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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 23, 2023
11 3:32 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR ROXANNE J. PERSAUD, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
20
21
22
23
24
25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT PERSAUD: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and recite the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT PERSAUD: Rabbi
9 Dovid Bartfeld, of Khal Mevakshei Hashem, in
10 Thiells, New York, will deliver today's
11 invocation.
12 RABBI BARTFELD: Thank you,
13 Senator Bill Weber, for the opportunity to
14 deliver today's invocation.
15 As we gather in this esteemed
16 Senate chamber, I, a Jewish rabbi who was born in
17 Mexico -- saludos a mis compatriotas -- grew up
18 in Canada, and was ordained in Israel, am deeply
19 humbled and honored to offer today's invocation,
20 reflecting upon the values of selfless service,
21 diversity, and inclusivity that are the bedrock
22 of this great state and nation.
23 The Torah teaches, in Deuteronomy
24 Chapter 16: "Tzedek, Tzedek, Tirdof." "Justice,
25 justice you shall pursue." These words remind us
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1 of our profound responsibility to advocate for
2 the marginalized, the oppressed, and the
3 voiceless. It is a reminder that we must work
4 tirelessly to create a society that embraces the
5 beautiful tapestry of diversity and respects the
6 inherent value of every individual.
7 I commend and appreciate the
8 selfless work of the honorable Senators and their
9 staff, who have dedicated themselves to the
10 betterment of the people they represent. Your
11 tireless efforts, rooted in a sincere desire to
12 uplift the lives of your constituents, reflect
13 the highest ideals of public service.
14 You are shining stars worthy of the
15 verse in Daniel, Chapter 12: "Umatzdikei Harabim
16 Kakochavim." "And those who extend righteousness
17 for the masses shine like stars."
18 The great State of New York, a
19 melting pot of cultures, religions and
20 backgrounds, stands as a testament to the power
21 of inclusion. From the bustling streets of
22 Manhattan to the picturesque landscapes of
23 upstate, this state celebrates the vibrant mosaic
24 of its residents. In this great chamber, we
25 honor the blessings that arise from the shared
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1 experiences, talents, and perspectives that each
2 individual brings. It is through the celebration
3 of diversity that we achieve the loftiest goals
4 of democracy.
5 In the words of the great Jewish
6 Sage Hillel: "Im Ein Ani Li Mi Li, Uksheani
7 Leatzmi Mo Ani." "If I am not for myself, who
8 will be for me? And if I am only for myself,
9 what am I?"
10 As we stand united, may we strive
11 for a just, equitable, and inclusive world where
12 all voices are heard, where every person is
13 respected, and where the rights and dignity of
14 all humans are protected.
15 May the "Ribono Shel Olam," "The
16 Master of the Universe," grant you wisdom,
17 strength, and clarity as you carry out your
18 sacred duty. May you be blessed with the courage
19 to uplift the downtrodden, to champion the rights
20 of the voiceless, and may the impact of your
21 actions be felt far beyond the venerable walls of
22 this chamber.
23 Amen.
24 (Response of "Amen.")
25 ACTING PRESIDENT PERSAUD: Reading
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1 of the Journal.
2 THE SECRETARY: In Senate, Monday,
3 May 22, 2023, the Senate met pursuant to
4 adjournment. The Journal of Sunday, May 21,
5 2023, was read and approved. On motion, the
6 Senate adjourned.
7 ACTING PRESIDENT PERSAUD: Without
8 objection, the Journal stands approved as read.
9 Presentation of petitions.
10 Messages from the Assembly.
11 The Secretary will read.
12 THE SECRETARY: Senator Addabbo
13 moves to discharge, from the Committee on
14 Environmental Conservation, Assembly Bill
15 Number 4928 and substitute it for the identical
16 Senate Bill 2022, Third Reading Calendar 311.
17 Senator Stec moves to discharge,
18 from the Committee on Budget and Revenue,
19 Assembly Bill Number 4976A and substitute it for
20 the identical Senate Bill 4072A, Third Reading
21 Calendar 734.
22 Senator Oberacker moves to
23 discharge, from the Committee on Investigations
24 and Government Operations, Assembly Bill
25 Number 4946A and substitute it for the identical
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1 Senate Bill 2199A, Third Reading Calendar 890.
2 Senator Stec moves to discharge,
3 from the Committee on Investigations and
4 Government Operations, Assembly Bill Number 4881A
5 and substitute it for the identical Senate Bill
6 2781A, Third Reading Calendar 892.
7 Senator May moves to discharge, from
8 the Committee on Investigations and Government
9 Operations, Assembly Bill Number 3075A and
10 substitute it for the identical Senate Bill
11 3535A, Third Reading Calendar 896.
12 Senator Stec moves to discharge,
13 from the Committee on Investigations and
14 Government Operations, Assembly Bill Number 5339A
15 and substitute it for the identical Senate Bill
16 4088A, Third Reading Calendar 899.
17 Senator Oberacker moves to
18 discharge, from the Committee on Investigations
19 and Government Operations, Assembly Bill Number
20 5279A and substitute it for the identical
21 Senate Bill 4593A, Third Reading Calendar 904.
22 Senator Stec moves to discharge,
23 from the Committee on Investigations and
24 Government Operations, Assembly Bill Number 5340A
25 and substitute it for the identical Senate Bill
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1 4735A, Third Reading Calendar 905.
2 Senator O'Mara moves to discharge,
3 from the Committee on Investigations and
4 Government Operations, Assembly Bill Number 5008A
5 and substitute it for the identical Senate Bill
6 4975A, Third Reading Calendar 906.
