores are truly the
20 spine of our communities, and certainly agree
21 with Senator May. I have one in my district
22 called Three Lives & Company. I have The Strand,
23 a branch of The Strand in another part of my
24 district. They really do serve as a community
25 resource.
4011
1 And again, I want to thank
2 Senator Ryan for this resolution and vote aye.
3 ACTING PRESIDENT BAILEY: The
4 resolution was previously adopted quite some time
5 ago, May 16th.
6 Senator Gianaris -- Senator Serrano.
7 SENATOR SERRANO: Thank you,
8 Mr. President.
9 Let's take up previously adopted
10 Resolution 1032, by Senator Ryan, read that
11 resolution title only, and recognize
12 Senator Ryan.
13 ACTING PRESIDENT BAILEY: The
14 Secretary will read.
15 THE SECRETARY: Senate Resolution
16 1032, by Senator Ryan, mourning the death of
17 Joan Bozer, distinguished citizen and devoted
18 member of her community.
19 ACTING PRESIDENT BAILEY: Senator
20 Ryan on the resolution.
21 SENATOR RYAN: Thank you,
22 Mr. President.
23 Joan Bozer was a great, great
24 resident of Buffalo. If you wrote a book on the
25 history of Buffalo in the last 50 years, Joan
4012
1 Bozer would be in every chapter with her
2 activism. She would have been 95 this week, the
3 week of her death.
4 And she wasn't from Buffalo, she
5 moved from Westchester. But she had this way of
6 looking at Buffalo and seeing things that we
7 often couldn't see. And she saw beauty, but she
8 also saw potential.
9 She was ahead of her times when she
10 was in her 30s. But it's so rare that you can
11 continue that visionary, optimistic outlook to be
12 still somebody to be said of that you're ahead of
13 your times when you're in your 90s.
14 But after she moved to Buffalo, she
15 saw some of the destruction of our parkway
16 system, our Olmstead Parks and Parkways, and she
17 responded to that and said, "We're not going to
18 make any more mistakes like that in Buffalo."
19 She created the Buffalo Olmstead
20 Parks Conservancy. She got together with
21 Olmstead Parks from around the nation and created
22 the National Association of Olmstead Parks. But
23 she was, as I say, always ahead of her time.
24 When Buffalo went through the
25 integration of their schools, a lot of people of
4013
1 wealth responded by pulling their kids out of
2 schools. She proudly joined the movement of
3 integration and proudly kept all her kids in the
4 public school. That was a real manifestation of
5 her personality. She believed if you believe in
6 something, you have to put it all out there. You
7 know, you can't be a phoney and half-believe but
8 send your kids somewhere else.
9 She was involved all over the
10 historic preservation efforts in Buffalo. Our
11 Downtown Buffalo ECC campuses and our historic
12 post office would have been a wrecking ball --
13 would have been a parking lot but for
14 Joan Bozer's advocacy.
15 She founded the Western New York
16 Environment Sustainability Association 30 years
17 ago. Before anyone talked about climate change,
18 Joan Bozer was a pioneer in solar panels. She
19 had what I think was the first residential
20 application of solar panels on her house in --
21 just before the year 2000. But once again, so
22 far forward looking.
23 I don't know how she did it, but she
24 continued to do it. And most recently we're
25 reclaiming some of our Outer Harbor, and her idea
4014
1 is to make it -- our Outer Harbor to have a park
2 in the Olmstead vision. A lot of people don't
3 like big green space and they think it might be a
4 good place for high-income housing or condos.
5 Who led the effort to make sure there's no condos
6 on the Outer Harbor? In her 90th decade, Joan
7 Bozer did.
8 She also had this vision that took
9 30 years to achieve. She wanted to marry a
10 concept of a solar-powered carousel with a
11 carousel that was made in Buffalo at the turn of
12 the last century. A lot of woodworking was going
13 on. So just recently what did we open as the
14 jewel of our Inner Harbor? A solar-powered
15 historic carousel.
16 So throughout her life, she was able
17 to bring good ideas into fruition. And lest I
18 forget this part, she was also an Erie County
19 legislator for several years and established the
20 first Commission on Women in New York State.
21 So she had probably a first in so
22 many things in each decade that she lived. So
23 she was a selfless woman. She was an inspiration
24 for the type of leaders we all strive to be.
25 So to the Bozer family, I'm deeply
4015
1 sorry. And to Joan Bozer, I thank her for
2 everything she did for her adopted hometown of
3 Buffalo.
4 Thank you, Mr. President.
5 ACTING PRESIDENT BAILEY: Senator
6 Kennedy on the resolution.
7 SENATOR KENNEDY: Thank you,
8 Mr. President.
9 First, I want to thank my colleague
10 Senator Ryan for introducing this resolution and
11 for honoring Joan Bozer and her incredible
12 contributions to the Western New York community
13 and to our great state.
14 While we sadly lost Joan earlier
15 this month, we know that her 94 years were filled
16 with passion and advocacy, whether that be as one
17 of the first members of the former Friends of the
18 Olmstead Parks organization, now known as the
19 Buffalo Olmstead Parks Conservancy, or her
20 leadership roles within the League of Women
21 Voters and Citizens for Regional Transit, or her
22 commitment to public good.
23 Serving in the Buffalo City Council
24 and later the Erie County Legislature, Joan was
25 heavily involved in building a better Buffalo,
4016
1 both by preserving our city's past and ensuring
2 the prosperity of its future by championing key
3 reforms centered around sustainability and
4 renewable energy.
5 When Joan set her mind to something,
6 it got done. All we have to do is look at
7 Buffalo's waterfront, where the Heritage Carousel
8 sits. Joan wanted to bring this solar-powered
9 carousel to that space for decades, and in 2021
10 she saw her vision come to life.
11 Despite her many accomplishments,
12 Joan was most proud of her family. She's
13 survived by her five children, seven
14 grandchildren, and five great-grandchildren, and
15 they will carry her spirit and legacy with them
16 always.
17 So as we mourn the passing of
18 Joan Bozer, we also celebrate the full life she
19 lived and the many lives she changed during her
20 time with us here on earth. May her passion for
21 public service inspire us all, and may she rest
22 in peace.
23 With that, Mr. President, I vote
24 aye.
25 ACTING PRESIDENT BAILEY: The
4017
1 resolution was previously adopted on May 16th.
2 Senator Gianaris.
3 SENATOR GIANARIS: Thank you,
4 Mr. President.
5 If I could just a take a moment to
6 do another introduction, we are joined today by
7 the distinguished Julia Gershun.
8 Will you please stand?
9 She's Miss Ukraine from 2016 and
10 Miss Universe in 2018, and is traveling the world
11 advocating for peace for her home country. And
12 she has decided to come join us today as part of
13 her efforts.
