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1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 May 22, 2023
11 3:22 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR JAMAAL T. BAILEY, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
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25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT BAILEY: The 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 BAILEY: Rabbi
9 Rachel Timoner, of Congregation Beth Elohim, in
10 Brooklyn, will deliver today's invocation.
11 Rabbi.
12 RABBI TIMONER: (In Hebrew.)
13 God of all the world, our lives are
14 in Your hands. We are grateful, as Your
15 creatures, for the life You've given us, for the
16 blessing that is life. Grant that blessing upon
17 the people of the State of New York and on this
18 august body, which aims to serve the people.
19 We, many of us, strive in our lives
20 to discern and do Your will. We strive to honor
21 the lives You've given us. You've given us
22 incredible ingenuity and the power to innovate in
23 medicine to care for human bodies and human
24 lives, to prolong those lives sometimes 10 years,
25 20 years, sometimes even 50 years. And that is
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1 such a gift and such a blessing.
2 So too we ask You today to give us
3 the courage to look upon those in our state who
4 are right near the end of their lives, who are
5 suffering, who are crying out in that suffering
6 and asking for mercy. We call You Harachaman,
7 the Compassionate One, the source of mercy. Help
8 us embody Your mercy as we relieve people of
9 their suffering, as we respond to their cry, as
10 we allow them to release their bodies and return
11 their souls to You when they are at the very end
12 of their lives.
13 We ask for Your courage and we ask
14 for Your mercy. As the prophet Micah said, Only
15 this do I ask of you: Do justice, love mercy,
16 and walk humbly with your God.
17 Amen.
18 (Response of "Amen.")
19 ACTING PRESIDENT BAILEY: Reading
20 of the Journal.
21 THE SECRETARY: In Senate, Sunday,
22 May 21, 2023, the Senate met pursuant to
23 adjournment. The Journal of Saturday, May 20,
24 2023, was read and approved. On motion, the
25 Senate adjourned.
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1 ACTING PRESIDENT BAILEY: Without
2 objection, the Journal stands approved as read.
3 Presentation of petitions.
4 Messages from the Assembly.
5 The Secretary will read.
6 THE SECRETARY: Senator Krueger
7 moves to discharge, from the Committee on
8 Judiciary, Assembly Bill Number 1142 and
9 substitute it for the identical Senate Bill 155,
10 Third Reading Calendar 131.
11 Senator Ramos moves to discharge,
12 from the Committee on Codes, Assembly Bill
13 Number 836 and substitute it for the identical
14 Senate Bill 2518A, Third Reading Calendar 259.
15 Senator Mayer moves to discharge,
16 from the Committee on Housing, Construction and
17 Community Development, Assembly Bill Number 2134A
18 and substitute it for the identical Senate Bill
19 2294A, Third Reading Calendar 367.
20 Senator Mannion moves to discharge,
21 from the Committee On Corporations, Authorities
22 and Commissions, Assembly Bill Number 5518 and
23 substitute it for the identical Senate Bill 5711,
24 Third Reading Calendar 617.
25 Senator Addabbo moves to discharge,
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1 from the Committee on Racing, Gaming and
2 Wagering, Assembly Bill Number 3528 and
3 substitute it for the identical Senate
4 Bill 2779 --
5 ACTING PRESIDENT BAILEY: Excuse
6 me. A little bit of order in the house, please.
7 Thank you.
8 THE SECRETARY: -- Third Reading
9 Calendar 752.
10 Senator Parker moves to discharge,
11 from the Committee on Corporations, Authorities
12 and Commissions, Assembly Bill Number 1368A and
13 substitute it for the identical Senate Bill 406A,
14 Third Reading Calendar 872.
15 Senator Liu moves to discharge, from
16 the Committee on Codes, Assembly Bill Number
17 4023A and substitute it for the identical Senate
18 Bill 6088, Third Reading Calendar 1002.
19 ACTING PRESIDENT BAILEY: So
20 ordered.
21 Messages from the Governor.
22 Reports of standing committees.
23 Reports of select committees.
24 Communications and reports from
25 state officers.
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1 Motions and resolutions.
2 Senator Gianaris.
3 SENATOR GIANARIS: Good afternoon,
4 Mr. President.
5 On behalf of Senator May, I wish to
6 call up Calendar 764, Assembly Bill 2873A, and
7 move to reconsider the vote by which the Assembly
8 bill was substituted for Senate Print 5621A on
9 the order of third reading.
10 ACTING PRESIDENT BAILEY: The
11 Secretary will read.
12 THE SECRETARY: Calendar Number
13 764, Assembly Number 2873A, by Assemblymember
14 Kelles, an act to amend the Public Officers Law.
15 ACTING PRESIDENT BAILEY: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 57.
19 ACTING PRESIDENT BAILEY: So
20 ordered.
21 SENATOR GIANARIS: I now move that
22 Assembly Bill 2873A be recommitted to the
23 Committee on Investigations and Government
24 Operations and the Senate bill be restored to the
25 order of Third Reading Calendar.
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1 ACTING PRESIDENT BAILEY: So
2 ordered.
3 SENATOR GIANARIS: I offer the
4 following amendments.
5 ACTING PRESIDENT BAILEY: The
6 amendments are received, and the bill will retain
7 its place on the Third Reading Calendar.
8 SENATOR GIANARIS: I also have
9 amendments to the following Third Reading
10 Calendar bills.
11 By Senator Myrie, page 16, Calendar
12 Number 462, Senate Print 5268;
13 Senator Parker, page 24, Calendar
14 Number 667, Senate Print 5974;
15 Senator Kavanagh, page 28, Calendar
16 Number 746, Senate Print 2943A;
17 Senator Kavanagh, page 29, Calendar
18 Number 747, Senate Print 2980B;
19 Senator Persaud, page 31, Calendar
20 Number 776, Senate Print 6424A;
21 Senator Liu, page 36, Calendar
22 Number 845, Senate Print 3252;
23 Senator Addabbo, page 37, Calendar
24 Number 863, Senate Print 2163A;
25 Senator Gianaris, page 49, Calendar
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1 Number 981, Senate Print 448A;
2 Senator Sanders, page 51, Calendar
3 Number 998, Senate Print 1731B;
4 Senator Parker, page 9, Calendar
5 Number 237, Senate Print 2935B;
6 Senator Kavanagh, page 33, Calendar
7 Number 815, Senate Print 643B;
8 And Senator Ramos, page 49, Calendar
9 Number 982, Senate Print 1803.
10 ACTING PRESIDENT BAILEY: Those
11 amendments are received, and those respective
12 bills will retain their place on the
13 Third Reading Calendar.
14 Senator Gianaris.
15 SENATOR GIANARIS: By unanimous
16 consent, I wish to call up the following bills,
17 which were recalled from the Assembly and are now
18 at the desk:
19 Senate Print Numbers 1873, 1733,
20 209, 208, and 5036.
21 ACTING PRESIDENT BAILEY: The
22 Secretary will read.
23 THE SECRETARY: Calendar Number
24 181, Senate Print 1873, by Senator Webb, an act
25 to amend the Executive Law;
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1 Calendar Number 196, Senate Print
2 1733, by Senator Mayer, an act to amend the
3 Education Law;
4 Calendar Number 401, Senate Print
5 209, by Senator Cleare, an act to amend the
6 Education Law;
7 Calendar Number 430, Senate Print
8 208, by Senator Cleare, an act to amend the State
9 Technology Law;
10 Calendar Number 516, Senate Print
11 5036, by Senator May, an act to amend the
12 Education Law.
13 SENATOR GIANARIS: I move to
14 reconsider the vote by which these bills were
15 passed.
16 ACTING PRESIDENT BAILEY: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 57.
20 ACTING PRESIDENT BAILEY: Those
21 bills are restored to their places on the Third
22 Reading Calendar.
23 SENATOR GIANARIS: I now offer the
24 following amendments.
25 ACTING PRESIDENT BAILEY: The
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1 amendments are received, and those bills will
2 retain their places on the Third Reading
3 Calendar.
4 SENATOR GIANARIS: Please recognize
5 Senator Lanza.
6 ACTING PRESIDENT BAILEY: Senator
7 Lanza.
8 SENATOR LANZA: Mr. President,
9 amendments are offered to the following Third
10 Reading Calendar bills:
11 On behalf of Senator Palumbo,
12 page 11, Calendar Number 306, Senate Print 2500;
13 And Senator Helming, page 40,
14 Calendar Number 894, Senate Print 3444.
15 Mr. President, I now move that these
16 bills retain their place on the order of third
17 reading.
18 ACTING PRESIDENT BAILEY: The
19 amendments are received, and the bills will
20 retain their place on the Third Reading Calendar.
21 Senator Gianaris.
22 SENATOR GIANARIS: Okay,
23 Mr. President. Just to give members a sense of
24 what we're going to do today, in addition to the
25 calendar, before the calendar, we have numerous
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1 resolutions and introductions. We're going to
2 take a couple of the introductions up right away
3 because there are people who are on a time
4 sensitivity. But we are then going to
5 simultaneously have Rules and resolutions.
6 So let me begin by taking the
7 privilege of introducing someone who sat in the
8 chair -- well, not the actual chair, but at this
9 desk, for many years, who is up -- a friend of
10 Senator Krueger's, I know; they've gone back and
11 forth throughout the years.
12 But please welcome former Senator
13 John DeFrancisco here back to the chamber.
14 (Standing ovation.)
15 ACTING PRESIDENT BAILEY: Senator
16 Gianaris.
17 SENATOR GIANARIS: And now we'll
18 recognize Senator Skoufis for a quick
19 introduction.
20 ACTING PRESIDENT BAILEY: Senator
21 Skoufis for the purposes of an introduction.
22 SENATOR SKOUFIS: Thank you very
23 much, Mr. President.
24 And thank you to our deputy leader
25 for accommodating my guests' schedule today.
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1 I rise, as I have each year since
2 COVID, at least, to recognize the valedictorians
3 and salutatorians from the, in this case, 13 high
4 schools from throughout the 42nd Senate District.
5 If all my colleagues were wondering what that
6 extra energy in the room was here today, it's the
7 brain power that's emanating from the gallery
8 behind me.
9 And I want to specifically
10 acknowledge the guests who are here, and they
11 include valedictorians and salutatorians
12 Karina Liba; Morgan Gagnon; Parker Givens;
13 Serena Yeddu; Ana Loter; Jeremy Stoll;
14 Chloe Gilland; Lilian Bentley; Austin Baringer;
15 Juliana Speckenbach; Kory Dixon;
16 Madeline Williams; Jamie Calub; Colby Zupetz;
17 Rebecca Magnetico; Zachery Imhoff;
18 Joseph Santiago; Timothy Raines; Trevor Stevens;
19 Thomas Kanz; and Jacqueline Brienza.
20 And of course no one could get to
21 that status, that level of success on their own
22 as they move through their educational career,
23 and so I also want to acknowledge all the parents
24 and the faculty members who join them and that
25 have certainly helped them along to get to this
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1 point in their graduation.
2 Whether they move to work or travel
3 or the military or college, I know that there are
4 great things ahead in their future. And so I ask
5 you, Mr. President, if you can afford them all of
6 the warmest welcomes and wish them well as they
7 move forward, certainly today as they enjoy the
8 Senate and take in the Capitol and some of our
9 proceedings, but more importantly as they move
10 forward.
11 And I want to thank them again for
12 visiting, and their parents and their faculty.
13 ACTING PRESIDENT BAILEY: To our
14 academic achievers, we welcome you on behalf of
15 the Senate. We extend to you the privileges and
16 courtesies of this house.
17 Please rise and be recognized.
18 (Standing ovation.)
19 ACTING PRESIDENT BAILEY: Senator
20 Gianaris.
21 SENATOR GIANARIS: As I mentioned,
22 Mr. President, we're going to now call an
23 immediate meeting of the Rules Committee in
24 Room 332, and then simultaneously take up
25 resolutions, beginning with previously adopted
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1 Resolution 1002, by Senator Chu. We'll have that
2 resolution's title read and recognize Senator Chu
3 to speak on the resolution.
4 ACTING PRESIDENT BAILEY: So first
5 there will be an immediate meeting of the
6 Rules Committee in Room 332.
7 The Secretary will read the
8 resolution.
9 THE SECRETARY: Senate Resolution
10 1002, by Senator Chu, memorializing
11 Governor Kathy Hochul to proclaim May 2023 as
12 Asian American Pacific Islander Heritage Month in
13 the State of New York.
14 ACTING PRESIDENT BAILEY: Senator
15 Chu on the resolution.
16 SENATOR CHU: Thank you,
17 Mr. President.
18 Today I rise to celebrate the month
19 of May as AAPI, Asian American Pacific Islander
20 Heritage Month.
21 I take great pride in my own
22 heritage, and I'm honored to represent
23 Asian Americans in my district and throughout the
24 state.