7 Senator Helming moves to discharge,
8 from the Committee on Investigations and
9 Government Operations, Assembly Bill Number 4128A
10 and substitute it for the identical Senate Bill
11 5002A, Third Reading Calendar 907.
12 Senator Helming moves to discharge,
13 from the Committee on Investigations and
14 Government Operations, Assembly Bill Number 3645A
15 and substitute it for the identical Senate Bill
16 5118A, Third Reading Calendar 909.
17 Senator Oberacker moves to
18 discharge, from the Committee on Investigations
19 and Government Operations, Assembly Bill Number
20 3233A and substitute it for the identical
21 Senate Bill 5501A, Third Reading Calendar 913.
22 Senator Breslin moves to discharge,
23 from the Committee on Investigations and
24 Government Operations, Assembly Bill Number 5345A
25 and substitute it for the identical Senate Bill
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1 5606A, Third Reading Calendar 915.
2 Senator O'Mara moves to discharge,
3 from the Committee on Investigations and
4 Government Operations, Assembly Bill Number 4918A
5 and substitute it for the identical Senate Bill
6 5610A, Third Reading Calendar 917.
7 Senator O'Mara moves to discharge,
8 from the Committee on Investigations and
9 Government Operations, Assembly Bill Number 4915A
10 and substitute it for the identical Senate Bill
11 5612A, Third Reading Calendar 919.
12 ACTING PRESIDENT PERSAUD: So
13 ordered.
14 Messages from the Governor.
15 Reports of standing committees.
16 Reports of select committees.
17 Communications and reports from
18 state officers.
19 Motions and resolutions.
20 Senator Gianaris.
21 SENATOR GIANARIS: Good afternoon,
22 Madam President.
23 I move to adopt the
24 Resolution Calendar with the exception of
25 Resolutions 1008 and 1041.
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1 (Pause.)
2 SENATOR GIANARIS: Madam President.
3 ACTING PRESIDENT PERSAUD: Senator
4 Gianaris.
5 SENATOR GIANARIS: Correction.
6 Let's move to adopt the Resolution Calendar with
7 the exception of Resolution 1041 only.
8 ACTING PRESIDENT PERSAUD: All
9 those in favor of adopting the Resolution
10 Calendar, with the exception of Resolution 1041,
11 please signify by saying aye.
12 (Response of "Aye.")
13 ACTING PRESIDENT PERSAUD: Opposed,
14 nay.
15 (No response.)
16 ACTING PRESIDENT PERSAUD: The
17 Resolution Calendar is adopted.
18 Senator Gianaris.
19 SENATOR GIANARIS: Madam President,
20 we're going to begin with an introduction by
21 Senator Jackson. Please recognize him.
22 ACTING PRESIDENT PERSAUD: Senator
23 Jackson for an introduction.
24 SENATOR JACKSON: Thank you,
25 Madam President.
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1 My colleagues, I rise together in
2 this space, the Senate chambers, to introduce to
3 you parts of the Bangladeshi community to my left
4 up there in the audience, a lively mosaic of
5 diverse forces bound by the common purpose of
6 embracing diversity and fostering understanding.
7 We welcome you in Albany with great
8 joy as the New York State Legislature proudly
9 stands shoulder to shoulder with the remarkable
10 coalition of Bangladeshi Americans.
11 On this momentous occasion, we are
12 truly thrilled to have you join us here in Albany
13 as the New York State Legislature proudly stands
14 united with the coalition under the leadership of
15 Joynal Abeden and Shahana Masum, of the
16 Bangladeshi American Group; Afaf Nashir Council
17 on American-Islamic Relations, known as CAIR-NY;
18 and the leadership of Mir Masum Ali and
19 Tariqur Rahman of the New York Muslim Action
20 Network. Together, we stand united to champion
21 the priorities of the Bangladeshi American
22 community.
23 We commend your unwavering
24 commitment to improve the lives of Bangladeshi
25 Americans. Your tireless efforts are truly
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1 commendable, and we deeply appreciate your
2 presence here in Albany.
3 They came up, two buses, and they
4 lobbied both Senators and Assemblymembers in
5 their respective offices.
6 But by sharing the unique
7 perspective and experiences of this community,
8 the Bangladeshi community, you play an
9 indispensable role in shaping policies that will
10 bring positive change.
11 And once again, a warm welcome to
12 BAAG, the Bangladeshi American Advocacy Group.
13 Thank you for your gracing us with your presence,
14 and I eagerly anticipate the impactful work we
15 will work together to achieve. Let us forge
16 ahead, hand in hand, towards a brighter future
17 for all Bangladeshi Americans. We will
18 tirelessly work to create a better tomorrow.
19 Madam President, I ask you to please
20 welcome them and give them all of the privileges
21 of the house.
22 ACTING PRESIDENT PERSAUD: To our
23 guests, I welcome you on behalf of the Senate.
24 We extend to you the privileges and courtesies of
25 this house.
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1 Please rise and be recognized.
2 (Standing ovation.)
3 ACTING PRESIDENT PERSAUD: Senator
4 Gianaris.
5 SENATOR GIANARIS: Now let's move on
6 to previously adopted Resolution 492, by
7 Senator Sepúlveda.
8 ACTING PRESIDENT PERSAUD: The
9 Secretary will read.
10 THE SECRETARY: Senate Resolution
11 492, by Senator Sepúlveda, memorializing
12 Governor Kathy Hochul to proclaim May 23, 2023,
13 as Taiwan Heritage Day in the State of New York.