14 So we welcome Julia to the Senate
15 chamber today.
16 (Standing ovation.)
17 ACTING PRESIDENT BAILEY: Senator
18 Gianaris.
19 MS. GERSHUN: {Inaudible.} It's a
20 very deep honor. Thank you.
21 SENATOR GIANARIS: Thank you.
22 (Applause.)
23 ACTING PRESIDENT BAILEY: Senator
24 Gianaris.
25 SENATOR GIANARIS: Thank you,
4018
1 Mr. President.
2 Can we now move to previously
3 adopted Resolution 1003, by Senator Breslin, read
4 that resolution's title, and recognize
5 Senator Breslin.
6 ACTING PRESIDENT BAILEY: The
7 Secretary will read.
8 THE SECRETARY: Senate Resolution
9 1003, by Senator Breslin, commending the
10 Capital Region Chamber of Commerce upon the
11 occasion of celebrating its Military Appreciation
12 Event on May 17, 2023.
13 ACTING PRESIDENT BAILEY: Senator
14 Breslin on the resolution.
15 SENATOR BRESLIN: Thank you,
16 Mr. President.
17 This country, to keep up its
18 military forces, has many places that we all
19 recognize -- Quantico, Fort Bragg, even our own
20 Fort Drum.
21 The Capital District has many, many
22 military-related places, but unfortunately
23 they're not under one roof. So the Capital
24 District Chamber of Commerce decided, we're going
25 to change that. We're going to bring all these
4019
1 groups together to form a unit that can help them
2 economically.
3 So we have, among others, the
4 New York Air National Guard 109th Air Lift Wing,
5 the Naval Support Activity Wing in Saratoga
6 Springs, the Nuclear Power Training Unit in
7 Ballston Spa, and the Watervliet Arsenal, plus
8 numerous others. In addition to hosting hundreds
9 of servicemembers, we've gotten together as a
10 unit.
11 Now, I'll give you one example. The
12 Watervliet Arsenal, which many of you know but
13 many of you probably don't know, is located in
14 Albany County in Watervliet, New York, and it was
15 the site of the first building of cannons in
16 1812. It's the oldest continuously operating
17 arsenal in the United States. Today it
18 manufactures weaponry for the high-powered tank
19 and artillery systems that serve as the bedrock
20 of America and our allies militarily.
21 Appropriately, we just welcomed
22 Miss Ukraine.
23 The 109th Air Lift Wing, based in
24 Scotia, flies the world's only large specialized
25 ski planes that support Arctic and Antarctic
4020
1 operations, and they go back and forth.
2 So there's many others too numerous
3 to mention on this busy, busy day. But rest
4 assured the Capital District commerce group has
5 really made an effort to bring these hundreds and
6 hundreds of families together economically as
7 well as militarily.
8 So I salute the Chamber of Commerce.
9 I salute the new council. And we had a big press
10 conference this morning, and some pictures here,
11 and I think there's one remaining officer. And I
12 was, you know, among many, many officers who
13 really seriously threatened me being around.
14 So would you stand and be recognized
15 as we salute our military in the Capital District
16 and the Capital District Chamber of Commerce.
17 Thank you, Mr. President.
18 ACTING PRESIDENT BAILEY: To our
19 guest, we welcome you on behalf of the Senate.
20 Thank you for your service, and we extend to you
21 the privileges and the courtesies of this house.
22 Please rise and be recognized.
23 (Standing ovation.)
24 ACTING PRESIDENT BAILEY: The
25 resolution was previously adopted on May 16th.
4021
1 Senator Gianaris.
2 SENATOR GIANARIS: Mr. President,
3 at the request of the various sponsors, all of
4 today's resolutions are open for cosponsorship.
5 ACTING PRESIDENT BAILEY: These
6 resolutions are all open for cosponsorship.
7 Should you choose not to be a cosponsor, please
8 notify the desk.
9 Senator Gianaris.
10 SENATOR GIANARIS: I have a couple
11 of motions here, Mr. President.
12 I wish to call up the following
13 bills, which were recalled from the Assembly and
14 are now at the desk:
15 Senate Prints 2988 and 1901.
16 ACTING PRESIDENT BAILEY: The
17 Secretary will read.
18 THE SECRETARY: Calendar Number
19 425, Senate Print 2988, by Senator Harckham, an
20 act to amend the Public Service Law.
21 Calendar Number 465, Senate Print
22 1901, by Senator Stavisky, an act to amend the
23 Criminal Procedure Law.
24 SENATOR GIANARIS: I now move to
25 reconsider the vote by which these bills were
4022
1 passed.
2 ACTING PRESIDENT BAILEY: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 61.
6 ACTING PRESIDENT BAILEY: The bills
7 are restored to their place on the Third Reading
8 Calendar.
9 SENATOR GIANARIS: I offer the
10 following amendments.
11 ACTING PRESIDENT BAILEY: The
12 amendments are received, and the bills will
13 retain their places on the Third Reading
14 Calendar.
15 SENATOR GIANARIS: Can we now take
16 up the reading of the calendar.
17 ACTING PRESIDENT BAILEY: The
18 Secretary will read.
19 THE SECRETARY: Calendar Number
20 239, Senate Print 634, by Senator Comrie, an act
21 to amend the Education Law.
22 ACTING PRESIDENT BAILEY: Read the
23 last section.
24 THE SECRETARY: Section 4. This
25 act shall take effect immediately.
4023
1 ACTING PRESIDENT BAILEY: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT BAILEY: Senator
5 Stavisky to explain her vote.
6 SENATOR STAVISKY: Yes, thank you,
7 Mr. President.
8 I asked to be recorded as abstaining
9 on this vote, on this bill, because of a personal
10 conflict.
11 Thank you, Mr. President.
12 ACTING PRESIDENT BAILEY: Senator
13 Stavisky to abstain from this vote.
14 Announce the results.
15 THE SECRETARY: Ayes, 60.
16 ACTING PRESIDENT BAILEY: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 415, Senate Print 346, by Senator Gounardes, an
20 act to amend the Labor Law.
21 ACTING PRESIDENT BAILEY: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the 180th day after it
25 shall have because a law.
4024
1 ACTING PRESIDENT BAILEY: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT BAILEY: Announce
5 the results.
6 THE SECRETARY: In relation to
7 Calendar 415, those Senators voting in the
8 negative are Senators Borrello, Gallivan,
9 Helming, Murray, Oberacker, O'Mara, Ortt, Rhoads,
10 Tedisco and Walczyk.
11 Ayes, 51. Nays, 10.
12 ACTING PRESIDENT BAILEY: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 559, Senate Print 3587, by Senator Helming, an
16 act to amend the Mental Hygiene Law.