25 Asian and Pacific Islander Americans
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1 have contributed immensely to many sectors of our
2 lives. Many have fostered our nation's
3 successful businesses, while others have been
4 leaders in government, science, medicine, the
5 arts, our armed forces, education, and sports.
6 And many live in deep poverty and struggle every
7 single day.
8 As one of the fastest-growing
9 demographics, the AAPI people are a vastly
10 diverse population that cannot continue to be
11 seen as one particular stereotype. And this
12 resolution proclaiming May as AAPI Heritage Month
13 continues to reaffirm New York's commitment to
14 diversity and equal opportunities for all.
15 Today is absolutely a special day.
16 We have over 100 guests joining us in this
17 chamber, and I want to thank all of the
18 individuals who took the time out of the day and
19 came up to celebrate with us.
20 Today we have many community groups
21 such as CPC, UCA, PCR, Fuzhou Senior, NY Team Up
22 and Mahalla USA.
23 Joining them are constituents from
24 my district -- and for many of them, it is their
25 first time in Albany.
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1 This is just a small sample of
2 New Yorkers that we impact every day through the
3 policies that this Legislature enacts. These are
4 the faces and people that rely on this great body
5 to work for them in making the state a better and
6 more equitable space for all.
7 Now allow me to say a few words in
8 their language to welcome them. {In Chinese.}
9 Now, Mr. President, thank you for
10 allowing me to have this opportunity to speak on
11 this reso, and I would like to welcome our guests
12 and extend to them the privileges of the floor.
13 Thank you.
14 (Applause.)
15 ACTING PRESIDENT BAILEY: Thank
16 you, Senator Chu.
17 We will recognize guests at the
18 point -- this is a very popular resolution. We
19 want more people to speak on it.
20 Senator Liu on the resolution.
21 SENATOR LIU: Mr. President, thank
22 you for calling on me.
23 Let me thank Senator Iwen Chu, who
24 is a fast-rising star in her first year in the
25 State Senate, for sponsoring this important
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1 resolution. And I agree with everything that
2 Iwen has said already.
3 I will only add that Asian Pacific
4 Americans, you know, we've had a rough few years.
5 We never really had it easy. But these last few
6 years have been especially difficult with not
7 only a global pandemic but a secondary virus of
8 extreme anti-Asian hate. We've all seen it.
9 Most of us, if not everybody in this chamber, has
10 attended too many rallies against anti-Asian
11 hate.
12 And that anti-Asian hate comes
13 because in many ways Asian-Americans are still
14 invisible. People don't know much about
15 Asian-Americans. Two years ago there was a
16 survey at the height of the anti-Asian hate;
17 2,000 Americans were surveyed about
18 Asian Americans, asking them a simple question:
19 Can you name one Asian American?
20 Fifty-eight percent of these
21 2,000 Americans had no answer.
22 And the other 42 percent, the most
23 common answer was Jackie Chan. You know, his
24 movies are a little too goofy for my taste. But
25 Jackie Chan's okay -- but the guy's from
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1 Hong Kong.
2 And then the second-most popular
3 response was Bruce Lee. I actually love
4 Bruce Lee movies, but the guy's been dead for
5 30 years, rest his soul.
6 The point is that Asian Americans
7 are still too often and too extremely invisible,
8 which is why this resolution is so important.
9 Which is why it was very meaningful that we had a
10 celebration of Asian Pacific American Heritage
11 Month, the month of May, today in the LOB. I
12 thank all of our colleagues who were able to make
13 it. Plus the food wasn't bad, don't get me
14 wrong.
15 But it's important to recognize the
16 contribution of Asian Pacific Americans and to
17 make us more visible, including providing more
18 resources for our communities, the organizations
19 in our communities, to make people in our
20 communities less vulnerable to the anti-Asian
21 hate.
22 I thank my colleagues and the leader
23 for the 30 million -- historic $30 million
24 allocation in the State Budget this year to
25 provide the badly needed funds for these
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1 organizations.
2 And I also thank our leaders and our
3 colleagues here for their consideration of a bill
4 that would finally, at long last, include the
5 teaching of the Asian American experience in our
6 history and social studies classes across the
7 State of New York.
8 Mr. President, I proudly vote yes on
9 this resolution.
10 ACTING PRESIDENT BAILEY: Senator
11 Comrie on the resolution.
12 SENATOR COMRIE: Thank you,
13 Mr. President.
14 I rise to vote yes on this
15 resolution and to recognize the Asian American
16 Pacific Islander community and all of those that
17 have been responsible.
18 I just want to echo what my
19 colleagues said, that it's important that we
20 recognize in our state curriculum and state
21 opportunities to educate people about all of the
22 ethnicities within our state. And I hope that we
23 can make sure that that bill is passed also.
24 So I want to recognize the
25 Sikh community, who was also here, as you can see
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1 from my head wrap, today. They were giving --
2 doing head wraps on the third floor if anybody
3 was interested. I was honored to be able to have
4 my head wrapped by distinguished members of the
5 Sikh community today.
6 I vote aye on the resolution.
7 Thank you.
8 ACTING PRESIDENT BAILEY: Senator
9 Gounardes on the resolution.
10 SENATOR GOUNARDES: Thank you,
11 Mr. President.
12 I too rise to pay tribute to the
13 incredible and rich diversity of New York's AAPI
14 community.
15 I want to thank Senator Chu for the
16 resolution. I echo fully her comments as well as
17 Senator Liu's comments.
18 You know, the Asian-American
19 community is the fastest-growing community in the
20 borough that I call home, the borough of
21 Brooklyn. In the last decade we saw that
22 population in Brooklyn increase by 40 percent,
23 making it the fastest-growing group in the
24 largest would-be -- one of the largest cities in
25 this country.
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1 And as my colleagues have already
2 said, for far too many of us that community is
3 still invisible. Even though they live alongside
4 us, they live in our neighborhoods, ride our
5 trains, operate our stores, go to school with our
6 kids. And there's a reason why for many of us
7 they are invisible, and that's because for a long
8 time we have ignored their stories, we have
9 ignored their experiences. And not just because
10 of COVID and not just because of the wave of
11 Asian hate, but going back for decades, for
12 centuries, the history of exclusion and hatred
13 and bigotry towards Asian-Americans is
14 longstanding in this country.
15 But it's resolutions like this that
16 we often do on the floor, where we have a moment
17 to call attention to groups that have
18 historically been marginalized or forgotten, and
19 say to them that we have not forgotten, that we
20 will not forget you, and that we will do better
21 by you and by your communities.
22 Which is why funding like the
23 $30 million AAPI equity budget is so critically
24 important and why it's been a significant win in
25 this Legislature over the last couple of years to
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1 fund the groups and the programs that help
2 provide services to these communities.
3 I thank so many of the friends that
4 I recognize here from Brooklyn for joining us
5 here today. I hope you enjoy your time here in
6 the Capitol. And we look forward to continuing
7 to work with you and alongside you and the
8 communities that you serve and represent, so we
9 can make sure that all New Yorkers, regardless of
10 where they come from or when they came here, can
11 truly live here with dignity and respect.
12 With that, Mr. President, I proudly
13 vote aye.
14 ACTING PRESIDENT BAILEY: Senator
15 Ryan on the resolution.
16 SENATOR RYAN: Thank you,
17 Mr. President.
18 Thank you, Senator Chu, for bringing
19 this important resolution.
20 I rise today to recognize AAPI
21 Heritage Month. I spent part of the weekend at
22 the Buffalo Niagara Heritage Village celebrating
23 the Asian American Pacific Islander heritage
24 celebration. And it was a great day out in
25 Amherst, and we had people representing
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1 communities from Myanmar, Bangladesh, China,
2 India, so many other countries. And the
3 fastest-growing population in Buffalo, New York,
4 right now are Asian-Americans.
5 We had the first increase in our
6 census in both the city and the county in over
7 30 years. And if you dug into those numbers, the
8 new Americans coming into Western New York are
9 coming from Asia. The people coming in are
10 quickly integrating into the school districts,
11 entering leadership positions, opening
12 businesses.
13 So I had a great time yesterday at
14 the festival, and I look forward to more
15 festivals. But really we're very happy in
16 New York with the changes we've been making,
17 especially with the money we've put aside this
18 year for the AAPI hate crimes. We all know we've
19 seen a rise of hate crimes aimed specifically at
20 Asians. This money is going to be helpful. It's
21 going to be disseminated all around New York
22 State.
23 So thank you again, Senator Chu, for
24 bringing this important resolution, and I proudly
25 vote in the affirmative.
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1 ACTING PRESIDENT BAILEY: Senator
2 Thomas on the resolution.
3 SENATOR THOMAS: Thank you,
4 Mr. President.
5 I want to start off by saying ditto
6 to everything my colleagues have already said.
7 Thank you to Senator Chu and the OG,
8 Senator Liu, for everything that he has done as
9 one of the first Asian Americans to come up in
10 politics from New York City, as a City Council
11 member, to Comptroller, and now to State Senate.
12 We stand on your shoulders. And the
13 glass ceiling that we are breaking now is because
14 of everything that you've done in the past decade
15 or so.
16 We are one of the fastest-growing
17 communities here in New York. And we are no
18 longer sitting by and allowing us to be called
19 the model minority. Our numbers here have
20 actually increased in the Legislature. I still
21 remember back in 2019 when Senator Liu and I were
22 the first Asian Americans to set foot in this
23 chamber. And now we are joined by Senator Chu
24 and Senator Cooney.
25 And we will have more in this
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1 chamber going forward, because we are a community
2 that wants to do good in New York. And we want
3 to make New York better. And we've been able to
4 do that through other professions like, you know,
5 we have so many doctors and engineers, IT
6 professionals. And now we are in politics, to
7 make sure that our constituents have a better
8 life.
9 And I thank my colleagues for
10 showing up today at our annual festivities on the
11 third floor of the LOB. And we're going to
12 continue to do that, and we're going to grow in
13 numbers.
14 And thank you for bringing this
15 resolution. And thank you to all the guests that
16 showed up today as well.
17 I vote in the affirmative. Thank
18 you.
19 ACTING PRESIDENT BAILEY: Senator
20 Martins on the resolution.
21 SENATOR MARTINS: Thank you,
22 Mr. President.
23 I too rise to support the resolution
24 and thank the sponsor for having brought it to
25 the floor. I think we all join together today in
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1 opposing hate in all forms. And as we celebrate
2 Asian American and Pacific Islander heritage here
3 in New York State, we stand together in opposing
4 hate as it's been manifested against
5 Asian Americans and Pacific Islanders. And we've
6 seen it in our communities.
7 Just last week I had the privilege
8 of having Senator Liu in my district for a forum
9 that was organized in Great Neck, in one of our
10 parks, by two high school students that brought
11 the community together to discuss just this
12 issue.
13 So whether it's Great Neck in
14 Nassau County or Manhasset or Jericho or Syosset
15 or Plainview or New Hyde Park, Mr. President, the
16 Asian community is not only growing, it's an
17 integral part of our local communities. And the
18 success that they have had is something that we
19 should all stand, frankly, and acknowledge.
20 But it's just beyond words. I think
21 we have a responsibility here on the floor of the
22 Senate to make sure that as we go forward and we
23 discuss issues like standards, goals, anti-Asian
24 hate, we have to make sure that the policies that
25 we support here on the floor actually honor the
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1 words that we also have here and that are
2 included in this resolution.
3 You know, all too often we find
4 great success, academic success, in the
5 Asian American community in our local
6 communities, and that success has led to great
7 success not only in Ivy League schools and highly
8 ranked colleges across the country, but more and
9 more, Mr. President, we find that institutions of
10 higher learning having actually placed quotas
11 when it comes to entrance to these institutions
12 of higher learning, based not on academic
13 achievement but based on racial background.
14 Mr. President, I would argue that
15 there's no place for that anywhere in this
16 country, certainly not in this chamber or in this
17 state. And as long as we stand together, both
18 sides of the aisle, against such policies, I
19 think we send a clear message to the
20 Asian-American community throughout New York
21 State that yes, if you work hard, if your
22 children work hard, if they achieve academically,
23 they can go anywhere they want in the country
24 without fear that someone's going to pin an
25 artificial restraint on their ability to succeed,
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1 Mr. President.
2 I think that's what we're called on
3 to do. Policies like that, based on achievement
4 and not based on race or singling out any single
5 group.
6 So I proudly stand and vote aye and
7 encourage that as we go forward throughout the
8 year, and in the remainder of this session, we
9 keep these thoughts in mind.