14 ACTING PRESIDENT PERSAUD: Senator
15 Sepúlveda on the resolution.
16 SENATOR SEPÚLVEDA: Thank you,
17 Madam President, for allowing me to speak on the
18 resolution.
19 As you know, this country, this
20 state, has a very close relationship with Taiwan.
21 And we work very closely with TECO, the
22 organization that does the work for Taiwan and
23 has been very, very helpful to the State of
24 New York.
25 You know, I know about, I've spoken
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1 about the relationship we have with Taiwan.
2 They're one of New York State's greatest trading
3 partners. In the State of New York they have
4 over 300 businesses, companies running here,
5 providing jobs and economic opportunities for
6 people in the State of New York.
7 Now I rise and I speak today on this
8 resolution to proclaim May 23, 2023, as
9 Taiwan Heritage Day. I had the honor and
10 privilege of visiting Taiwan in 2016, and I can
11 tell you that I recommend it and encourage all of
12 you to at least visit one time in your life.
13 They have universal healthcare.
14 Crime is almost nonexistent there. For a very
15 short period -- they became a democracy
16 officially in 1996, and their democracy, the
17 democratic principles in some cases have
18 surpassed ours. Their current president is a
19 female, and I believe their vice president. And
20 I believe, unless I'm incorrect, that it's
21 mandated by law that about 30 percent of their
22 locally elected individuals have to be women. It
23 may be higher, but I believe it's 30 percent.
24 You know, we had about
25 $135.5 billion in bilateral trade with Taiwan in
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1 2022.
2 To me, presenting this resolution as
3 I've done over the years, I'm happy that
4 Senator John Liu and Senator Chu are here now to
5 essentially direct this effort, and they did a
6 great job today. But I just want to announce
7 some of the individuals that are here today.
8 We have of course our ambassador,
9 Director General James Lee. We have our deputy
10 director general, Hans Chunyu Chang. We have the
11 director of the political division for TECO,
12 Mr. Fuyuan Liu, not related to John Liu. And we
13 have -- from the consular office we have
14 Michelle Yi-yuan Chen.
15 There are other community leaders
16 here. I'll allow John or Senator Chu to announce
17 who they are.
18 But from my point of view here, I
19 can tell you that one of the greatest countries
20 I've ever visited was Taiwan. And I think that
21 it's important that we recognize their
22 contributions with this resolution and that we
23 all look forward to working with the country,
24 protecting their democratic principles. We know
25 what's going on with the area, the geopolitics
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1 there. But it is our responsibility as one of
2 our closest allies, neighbors in that region, to
3 make sure we do everything we can to cooperate
4 with them and cooperate in the defense.
5 So it's an honor for me to present
6 this resolution. And it's an honor for me to
7 present the people that are here today. They're
8 great friends.
9 And to close, I can tell you that
10 every year, every year since I've been
11 elected, since -- for the last 10 years, first in
12 the Assembly and now in the Senate, I have
13 represented the poorest districts in the state.
14 And every year the biggest contributor of toys
15 for the kids in my community, mostly poor
16 children, has been TECO and Taiwan and the
17 Taiwanese American organizations that are here in
18 New York State.
19 So thank you for your generosity.
20 Thank you for your help. Thank you for what you
21 did for us during COVID -- they gave us a lot of
22 face masks. They gave the City of New York over
23 half a million on -- and other PPEs and things of
24 that nature. So thank you always for looking out
25 for the State of New York, looking out for the
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1 Bronx and the people that I represent.
2 I vote proudly aye on this
3 resolution. God bless.
4 (Applause from the galleries.)
5 ACTING PRESIDENT PERSAUD: Senator
6 Chu on the resolution.
7 SENATOR CHU: Thank you,
8 Madam President.
9 Happy Taiwan Heritage Day in the
10 State of New York.
11 First I would like to thank
12 Senator Sepúlveda for introducing this
13 resolution, and to all my colleagues who made
14 today's Taiwan Heritage Day reception successful.
15 This resolution highlights what
16 makes New York so special. All of us here come
17 from different backgrounds that make our
18 perspective unique, and we are able to celebrate
19 a variety of cultures, just like today, and
20 understand how our individuality influences the
21 work we do on this floor.
22 As the first Asian-American woman
23 elected to the State Senate, I have to say I'm
24 very proud that Taiwan raised me well. I came to
25 this country 17 years ago. I was born and raised
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1 in Taiwan in the past 27 years. So being a
2 Taiwanese American, as an immigrant myself, it's
3 like a marriage. You grew up in a family, and
4 you married into a new family here. And all you
5 want to do is to make sure you do everything you
6 can to make your new family proud and make your
7 old family, where you were from, proud.
8 I'm happy to be here to complete my
9 dream in academics. And I was absolutely proud
10 to be the one to be able to speak on the floor
11 and also reflecting the value that the Taiwanese
12 community also shares with our New York
13 communities here. Because in Taiwan and
14 New York, we share many democratic values and
15 long-term social visions. My Taiwanese heritage
16 definitely brings me a great benefit to my role
17 as a state legislator of New York.
18 And this is why I would like to
19 welcome our great guests -- Director General
20 Mr. James Lee (in Chinese), the delegation,
21 Raymond Tsang, from CCBA, and many community
22 leaders -- to our chamber today. Thank you for
23 traveling up to New York for this occasion. And
24 I hope you enjoy the time here in New York.
25 And for this reason,
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1 Madam President, I proudly vote aye. Thank you.
2 ACTING PRESIDENT PERSAUD: Thank
3 you.