17 ACTING PRESIDENT BAILEY: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect on the 90th day after it
21 shall have become a law.
22 ACTING PRESIDENT BAILEY: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT BAILEY: Announce
4025
1 the results.
2 THE SECRETARY: Ayes, 61.
3 ACTING PRESIDENT BAILEY: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 693, Senate Print 5362A, by Senator Rolison, an
7 act to amend the Highway Law.
8 SENATOR LANZA: Lay it aside for
9 the day.
10 ACTING PRESIDENT BAILEY: The bill
11 will be laid aside for the day.
12 THE SECRETARY: Calendar Number
13 766, Assembly Number 1628, by
14 Assemblymember McDonald, an act to amend the
15 Public Buildings Law.
16 SENATOR LANZA: Lay it aside.
17 ACTING PRESIDENT BAILEY: Lay it
18 aside.
19 THE SECRETARY: Calendar Number
20 773, Senate Print 5907, by Senator Cleare, an act
21 to amend the Elder Law.
22 ACTING PRESIDENT BAILEY: Read the
23 last section.
24 THE SECRETARY: Section 4. This
25 act shall take effect immediately.
4026
1 ACTING PRESIDENT BAILEY: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT BAILEY: Senator
5 Cleare to explain her vote.
6 SENATOR CLEARE: Thank you,
7 Mr. President.
8 The NORCs -- naturally occurring
9 retirement communities -- and Neighborhood NORCs
10 supportive service programs within the
11 State Office for the Aging are important programs
12 that can help enhance the quality of life and
13 continuity of services for older New Yorkers. In
14 fact, this year's budget includes additional
15 funding for NORCs in recognition of the pivotal
16 role they play in our communities now and into
17 the future.
18 This bill adds to the already
19 existing SOFA-led data collection efforts
20 concerning NORCs to include the ever-important
21 metric of loneliness and social isolation.
22 Loneliness is more than an aging and
23 public health issue; it is an epidemic, in many
24 situations. We need to know if the current NORC
25 model is meeting all the needs of New Yorkers who
4027
1 feel alone and isolated or, conversely, if more
2 funding supports and new approaches are needed.
3 Let us not forget that, sadly,
4 loneliness and isolation have been linked to
5 lower life expectancy, dementia, depression,
6 anxiety and suicide in individuals. We must
7 ensure that NORCs and all senior housing and
8 resources are designed to make our loved ones
9 feel supported and loved.
10 I proudly vote aye.
11 ACTING PRESIDENT BAILEY: Senator
12 Cleare to be recorded in the affirmative.
13 Announce the results.
14 THE SECRETARY: Ayes, 61.
15 ACTING PRESIDENT BAILEY: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 777, Senate Print 1381A, by Senator Comrie, an
19 act to amend the Election Law.
20 ACTING PRESIDENT BAILEY: Read the
21 last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect immediately.
24 ACTING PRESIDENT BAILEY: Call the
25 roll.
4028
1 (The Secretary called the roll.)
2 ACTING PRESIDENT BAILEY: Senator
3 Borrello to explain his vote.
4 SENATOR BORRELLO: Thank you,
5 Mr. President.
6 I rise in support of this bill.
7 Thank you, Senator Comrie. I think simplifying
8 things is great.
9 I do have to point out, though, that
10 often we do not practice what we preach here in
11 this chamber. Because as I look at today's
12 active list, I see several titles that are in
13 excess of 15 words, even though that's what this
14 bill calls for.
15 But a good bill, and I think it's
16 important that we make sure that these things are
17 simple. Thank you.
18 I vote aye.
19 ACTING PRESIDENT BAILEY: Senator
20 Borrello to be recorded in the affirmative.
21 Announce the results.
22 THE SECRETARY: Ayes, 61.
23 ACTING PRESIDENT BAILEY: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
4029
1 779, Senate Print 5537A, by Senator May, an act
2 to amend the Election Law.
3 ACTING PRESIDENT BAILEY: Read the
4 last section.
5 THE SECRETARY: Section 2. 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 May to explain her vote.
12 SENATOR MAY: Thank you,
13 Mr. President.
14 I want to thank my colleagues and
15 the leadership for bringing this bill to the
16 floor. The idea of county-wide polling places or
17 vote centers is an idea whose time has really
18 come.
19 When we passed the electronic
20 polling books legislation several years ago, one
21 of the things it made possible was voting
22 anywhere in your county, as people have been
23 doing during early voting, because you can show
24 up at any polling place and they can print out
25 the appropriate ballot for your exact location
4030
1 where you live.
2 So the City of Auburn has done this
3 with -- on Election Day. I think other boards of
4 elections may decide -- this is entirely
5 voluntary on their part, but many of them may
6 decide to make this possible too, to create both
7 centers within a county so that people can show
8 up where they are -- if they're working all day,
9 they can just go to the nearest polling place,
10 the nearest vote center, and vote.
11 So this is one more piece of
12 progress toward making our election accessible
13 and make sense in the 21st century.
14 So I'm grateful for all of the
15 pieces of the puzzle that have put it together to
16 allow us to get to this point where we can have
17 vote centers. And I'm grateful for this bill
18 coming to the floor today, and I vote aye.
19 ACTING PRESIDENT BAILEY: Senator
20 May to be recorded in the affirmative.
21 Announce the results.
22 THE SECRETARY: In relation to
23 Calendar 779, those Senators voting in the
24 negative are Senators Ashby,
25 Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming,
4031
1 Martins, Mattera, Murray, Oberacker, O'Mara,
2 Ortt, Rhoads, Stec, Tedisco, Walczyk and Weik.
3 Ayes, 45. Nays, 16.
4 ACTING PRESIDENT BAILEY: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 787, Senate Print 5357, by Senator Webb, an act
8 to amend the Alcoholic Beverage Control Law.
9 ACTING PRESIDENT BAILEY: Read the
10 last section.
11 THE SECRETARY: Section 8. This
12 act shall take effect immediately.
13 ACTING PRESIDENT BAILEY: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT BAILEY: Senator
17 Webb to explain her vote.
18 SENATOR WEBB: Thank you,
19 Mr. President. I rise to explain my vote.
20 This legislation is also in tandem
21 with the resolution that we passed earlier that
22 was proposed by Senator Ryan, with respect to
23 supporting small businesses. And this bill does
24 that also.
25 So this legislation provides support
4032
1 to our small businesses in the hospitality sector
2 by expanding opportunities for bed-and-breakfasts
3 to sell alcohol to their guests. By permitting a
4 licensed brewery, farm brewery, farm cidery,
5 distillery, farm winery or winery to operate a
6 bed-and-breakfast, this legislation will not only
7 support that economy but also boost our loyal
8 agritourism industry and all of the amazing beer,
9 cider, spirits and wine that we produce right
10 here in New York State.