10 Thank you, Mr. President.
11 ACTING PRESIDENT BAILEY: Senator
12 Jackson on the resolution.
13 SENATOR JACKSON: Thank you,
14 Mr. President.
15 And my colleagues, I rise to support
16 the resolution celebrating Asian American Pacific
17 Islanders Month.
18 And let me just thank my colleagues
19 Senator Chu, Senator Liu and others,
20 Senator Thomas, for diversifying our chambers.
21 I came into the chambers in January
22 2019 from the City Council, and John Liu and I,
23 we came into the City Council together. And we
24 said that we had one and a half Asians in the
25 City Council. And you would say, Well, where is
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1 that at? You're not Asian. My dad was Chinese,
2 Eddie York Chu. And so people said, Well, you
3 don't look like him. I said, That's my dad,
4 whether I look like him or not.
5 And so I say to all of you, don't
6 judge a book by its cover. Read it. Get to know
7 it. And thus if you know about the
8 Asian Americans Pacific Islanders, as my
9 colleagues have said, this is the growing
10 population in the New York City metropolitan
11 area, and people that are working hard in order
12 to ensure that their families are successful,
13 their kids get a good education. And that's what
14 life is about.
15 So to my colleagues and all of the
16 visitors, let me say this to you.
17 Congratulations. Senator Chu, Senator Liu,
18 Kevin Thomas, and all others involved in this
19 resolution. I vote aye.
20 ACTING PRESIDENT BAILEY: While our
21 guests had to depart, unfortunately, we would
22 like to take a moment to recognize them. So
23 please rise and recognize our guests in absentia.
24 (Standing ovation.)
25 ACTING PRESIDENT BAILEY: Senator
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1 Gianaris.
2 SENATOR GIANARIS: Next up,
3 Mr. President, we're going to take up two
4 previously adopted resolutions together,
5 previously adopted Resolution 726 and previously
6 adopted Resolution 727, both by Senator Borrello,
7 read their titles, and recognize Senator Borrello
8 to speak on both resolutions simultaneously.
9 ACTING PRESIDENT BAILEY: The
10 Secretary will read.
11 THE SECRETARY: Senate Resolution
12 726, by Senator Borrello, commending
13 Lidia Matticchio Bastianich upon the occasion of
14 her designation as the 2023 Italian American of
15 the Year by the New York Conference of
16 Italian American State Legislators.
17 Senate Resolution 727, by
18 Senator Borrello, memorializing
19 Governor Kathy Hochul to proclaim May 22, 2023,
20 as Italian American Day in the State of New York.
21 ACTING PRESIDENT BAILEY: Senator
22 Borrello on the resolutions.
23 SENATOR BORRELLO: Buongiorno,
24 Mr. President. Thank you very much. Thank you
25 for stopping by today.
4155
1 Today it is an honor for me, as the
2 president of the New York Conference of Italian
3 American State Legislators, to declare today,
4 May 22, 2023, as Italian American Day here in
5 New York State.
6 For five decades this conference has
7 celebrated the tradition of our Italian American
8 heritage and the success it has had in our state
9 and nation. With approximately 3 million
10 residents of Italian heritage -- the most of any
11 state in the nation -- the history and culture of
12 New York State has been enriched by the
13 contributions of Italian Americans.
14 As part of this celebration, we
15 recognize an individual whose contributions have
16 enriched the Italian American legacy and
17 benefited our state and our nation. This year's
18 honoree is Lidia Bastianich, an Emmy award-
19 winning public television host, best-selling
20 cookbook author and successful restaurateur who
21 shares her passion for cooking with millions, and
22 whose personal story is inspiring.
23 As a child, Lidia Bastianich's
24 family lived in Istria, which is a part of Italy.
25 After World War II it became part of
4156
1 Communist Yugoslavia. Lidia and her family fled
2 in order to escape Communist rule. She and her
3 family ended up spending two years in a refugee
4 camp before finally securing a visa to come to
5 America in 1958, where they settled in Queens.
6 She opened her first restaurant in
7 Queens at the age of 24, and within a few short
8 years was at the forefront of the New York
9 culinary scene.
10 Over the years she's expanded her
11 restaurant empire, partnering with her children
12 and other respected chefs to open multiple
13 successful restaurants across the United States.
14 She started her own television
15 series on PBS, which became "Lidia's Italian
16 Table." Since then she has hosted additional
17 public television series, including "Lidia's
18 Family Table," "Lidia's Italy," "Lidia's Italy in
19 America," and "Lidia's Kitchen."
20 She's the author of a memoir, My
21 American Dream: A Life of Love, Family and Food.
22 And she's published numerous cookbooks coauthored
23 with her daughter, Tanya.
24 In addition to her television show
25 and books, Lidia is both a restaurateur and
4157
1 partner in Eataly, the largest Italian
2 marketplace in the world. If anyone's ever been
3 there, it's an amazing place.
4 Lidia is an inspiration and example
5 of Italian Americans whose lives and careers have
6 helped enrich the Italian American legacy. She
7 is truly extraordinary. And she is our
8 Italian American of the Year honoree, and we are
9 privileged to have her here with us today.
10 She's also here today with her
11 family friend and fellow restaurateur and
12 business partner Angelo Vivolo, who along with
13 Lidia can claim to have cooked for two popes --
14 Pope Francis in 2015 and Pope Benedict in 2008,
15 during their visits to New York.
16 We are honored to have them join us
17 in the Senate chamber today.
18 ACTING PRESIDENT BAILEY: Thank
19 you, Senator Borrello.
20 Senator Scarcella-Spanton on the
21 resolution.
22 SENATOR SCARCELLA-SPANTON: Thank
23 you, Mr. President.
24 I am so excited to rise to support
25 today's resolution honoring Italian American Day
4158
1 in New York State.
2 I wanted to thank Senator Borrello
3 for all his work to designate May 22nd as Italian
4 American Day, and I would also like to thank my
5 colleagues in the Conference of Italian American
6 State Legislators for hosting the
7 Italian American Day Mulberry Street Fair and all
8 of today's amazing food and festivities.
9 As my last name suggests, I am
10 indeed Italian -- shocking to probably nobody --
11 and I represent some of the most rich Italian
12 neighborhoods in the entire state and the entire
13 country.
14 I am actually thinking a lot today
15 about my childhood growing up. My
16 great-grandparents came over from Italy to
17 Hazleton, Pennsylvania, where my dad is from, and
18 they opened up a storefront in the house that
19 they lived in. So growing up I can think of the
20 Italian sauce cooking in their house, I think of
21 the pizzelles, and most importantly I think of my
22 dad, Michael Scarcella, who was a proud Italian
23 American. He ended up leaving Hazleton,
24 Pennsylvania. He went to school at NYU. He was
25 a public education teacher teaching seventh-grade
4159
1 social studies for many, many years. And I am
2 proud to stand here today as his daughter.
3 And I just want to say thank you for
4 this resolution, and I proudly vote aye.
5 Thank you.
6 ACTING PRESIDENT BAILEY: Senator
7 Harckham on the resolution.
8 SENATOR HARCKHAM: Thank you very
9 much, Mr. President.
10 First, I want to thank
11 Senator Borrello for this resolution and for
12 hosting all of the festivities today.
13 Like many of us, I've met a lot of
14 people in this career of public service. I've
15 met presidents, I've met U.S. senators, I've met
16 governors, and my daughters have always been very
17 jaded. But when I sent my daughters a selfie I
18 took with Lidia today, I was suddenly cool and
19 relevant again.
20 (Laughter.)
21 SENATOR HARCKHAM: So I thank you
22 for that, and we honor you. It's great to see
23 you.
24 Why is the guy with the WASP-y last
25 name standing for an Italian American heritage
4160
1 resolution? Well, my grandmother, Michelina
2 Gattuso, came from Sicily right after
3 World War I. And she came to this country and --
4 with her family, with nothing. They came because
5 of the poverty and the famine after World War I.
6 And they came and they got here, and she found
7 work as a seamstress down in the Garment District
8 at age 16. And then in the Depression, they
9 lived together as one -- all the large extended
10 families came together, and that's how they got
11 by.
12 And the other thing I want to add.
13 I want to thank Senator Chu for her resolution,
14 because my life partner is Korean. And very
15 similar circumstances -- she was born shortly
16 after the Korean War in great famine and great
17 poverty, and eventually found her way to the
18 United States seeking opportunity as well.
19 So the theme is we all come from
20 somewhere. Three of my four grandparents are
21 immigrants. And it's that spirit and energy and
22 hard work and ethos that constantly reignites the
23 passion of what it means to be an American, what
24 our economy can achieve.
25 And so I'm proud to vote aye on both
4161
1 of the resolutions because this is really the
2 heart of who New York is.
3 Thank you, Mr. President.
4 ACTING PRESIDENT BAILEY: We'll go
5 back to Senator Borrello.
6 SENATOR BORRELLO: Thank you,
7 Mr. President.
8 It's a big day here, and the
9 conference, the Italian American Conference is
10 very proud to have others in here today. We
11 have -- as part of our program we raised money to
12 provide scholarships. We have four winners that
13 were taken from across New York State. Three of
14 them are over in the Assembly, but I'm proud to
15 say that one is here today, and actually from my
16 district.
17 Jack DeRose is a senior at
18 Olean High School. He's earned High Honor Roll
19 throughout his high school career and received
20 the Scholar Athlete Award for his achievements on
21 the varsity basketball and cross-country teams.
22 He volunteers in the community at
23 the St. John's Church yearly Italian Festival; at
24 the Coaches versus Cancer and Golf to Fight
25 Cancer fundraisers; the Olean Warming House soup
4162
1 kitchen, and the Salvation Army. And although
2 it's not a requirement to be an Italian American,
3 I'm proud to say Jack is a fourth-generation
4 Italian American.
5 He will be attending St. Bonaventure
6 University in the fall, majoring in business and
7 finance. He's here with his parents, Mike and
8 Melissa DeRose, and his grandparents, Richard and
9 Susan Law and Rita DeRose. I'd like to extend
10 warm congratulations to them as well.
11 And also, in addition to that, we
12 have another distinguished group here. It is the
13 Lieutenant Detective Joseph Petrosino Association
14 of America. Here with us is Bob Fonti, the
15 president; Joseph Scelsa, the honorary chairman;
16 Carol D'auria, the honorary chairwoman; Anthony
17 Bonomo; Ronny Stern; and John Schneidawin.
18 So thank you all for being here.
19 ACTING PRESIDENT BAILEY: Thank
20 you, Senator Borrello.
21 Senator Mattera on the resolution.
22 SENATOR MATTERA: Thank you,
23 Mr. President.
24 This is a very proud day for me and
25 all Italian Americans. And I just want to thank
4163
1 Senator Borrello for bringing this forward for
2 May 22nd to be Italian American Day.
3 You know, for me, you know, to be an
4 Italian American is something special because
5 it's family values that was brought to me,
6 especially having people to come to my home and
7 have an open home, especially being with Italians
8 and having all kinds of food and sitting there
9 and, you know, talking about family. Because
10 like I always say, without family we don't have
11 anything.
12 You know, Senator Borrello mentioned
13 somebody that's up in here, up in the chamber is
14 a gentleman named Robert Fonti. And there's
15 somebody that is a mentor to me, it's somebody
16 that always -- is always in my kitchen cabinet,
17 that will always be there to give a helping hand
18 to everybody.
19 And that's what I was brought up, to
20 make sure I was going to be giving a helping
21 hand, and even as being a union leader and to
22 make sure that there's jobs for people. It is
23 the biggest high in my life to help people. And
24 I know that was brought out from me being an
25 Italian American.
4164
1 You know, I was very proud when
2 Bob Fonti came up to me and wanted me actually to
3 be the Golden Lion Labor Leader of the Year in
4 2019. And it was something that was very
5 special, for my family to be there to witness
6 such a beautiful event. And I will just never,
7 ever forget that. And I thank you, Bob, for
8 always, always being there.
9 You know, something that's proud
10 also too is the Columbus Day Parade. I make sure
11 that it's something special that my family --
12 that we are there, to make sure that we are
13 walking in the Columbus Day Parade. I'm very
14 proud in 1937 our president, Franklin Delano
15 Roosevelt, came forward to make it a national
16 holiday, Columbus Day. And for all Italian
17 Americans, it means a lot.
18 And one thing I want to mention is
19 that my wife Terry, Lidia, I got to say, was so
20 happy when I showed her the photo of you and I
21 together, she goes, "Please, tell her I have
22 every one of her cookbooks."
23 And I married, Lidia, a German-Irish
24 girl. I remember there was one time, there she
25 was, she made a lasagna and I went, "There's
4165
1 Ragu." I go, "That's store-bought. Come on, we
2 definitely got to fix this." And I got to tell
3 you something. One thing that my beautiful wife
4 Terry, being of German-Irish background, I got to
5 say one thing: She is an amazing, amazing cook.
6 And one thing I got to say, Lidia, is from your
7 recipes.
8 So it's just great to be here today.
9 This is a very, very important day to all Italian
10 Americans. And Mr. President, I am proud to be
11 voting yes on this resolution for Italian
12 American Day.
13 Thank you.
14 ACTING PRESIDENT BAILEY: To all of
15 our guests today, we welcome you on behalf of the
16 Senate. We extend to you all of the privileges
17 and courtesies of this house.