4 Senator Stavisky on the resolution.
5 SENATOR STAVISKY: Thank you.
6 Thank you, Madam President.
7 Welcome to my friends from Taiwan.
8 I used to represent the Flushing
9 area up until January. But I still have so many
10 friends both in the government and in the
11 community, and I really want to welcome all of
12 you to the Capitol in Albany. You've come for
13 many years. And especially Ambassador Lee, I
14 thank you.
15 And I on two occasions visited
16 Taiwan, the Republic of China, and I -- the most
17 memorable experience, I must tell you, was the
18 friendliness, the fact that I felt very much at
19 home walking the streets of Taipei and other
20 parts of Taiwan.
21 For example, I took the high-speed
22 rail from Taipei down to Kaohsiung. That was an
23 experience. It's something that we should
24 replicate between here and Albany, I must tell
25 you. I think we'd all be a lot happier if we did
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1 have a high-speed rail, because you didn't
2 realize you were moving that quickly until a
3 train passed in the other direction.
4 And when we got to Kaohsiung -- and
5 as you know, I chair the Committee on Higher
6 Education -- I had the opportunity to visit the
7 National University. Very much -- it reminded me
8 very much of Kingsborough Community College. It
9 was on the water, the students were active, and
10 it was a great experience.
11 So I welcome you all, and hopefully
12 we'll all come together again next year.
13 Thank you, Madam President.
14 ACTING PRESIDENT PERSAUD: Thank
15 you.
16 Senator Liu on the resolution.
17 SENATOR LIU: Thank you,
18 Madam President.
19 I agree with everything that my
20 colleagues have said already on this particular
21 resolution. And I will only add that, you know,
22 Taiwan has in recent decades become a beacon of
23 democracy and hope all across the world, even as
24 Taiwan continues to face threats. It is really
25 the purveyor of high technology, culture, great
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1 food.
2 And, you know, we have a couple of
3 other special imports -- Senator Chu herself.
4 (Laughter.)
5 SENATOR LIU: And, Madam President,
6 you know what's stamped on the back of my neck
7 here: "Made in Taiwan."
8 And that's what the pride is all
9 about. It is about celebrating a democracy that
10 we hold dear to our hearts, and I know many of
11 our colleagues in this chamber do as well.
12 And so I join all of you in
13 welcoming our guests from -- some from the
14 Capitol area, mainly most from New York City.
15 But nonetheless, we have a vibrant Taiwanese
16 community all across the state.
17 Thank you, Ambassador Lee, as well
18 as -- he's on that side. Oh. He's right there.
19 Ambassador Lee --
20 (Laughter.)
21 SENATOR LIU: -- as well as our
22 community leaders, many of whom have been
23 mentioned. But not yet mentioned, Patsy Feng --
24 Patsy Fong, and also Tom Su and many others.
25 Madam President, I proudly vote yes
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1 on this resolution.
2 ACTING PRESIDENT PERSAUD: To our
3 guests, I welcome you on behalf of the Senate.
4 We extend to you the privileges and courtesies of
5 this house.
6 Please rise and be recognized.
7 (Standing ovation.)
8 ACTING PRESIDENT PERSAUD: The
9 resolution was previously adopted on March 9th.
10 Senator Gianaris.
11 SENATOR GIANARIS: Next up is
12 Resolution 1041, by Senator Serrano. Please read
13 its title and recognize Senator Serrano.
14 ACTING PRESIDENT PERSAUD: The
15 Secretary will read.
16 THE SECRETARY: Senate Resolution
17 1041, by Senator Serrano, mourning the death of
18 Robin Dropkin, unwavering champion of public
19 lands and environmental protection.
20 ACTING PRESIDENT PERSAUD: Senator
21 Serrano on the resolution.
22 SENATOR SERRANO: Thank you very
23 much, Madam President.
24 I would like to thank the Senate and
25 my colleagues for supporting this resolution
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1 today honoring the life and many contributions of
2 Robin Dropkin, a fierce advocate for our parks
3 and open spaces, who passed away earlier this
4 year.
5 Since 2001, Robin Dropkin was the
6 executive director of Parks & Trails New York.
7 Many of us knew her as a strong and consistent
8 voice helping to shape New York's policy towards
9 our beloved parks.
10 This past March, Parks & Trails
11 New York held its annual Parks Advocacy Day here
12 in Albany, and it was in-person for the first
13 time in a number of years. As chair of the
14 Senate Committee on Parks, this day is always one
15 of my favorite days of the year. But this year's
16 event was a tough one for many of us, because it
17 was our first without Robin. For many years, on
18 Parks day and beyond, Robin helped all of us to
19 articulate the many reasons why parks are
20 essential -- and indeed transformative in our
21 lives.
22 During her many years of work and
23 leadership at Parks & Trails New York, she
24 influenced the public land movement in New York
25 State and also touched so many people
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1 individually. I recall back in May of 2010,
2 budget constraints led to a proposal to close
3 nearly 90 state parks across New York State.
4 Many of us in the Legislature, in a rare display
5 of bipartisanship, worked together to stop this
6 plan. With Robin's unwavering support, and with
7 the galvanized grassroots movement to save our
8 parks, we were able to push back against that
9 proposal and keep our parks open.
10 Ever since then, there has been a
11 renewed focus on the value that New York's parks
12 and public lands offer. This had led to record
13 use as well as sustained year-over-year
14 investment in our parks, trails and historic
15 sites.