11 Furthermore, this bill removes the
12 requirement that a patron must be an overnight
13 guest in order for a B&B to sell them an
14 alcoholic beverage, therefore expanding
15 opportunities for these small businesses to
16 expand their customer base.
17 Additionally, this bill expands
18 choices for tourists coming to our state,
19 allowing them to enjoy some of the same comforts
20 at a B&B that they might expect at a hotel.
21 Mr. President, this bill will create
22 parity between B&Bs and similar establishments
23 such as hotels, restaurants and catering
24 establishments, enhancing our local tourism
25 industry by creating opportunities for
4033
1 cross-promotion between the bed-and-breakfast
2 industry and the state's growing wineries,
3 distilleries, breweries, and cider industries.
4 I proudly vote aye and encourage my
5 colleagues to do the same. Thank you.
6 ACTING PRESIDENT BAILEY: Senator
7 Webb to be recorded in the affirmative.
8 Announce the results.
9 THE SECRETARY: Ayes, 61.
10 ACTING PRESIDENT BAILEY: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 802, Senate Print 3611, by Senator Kennedy, an
14 act to amend the General Municipal Law.
15 ACTING PRESIDENT BAILEY: Read the
16 last section.
17 THE SECRETARY: Section 2. 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: Ayes, 61.
25 ACTING PRESIDENT BAILEY: The bill
4034
1 is passed.
2 THE SECRETARY: Calendar Number
3 811, Senate Print 5914A, by Senator Chu, an act
4 to amend the Education Law.
5 ACTING PRESIDENT BAILEY: Read the
6 last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect on the 60th day after it
9 shall have become a law.
10 ACTING PRESIDENT BAILEY: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT BAILEY: Announce
14 the results.
15 THE SECRETARY: In relation to
16 Calendar Number 811, voting in the negative:
17 Senator Walczyk.
18 Ayes, 60. Nays, 1.
19 ACTING PRESIDENT BAILEY: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 812, Senate Print 6223, by Senator May, an act to
23 amend the Education Law.
24 ACTING PRESIDENT BAILEY: Read the
25 last section.
4035
1 THE SECRETARY: Section 2. This
2 act shall take effect on the 180th 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: Ayes, 61.
10 ACTING PRESIDENT BAILEY: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 816, Senate Print 1552, by Senator Addabbo, an
14 act to amend the Environmental Conservation Law.
15 ACTING PRESIDENT BAILEY: Read the
16 last section.
17 THE SECRETARY: Section 2. 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 816, those Senators voting in the
4036
1 negative are Senators Brisport, Gonzalez, Griffo,
2 Lanza, Ortt and Salazar.
3 Ayes, 55. Nays, 6.
4 ACTING PRESIDENT BAILEY: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 826, Senate Print 419, by Senator Thomas, an act
8 to amend the Tax Law.
9 ACTING PRESIDENT BAILEY: Read the
10 last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect immediately.
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, 61.
19 ACTING PRESIDENT BAILEY: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 833, Senate Print 2099B, by Senator Harckham, an
23 act to amend the Public Health Law.
24 ACTING PRESIDENT BAILEY: Read the
25 last section.
4037
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: Senator
8 Harckham to explain his vote.
9 SENATOR HARCKHAM: Thank you very
10 much, Mr. President.
11 This bill is titled right now S9616,
12 and hopefully after today this will be known as
13 Matthew's Law.
14 Matthew Horan, like far too many
15 New Yorkers, was a beautiful young man who
16 succumbed in 2020 to a fentanyl overdose. And
17 like many, Matthew could have been saved had he
18 known what was in the substance he was taking.
19 And so his sister Kailey came to us and asked us
20 how we could spread the accessibility of fentanyl
21 test strips.
22 And so if you all remember a few
23 years ago, we allowed, through standing order in
24 pharmacies, prescriptions for Narcan to use a
25 pharmacy network to get this vital lifesaving
4038
1 harm reduction tool out.
2 And that's what this bill does. Our
3 harm reduction folks are committed, they're
4 dedicated, but they're underfunded and there are
5 too few of them. And so this bill will use the
6 power of the existing retail pharmacy network
7 that exists in New York State for standing orders
8 of prescriptions of fentanyl test strips, and
9 hopefully we can save some lives through this
10 law.
11 So I'm grateful to Kailey for
12 bringing this to us, and I will be voting aye.
13 Thank you so much.
14 ACTING PRESIDENT BAILEY: Senator
15 Harckham to be recorded in the affirmative.
16 Announce the results.
17 THE SECRETARY: Ayes, 61.
18 ACTING PRESIDENT BAILEY: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 834, Senate Print 2193, by Senator Bailey, an act
22 to amend the Criminal Procedure Law.
23 ACTING PRESIDENT BAILEY: Read the
24 last section.
25 THE SECRETARY: Section 2. This
4039
1 act shall take effect on the 90th day after it
2 shall have become a law.
3 ACTING PRESIDENT BAILEY: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT BAILEY: Senator
7 Krueger to explain her vote.
8 SENATOR KRUEGER: Thank you very
9 much.
10 I rise to support your bill,
11 Senator Bailey -- Mr. President.
12 I was actually on a jury once where
13 we learned that the defendant continued to say
14 during his arrest, during the court case, that he
15 did not understand what was being said to him or
16 asked of him. And the truth was there was nobody
17 to translate into his language, which wasn't such
18 a common language even in New York City.
19 And it took the jury a very short
20 period of time to rule in favor of the defendant,
21 because we understood that no one understood what
22 he was saying and what he was asking during --
23 from the actual arrest, which was tape-recorded
24 by the police, and the person kept saying "I
25 don't understand, I don't speak English" -- to
4040
1 the actual court proceeding.
2 And so I just think this is crucial
3 to make sure that everyone is getting treated
4 fairly under our law, is being brought to trial
5 if they should. But frankly we would save some
6 money in trials if we knew all of this in advance
7 and didn't waste everyone's time bringing people
8 to trial when they simply never had an
9 opportunity to hear what they were being charged
10 with and to explain anything.
11 So I'm very glad we're passing your
12 bill today. Thank you, Mr. President.
13 I vote aye.
14 ACTING PRESIDENT BAILEY: Senator
15 Krueger to be recorded in the affirmative.
16 Announce the results.
17 THE SECRETARY: In relation to
18 Calendar 834, those Senators voting in the
19 negative are Senators Ashby, Borrello,
20 Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming,
21 Lanza, Martins, Mattera, Murray, Oberacker,
22 O'Mara, Ortt, Palumbo, Rhoads, Rolison, Stec,
23 Tedisco, Walczyk, Weber and Weik.
24 Ayes, 40. Nays, 21.
25 ACTING PRESIDENT BAILEY: The bill
4041
1 is passed.