18 Please rise and be recognized.
19 (Standing ovation.)
20 ACTING PRESIDENT BAILEY: These
21 resolutions were previously adopted on
22 April 18th.
23 And to go back to previous
24 Resolution 1002, by Senator Chu, that was
25 previously adopted on May 16th.
4166
1 Senator Gianaris.
2 SENATOR GIANARIS: Next up is
3 previously adopted Resolution 732, by
4 Senator Persaud. Please read its title and
5 recognize Senator Persaud.
6 ACTING PRESIDENT BAILEY: The
7 Secretary will read.
8 THE SECRETARY: Senate Resolution
9 732, by Senator Persaud, memorializing
10 Governor Kathy Hochul to proclaim May 22-28,
11 2023, as Period Poverty Awareness Week in the
12 State of New York.
13 ACTING PRESIDENT BAILEY: Senator
14 Persaud on the resolution.
15 SENATOR PERSAUD: Thank you,
16 Mr. President.
17 Period Poverty Awareness Week is
18 May 22nd through 28th. And on this floor I want
19 to make sure everyone understands the importance
20 of having a conversation about period poverty.
21 The Alliance for Period Supplies
22 created Period Poverty Awareness Week to draw
23 attention to the issue of period poverty and the
24 negative impact that it has on people who
25 menstruate.
4167
1 Period poverty can be defined as a
2 lack of access to menstrual products, education,
3 hygiene facilities, and the list goes on.
4 According to the Global Menstrual
5 Collective, menstrual health is a state of
6 complete physical, mental and social well-being,
7 and not merely the absence of disease or infir --
8 yes? Sorry, everybody looked up. That's it.
9 Nearly half of the world's
10 population will experience menstruation at some
11 point --
12 ACTING PRESIDENT BAILEY: A little
13 bit of order -- excuse me, Senator Persaud. A
14 little -- a little -- a little bit of order,
15 please. Thank you.
16 Thank you, Senator Persaud.
17 SENATOR PERSAUD: Thank you.
18 Nearly half of the world's
19 population will experience menstruation at some
20 point, proving that period poverty is a global
21 issue that is constantly affecting people.
22 People in the United States and
23 around the world are affected by period poverty,
24 but certain populations are affected at a
25 disproportionate level. Internationally, people
4168
1 who menstruate and who have low or no income are
2 most likely to face period poverty. In the
3 United States, homeless people, low-income
4 people, and those in -- some people who are
5 imprisoned.
6 And a few years ago we fought on
7 this floor to ensure that our prison population
8 has access to menstrual products. Think about
9 it. People who are in our prison system were not
10 able to access products that are desperately
11 needed. And if they were, they had to pay for
12 them, a price that they could not afford. And so
13 we had women who were incarcerated being infected
14 with all kinds of diseases because of the
15 unhygienic lifestyle that they had to endure.
16 So this week as we are talking about
17 period poverty, bringing the awareness to it, we
18 have partnered in our communities to ensure that
19 we are educating everyone to the plight of those
20 who are unable to afford the products that are
21 needed.
22 We are highlighting young girls who
23 are in their classrooms who tell us they'll sit
24 in a chair all day and not move because they know
25 if they get up from that chair they'll be
4169
1 embarrassed because they did not have the
2 opportunity or the access to the products that
3 they needed to make sure that they are healthy
4 and they're clean.
5 Young girls who will sit there, wrap
6 a sweater around their waist so that they can
7 leave the classroom and walk out and head home,
8 who cannot participate in activities during
9 school or after school because of the shame that
10 they carry with them during those days that they
11 need menstrual products and they have no access
12 to them.
13 Young girls, young women, young
14 people -- everyone who's menstruating -- who have
15 to make the choice, do I go into the store and
16 buy these products and use it sparingly, or do I
17 use the money that I have to pay for
18 transportation to get me to school or to pay for
19 food?
20 Those are the choices people make in
21 this country. In this country. We walk and we
22 talk about the greatness of our country, but
23 basic needs are not met for people who are
24 menstruating.
25 You know, research has shown that
4170
1 such deprivation extracts a heavy toll on
2 education, income, physical and mental health.
3 And we have to change that. So a number of us
4 receive grants from organizations to have info
5 sessions and to distribute products in our
6 communities, products that tells everyone, let us
7 end the stigma, let us end period poverty, let us
8 end the nonsense that it is.
9 You know, when we talk about period
10 poverty, it affects all of us. Every person in
11 this room, every person across our communities
12 has someone in their household, someone who's a
13 friend, someone -- a relative -- who needs these
14 products. Let's have those open conversations so
15 that it's easy access to the products.
16 We are going to be distributing in
17 our community products this weekend, multiple
18 days this week, and then we're also hosting a
19 webinar, Some of my colleagues will be on that
20 webinar, where we'll be highlighting the
21 injustices that people who menstruate face on a
22 daily basis, just for the multiple days that they
23 have -- they need to endure, again, without
24 having the products.
25 So I encourage all of you to join
4171
1 the conversation. Join us on our webinar. You
2 don't have to come and speak. Just listen,
3 listen to the stories of young -- particularly
4 young girls and see how do you feel after you
5 hear their story? How do you feel?
6 How would you feel if you were in a
7 store -- I was in one of my pharmacies one day,
8 and a young woman came in with an older woman who
9 happened to be her advisor in school, because she
10 wanted some period products. And she's
11 explaining to her that she couldn't afford it.
12 So the teacher brought her into the pharmacy and
13 told her, "Go ahead, buy it." So we happened to
14 be in the store having this conversation. She
15 said, "Go ahead, I'll buy it for you." And she
16 said, "Are you sure?"
17 A young girl should not have to go
18 through that. Let's have that open conversation.
19 And let's make it all of our responsibility to
20 ensure that these products are available and
21 accessible to everyone who is in need.
22 So to my colleagues, again, please
23 join us in the conversation so that we can end
24 period poverty -- not just across our State of
25 New York, but across the entire country, and
4172
1 let's have the world looking at us and saying,
2 Yes, you know, it is our collective
3 responsibility to end this madness of period
4 poverty across the world.
5 So to all of my colleagues, again, I
6 implore you, join us in this fight. Join us in
7 this fight. It's not just a fight that women
8 should take on. It's a fight that everyone
9 should take on, because it affects our entire
10 community. So join us.
11 Mr. President, I vote aye.
12 Thank you.
13 ACTING PRESIDENT BAILEY: Thank
14 you, Senator Persaud.
15 Senator Webb on the resolution.
16 SENATOR WEBB: Thank you,
17 Mr. President.
18 I rise to lend my support to this
19 important resolution.
20 I want to thank Senator Persaud for
21 her continued leadership on many issues, but on
22 this issue in particular as it pertains to the
23 resolution proclaiming May 22nd to the 28th as
24 Period Poverty Awareness Week in the State of
25 New York.
4173
1 I think it is important, and as
2 Senator Persaud already alluded to, that we
3 continue to raise awareness on this bodily
4 function because there are so many stigmas still
5 to this day around it. And in fact, those
6 stigmas are being discussed as potential policies
7 from the standpoint of banning conversations
8 about periods. There was an article lifting up
9 in Florida, they are discussing banning periods,
10 a bill potentially being coined as "Don't Say
11 Period."
12 And so I find that to be ironic
13 because some of the sentiments around it is that
14 it makes people uncomfortable to talk about it.
15 And periods are actually uncomfortable to
16 experience, for anyone who's ever experienced it.
17 And at the same time, we as a state, as a
18 country, as a community, we have to become
19 comfortable and committed to ensuring that people
20 have dignity but also remove barriers to have
21 access to this important resource.
22 As has been said, it impacts women
23 and girls across our state in great numbers. And
24 I just want to share some very quick highlights
25 in terms of statistics on women and girls who are
4174
1 impacted by period poverty.
2 In New York, one in six women and
3 girls between the ages of 12 and 44 live below
4 the federal poverty line. Menstrual products are
5 not covered under Medicaid, although in New York
6 15 percent of Medicaid recipients are women of
7 reproductive age, ages 15 to 49, and 46 percent
8 of all births in New York are to mothers
9 receiving Medicaid benefits. One in three
10 low-income women miss work, school and outings
11 due to a lack of period supplies. One in 14 in
12 the U.S. miss class due to lack of access to
13 period supplies in New York. And 65 percent of
14 female students in Grades 7 through 12 who attend
15 public schools are also impacted by this.
16 As I said before, and as Senator
17 Persaud eloquently alluded to, period supplies
18 are a necessity, and they should not, in this
19 year or any year, be a barrier as it pertains to
20 having access.
21 It is important that we continue to
22 put things in place to not only expand awareness
23 but expand access to resources. And as the chair
24 of Women's Issues, I am proud to support the work
25 that we are doing in this chamber to end period
4175
1 stigmatization and to ensure that period supplies
2 are accessible for all New Yorkers.
3 This is about health equity and
4 ending the financial burden that comes with
5 period poverty.
6 I proudly vote aye. And again, I
7 want to thank Senator Persaud for her work on
8 this important resolution and this effort.
9 Thank you.
10 ACTING PRESIDENT BAILEY: Thank
11 you, Senator Webb.
12 The resolution was previously
13 adopted on April 18th.
14 Senator Gianaris.
15 SENATOR GIANARIS: Now can we
16 please take up previously adopted Resolution 992,
17 by Senator Hinchey, read that resolution's title
18 and recognize Senator Hinchey.
19 ACTING PRESIDENT BAILEY: The
20 Secretary will read.
21 THE SECRETARY: Senate
22 Resolution 992, by Senator Hinchey, memorializing
23 Governor Kathy Hochul to proclaim September 24th
24 to October 1, 2023, as Frontotemporal
25 Degeneration Awareness Week in the State of
4176
1 New York.
2 ACTING PRESIDENT BAILEY: Senator
3 Hinchey on the resolution.
4 SENATOR HINCHEY: Thank you,
5 Mr. President.
6 The fight to bring FTD to the
7 forefront of public awareness and to our policy
8 discussions in the State Legislature is a
9 personal one to me. As many of you know, my
10 father passed away in 2017 from primary
11 progressive aphasia and Parkinsonian syndrome,
12 two portions of FTD, or frontotemporal
13 degeneration.
14 Our story started with a
15 misdiagnosis and an unrelenting partner in my
16 mother, who wouldn't quit until we found answers.
17 She and I together became primary and secondary
18 caregivers, two roles that we never thought we
19 would take on.
20 And I have to mention it's an honor
21 that this resolution is coming to the floor
22 today, as today marks 46 years since the day my
23 parents met.
24 Another member of this body who lost
25 a loved one to FTD is Senator Cooney, who has
4177
1 spoken on this resolution before. He lost his
2 mother, Anne Cooney, to this insidious disease.
3 Anyone who has watched a family
4 member suffer through this degenerative brain
5 disease understands the heartbreak, the
6 frustration of missed diagnosis, the challenge of
7 finding affordable long-term care, even just
8 long-term care, and the need for quality
9 information to help people prepare for every
10 stage of this disease.
11 For those who aren't familiar, FTD
12 is actually the most common form of dementia for
13 people under the age of 60, and yet it's one of
14 the least understood. Instead of striking
15 memory, FTD causes irreversible damage to the
16 frontal and temporal lobes of the brain, bringing
17 changes and challenges to personality, behavior
18 and language.
19 Because most doctors aren't familiar
20 with FTD, this disease is often misdiagnosed as
21 Alzheimer's or often even a mental illness. On
22 average, it takes nearly four years to get a
23 person an accurate diagnosis. Usually striking
24 people in their 40s to 60s, this disease
25 represents roughly five to 15 percent of all
4178
1 dementia cases, and it is estimated to affect
2 between 50,000 and 60,000 people in the
3 United States today.
4 FTD's economic burden is also twice
5 as much as Alzheimer's, causing serious hardship
6 for families who often have to take on a
7 caregiving role and leaving the workforce at a
8 time when they're really earning probably the
9 most amount of money in those peak earning years.
10 One of the reasons we don't have
11 hard facts on this is because we do not track the
12 data. And that's something that I believe we, as
13 a state and a country, have a need to do and
14 something that we'll be working on in the future.
15 We need increased awareness to help
16 people and their families understand what they're
17 up against, and to encourage a stronger
18 understanding of FTD in our medical community.
19 When my father was first diagnosed,
20 the Association of Frontotemporal Degeneration,
21 or AFTD, was an extraordinary resource for my
22 family. When you're in that situation, you look
23 for support and you look for people who can help
24 you, who can rally around you, who can give you
25 the answers that you need so that you can prepare
4179
1 and so you can provide the best quality of life
2 for your loved ones and know what you're up
3 against.