16 This evolution of thinking in how we
17 view and how we support our public spaces is a
18 testament to Robin's work and her calm,
19 compassionate and unrelenting persistence on
20 public park access and outdoor recreation.
21 Indeed, I am so grateful to be chair of the
22 Committee on Parks for a thousand reasons, but
23 one of them being that it is the wonderful people
24 that we meet in the world of parks advocacy, none
25 greater than Robin Dropkin.
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1 I would like to acknowledge Robin's
2 family who are here to join us here in the Senate
3 gallery today, as well as her Parks and Trails
4 family. We are joined by Robin's husband Chip
5 and her son Dan, friends and family, and the
6 Parks & Trails New York team that continues
7 fighting for public land and public spaces for
8 all New Yorkers. Thank you so much. My
9 condolences to the family.
10 Thank you so much, Madam President.
11 ACTING PRESIDENT PERSAUD: To our
12 guests, I welcome you on behalf of the Senate.
13 We extend to you the privileges and courtesies of
14 this house.
15 Please rise and be recognized.
16 (Standing ovation.)
17 ACTING PRESIDENT PERSAUD: The
18 question is on the resolution. All those in
19 favor signify by saying aye.
20 (Response of "Aye.")
21 ACTING PRESIDENT PERSAUD: Opposed,
22 nay.
23 (No response.)
24 ACTING PRESIDENT PERSAUD: The
25 resolution is adopted.
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1 Senator Gianaris.
2 SENATOR GIANARIS: Now let's move
3 to previously adopted Resolution 1017, by
4 Senator Ramos, read its title and recognize
5 Senator Ramos.
6 ACTING PRESIDENT PERSAUD: The
7 Secretary will read.
8 THE SECRETARY: Senate Resolution
9 1017, by Senator Ramos, honoring the Lexington
10 School for the Deaf upon the occasion of hosting
11 its 26th annual Esther Lusting Memorial
12 Basketball Classic vs. Assembly/Senate All-Stars
13 on May 23, 2003.
14 ACTING PRESIDENT PERSAUD: Senator
15 Ramos on the resolution.
16 SENATOR RAMOS: Thank you,
17 Madam President.
18 I'd like to welcome my friends and
19 constituents from the Lexington School for the
20 Deaf. This school is a true New York institution
21 dating all the way back to 1864, when it started
22 as lessons with a private tutor in a living room
23 in downtown Manhattan. But in 1968, their
24 student body grew so much that they needed a
25 permanent home. So I'm very proud to say they
4266
1 chose East Elmhurst, Queens, and have been an
2 active part of our community ever since.
3 In addition to providing an
4 excellent education to children from across the
5 city, the Lexington School for the Deaf is the
6 largest school for deaf children in the entire
7 State of New York. In addition to providing
8 classes for students from preschool through
9 high school, they offer support classes for
10 parents of deaf infants and toddlers, foreign
11 language transition classes, special-needs
12 classes, and a dormitory for students requiring
13 additional academic support.
14 See, they're quickly filing in now.
15 Queens is very proud to have them as
16 our neighbor. It was actually much to my dismay
17 that the funding for the school had been cut in
18 this year's Executive Budget, but I'm proud to
19 say that we fully restored their funding in both
20 the Senate one-house, of course, and the final
21 enacted budget.
22 I care about this institution so
23 much not only because they are a valued member of
24 our community in Queens, but because they
25 support -- because the support they provide is
4267
1 actually very personal to me. My mother is
2 partially deaf, and the support that the
3 Lexington School provides to families like mine
4 is invaluable.
5 I'm looking forward to tonight's
6 baseball game, where I know that my neighbors
7 will make all of us who are #seenin13 very proud.
8 I'm very happy to have you guys here today.
9 Thank you, Madam President.
10 ACTING PRESIDENT PERSAUD: To our
11 guests, I welcome you on behalf of the Senate.
12 We extend to you the privileges and courtesies of
13 this house.
14 Please rise and be recognized.
15 (Standing ovation.)
16 ACTING PRESIDENT PERSAUD: The
17 resolution was previously adopted on 5/16.
18 Senator Gianaris.
19 SENATOR GIANARIS: Previously
20 adopted Resolution 182, by Senator Gallivan,
21 please. Read its title and recognize
22 Senator Gallivan.
23 ACTING PRESIDENT PERSAUD: The
24 Secretary will read.
25 THE SECRETARY: Senate Resolution
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1 182, by Senator Gallivan, memorializing
2 Governor Kathy Hochul to proclaim May 14-20,
3 2023, as Police Week in the State of New York.
4 ACTING PRESIDENT PERSAUD: Senator
5 Gallivan on the resolution.
6 SENATOR GALLIVAN: Thank you,
7 Madam President.
8 I'm proud to stand in support of
9 Police Week in New York State and across the
10 country.
11 Since 1962, a week in May has been
12 set aside annually as a time to recognize those
13 law enforcement officers who have lost their
14 lives in the line of duty. It's a reminder of
15 the dangers these dedicated public servants
16 confront on a daily basis. Last year alone, 226
17 police officers made the ultimate sacrifice while
18 protecting citizens across the United States.
19 Just a couple of weeks ago, many of
20 us gathered outside on the plaza as the names of
21 55 officers were added to the New York State
22 Police Officers Memorial: Men and women from
23 Long Island to Western New York who died in
24 service to others. This includes officers who
25 died from illnesses resulting from their service
4269
1 at Ground Zero in the wake of 9/11.