2 THE SECRETARY: Calendar Number
3 837, Senate Print 2675, by Senator Fernandez, an
4 act to amend the Executive Law.
5 ACTING PRESIDENT BAILEY: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT BAILEY: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT BAILEY: Senator
13 Fernandez to explain her vote.
14 SENATOR FERNANDEZ: Thank you,
15 Mr. President.
16 As your chair of the Alcohol and
17 Substance Use Disorders Committee, I've said it
18 many times before that we are in a crisis with
19 the overdoses and the deaths that are happening
20 in New York State. Every 90 minutes we are
21 losing a life. And we, as leaders of the state,
22 need to be doing everything we can to make sure
23 that an overdose death does not happen again.
24 And please let it be known that
25 every overdose death is preventable. And this
4042
1 day would give those that we've lost a place and
2 a time for us to remember them, for the families
3 and communities affected by those deaths to
4 support them, and to let it be known and to
5 forever continue to fight against overdoses and
6 to make sure that we don't continue to see this
7 terrible trend that has been continuing.
8 I'm very grateful for the leadership
9 for bringing this bill for the floor, and to
10 making it a point this year that overdoses are a
11 pandemic, a crisis, and that it deserves a day of
12 memory.
13 Our communities deserve to know that
14 we are addressing this issue. They need to know
15 that we are paying attention. And we must know
16 that this is a priority. And I hope that my
17 priority in pushing towards this is being -- oh,
18 what's the word? That you feel what I'm trying
19 to say.
20 But I really do appreciate this
21 moment, and I thank everyone that has
22 cosponsored, which has been on both sides of the
23 aisle. And I think it's so important to
24 highlight that this particular issue has no side.
25 Every single one of us in this room has had
4043
1 community members, friends, family, neighbors
2 that is either suffering with addiction, has
3 suffered, or has unfortunately passed because of
4 overdose.
5 August 31st is going to be the day
6 that we recognize this moment, that we remember
7 those lost, and that we stay motivated to
8 continue to push back against the stigma, to put
9 the funding in place for services that work, and
10 to make sure that we don't turn our backs on
11 those that need our help.
12 Thank you, Mr. Speaker --
13 Mr. President.
14 ACTING PRESIDENT BAILEY: Senator
15 Fernandez to be recorded in the affirmative.
16 Senator Scarcella-Spanton to explain
17 her vote.
18 SENATOR SCARCELLA-SPANTON: Thank
19 you, Mr. President.
20 And thank you, Senator Fernandez,
21 for introducing this important piece of
22 legislation.
23 As we commemorate Overdose Awareness
24 Day, we must confront the stark reality that
25 overdose deaths continue to plague our
4044
1 communities. It is a day that we will remember
2 those who have fallen victim to addiction, and to
3 honor their memory by taking decisive action to
4 prevent further loss.
5 In recent years Staten Island has
6 faced a unrelenting crisis with a
7 disproportionately high rate of overdose deaths
8 compared to other areas of the city. I can say
9 personally I have lost countless amounts of
10 friends due to this tragedy, I think nine from my
11 graduating class alone in the school that I went
12 to, in middle school.
13 One person I just really want to
14 take a moment to commemorate is my dear friend
15 Joey Fellini, who I will be sending this to his
16 family. I do this in memory of him. As sick as
17 I am today, I got up on the floor to speak about
18 it. So may his memory always be never forgotten,
19 and may we do everything we can to help families
20 in the future.
21 I vote aye. Thank you.
22 ACTING PRESIDENT BAILEY: Senator
23 Scarcella-Spanton to be recorded in the
24 affirmative.
25 Senator Murray to explain his vote.
4045
1 SENATOR MURRAY: Thank you,
2 Mr. President.
3 I'd like to thank the sponsor for
4 this. It was just earlier we learned we were
5 actually working on the same bill, without
6 knowing it. And it shows just how important this
7 is on both sides of the aisle. Everyone realizes
8 how important this issue is. So I thank the
9 sponsor for allowing me to cosponsor this with
10 her.
11 Just a couple of interesting but sad
12 statistics. New York is second in the nation
13 with nearly 6,000 deaths in the latest year that
14 the CDC has compiled the data. Overall overdose
15 deaths in the U.S. are 96,700. New York
16 comprises 6.25 percent of overdose deaths, while
17 we make up only 5.7 percent of the population.
18 During the COVID years, we were
19 seeing 30 percent increases in overdose deaths.
20 If you didn't think this was an important issue,
21 Senator Harckham just passes a bill, Matthew's
22 Law, regarding fentanyl.
23 This issue is so pervasive, so
24 dangerous, and so deadly. I had mentioned in a
25 previous talk that I had attended a parents and
4046
1 other survivors of murdered victims candlelight
2 vigil. And you say, is this really murdered
3 victims? Well, yes, every single overdose is a
4 murdered victim. Because it is a deadly, deadly
5 disease.
6 And it is terribly important that we
7 spread the message that we need to do all we can
8 to stop this. And it cannot be overstated how
9 important it is to bring awareness to this
10 insidious and deadly problem.
11 So I thank each and every one of you
12 for supporting this bill. And thank you again to
13 the sponsor for bringing it forward.
14 I proudly vote aye.
15 ACTING PRESIDENT BAILEY: Senator
16 Murray to be recorded in the affirmative.
17 Senator May to explain her vote.
18 SENATOR MAY: Thank you,
19 Mr. President.
20 I also want to thank the sponsor of
21 this bill and my colleagues on both sides of the
22 aisle for their support of it.
23 As the chair of the Commission on
24 Rural Resources, I also want to make sure that we
25 don't lose sight of just how significant a crisis
4047
1 there is in our rural areas. The rates of
2 overdose have been going up, and they went up a
3 lot faster in rural areas, especially in the
4 2010s, than they did in urban areas.
5 And we held a roundtable a few years
6 ago in one of the more rural parts of my district
7 about this issue, and found that not only were
8 the rates very high, but the rate of stigma
9 attached to drug use and overdose was far greater
10 in rural areas than in urban areas.
11 I know a lot of first responders and
12 others who deeply care about this issue have been
13 trying to address that concern. But this kind of
14 bill that we're passing today I think makes a
15 difference. And we need to make sure that it
16 is -- that we're lifting it up in every part of
17 the state, because this is a tragedy for so many
18 families in every kind of community in this
19 state.