4 I'd like to take this moment to
5 recognize some incredible advocates from AFTD who
6 are here with us today. We have AFTD's Executive
7 Director Susan Dickinson; Advocacy Manager
8 Matt Sharp; Board Member Kathy Newhouse Mele;
9 AFTD Volunteer Nancy Cummings, who is also the
10 director of the Alzheimer's Center at Albany Med;
11 and Mike Basla, an AFTD volunteer and advocate.
12 And I'd be remiss if I did not
13 mention that both Mike Basla and Kathy Mele have
14 experienced this hardship firsthand, losing loved
15 ones in their lives, and my heart goes out to
16 you. I thank you all for what you do in
17 promoting what we need to do in the -- to promote
18 FTD and raise awareness of this horrible disease.
19 Many of you also might -- this might
20 sound familiar to many of you, as it's been in
21 the news lately. This -- FTD is actually the
22 disease that Bruce Willis has, and I want to take
23 a moment to thank Emma Willis, his wife, who
24 announced this publicly, raising so much more
25 awareness for this disease and helping catapult
4180
1 it to the forefront of our national attention.
2 It's this type of awareness that we
3 need to make sure that we can not only find a
4 cure, but we allocate more money and more
5 research dollars so that no one else has to go
6 through this alone.
7 In 2021 I brought the fight for FTD
8 to the Senate floor, sponsoring a resolution
9 recognizing FTD Awareness Week for the first time
10 in the State of New York. And today we continue
11 that fight until we find a cure. Thank you so
12 much to all of my colleagues for your support of
13 this resolution. Thank you to AFTD and to all of
14 the advocacy and volunteer members across the
15 state for the work that you do.
16 For that, I vote aye. Thank you.
17 ACTING PRESIDENT BAILEY: Thank
18 you, Senator Hinchey.
19 To our guests, I welcome you on
20 behalf of the Senate. We extend to you the
21 privileges and courtesies of this house.
22 Please rise and be recognized.
23 (Standing ovation.)
24 ACTING PRESIDENT BAILEY: That
25 resolution was previously adopted on May 16th.
4181
1 Senator Gianaris.
2 SENATOR GIANARIS: Mr. President,
3 all of the sponsors of today's resolutions would
4 like them open for cosponsorship.
5 ACTING PRESIDENT BAILEY: These
6 resolutions are open for cosponsorship. Should
7 you choose not to be a cosponsor, please notify
8 the desk.
9 Senator Gianaris.
10 SENATOR GIANARIS: Now please
11 recognize Senator Helming for a quick
12 introduction.
13 ACTING PRESIDENT BAILEY:
14 Senator Helming for the purposes of an
15 introduction.
16 SENATOR HELMING: Mr. President, it
17 is my privilege to introduce and welcome the
18 Finger Lakes Community College Men's Volleyball
19 Team to our State Capitol and the Senate chamber.
20 Welcome and thank you so much for
21 your patience today. I know it's been a long
22 day, starting with that early bus ride.
23 In their first season of existence,
24 the Lakers won the inaugural National Junior
25 College Athletic Association National
4182
1 Invitational Championship. I think it would be
2 fair to say, as far as volleyball debuts go, this
3 team killed it.
4 This incredible group of young men
5 had a storybook season. After losing to the
6 Monroe College Mustangs of New Rochelle twice
7 during the regular season, and going into the
8 championship game as a third seed, the Lakers
9 could have easily seen themselves as the
10 underdogs and given up. But that's not at all
11 what they did.
12 What they did is they learned from
13 those losses. They studied tapes, they adjusted
14 their play, their game plans. They worked hard
15 preparing for their next opportunity.
16 And when the championship game was
17 on the line, this team was ready, striking
18 revenge and defeating Monroe College 3-1.
19 It's amazing to think that this
20 young program started with open gyms, no team
21 tryouts. These young men, under the leadership
22 of Coach Andrew Solomon, became a team that
23 believed they could win a national championship.
24 To Jonah, A.J., Bryce, Ian, Adrian,
25 Samuel, Daniel, Nehemiah, Mitchell, Alex, Nick,
4183
1 Garyson and Jarett, congratulations. It is truly
2 an honor to recognize your achievements and your
3 national championship.
4 To Coach Solomon and Assistant Coach
5 Salisbury, a huge thank you for teaching,
6 mentoring and sharing your passion with these
7 young men. You have taught your team to believe
8 in themselves, to set goals and work hard, and
9 that anything is possible.
10 I'd also like to thank the director
11 of athletics, Samantha Boccacino, for supporting
12 not only these young men, but all of the
13 student-athletes at Finger Lakes Community
14 College.
15 Playing with heart matters on the
16 volleyball court and in life. Congratulations to
17 all of you. I can't wait to see what the next
18 season brings.
19 Thank you, Mr. President.
20 ACTING PRESIDENT BAILEY: To our
21 athletic achievers, we welcome you on behalf of
22 the Senate. We extend to you the privileges and
23 courtesies of this house.
24 Please rise and be recognized.
25 (Standing ovation.)
4184
1 ACTING PRESIDENT BAILEY: Senator
2 Gianaris.
3 SENATOR GIANARIS: Now please
4 recognize Senator Kennedy for an introduction.
5 ACTING PRESIDENT BAILEY: Senator
6 Kennedy for the purposes of an introduction.
7 SENATOR KENNEDY: Thank you,
8 Mr. President.
9 I rise today to welcome a leader
10 from Western New York to our Senate chambers.
11 Joining us today we have Thomas Kim, president
12 and CEO of the Community Action Organization of
13 Western New York.
14 Thomas Kim has more than 30 years of
15 experience serving in leadership positions in
16 nonprofits, government, and the private sector.
17 Raised by a single immigrant mother, he grew up
18 in poverty and has focused much of his life's
19 work on helping others in the same situations he
20 faced growing up.
21 He has dedicated his talents to a
22 variety of initiatives across our great nation,
23 including in the cities of Chicago and
24 Los Angeles, and has lent his expertise to
25 organizations that focus on early childhood
4185
1 education, healthcare, homelessness and more. He
2 now calls Buffalo home and is steering the ship
3 at CAO.
4 In addition to public service, he
5 has also served our country. He is a combat
6 veteran of Operation Iraqi Freedom, Operation
7 Enduring Freedom, and Operation New Dawn. A
8 disabled Army veteran of nearly 20 years, Thomas
9 is a two-time Bronze Star recipient and a
10 Purple Heart medal recipient as well.
11 His family's dedication to our
12 country continues as his daughter is active-duty
13 Air Force and his son is a now retired West Point
14 Army veteran.
15 I know I speak for this entire body
16 when I say thank you so much for your service to
17 our community, our state and our nation, and for
18 your continued service to the great people of
19 Western New York, Thomas.
20 I ask my colleagues to join me in
21 welcoming him to the Capitol today and
22 recognizing his honorable work.
23 Thank you, Mr. President.
24 ACTING PRESIDENT BAILEY: To our
25 guest, we welcome you on behalf of the Senate.
4186
1 We extend to you all of the privileges and
2 courtesies of this house.
3 Please rise and be recognized.
4 (Standing ovation.)
5 ACTING PRESIDENT BAILEY: Senator
6 Gianaris.
7 SENATOR GIANARIS: Mr. President, I
8 believe there's a report of the Rules Committee
9 at the desk. Can we please take that up.
10 ACTING PRESIDENT BAILEY: The
11 Secretary will read.
12 THE SECRETARY: Senator
13 Stewart-Cousins, from the Committee on Rules,
14 reports the following bills:
15 Senate Print 349A, by
16 Senator Cleare, an act to amend the
17 Criminal Procedure Law;
18 Senate Print 580A, by
19 Senator Hoylman-Sigal, an act to amend the
20 Social Services Law;
21 Senate Print 887, by Senator Cleare,
22 an act to amend the Elder Law;
23 Senate Print 895, by
24 Senator Hoylman-Sigal, an act to amend the
25 General Business Law;
4187
1 Senate Print 939, by Senator Bailey,
2 an act to amend the Criminal Procedure Law;
3 Senate Print 962, by Senator Bailey,
4 an act to amend the Economic Development Law;
5 Senate Print 1051, by
6 Senator Cooney, an act to amend the
7 Executive Law;
8 Senate Print 1755A, by
9 Senator Sanders, an act establishing a commission
10 to determine what benefits a public bank owned by
11 the State of New York can provide;
12 Senate Print 1815, by
13 Senator Stavisky, an act to amend the
14 Criminal Procedure Law;
15 Senate Print 1821, by
16 Senator Stavisky, an act to amend the
17 Education Law;
18 Senate Print 1865A, by
19 Senator Brouk, an act to amend the Education Law;
20 Senate Print 1963A, by
21 Senator Addabbo, an act to amend the
22 Social Services Law;
23 Senate Print 2143A, by
24 Senator Persaud, an act to amend the
25 Social Services Law;
4188
1 Senate Print 2202A, by
2 Senator Thomas, an act to amend the Highway Law;
3 Senate Print 2315, by
4 Senator Cleare, an act in relation to naming a
5 certain state facility after Willie Mae "Goody"
6 Goodman;
7 Senate Print 2355, by
8 Senator Felder, an act to amend the Family Court
9 Act;
10 Senate Print 2737, by
11 Senator Comrie, an act to amend the
12 Executive Law;
13 Senate Print 3117A, by
14 Senator Mannion, an act to amend the
15 Workers' Compensation Law;
16 Senate Print 3315, by
17 Senator Sepúlveda, an act to amend the
18 Surrogate's Court Procedure Act;
19 Senate Print 3512, by Senator May,
20 an act in relation to authorizing
21 Christopher Walser to take the competitive
22 civil service examination;
23 Senate Print 3586, by
24 Senator Fernandez, an act to amend the
25 Veterans' Services Law;
4189
1 Senate Print 4407, by Senator
2 Fernandez, an act to amend the Executive Law;
3 Senate Print 4412B, by
4 Senator Ramos, an act to amend the
5 Alcoholic Beverage Control Law;
6 Senate Print 4621, by
7 Senator Sepúlveda, an act to amend the
8 Correction Law;
9 Senate Print 4674, by
10 Senator Hoylman-Sigal, an act to amend the
11 Public Health Law;
12 Senate Print 4715A, by
13 Senator Stewart-Cousins, an act to authorize the
14 Village of Dobbs Ferry to offer an optional
15 20-year retirement plan;
16 Senate Print 4743, by Senator Webb,
17 an act to amend the Education Law;
18 Senate Print 4751, by
19 Senator Skoufis, an act to amend the Town Law;
20 Senate Print 4818, by
21 Senator Gianaris, an act to amend the
22 General Business Law and the Penal Law;
23 Senate Print 4999, by
24 Senator Helming, an act to amend the
25 Alcoholic Beverage Control Law;
4190
1 Senate Print 5007A, by
2 Senator Gonzalez, an act to amend the
3 State Technology Law;
4 Senate Print 5056, by
5 Senator Thomas, an act to amend the
6 Financial Services Law;
7 Senate Print 5086, by Senator Mayer,
8 an act to amend the Public Officers Law;
9 Senate Print 5165, by Senator Webb,
10 an act to amend the New York State Urban
11 Development Corporation Act;
12 Senate Print 5376, by
13 Senator Rolison, an act to amend Chapter 455 of
14 the Laws of 2011;
15 Senate Print 5465, by
16 Senator Jackson, an act to amend the
17 Executive Law;
18 Senate Print 5505, by
19 Senator Scarcella-Spanton, an act to amend the
20 Penal Law;
21 Senate Print 5530, by Senator Brouk,
22 an act to amend the Veterans' Services Law and
23 the Public Health Law;
24 Senate Print 5733, by
25 Senator Borrello, an act to authorize the
4191
1 Board of Education of the Salamanca City
2 School District to establish a federal impact aid
3 reserve fund;
4 Senate Print 5775, by
5 Senator Kennedy, an act to amend the
6 Railroad Law;
7 Senate Print 5886, by
8 Senator Harckham, an act to amend the
9 Village Law;
10 Senate Print 5932, by
11 Senator Harckham, an act to amend the Vehicle and
12 Traffic Law;
13 Senate Print 5967, by
14 Senator Harckham, an act to amend the
15 Real Property Tax Law;
16 Senate Print 6150A, by
17 Senator Cooney, an act in relation to authorizing
18 the Town of Henrietta, County of Monroe, to
19 alienate certain lands used as parkland;
20 Senate Print 6151, by
21 Senator Canzoneri-Fitzpatrick, an act to amend
22 Chapter 676 of the Laws of 1978;
23 Senate Print 6226, by
24 Senator Hinchey, an act to amend the
25 Public Health Law;
4192
1 Senate Print 6316, by
2 Senator Rolison, an act to amend the
3 Alcoholic Beverage Control Law;
4 Senate Print 6528A, by
5 Senator Bailey, an act to amend the
6 General Business Law;
7 Senate Print 6550, by Senator Mayer,
8 an act to amend the Vehicle and Traffic Law;
9 Senate Print 6661A, by Senator Weik,
10 an act in relation to authorizing the Chabad of
11 Islip Township, Inc., to receive retroactive real
12 property tax exempt status;
13 Senate Print 6680, by
14 Senator Murray, an act to amend Chapter 638 of
15 the Laws of 2022;
16 Senate Print 6741, by
17 Senator Gianaris, an act to amend the
18 Alcoholic Beverage Control Law;
19 Senate Print 6797, by
20 Senator Martins, an act in relation to
21 authorizing Saddle Rock Minyan to file an
22 application for retroactive real property tax
23 exemption;
24 Senate Print 6921, by Senator Chu,
25 an act to amend the Railroad Law;
4193
1 Senate Print 6922, by Senator Webb,
2 an act to amend the Transportation Law;
3 Senate Print 6923, by
4 Senator Hinchey, an act to amend the
5 Railroad Law;
6 Senate Print 6924, by
7 Senator Skoufis, an act to amend the
8 Railroad Law;
9 Senate Print 6925, by
10 Senator Kennedy, an act to amend the
11 Railroad Law;
12 Senate Print 6926, by
13 Senator Mannion, an act to amend the
14 Transportation Law;
15 Senate Print 6934, by
16 Senator Kennedy, an act to amend the
17 Transportation Law;
18 Senate Print 6935, by
19 Senator Martinez, an act in relation to
20 establishing a freight rail safety task force;
21 Senate Print 7072, by
22 Senator Palumbo, an act to amend Chapter 387 of
23 the Laws of 2013;
24 Senate Print 7085, by Senator Webb,
25 an act to amend the Alcoholic Beverage
4194
1 Control Law;
2 Senate Print 7359, by Senator Weber,
3 an act to amend the Real Property Tax Law;
4 Senate Print 7360, by Senator Weber,
5 an act to amend the Real Property Tax Law.