2 As many of you know, I come from a
3 family of law enforcement officers and proudly
4 served as a New York State Trooper and the
5 sheriff of Erie County. I know firsthand the
6 sacrifices and dedication that these individuals
7 make, and I have great respect and admiration for
8 police officers who work every day to keep our
9 communities safe.
10 We all know that a job in law
11 enforcement is dangerous and difficult. Just
12 this morning, in Saratoga County, two sheriff
13 deputies were shot while executing a search
14 warrant. To my knowledge, neither one of them
15 suffered life-threatening injuries, but
16 nonetheless an illustration just close by of the
17 dangers that these police officers face.
18 We're fortunate that despite the
19 risks and challenges, hundreds of thousands of
20 dedicated officers are on the job every day
21 across the country enforcing our laws and working
22 to keep our communities safe.
23 As we honor those who have fallen, I
24 think it's also important to thank those who
25 serve. We are represented in the gallery, this
4270
1 entire section in this back corner, by those who
2 serve -- not only by those who serve, but they
3 also serve organizations that represent nearly
4 every police officer in New York State. The
5 Police Conference of New York is represented.
6 New York State Troopers PBA represented. New
7 York City PBA represented. Sheriffs offices,
8 among others, and local police departments
9 represented as well.
10 And I thank them for their service,
11 and I thank them in particular for standing up
12 for police officers, to try to better their
13 working conditions, standing up for their
14 families in times of need. And in particular,
15 there's two individuals in the gallery that I
16 would like to thank for their dedication over the
17 years, both retiring this year. First, Ritchie
18 Wells from PCNY, culminating a 50-year career,
19 the last 16 as president of the Police Conference
20 of New York; and Pat Lynch, from the New York
21 City PBA, who has served in that capacity, if I'm
22 not mistaken, for the last 23 or 24 years.
23 I join my colleagues in calling on
24 the Governor to proclaim this year's Police Week
25 in the State of New York. I ask my colleagues to
4271
1 support their local police agencies, to thank
2 them for the work that they do, and to work
3 together to try to help provide them the tools
4 necessary to keep our communities safe.
5 And finally, Madam President, I very
6 humbly and proudly vote yes on this resolution.
7 Thank you.
8 ACTING PRESIDENT PERSAUD: Senator
9 Rolison on the resolution.
10 SENATOR ROLISON: Thank you,
11 Madam President.
12 I rise today to speak in favor of
13 this resolution, together with my friend and
14 colleague Senator Gallivan.
15 I cosponsored a resolution
16 proclaiming the week of May 14 through 20th as
17 Police Week here in the State of New York. The
18 resolution coincided also with National Police
19 Officer Memorial Day on May 15th, where we honor
20 the sacrifice of those officers killed in the
21 line of duty.
22 As many of you know, I was a police
23 officer myself for over 26 years. My son is
24 currently a police sergeant in Westchester
25 County. I, as a former police officer and as a
4272
1 father, recognize the sacrifices made by all of
2 our law enforcement personnel and especially
3 their families.
4 We can never fully repay them. They
5 wake up every day to go to work not knowing if
6 they may come home or not. But we can honor
7 their legacy here in these chambers.
8 On May 9th we had the Police
9 Officers Memorial event right here on the plaza.
10 Many of our colleagues were there. And sadly, as
11 Senator Gallivan has said, 55 additional names
12 were added in 2023 to that memorial on Empire
13 State Plaza. Today that memorial recognizes
14 1,772 men and women from 150 different police
15 departments, from the State Police, sheriff's
16 office, local municipal jobs, and federal
17 agencies.
18 And engraved on that memorial are
19 the haunting words of Colleen Dillon Bergman.
20 She was the daughter, she is the daughter of
21 Emerson Dillon Jr. He was a 16-year veteran of
22 the New York State Police who was killed in the
23 line of duty in 1974.
24 And what she said was this: "It
25 doesn't matter from which department they came,
4273
1 the feeling of loss is experienced the same." So
2 in this increasingly dangerous time for members
3 of law enforcement, Ms. Bergman's statement is
4 worth remembering.
5 And something that everyone can do,
6 no matter if you have a police officer in your
7 family or not, you know, it's just giving a
8 simple statement to a police officer to say
9 thanks next time you see one, saying thank you
10 for your service or just thanks for keeping us
11 safe. You know, it doesn't seem like much, but
12 believe me, it does go a long way with the men
13 and women on the job.
14 You know, every day we're learning
15 about more innovative ways to keep our
16 communities safe, build community trust. In the
17 City of Poughkeepsie, where I had the honor to be
18 mayor for seven years, we continually strived to
19 be innovative in that approach, to keeping our
20 community safe but at the same time listening to
21 the community, what they wanted, and knowing that
22 a community's trust is the key to long-term
23 success in public safety.
24 I hope to never have to stand before
25 this chamber and announce that we've added more
4274
1 names to that memorial, but we probably will. So
2 much have sacrificed too much. But if I must
3 address the issue, I'll finish Police Week the
4 way I began: God bless you for your service,
5 your sacrifice and commitment to this community.
6 Madam President, through you, I'd
7 like to acknowledge our law enforcement members
8 here today, and organizations, from the
9 39th District: My good friend and former
10 classmate at Marist College in 1980, Sheriff
11 Kevin McConville of Putnam County. Sheriff Paul
12 Arteta of Orange County, and he's joined today by
13 Undersheriffs Evelyn Mallard and Wilfredo Garcia.
14 The Troop K commander, headquartered in
15 Dutchess County, of the New York State Police,
16 Major Kathryne Rohde. The chief of the Town of
17 Poughkeepsie PD, where I worked for 26 years,
18 Joe Cavaliere.
19 And as Senator Gallivan mentioned,
20 Richard Wells of PCNY, who helped me when I was
21 union president for 10 years in the Town of
22 Poughkeepsie. Thank you, Richard, for all that
23 help.