20 I vote aye.
21 ACTING PRESIDENT BAILEY: Senator
22 May to be recorded in the affirmative.
23 Senator Jackson to explain his vote.
24 SENATOR JACKSON: Thank you,
25 Mr. President.
4048
1 I rise to congratulate my colleague
2 in knowing this will be the -- August 31st as
3 Overdose Awareness Day.
4 And I'm fully aware about overdose,
5 because my younger sister in the 1970s, in the
6 heroin epidemic, overdosed in a home in Harlem.
7 And my mother and I had to go to identify her
8 body in bed as a result of an overdose. So
9 please, I know what it's like.
10 That's why when the overdose
11 prevention center On Point in Washington Heights
12 on 180th Street and Amsterdam Avenue was there, I
13 supported it even though there were people in our
14 community that rallied in front of it against it.
15 And I asked the question, if it was
16 your mother, your father, your sister or brother,
17 would you want them to overdose and die? Or
18 would you want this center here -- if they were
19 there shooting up in the center, to be revived?
20 That's the question that I make it personal. And
21 this is a personal matter to me, knowing from a
22 history point of view, it's clear in my mind, in
23 my head, I can visualize the day that we went
24 there to identify the body.
25 And so, Madam President {sic}, I
4049
1 vote aye and I thank the sponsor for putting
2 forward this resolution.
3 ACTING PRESIDENT BAILEY: Senator
4 Jackson to be recorded in the affirmative.
5 Senator Harckham to explain his
6 vote.
7 SENATOR HARCKHAM: Thank you very
8 much, Mr. President.
9 I want to thank Senator Fernandez
10 for bringing this bill to the floor, for
11 sponsoring it, and for her leadership of the
12 committee.
13 I want to thank all the Senators
14 we've heard today, and Senator May for speaking
15 about stigma. Because when our task force toured
16 the state some years ago, that was by far the
17 number-one issue.
18 So the substance may be killing
19 people, but the number-one killer is stigma.
20 People don't know how to reach out for help,
21 they're afraid to reach out for help. Families
22 don't know where to go. And then the stigma and
23 the ignorance around the disease and the people
24 who are using.
25 And so if we honestly want to save
4050
1 people's lives, we need to be breaking down
2 stigma and meeting people where they are. And
3 sometimes where they are may not be a nice place.
4 It may not be the place we want to see in our
5 neighborhood and our communities. But that's
6 where folks are who we love, and that's where we
7 have to meet them, unconditionally, and recognize
8 that not everyone is ready for treatment, not
9 everybody wants treatment, treatment doesn't work
10 for everybody.
11 And so, first and foremost, it's
12 about saving lives. All the models we used, you
13 know, when I got sober 30 years ago, about
14 alcohol and about cocaine, even the old heroin,
15 those models are out the window. It's about
16 saving lives and meeting people where they are
17 and medication-assisted treatment on demand. And
18 we have done a lot of work in that area in this
19 chamber.
20 So I want to thank you. Every day
21 should be Overdose Awareness Day. But at least
22 we will now have one day in New York State where
23 we can publicly focus attention on this issue,
24 break down some barriers, and end the shame.
25 I'm proud to vote aye. Thank you.
4051
1 ACTING PRESIDENT BAILEY: Senator
2 Harckham to be recorded in the affirmative.
3 Announce the results.
4 THE SECRETARY: Ayes, 61.
5 ACTING PRESIDENT BAILEY: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 841, Senate Print 4648, by Senator Kennedy, an
9 act to amend the Executive Law.
10 ACTING PRESIDENT BAILEY: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the 180th day after it
14 shall have become a law.
15 ACTING PRESIDENT BAILEY: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT BAILEY: Senator
19 Kennedy to explain his vote.
20 SENATOR KENNEDY: Thank you,
21 Mr. President.
22 I'm proud to sponsor this bill that
23 will establish the Office of Native American
24 Affairs here in New York State.
25 As the chair of the Senate
4052
1 Subcommittee on Native American Relations, I can
2 tell you that the creation of this office is much
3 needed. It will be a game-changer in terms of
4 elevating voices of Native American Nations
5 across our great state.
6 Currently there is no central entity
7 within our government that supports continued
8 partnership and collaboration between the state
9 and federally recognized Nations in New York.
10 And while the Legislature and the
11 Governor can take steps to foster partnerships
12 and initiatives to bolster these communities,
13 there's no dedicated office responsible for
14 taking the very needs and the perspective of
15 Native Nations into consideration when making
16 decisions that will ultimately impact them.
17 And we know that the disparities
18 continue to persist within these communities.
19 Whether we're talking about gaps in healthcare,
20 economies or education, the list is endless. We
21 also know that these disparities are perpetuated
22 by decades of generational trauma, disinvestment,
23 and discrimination that these Nations have faced.
24 Without a central entity designed to help address
25 these challenges head on, we're by default
4053
1 allowing them to continue to exist.
2 With this bill, we're changing that.
3 An Office of Native American Affairs here in
4 New York State will ensure that voices of
5 Native Nations are considered when we're shaping
6 state policies.
7 This office will, among other
8 things, maintain open lines of communication and
9 strong relationships between New York and our
10 tribal nations, coordinate and manage
11 Native-American-related policies, and serve as a
12 resource for Nations to access information on
13 state programs that assist Native American
14 populations.
15 This office is something that our
16 Nations want. They see this as a way to
17 strengthen the relationship between New York and
18 the Native communities, and they believe it's a
19 strong step toward building a more inclusive
20 New York.
21 I want to thank our great Majority
22 Leader, Andrea Stewart-Cousins, for truly
23 listening to the needs of those Nations by
24 prioritizing this bill and by helping to create
25 this much-needed resource.
4054
1 I want to thank the leadership of
2 the individual Native Nations across the state
3 who we've worked very closely with over the
4 course of the last several years to ensure that
5 changes are made and attention is brought to
6 these communities that has never been there in
7 over two centuries of the existence of this great
8 state, and that this bill comes to the floor that
9 will adequately address the needs of their
10 citizens.
11 I also want to thank our colleagues
12 in this chamber here today who have supported
13 this legislation and continue to work with us to
14 understand the direct impact that we have on
15 Native communities by passing important
16 legislation like this that's before us here
17 today.
18 Today we're one step closer to
19 elevating all of these voices together,
20 Mr. President.
21 And with that, I vote aye.
22 ACTING PRESIDENT BAILEY: Senator
23 Kennedy to be recorded in the affirmative.
24 Senator May to explain her vote.
25 SENATOR MAY: Thank you,
4055
1 Mr. President.
2 And thank you, Senator Kennedy, for
3 your leadership of the State Native American
4 Relations Commission and in bringing this bill
5 forward.
6 I have the honor to represent the
7 Onondaga Nation territory as it is currently
8 defined, but I also have the honor to represent
9 an entire district that is on the traditional
10 lands of the Haudenosaunee people.