6 All bills reported direct to third
7 reading.
8 SENATOR GIANARIS: Move to accept
9 the report of the Rules Committee.
10 ACTING PRESIDENT BAILEY: All those
11 in favor of accepting the report of the
12 Rules Committee signify by saying aye.
13 (Response of "Aye.")
14 ACTING PRESIDENT BAILEY: Opposed,
15 nay.
16 (No response.)
17 ACTING PRESIDENT BAILEY: The
18 report of the Rules Committee is accepted.
19 Senator Gianaris.
20 SENATOR GIANARIS: Please take up
21 the reading of the calendar.
22 ACTING PRESIDENT BAILEY: The
23 Secretary will read.
24 THE SECRETARY: Calendar Number
25 131, Assembly Print Number 1142, by
4195
1 Assemblymember Kelles, an act to amend the
2 General Construction 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 Krueger to explain her vote.
12 SENATOR KRUEGER: Thank you,
13 Mr. President.
14 I want to thank everyone who's
15 voting for this bill and to say frankly, for
16 those who aren't, I don't get it.
17 (Laughter.)
18 SENATOR KRUEGER: I'm done.
19 Thank you, Mr. President. I vote
20 aye.
21 (Laughter.)
22 ACTING PRESIDENT BAILEY: Senator
23 Krueger to be recorded in the affirmative.
24 Announce the results.
25 THE SECRETARY: In relation to
4196
1 Calendar 131, those Senators voting in the
2 negative are Senators Borrello, Griffo, Helming,
3 Lanza, Mattera, Murray, Oberacker, O'Mara, Ortt,
4 Palumbo, Rhoads, Stec, Tedisco, Walczyk and Weik.
5 Ayes, 46. Nays, 15.
6 ACTING PRESIDENT BAILEY: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 174, Senate Print 636A, by Senator Comrie, an act
10 to amend the Business Corporation Law and the
11 Limited Liability Company Law.
12 ACTING PRESIDENT BAILEY: Read the
13 last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect two years after it shall
16 have become a law.
17 ACTING PRESIDENT BAILEY: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT BAILEY: Announce
21 the results.
22 THE SECRETARY: In relation to
23 Calendar 174, those Senators voting in the
24 negative are Senators Ashby, Borrello, Gallivan,
25 Griffo, Helming, Lanza, Martins, Mattera, Murray,
4197
1 Oberacker, O'Mara, Ortt, Palumbo, Rhoads,
2 Rolison, Scarcella-Spanton, Stec, Tedisco,
3 Walczyk, Weber and Weik.
4 Ayes, 40. Nays, 21.
5 ACTING PRESIDENT BAILEY: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 259, Assembly Print Number 836, by
9 Assemblymember Dinowitz, an act to amend the
10 Labor Law.
11 SENATOR LANZA: Lay it aside.
12 ACTING PRESIDENT BAILEY: Lay it
13 aside.
14 THE SECRETARY: Calendar Number
15 347, Senate Print 2683A, by Senator Breslin, an
16 act to amend the Insurance 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
4198
1 the results.
2 THE SECRETARY: In relation to
3 Calendar Number 347, voting in the negative:
4 Senator Rhoads.
5 Ayes, 60. Nays, 1.
6 ACTING PRESIDENT BAILEY: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 355, Senate Print 4270A, by Senator Parker, an
10 act to amend the Agriculture and Markets Law.
11 ACTING PRESIDENT BAILEY: Read the
12 last section.
13 THE SECRETARY: Section 9. This
14 act shall take effect on the 90th day after it
15 shall have become a law.
16 ACTING PRESIDENT BAILEY: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT BAILEY: Announce
20 the results.
21 THE SECRETARY: Ayes, 61.
22 ACTING PRESIDENT BAILEY: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 367, Assembly Print Number 2134A, by
4199
1 Assemblymember Dinowitz, an act to amend the
2 Multiple Residence Law and the Multiple Dwelling
3 Law.
4 ACTING PRESIDENT BAILEY: Read the
5 last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect on the 90th day after it
8 shall have become a law.
9 ACTING PRESIDENT BAILEY: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT BAILEY: Senator
13 Rhoads to explain his vote.
14 SENATOR RHOADS: Yes, thank you,
15 Mr. President.
16 I certainly thank Senator Mayer for
17 sponsoring the bill. And the bill is incredibly
18 well intentioned.
19 As a first responder myself, the
20 information that would be provided is valuable
21 information that would give us some insight as to
22 who the occupants are in the building so that we
23 can make an accurate check that all residents are
24 accounted for and all persons inside the building
25 are accounted for.
4200
1 One concern, however -- and
2 hopefully if this bill does pass, it's something
3 that can be revisited -- is that you're putting
4 the obligation on the building owners to maintain
5 this information. You're giving residents the
6 ability to opt out of providing it, but you are
7 creating potential liability for those owners
8 with respect to the accuracy of the information
9 that's maintained.
10 So for example, they may be able to
11 get information off of the lease as to who the
12 leaseholder is, but they may not have a full
13 listing of all the occupants of an individual
14 apartment, for example, if there are children, if
15 there are people visiting.
16 Also, if in fact a resident does
17 make the election to opt out, there should be
18 some sort of written requirement that's
19 maintained by the owner so that there's a
20 demonstration for why that information is not
21 contained on the list, to avoid potential
22 liability if in fact there is an incident, to
23 offer some protection to the owner for the
24 information that's not provided.
25 So if this does pass today, I hope
4201
1 those are things that can be addressed in the
2 future. But for now, in spite of agreement on
3 the intention, I vote no on the bill.
4 ACTING PRESIDENT BAILEY: Senator
5 Rhoads to be recorded in the negative.
6 Announce the results.
7 THE SECRETARY: In relation to
8 Calendar 367, those Senators voting in the
9 negative are Senators Ashby, Gallivan, Griffo,
10 Lanza, Martins, Mattera, Murray, Oberacker,
11 O'Mara, Ortt, Palumbo, Stec, Tedisco, Walczyk,
12 Weber and Weik. Also Senator Borrello.
13 Ayes, 44. Nays, 17.
14 ACTING PRESIDENT BAILEY: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 420, Senate Print 205, by Senator Cleare, an act
18 to amend the Banking Law.
19 SENATOR LANZA: Lay it aside.
20 ACTING PRESIDENT BAILEY: Lay it
21 aside.
22 THE SECRETARY: Calendar Number
23 436, Senate Print 485A, by Senator Comrie, an act
24 to amend the Public Authorities Law.
25 ACTING PRESIDENT BAILEY: Read the
4202
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect January 1, 2024.
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
13 515, Senate Print 3473A, by Senator Stavisky, an
14 act to amend the Education Law.
15 ACTING PRESIDENT BAILEY: Read the
16 last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect immediately.
19 ACTING PRESIDENT BAILEY: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT BAILEY: Senator
23 Stavisky to explain her vote.
24 SENATOR STAVISKY: Yes, thank you,
25 Mr. President.
4203
1 Very briefly, this goes back many,
2 many years. It is not directed at any of the
3 trustees currently serving or who have served,
4 frankly, in the last few years.
5 I vote aye. Thank you,
6 Mr. President.
7 ACTING PRESIDENT BAILEY: Senator
8 Stavisky to be recorded in the affirmative.
9 Announce the results.
10 THE SECRETARY: Ayes, 61.
11 ACTING PRESIDENT BAILEY: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 536, Senate Print 143, by Senator Gianaris, an
15 act to amend the Tax Law.
16 ACTING PRESIDENT BAILEY: Read the
17 last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect immediately.
20 ACTING PRESIDENT BAILEY: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT BAILEY: Senator
24 Martins to explain his vote.
25 SENATOR MARTINS: Thank you.
4204
1 You know, when this debate,
2 Mr. President, was raging throughout the country,
3 and there was this effort on behalf of the
4 president to forgive student loans, we talked
5 about what the impact would be in New York. And
6 I understand -- and I will be voting yes on this
7 bill. I'm just lamenting the fact that for those
8 people who paid for their way through college,
9 perhaps working two or three jobs, we don't
10 actually include tax credits for them to offset
11 the cost of their higher education.
12 The idea that somehow we forgive
13 interest or we forgive, you know, the payment of
14 taxes that would otherwise accrue as a result of
15 the federal government forgiving student loans,
16 but forget that there are people who actually
17 paid their way through college, and not giving
18 them credit for that payment seems wrong.
19 And so although I will be voting
20 yes, I do wish that there was an element here
21 that provided for those who actually worked their
22 way through, gave them a credit and allowed for
23 them to actually have a benefit and not just have
24 to pay for their higher education through
25 post-tax monies that they had actually earned.
4205
1 Thank you.
2 ACTING PRESIDENT BAILEY: Senator
3 Martins to be recorded in the affirmative.
4 Announce the results.
5 THE SECRETARY: In relation to
6 Calendar 536, those Senators voting in the
7 negative are Senators Walczyk and Weber.
8 Ayes, 59. Nays, 2.
9 ACTING PRESIDENT BAILEY: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 562, Senate Print 40, by Senator Gallivan, an act
13 to amend the Executive Law.
14 ACTING PRESIDENT BAILEY: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect on the first of November.
18 ACTING PRESIDENT BAILEY: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT BAILEY: Announce
22 the results.
23 THE SECRETARY: Ayes, 61.
24 ACTING PRESIDENT BAILEY: The bill
25 is passed.
4206
1 THE SECRETARY: Calendar Number
2 606, Senate Print 4097A, by Senator Gounardes, an
3 act to amend the Civil Service Law.
4 ACTING PRESIDENT BAILEY: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
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 THE SECRETARY: Calendar Number
17 617, Assembly Print Number 5518, by
18 Assemblymember Gunther, an act to amend
19 Chapter 371 of the Laws of 1998.
20 ACTING PRESIDENT BAILEY: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT BAILEY: Call the
25 roll.
4207
1 (The Secretary called the roll.)
2 ACTING PRESIDENT BAILEY: Announce
3 the results.
4 THE SECRETARY: Ayes, 61.
5 ACTING PRESIDENT BAILEY: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 631, Senate Print 5890A, by Senator Breslin, an
9 act to amend the Insurance Law.
10 ACTING PRESIDENT BAILEY: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT BAILEY: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT BAILEY: Announce
18 the results.
19 THE SECRETARY: Ayes, 61.
20 ACTING PRESIDENT BAILEY: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 690, Senate Print 653, by Senator Ortt, an act to
24 amend the Vehicle and Traffic Law.
25 ACTING PRESIDENT BAILEY: Read the
4208
1 last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect on the 120th day after it
4 shall have become a law.
5 ACTING PRESIDENT BAILEY: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT BAILEY: Announce
9 the results.
10 THE SECRETARY: Ayes, 61.
11 ACTING PRESIDENT BAILEY: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 741, Senate Print 1042A, by Senator Hinchey, an
15 act to amend the Penal Law.
16 ACTING PRESIDENT BAILEY: Read the
17 last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect on the 60th day after it
20 shall have become a law.