24 And of course to Pat Lynch, the PBA
25 president of the New York City PBA.
4275
1 Madam President, I would ask you if
2 you could extend the courtesy of the house to all
3 our guests. Thank you.
4 ACTING PRESIDENT PERSAUD: Senator
5 Scarcella-Spanton on the resolution.
6 SENATOR SCARCELLA-SPANTON: Thank
7 you, Madam President.
8 I just wanted to take a minute to
9 commemorate National Police Week and thank
10 Senator Gallivan for introducing this this week.
11 I actually come from a family of
12 first responders, both cops, both firefighters,
13 so I have a tremendous amount of respect for the
14 profession and the work that they do to keep our
15 communities safe.
16 I most importantly wanted to
17 highlight that just a few days ago we had our
18 memorial service for those we've lost, either in
19 the line of duty or due to 9/11-related
20 illnesses. So we see the repercussions of the
21 work that they do. From the last 20-plus years
22 since 9/11, we see those effects.
23 My uncle passed away due to a
24 9/11-related cancer. He was in the FDNY. My
25 other uncle, Tommy Sullivan, who is proudly
4276
1 retired from ESU, still suffers from illnesses
2 due to 9/11-related health issues.
3 So I'm really happy to stand here on
4 the floor to support this, and I proudly vote
5 aye. Thank you.
6 ACTING PRESIDENT PERSAUD: Senator
7 Mayer on the resolution.
8 SENATOR MAYER: Thank you,
9 Madam President.
10 I also rise and thank Senator
11 Gallivan for his leadership in bringing this
12 resolution to the floor for National Police Week.
13 You know, I've been very proud
14 working with my colleagues in our conference to
15 ensure that our conversations with the police
16 department, whatever our agreements and
17 disagreements, reflected our profound respect and
18 admiration and deep sense of gratitude for the
19 work they have done and the work they continue to
20 do.
21 I know a number of my friends and
22 colleagues that I've worked with are up in the
23 gallery, and I want to commend them. Because it
24 is a commitment to our society of laws and
25 justice that propels so many of these men and
4277
1 women to take on this most difficult occupation.
2 They put themselves in harm's way, and they
3 understand the goals of public safety and
4 reassurance of the public are compatible with the
5 principles of justice. And they do their very
6 best to ensure that both of these principles are
7 carried out while they put themselves in harm's
8 way.
9 We're incredibly grateful to them
10 for their commitment, for their service, for
11 their sacrifice. I know some members of my great
12 Yonkers Police Department are here today. But
13 for all the police departments across New York
14 State that have brought young men and women into
15 this profession in a most difficult time, and
16 done so with intelligence and thoughtfulness and
17 a commitment to our society of law and justice,
18 today we commend them and we honor them and honor
19 National Police Week.
20 Thank you very much.
21 ACTING PRESIDENT PERSAUD: Senator
22 Weik on the resolution.
23 SENATOR WEIK: Thank you,
24 Madam President.
25 Today I rise to acknowledge Police
4278
1 Week, which has always been a really big week in
2 my family, of course being a family of police
3 officers -- my husband a recently retired Suffolk
4 County police officer, and my son is a New York
5 State Trooper. And we're very proud of the work
6 that they do.
7 Every day they put on their uniform
8 and we as a family know that we may or may not
9 see them later on in the day. And that's a risk
10 that they take willingly. And it's a risk that
11 the family understands well. And every night
12 when I hear the ripping of the Velcro of that
13 bulletproof vest coming off, that's the happiest
14 sound I know.
15 And for that I want to thank all of
16 our police officers who take that risk on a
17 regular basis, no matter what the atmosphere in
18 our country and in our state.
19 And I now have the great privilege
20 of being able to represent not just Suffolk
21 County police, but also Nassau County police. I
22 know many of them are here today. And I want to
23 say thank you so much for all that you do to
24 protect us every single day.
25 Thank you.
4279
1 ACTING PRESIDENT PERSAUD: To our
2 guests, I welcome you on behalf of the Senate.
3 We extend to you the privileges and courtesies of
4 this house.
5 Please rise and be recognized.
6 (Standing ovation.)
7 ACTING PRESIDENT PERSAUD: The
8 resolution was previously adopted on 1/24.
9 Senator Gianaris.
10 SENATOR GIANARIS: Next up is
11 previously adopted Resolution 806, by
12 Senator Rhoads. Please read that resolution's
13 title and recognize Senator Rhoads.
14 ACTING PRESIDENT PERSAUD: The
15 Secretary will read.
16 THE SECRETARY: Senate Resolution
17 806, by Senator Rhoads, celebrating the life and
18 accomplishments of John P. Kilbride, veteran,
19 police officer and devoted member of his
20 community.
21 ACTING PRESIDENT PERSAUD: Senator
22 Rhoads on the resolution.
23 SENATOR RHOADS: Thank you,
24 Madam President.
25 And thank you for pausing in our
4280
1 deliberations today to recognize our heroes up in
2 the gallery.
3 I also wanted to recognize -- I
4 see -- limited by my eyesight, I see that we
5 have -- I know Pete Paterson and Kevin Mullick
6 are here from our Nassau County PBA. I see
7 Junior Perkins and Jeff Gross. Jeff is our
8 president of the DAI in Nassau County. Welcome,
9 certainly.