11 I want to say one thing that I think
12 we don't recognize enough is that when the
13 Haudenosaunee Confederacy was formed, the
14 Great Law of Peace that lies at the basis of the
15 confederacy actually created one of the longest
16 continuous democracies on earth. And the
17 Great Law of Peace serves as a model for the
18 United States Constitution. So we are honored to
19 live and work on the lands that are the
20 traditional lands of the Haudenosaunee, and we
21 have a lot to learn from them.
22 I also agree with Senator Kennedy we
23 have a lot to offer. And we have fought very
24 hard in the last couple of years to make sure
25 that we are addressing some of the inequities in
4056
1 how the schools are funded, how the health
2 clinics are funded. But we need to take a more
3 comprehensive look. And I believe that this
4 Office of Native American Affairs will make that
5 easier to do.
6 I vote aye. Thank you.
7 ACTING PRESIDENT BAILEY: Senator
8 May to be recorded in the affirmative.
9 Senator Borrello to explain his
10 vote.
11 SENATOR BORRELLO: Thank you,
12 Mr. President.
13 I want to thank Senator Kennedy for
14 this. He and I both share assets of the
15 Seneca Nation in our districts. I'm proud to
16 represent the sovereign nation of the
17 Seneca Nation.
18 And more important, we talk about
19 the past often, we talk about offenses against
20 our Native tribes here in New York State. But
21 unfortunately, the past is not all that far in
22 the past.
23 We saw the previous administration
24 that was actively engaged in sabotaging the
25 Seneca Nation and others -- for example, refusing
4057
1 to repair roads that ran through Seneca
2 territories. We saw a compact that was violated
3 by the previous governor, and other such
4 atrocities that made it more difficult for the
5 Seneca Nation and others that provide economic
6 support particularly for our local governments,
7 through their compact.
8 And I really urge the Governor to
9 move forward with this new compact -- critically
10 important as we're running to the end of this
11 session.
12 Part of this legislation says to
13 develop and maintain cooperative relationships
14 between New York State's tribal nations, tribal
15 organizations, Native American citizens and the
16 state. We have a long way to go to complete
17 that. And I am glad to see that the Legislature
18 is stepping up to try to be a part in assisting
19 that.
20 So I proudly vote aye.
21 ACTING PRESIDENT BAILEY: Senator
22 Borrello to be recorded in the affirmative.
23 Announce the results.
24 THE SECRETARY: Ayes, 61.
25 ACTING PRESIDENT BAILEY: The bill
4058
1 is passed.
2 THE SECRETARY: Calendar Number
3 847, Senate Print 319, by Senator Salazar, an act
4 to amend the Public Health Law.
5 ACTING PRESIDENT BAILEY: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the 180th day after it
9 shall have become a law.
10 ACTING PRESIDENT BAILEY: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT BAILEY: Announce
14 the results.
15 THE SECRETARY: In relation to
16 Calendar 847, those Senators voting in the
17 negative are Senators Ashby, Borrello, Gallivan,
18 Griffo, Helming, Lanza, Mattera, Murray,
19 Oberacker, O'Mara, Ortt, Palumbo, Rhoads,
20 Rolison, Stec, Tedisco, Walczyk, Weber and Weik.
21 Ayes, 42. Nays, 19.
22 ACTING PRESIDENT BAILEY: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 860, Senate Print 1605, by Senator Serrano, an
4059
1 act to amend the Social Services Law and the
2 Executive Law.
3 ACTING PRESIDENT BAILEY: Read the
4 last section.
5 THE SECRETARY: Section 4. This
6 act shall take effect on the 60th day after it
7 shall have become a law.
8 ACTING PRESIDENT BAILEY: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT BAILEY: Announce
12 the results.
13 THE SECRETARY: Ayes, 61.
14 ACTING PRESIDENT BAILEY: The bill
15 is passed.
16 Senator Gianaris, that completes the
17 reading of today's calendar.
18 SENATOR GIANARIS: Can we now move
19 to the controversial calendar, please.
20 ACTING PRESIDENT BAILEY: The
21 Secretary will ring the bell.
22 The Secretary will read.
23 THE SECRETARY: Calendar Number
24 766, Assembly Print Number 1628, by
25 Assemblymember McDonald, an act to amend the
4060
1 Public Buildings Law.
2 ACTING PRESIDENT BAILEY: Senator
3 Lanza, why do you rise?
4 SENATOR LANZA: Mr. President, I
5 believe there's an amendment at the desk. I
6 waive the reading of that amendment and ask that
7 you recognize Senators Weber and Rolison.
8 ACTING PRESIDENT BAILEY: Thank
9 you, Senator Lanza.
10 Upon review of this amendment, in
11 accordance with Rule 6, Section 4B, I rule it
12 nongermane and out of order at this time.
13 SENATOR LANZA: Accordingly,
14 Mr. President, I appeal the ruling of the chair
15 and ask that you recognize Senator Weber to be
16 heard on the appeal, and upon completion of his
17 remarks, that you then recognize Senator Rolison.
18 ACTING PRESIDENT BAILEY: Thank
19 you, Senator Lanza. Both Senators Weber and
20 Rolison may be heard on the appeal.
21 Senator Weber.
22 SENATOR WEBER: Mr. President, I
23 rise to appeal the ruling of the chair.
24 The proposed amendment is germane to
25 the bill at hand because the bill at hand deals
4061
1 with the state leasing buildings and the
2 Governor's executive order related to migrants
3 making it easier for the state to lease buildings
4 to house such migrants.
5 This amendment has two pieces. The
6 first about local control. It would clarify that
7 a local state of emergency supercedes a state's
8 state of emergency issued by the Governor when
9 the two are in conflict.
10 Giving power back to our local
11 governments -- like my county executive, Ed Day,
12 like my Orangetown supervisor, Teresa Kenny --
13 and allowing them to make their own decisions
14 about what is best for their communities, without
15 interference by the state, is critical.
16 There are several counties outside
17 of New York City such as Rockland County, where I
18 represent, and Orange County where, you know,
19 Senator Rolison represents, that have made it
20 clear that they do not have the resources to
21 house and provide such services to migrants.
22 My colleagues on the other side of
23 the aisle have long championed sanctuary cities,
24 yet now they're eager to send migrants from the
25 sanctuary city of New York City to other areas
4062
1 like Rockland County that have no such
2 designation.
3 For these reasons, Mr. President, I
4 strong urge you to reconsider your ruling.
5 Thank you.
6 ACTING PRESIDENT BAILEY: Senator
7 Rolison.
8 SENATOR ROLISON: Thank you,
9 Mr. President.
10 The second part of this amendment
11 concerns vulnerable individuals who are currently
12 in a motel, hotel or homeless shelter. Now, this
13 could include victims of crimes, veterans,
14 children and families that are in these
15 locations. And we know that they are because
16 throughout this state, and especially in the
17 Hudson Valley, those motels and hotels and
18 shelters are full.