21 ACTING PRESIDENT BAILEY: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT BAILEY: Announce
25 the results.
4209
1 THE SECRETARY: Ayes, 61.
2 ACTING PRESIDENT BAILEY: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 743, Senate Print 2730, by Senator Sanders, an
6 act to amend the Penal Law and the Education Law.
7 ACTING PRESIDENT BAILEY: Read the
8 last section.
9 THE SECRETARY: Section 13. This
10 act shall take effect on the 180th day after it
11 shall have become a law.
12 ACTING PRESIDENT BAILEY: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT BAILEY: Announce
16 the results.
17 THE SECRETARY: In relation to
18 Calendar Number 743, voting in the negative:
19 Senator Brisport.
20 Ayes, 60. Nays, 1.
21 ACTING PRESIDENT BAILEY: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 751, Senate Print 497, by Senator Stec, an act to
25 amend the General Municipal Law.
4210
1 ACTING PRESIDENT BAILEY: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT BAILEY: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT BAILEY: Announce
9 the results.
10 THE SECRETARY: In relation to
11 Calendar Number 751, voting in the negative:
12 Senator Walczyk.
13 Ayes, 60. Nays, 1.
14 Excuse me. Also Senator Martinez.
15 Ayes, 59. Nays, 2.
16 ACTING PRESIDENT BAILEY: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 752, Assembly Print Number 3528, by
20 Assemblymember Pretlow, an act to amend the
21 Racing, Pari-Mutuel Wagering and Breeding Law.
22 ACTING PRESIDENT BAILEY: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
4211
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 752, voting in the negative are
8 Senators Brisport and Martinez.
9 Ayes, 59. Nays, 2.
10 ACTING PRESIDENT BAILEY: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 759, Senate Print Number 5757, by
14 Senator Scarcella-Spanton, an act to amend the
15 Executive Law.
16 ACTING PRESIDENT BAILEY: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect on the 120th day after it
20 shall have become a law.
21 ACTING PRESIDENT BAILEY: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT BAILEY: Senator
25 Scarcella-Spanton to explain her vote.
4212
1 SENATOR SCARCELLA-SPANTON: Thank
2 you, Mr. President.
3 And thank you to my colleagues for
4 all your support in helping to pass this bill.
5 We all know that disasters can
6 strike unexpectedly, leaving devastating impacts
7 on our communities. Hurricane Sandy, which
8 struck the shores of both Staten Island and
9 Southern Brooklyn, left devastating effects. We
10 saw, more recently, Hurricane Ida, same issue.
11 The biggest problem that I saw was
12 that people had no idea what benefits they were
13 entitled to, what rights they were entitled to
14 after that disaster struck.
15 This legislation will set to put an
16 insurance liaison for cases like this, to help
17 people navigate these disasters more easily.
18 I proudly vote aye and hope my
19 colleagues do as well.
20 ACTING PRESIDENT BAILEY: Senator
21 Scarcella-Spanton to be recorded in the
22 affirmative.
23 Announce the results.
24 THE SECRETARY: Ayes, 61.
25 ACTING PRESIDENT BAILEY: The bill
4213
1 is passed.
2 THE SECRETARY: Calendar Number
3 782, Senate Print 5984, by Senator Kavanagh, an
4 act to amend the Election Law.
5 SENATOR GIANARIS: Lay it aside for
6 the day.
7 ACTING PRESIDENT BAILEY: The bill
8 will be laid aside for the day.
9 THE SECRETARY: Calendar Number
10 796, Senate Print 6491, by Senator Hoylman-Sigal,
11 an act to amend the Civil Practice Laws and
12 Rules.
13 ACTING PRESIDENT BAILEY: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT BAILEY: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT BAILEY: Announce
21 the results.
22 THE SECRETARY: Ayes, 61.
23 ACTING PRESIDENT BAILEY: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
4214
1 799, Senate Print 1716, by Senator Skoufis, an
2 act to amend the General Municipal 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 Skoufis to explain his vote.
12 SENATOR SKOUFIS: Thanks very much,
13 Mr. President.
14 This bill is very straightforward
15 and simply prohibits elected officials from
16 serving on IDA boards, the local agencies that
17 dole out property and other tax breaks in all of
18 our communities.
19 And this is simply needed because
20 the very essence, the very nature of an elected
21 official serving on one of these boards is an
22 inherent conflict of interest.
23 We've seen in Orange County and in
24 other places around the state where board members
25 who are elected in other offices, who many of
4215
1 which inevitably run for higher office, when they
2 do so, they pull out the old IDA Rolodex, and
3 they go through the awards that they have helped
4 give out to all sorts of corporations, and they
5 call them up, come election season: Hey,
6 remember that time I gave you a 15-year property
7 tax break? I'm running for State Senate now. I
8 could really use your help with a contribution.
9 And so this bill simply prohibits
10 that type of activity by stopping elected
11 officials from serving on these boards in the
12 first place.
13 I thank my colleagues for their
14 consideration. I vote yes.
15 ACTING PRESIDENT BAILEY: Senator
16 Skoufis to be recorded in the affirmative.
17 Senator Martins to explain his vote.
18 SENATOR MARTINS: Thank you,
19 Mr. President.
20 I vote no. As a former local
21 elected official, and understanding that so many
22 of our village mayors sometimes are called to sit
23 on IDA boards, frankly it's been my experience
24 that no one has a better idea of the needs of the
25 local community and the importance of those
4216
1 projects to the local community than do those
2 elected officials.
3 In fact, Mr. President, in
4 Nassau County we have villages whose mayors are
5 required to have representatives on the local IDA
6 by operation of laws that were passed here in
7 Albany -- not only in this chamber, but across in
8 the Assembly, and signed into law.
9 So the idea of having local
10 officials -- I don't see it as a conflict. I see
11 it as inherently part of the process. And for us
12 to say that our elected officials locally --
13 mayors, trustees, supervisors, council members,
14 et cetera -- don't have the ability to separate
15 conflicts from non-conflicts, frankly I think is
16 painting with too broad a brush.
17 I'm not going to suggest that the
18 sponsor doesn't have his own history with regard
19 to these things, perhaps in different counties,
20 certainly not in mine. And I will be voting no
21 because I will rely on the good sense of our
22 elected officials, and those who elect them, to
23 make sure that they make the right choices.
24 Thank you, Mr. President.
25 ACTING PRESIDENT BAILEY: Senator
4217
1 Martins to be recorded in the negative.
2 Announce the results.
3 THE SECRETARY: In relation to
4 Calendar Number 799, those Senators voting in the
5 negative are Senators Martins, Oberacker, O'Mara,
6 Ortt, Rhoads, Rolison, Ryan and Walczyk.
7 Ayes, 53. Nays, 8.
8 ACTING PRESIDENT BAILEY: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 862, Senate Print 1195, by Senator Persaud, an
12 act to amend the Agriculture and Markets Law.
13 ACTING PRESIDENT BAILEY: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT BAILEY: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT BAILEY: Announce
21 the results.
22 THE SECRETARY: In relation to
23 Calendar Number 862, voting in the negative:
24 Senator Walczyk.
25 Ayes, 60. Nays, 1.
4218
1 ACTING PRESIDENT BAILEY: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 870, Senate Print 6238, by Senator Myrie, an act
5 in relation to defining the term "mass shooting"
6 for purposes of emergency response measures.
7 ACTING PRESIDENT BAILEY: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT BAILEY: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT BAILEY: Senator
15 Myrie to explain his vote.
16 SENATOR MYRIE: Thank you,
17 Mr. President.
18 Almost two years ago now, after
19 holding a basketball tournament in my district
20 that was intended to prevent gun violence, four
21 members of one of the basketball teams were shot
22 in my district, one fatally.
23 Now, we had some news attention to
24 that, but there wasn't a public outcry. There
25 wasn't massive public empathy. And that's
4219
1 because when this type of violence happens in
2 communities like the ones that I represent, we
3 don't get the same attention. We don't get the
4 same sympathy. And the implication there is that
5 it is normal, and that we should accept it when
6 this violence happens.
7 So this bill is an attempt to
8 correct that, to define mass shooting in our
9 state statutes to comport with what the federal
10 consensus and definitions have been, in order for
11 us to get the resources and to get the emergency
12 response that we deserve.
13 So I want to thank Assemblymember
14 Monique Chandler-Waterman and the community
15 leaders who came up with the idea for this bill.
16 I proudly vote in the affirmative.
17 Thank you.
18 ACTING PRESIDENT BAILEY: Senator
19 Myrie to be recorded in the affirmative.
20 Announce the results.
21 THE SECRETARY: Ayes, 61.
22 ACTING PRESIDENT BAILEY: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 872, Assembly Print 1368A, by Assemblymember
4220
1 Rozic, an act to amend the Public Service Law.
2 SENATOR GIANARIS: Lay it aside for
3 the day.
4 ACTING PRESIDENT BAILEY: The bill
5 will be laid aside for the day.
6 THE SECRETARY: Calendar Number
7 983, Senate Print 4175, by Senator Kennedy, an
8 act to amend the Executive 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: Senator
17 Kennedy to explain his vote.
18 SENATOR KENNEDY: Thank you,
19 Mr. President.
20 We know severe winter storms are
21 nothing new here in New York, especially out in
22 Buffalo and Western New York where I represent.
23 This past winter, one of the worst
24 storms in our region's history hit us -- a
25 blizzard of proportions that I in my lifetime had
4221
1 never seen and many in their lifetimes had never
2 seen in our community. Zero visibility, 70-plus,
3 upwards of 80 mile-per-hour winds, snow coming
4 down to the tune of several feet over the course
5 of a couple of days. Forty-seven individuals
6 lost their lives. What should have been a joyful
7 Christmas holiday weekend ended up being
8 something else entirely.
9 The legislation we're passing here
10 today will add extreme winter weather to the
11 definition of a disaster and will require
12 municipalities to incorporate these winter
13 weather events when drawing up their
14 comprehensive emergency management plans.
15 We must ensure that communities all
16 across New York are prepared in advance for
17 storms like these, because if we wait until they
18 happen, it's already too late. Details are
19 missed, decisions are rushed. We need a game
20 plan in place before these weather events are
21 even forecasted, a comprehensive vision for how
22 to handle evacuation plans, sheltering in place,
23 the creation of community warming centers,
24 transportation challenges. The list is endless.
25 And we need it all planned out well in advance.
4222
1 Without that vision ahead of time,
2 an extreme winter weather event becomes 10 times
3 more dangerous in the moment because we're sent
4 scrambling when we should be executing a clear
5 plan.
6 I'm proud we're moving this
7 legislation forward today because I firmly
8 believe it has the potential to save lives when
9 these storms wreak havoc in the future.
10 I want to thank our great Majority
11 Leader, Andrea Stewart-Cousins, for prioritizing
12 this, and I thank my colleagues for recognizing
13 the importance for communities all across the
14 great State of New York.
15 Thank you, Mr. President. I vote
16 aye.
17 ACTING PRESIDENT BAILEY: Senator
18 Kennedy to be recorded in the affirmative.
19 Announce the results.
20 THE SECRETARY: Ayes, 61.
21 ACTING PRESIDENT BAILEY: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 989, Senate Print 1198, by Senator Rivera, an act
25 to amend the Public Health Law.
4223
1 ACTING PRESIDENT BAILEY: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT BAILEY: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT BAILEY: Announce
9 the results.
10 THE SECRETARY: Ayes, 61.
11 ACTING PRESIDENT BAILEY: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 992, Senate Print 1068, by Senator Borrello, an
15 act to amend the Not-For-Profit Corporation Law.
16 ACTING PRESIDENT BAILEY: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT BAILEY: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT BAILEY: Announce
24 the results.
25 THE SECRETARY: In relation to
4224
1 Calendar Number 992, voting in the negative:
2 Senator Skoufis.
3 Ayes, 60. Nays, 1.
4 ACTING PRESIDENT BAILEY: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 994, Senate Print 6746, by Senator Ryan, an act
8 to amend the Public Authorities Law and the
9 Not-For-Profit Corporation Law.
10 ACTING PRESIDENT BAILEY: Read the
11 last section.
12 THE SECRETARY: Section 6. This
13 act shall take effect on the 90th 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: Announce
19 the results.
20 THE SECRETARY: In relation to
21 Calendar Number 994, those Senators voting in the
22 negative are Senators Borrello, Gallivan, Griffo,
23 Helming, Martins, Oberacker, O'Mara, Ortt,
24 Rhoads, Stec, Tedisco and Walczyk.
25 Ayes, 49. Nays, 12.
4225
1 ACTING PRESIDENT BAILEY: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1002, Assembly Print Number 4023A, by
5 Assemblymember Rozic, an act to amend the
6 General Business Law.
7 ACTING PRESIDENT BAILEY: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the 90th day after it
11 shall have become a law.