19 And we're putting this amendment
20 forward today because of something that happened
21 last week. And that is when we learned at the
22 Crossgates Motel in Newburgh, because they were
23 receiving migrants from the City of New York --
24 because Mayor Adams had said that he did not have
25 any more room and he was going to need to put
4063
1 them in other locations -- that veterans who were
2 housed in that hotel were told that they had to
3 leave.
4 There was no plan put in place,
5 there was no warning given. As soon as the mayor
6 said that these individuals were coming north,
7 within a day or so they actually did, and that
8 caused that displacement.
9 As we witnessed last night with the
10 Women of Distinction, there were so many
11 individuals there who have done so much for
12 others. I had the honor to nominate
13 Sharon Toney-Finch several weeks ago. Sharon
14 Toney-Finch was the one that helped get those
15 veterans to another location, because that's the
16 organization that she founded and that's what she
17 does. I don't know what many of these veterans
18 would have done without Sharon Toney-Finch.
19 And there were others that had to
20 leave too that may have been able to get other
21 places to stay. But we spend a good amount of
22 time and the right amount of time in this chamber
23 advocating and protecting others. And we need to
24 make sure in this case, to my colleagues, that we
25 have to protect our most vulnerable, because
4064
1 that's who is at risk here. Because upending the
2 life of someone who finds themself in a place
3 that they're currently calling home, and now they
4 have to leave -- sometimes without a plan -- can
5 be devastating, obviously, to those individuals.
6 You know, it is just plain inhumane
7 and unjust to let this happen without a response.
8 Because we can't, I think, currently prevent
9 someone who owns a hotel or a motel to say that I
10 am not going to take someone who is going to pay
11 more money to me. It is a business. I find it
12 abhorrent, but however that's what happened in
13 Newburgh. And what I would say to my colleagues,
14 if it can happen in Newburgh, it could happen
15 other places.
16 So, Mr. President, this is why we
17 have put forth this amendment, to ensure that
18 that kind of activity doesn't happen again. And
19 for those reasons, Mr. President, I strongly urge
20 you to reconsider your ruling.
21 Thank you.
22 ACTING PRESIDENT BAILEY: Thank you
23 to Senators Weber and Rolison.
24 But I want to remind the house that
25 the vote is on the procedures of the house and
4065
1 the ruling of the chair.
2 Those in favor of overruling the
3 chair, please signify by saying aye.
4 (Response of "Aye.")
5 SENATOR LANZA: Show of hands.
6 ACTING PRESIDENT BAILEY: A show of
7 hands has been requested and so ordered.
8 Announce the results.
9 THE SECRETARY: Ayes, 21.
10 ACTING PRESIDENT BAILEY: The
11 ruling of the chair stands, and the bill-in-chief
12 is before the house.
13 Senator Gianaris.
14 SENATOR GIANARIS: Mr. President,
15 we've agreed to restore this to the
16 noncontroversial calendar.
17 ACTING PRESIDENT BAILEY: The bill
18 will be restored to the noncontroversial
19 calendar.
20 Read the last section.
21 THE SECRETARY: Section 4. This
22 act shall take effect on the 60th day after it
23 shall have become a law.
24 ACTING PRESIDENT BAILEY: Call the
25 roll.
4066
1 (The Secretary called the roll.)
2 ACTING PRESIDENT BAILEY: Announce
3 the results.
4 THE SECRETARY: In relation to
5 Calendar 766, those Senators voting in the
6 negative are Senators Ashby, Borrello, Felder,
7 Oberacker, O'Mara, Stec, Tedisco and Walczyk.
8 Ayes, 53. Nays, 8.
9 ACTING PRESIDENT BAILEY: The bill
10 is passed.
11 Senator Gianaris, that completes the
12 reading of today's calendar.
13 SENATOR GIANARIS: Thank you,
14 Mr. President.
15 Going back to motions for a moment,
16 on behalf of Senator Mannion, I wish to call up
17 Senate Print 5287, recalled from the Assembly,
18 which is now at the desk.
19 ACTING PRESIDENT BAILEY: The
20 Secretary will read.
21 THE SECRETARY: Calendar Number
22 578, Senate Print 5287, by Senator Mannion, an
23 act to amend Chapter 373 of the Laws of 1998.
24 SENATOR GIANARIS: I move to
25 reconsider the vote by which this bill was
4067
1 passed, and ask that the bill be restored to the
2 order of third reading.
3 ACTING PRESIDENT BAILEY: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 61.
7 ACTING PRESIDENT BAILEY: The bill
8 is restored to its place on the Third Reading
9 Calendar.
10 SENATOR GIANARIS: I now move to
11 discharge, from the Committee on Corporations,
12 Authorities and Commissions, Assembly Print 6547
13 and substitute it for the Senator Mannion bill.
14 The Senate bill on first passage was
15 voted unanimously, and I move that the
16 substituted Assembly bill have its third reading
17 at this time.
18 ACTING PRESIDENT BAILEY:
19 Substitution so ordered.
20 The Secretary will read.
21 THE SECRETARY: Calendar Number
22 578, Assembly Print Number 6547, by
23 Assemblymember Gunther, an act to amend
24 Chapter 373 of the Laws of 1998.
25 ACTING PRESIDENT BAILEY: Read the
4068
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
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, 61.
10 ACTING PRESIDENT BAILEY: The bill
11 is passed.
12 SENATOR GIANARIS: Please recognize
13 Senator Lanza for a motion.
14 ACTING PRESIDENT BAILEY: Senator
15 Lanza.
16 SENATOR LANZA: Thank you, Senator
17 Gianaris.
18 Mr. President, on behalf of
19 Senator Rolison, on page 42 I offer the following
20 amendments to Calendar Number 693, Assembly Print
21 5362A, and ask that said bill retain its place on
22 Third Reading Calendar.
23 ACTING PRESIDENT BAILEY: The bill
24 will be restored to its place on the Third
25 Reading Calendar.
4069
1 Senator Gianaris.
2 SENATOR GIANARIS: Is there any
3 further business at the desk?
4 ACTING PRESIDENT BAILEY: There is
5 no further business at the desk.
6 SENATOR GIANARIS: Move to adjourn
7 until tomorrow, Thursday, May 18th, at
8 11:00 a.m.
9 ACTING PRESIDENT BAILEY: On
10 motion, the Senate stands adjourned until
11 Thursday, May 18th, at 11:00 a.m.
12 (Whereupon, at 5:04 p.m., the Senate
13 adjourned.)
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