12 ACTING PRESIDENT BAILEY: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: In relation to
16 Calendar Number 1002, voting in the negative:
17 Senator Lanza.
18 Ayes, 60. Nays, 1.
19 ACTING PRESIDENT BAILEY: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1022, Senate Print 2473A, by Senator Stavisky, an
23 act to amend the Business Corporation Law.
24 ACTING PRESIDENT BAILEY: Read the
25 last section.
4226
1 THE SECRETARY: Section 13. This
2 act shall take effect immediately.
3 ACTING PRESIDENT BAILEY: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT BAILEY: Senator
7 Weber to explain his vote.
8 SENATOR WEBER: I want to thank the
9 sponsor for bringing this important legislation
10 forward.
11 You know, as one of the only two
12 CPAs I believe in the State Legislature, this has
13 been a topic of conversation bandied around for a
14 long time. This brings what I consider an
15 outdated law in New York up to speed with
16 surrounding states and a lot of the other states
17 in the U.S.
18 I'm proud to have added my name as a
19 cosponsor, and I proudly vote aye.
20 So thank you.
21 ACTING PRESIDENT BAILEY: Senator
22 Weber to be recorded in the affirmative.
23 Announce the results.
24 THE SECRETARY: In relation to
25 Calendar 1022, those Senators voting in the
4227
1 negative are Senators Lanza and Martins.
2 Ayes, 59. Nays, 2.
3 ACTING PRESIDENT BAILEY: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1023, Senate Print 2699, by Senator Harckham, an
7 act to amend the Education Law.
8 ACTING PRESIDENT BAILEY: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT BAILEY: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT BAILEY: Announce
16 the results.
17 THE SECRETARY: Ayes, 61.
18 ACTING PRESIDENT BAILEY: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1026, Senate Print 3284, by Senator Sanders, an
22 act to amend the Executive Law.
23 ACTING PRESIDENT BAILEY: Read the
24 last section.
25 THE SECRETARY: Section 2. This
4228
1 act shall take effect immediately.
2 ACTING PRESIDENT BAILEY: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT BAILEY: Senator
6 Scarcella-Spanton to explain her vote.
7 SENATOR SCARCELLA-SPANTON: Thank
8 you, Mr. President.
9 And thank you to my colleague
10 Senator Sanders for working on this important
11 legislation, which will establish September 22nd
12 of each year as Veteran Suicide Awareness and
13 Remembrance Day.
14 It's a heartbreaking reality that an
15 average of 6,000 veterans take their own lives
16 each year here in the United States, with our
17 younger veterans experiencing higher suicide
18 rates compared to their older counterparts.
19 Each day in the U.S. about
20 22 veterans tragically take their own lives,
21 highlighting the urgency of addressing the mental
22 health crisis within this community.
23 This commemoration is not only about
24 remembering those veterans who took their own
25 lives, but also about taking meaningful action in
4229
1 addressing the mental health crisis among our
2 veteran population.
3 By raising awareness around this
4 issue facing our nation's heroes, we can lessen
5 the stigma surrounding suicide and provide
6 support to our at-risk veterans. Establishing
7 this day in New York will serve as a symbol and
8 honor the brave veterans who served our nation
9 only to tragically take their own lives upon
10 returning home.
11 I proudly vote aye. And this is an
12 important piece of legislation to me, and I
13 encourage my colleagues to do the same.
14 And again, thanks, Senator Sanders.
15 ACTING PRESIDENT BAILEY: Senator
16 Scarcella-Spanton to be recorded in the
17 affirmative.
18 Announce the results.
19 THE SECRETARY: Ayes, 61.
20 ACTING PRESIDENT BAILEY: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1029, Senate Print 4071, by Senator Salazar, an
24 act to amend the Correction Law.
25 ACTING PRESIDENT BAILEY: Read the
4230
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the 30th day after it
4 shall have become a law.
5 ACTING PRESIDENT BAILEY: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT BAILEY: Senator
9 Salazar to explain her vote.
10 SENATOR SALAZAR: Thank you,
11 Mr. President.
12 Incarcerated individuals are often
13 transferred from one correctional facility to
14 another without notice beforehand to the
15 individual or to their loved ones. And an
16 incarcerated person is typically separated from
17 the facility's general population for a few days
18 before being transferred, for security reasons,
19 and then is transported to their new facility.
20 But because incarcerated
21 individuals are separated and securely locked
22 down before a transfer, they are currently unable
23 to contact loved ones to let them know that they
24 will no longer be at their current facility. And
25 without that contact from an incarcerated loved
4231
1 one, there is no way for the family to know that
2 their loved one is being transferred.
3 This has resulted in confusion and
4 distress, as well as time and financial costs
5 lost for families who might have spent hours
6 driving to a prison to visit their loved one just
7 to be turned away upon arrival because the
8 individual has been transferred to a new facility
9 without their knowledge.
10 Current DOCCS practice only allows
11 an individual to phone home after the transfer is
12 completed. This bill would simply allow
13 individuals to call their loved ones immediately
14 prior to being transferred so that -- and it
15 would also require an electronic notice of their
16 transfer to be sent to the individual's next of
17 kin in case they miss that opportunity.
18 And this bill would really just
19 relieve totally unnecessary stress for
20 incarcerated individuals and their families and
21 make the transition to a new facility go more
22 smoothly.
23 And I'm proud to vote aye.
24 Thank you, Mr. President.
25 ACTING PRESIDENT BAILEY: Senator
4232
1 Salazar to be recorded in the affirmative.
2 Announce the results.
3 THE SECRETARY: In relation to
4 Calendar 1029, those Senators voting in the
5 negative are Senators Ashby, Borrello, Gallivan,
6 Griffo, Helming, Martins, Mattera, Murray,
7 Oberacker, O'Mara, Ortt, Palumbo, Rhoads,
8 Rolison, Stec, Tedisco, Walczyk, Weber and Weik.
9 Ayes, 42. Nays, 19.
10 ACTING PRESIDENT BAILEY: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1032, Senate Print 5131, by Senator Webb, an act
14 to amend the Retirement and Social Security Law.
15 ACTING PRESIDENT BAILEY: Read the
16 last section.
17 THE SECRETARY: Section 8. This
18 act shall take effect on the 180th day after it
19 shall have become a law.
20 ACTING PRESIDENT BAILEY: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT BAILEY: Senator
24 Webb to explain her vote.
25 SENATOR WEBB: Thank you,
4233
1 Mr. President. I rise to explain my vote.
2 Domestic violence is very pervasive,
3 not only in our state but also in our country.
4 And domestic abusers should not be able to
5 collect pension benefits from their victims.
6 Under current law, a retiree has no
7 ability to amend their beneficiary
8 post-retirement, even under circumstances where
9 the beneficiary has been convicted of a domestic
10 violence-related offense against the retiree.
11 My bill amends the current law to
12 permit a retired member of the New York State
13 Employee Retirement System to change the
14 beneficiary of their retirement benefits within
15 180 days in the event that the beneficiary is
16 convicted of a domestic violence offense.
17 This bill empowers survivors to
18 decide which course of action to take when their
19 named beneficiary commits an act of domestic
20 violence.
21 I vote aye, and I encourage my
22 colleagues to do the same.
23 Thank you, Mr. President.
24 ACTING PRESIDENT BAILEY: Senator
25 Webb to be recorded in the affirmative.
4234
1 Announce the results.
2 THE SECRETARY: Ayes, 61.
3 ACTING PRESIDENT BAILEY: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1034, Senate Print 5655, by Senator Martinez, an
7 act to amend the General Municipal Law.
8 ACTING PRESIDENT BAILEY: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT BAILEY: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT BAILEY: Announce
16 the results.
17 THE SECRETARY: Ayes, 61.
18 ACTING PRESIDENT BAILEY: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1038, Senate Print 6720, by Senator Brisport, an
22 act to amend the Family Court Act and the
23 Social Services Law.
24 ACTING PRESIDENT BAILEY: Read the
25 last section.
4235
1 THE SECRETARY: Section 3. 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: In relation to
10 Calendar 1038, those Senators voting in the
11 negative are Senators Ashby, Griffo, Helming,
12 Martins, Mattera, Murray, Oberacker, O'Mara,
13 Ortt, Palumbo, Rhoads, Rolison, Stec, Tedisco,
14 Walczyk and Weik.
15 Ayes, 45. Nays, 16.
16 ACTING PRESIDENT BAILEY: The bill
17 is passed.
18 Senator Gianaris, that completes the
19 reading of today's calendar.
20 SENATOR GIANARIS: Mr. President,
21 can we go back to Calendar Number 420 and lay
22 that aside for the day.
23 ACTING PRESIDENT BAILEY: The bill
24 will be laid aside for the day.
25 SENATOR GIANARIS: And now let's
4236
1 take up the controversial calendar.
2 ACTING PRESIDENT BAILEY: The
3 Secretary will ring the bell.
4 The Secretary will read.
5 THE SECRETARY: Calendar Number
6 259, Assembly Print 836, by Assemblymember
7 Dinowitz, an act to amend the Labor Law.
8 ACTING PRESIDENT BAILEY: Senator
9 Lanza, why do you rise?
10 SENATOR LANZA: Mr. President, I
11 believe there's an amendment at the desk. I
12 waive the reading of that amendment and ask that
13 you recognize Senator Ashby.
14 ACTING PRESIDENT BAILEY: Thank
15 you, Senator Lanza.
16 Upon review of the amendment, in
17 accordance with Rule 6, Section 4B, I rule it
18 nongermane and out of order at this time.
19 SENATOR LANZA: Accordingly,
20 Mr. President, I appeal the ruling of the chair
21 and ask that you recognize Senator Ashby to be
22 heard on the appeal.
23 ACTING PRESIDENT BAILEY: The
24 appeal has been made and recognized, and
25 Senator Ashby may be heard.
4237
1 SENATOR ASHBY: Mr. President, I
2 rise to appeal the ruling of the chair.
3 The proposed amendment is germane to
4 the bill at hand because the previous version of
5 the bill passed the Senate on March 21st of this
6 year by a vote of 61 to 1, and I was proud to be
7 among those voting in the affirmative.
8 This amendment would simply restore
9 the bill to its previous version by restoring
10 police officers, firefighters and correction
11 officers to the universe of employees to whom the
12 protections were extended.
13 PEF issued a memo of support on the
14 original bill that stated "Employees, whether
15 public or private, should be free from the fear
16 of retaliation or loss of employment due to
17 private communications made on personal
18 equipment. While many employers adhere to this
19 policy now, a state law is needed to ensure that
20 all employees and applicants for educational
21 institutions are protected."
22 PEF went on to say: "Freedom of
23 expression, especially when it happens outside of
24 a work or educational environment, needs to be
25 protected."
4238
1 This amendment would restore those
2 protections to police officers, firefighters, and
3 corrections officers.
4 For these reasons, Mr. President, I
5 strongly urge you to reconsider your ruling.
6 ACTING PRESIDENT BAILEY: Thank
7 you, Senator Ashby.
8 I just want to remind the house that
9 the vote is on the procedures of the house and
10 the ruling of the chair.
11 Those in favor of overruling the
12 chair please signify by saying aye.
13 (Response of "Aye.")
14 SENATOR LANZA: Show of hands.
15 ACTING PRESIDENT BAILEY: A show of
16 hands has been requested and so ordered.
17 Announce the results.
18 THE SECRETARY: Ayes, 20.
19 ACTING PRESIDENT BAILEY: The
20 ruling of the chair stands, and the bill-in-chief
21 is before the house.
22 SENATOR GIANARIS: Mr. President,
23 can we restore this to the noncontroversial
24 calendar, please.
25 ACTING PRESIDENT BAILEY: The bill
4239
1 will be restored to the noncontroversial
2 calendar.
3 Read the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT BAILEY: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT BAILEY: Announce
10 the results.
11 THE SECRETARY: In relation to
12 Calendar 259, those Senators voting in the
13 negative are Senators Ashby, Borrello, Gallivan,
14 Griffo, Helming, Martins, Mattera, Oberacker,
15 O'Mara, Ortt, Palumbo, Rhoads, Rolison, Stec,
16 Tedisco, Walczyk, Weber and Weik.
17 Ayes, 43. Nays, 18.
18 ACTING PRESIDENT BAILEY: The bill
19 is passed.
20 Senator Gianaris, that completes the
21 reading of today's calendar.
22 SENATOR GIANARIS: Is there any
23 further business at the desk?
24 ACTING PRESIDENT BAILEY: There is
25 no further business at the desk.
4240
1 SENATOR GIANARIS: Move to adjourn
2 until tomorrow, Tuesday, May 23rd, at 3:00 p.m.
3 ACTING PRESIDENT BAILEY: On
4 motion, the Senate stands adjourned until
5 Tuesday, May 23rd, at 3:00 p.m.
6 (Whereupon, at 5:02 p.m., the Senate
7 adjourned.)
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