10 And I rise in grateful recognition
11 of the life of another true American hero, and
12 that is John Kilbride.
13 We're blessed -- and I know that
14 I've said this before -- that we have men and
15 women such as the men and women in our gallery
16 and such as John Kilbride, who are willing to
17 devote their lives to making sure that we are
18 safe. Whether we talk about the safety of our
19 communities or we talk about the safety of our
20 country, the fact that young men and women are
21 willing to risk everything because their lives
22 are less important than ours, their lives are
23 less significant, and they're willing to put
24 their lives at risk to protect ours, our
25 communities and our country.
4281
1 Now, John or Jack, as he was
2 affectionately known -- "Crazy Jack," as he was
3 affectionately known -- was called home to the
4 Lord. And it's interesting that Jack's nephew,
5 named after him, remarked in his eulogy the
6 famous quote of Winston Churchill, that "I am
7 prepared to meet my maker. Whether my maker is
8 prepared for the ordeal of meeting me is another
9 matter."
10 But he is an individual who was
11 devoted to service. Growing up in the community
12 of Levittown -- and for anyone that's familiar at
13 all with Nassau County, Levittown is known as the
14 first American suburb, America's first suburb,
15 celebrating its 75th anniversary. It was born as
16 a community for veterans in the aftermath of
17 World War 2. And as the son, one of six children
18 of Major John and Agnes Kilbride, he grew up in
19 the Levittown community, going to Division Avenue
20 High School, graduating in 1967, involved in
21 football and wrestling and lacrosse.
22 But 1967, as we know, was the height
23 of the Vietnam War. And upon his graduation, he
24 volunteered to become a member of the
25 United States Marine Corps and was deployed to
4282
1 Da Nang.
2 He served two tours in Vietnam, 1967
3 through 1969, and during that time he received
4 two Purple Hearts -- he earned two Purple Hearts,
5 one at the Battle of Hill 881 and the second at
6 the Battle of Khe Sanh, where he was wounded and
7 was lifted off the hill via a medevac helicopter
8 which was then blown out on one side of the
9 helicopter. And he survived.
10 He was dedicated to public service,
11 becoming a member of the Freeport Police
12 Department in Nassau County, where he served for
13 18 years, serving eight of those years as
14 president of the Freeport Police Benevolent
15 Association, continuing his life of service and
16 protecting our community.
17 He returned to Vietnam in 1983. He
18 was part of the POW-MIA Commission that returned
19 in the mid-1980s for those that were not able to
20 come home. And he remained committed to those
21 efforts throughout his life because, in his
22 words, it was the right thing for him to do as a
23 loyal brother. And he continued to advocate and
24 work for those who were left behind, our POWs and
25 MIAs in Vietnam, and those who suffered continual
4283
1 effects of Agent Orange, throughout the remainder
2 of his 73 years of life.
3 He then worked as a military
4 congressional aide to Congressman Peter King,
5 where he served as an advisor. His life was a
6 life of service.
7 And in that time he also had a
8 beautiful family. He is survived by his wife,
9 Virginia; he has a son, Michael Kilbride, his
10 wife Jodi; Kelly Gaspari and her husband James;
11 and Kristin Ciejka and her husband William, who
12 we are blessed to have with us here in our
13 chamber today. And I certainly want to welcome
14 you and thank you for being here.
15 His brother, by the way,
16 Chuck Kilbride, who himself is a Marine Corps
17 veteran and a major, also is the chairman of the
18 National U.S. Marine Corps Toys for Tots
19 campaign. And by the way, he's watching on
20 video. And he sent me a text message to remind
21 Kristin to smile.
22 (Laughter.)
23 SENATOR RHOADS: But Chuck is an
24 amazing person, but his brother John really is a
25 tremendous American story of service, of joining
4284
1 the family business of serving others. And when
2 you join what they call a warrior tribe like the
3 Kilbride family, that was certainly one to be
4 expected.
5 But his remarkable life is one that
6 we should certainly celebrate. And I want to --
7 somebody far smarter than me once said that you
8 may be remembered for your power or for your
9 fame, but you will be loved for the way you make
10 people feel and the contributions that you make
11 to others.
12 And the way Jack made people feel
13 made them feel love, made them feel respect, made
14 them feel value, and made them feel safety under
15 the blanket of freedom and security that he
16 provided.
17 I want to thank my colleagues here
18 in the State Senate and over in the State
19 Assembly for passing a concurrent resolution
20 recognizing this remarkable accomplishment and
21 celebrating in grateful appreciation for the
22 amazing life of Jack Kilbride.
23 And I would ask you,
24 Madam President, if you would do us the honor of
25 acknowledging Kristin and William, his daughter
4285
1 and son-in-law, welcome them to the chamber and
2 please extend to them all of the privileges and
3 courtesies of the house.
4 Thank you, Madam President.
5 ACTING PRESIDENT PERSAUD: To our
6 guests, I welcome you on behalf of the Senate.
7 We extend to you the privileges and courtesies of
8 this house.
9 Please rise and be recognized.
10 (Standing ovation.)
11 ACTING PRESIDENT PERSAUD: The
12 resolution was previously adopted on 4/25.
13 Senator Gianaris.
14 SENATOR GIANARIS: Madam President,
15 please recognize Senator Hoylman-Sigal for an
16 introduction.
17 ACTING PRESIDENT PERSAUD: Senator
18 Hoylman-Sigal for an introduction.
19 SENATOR HOYLMAN-SIGAL: Thank you,
20 Madam President.
21 I rise to welcome some guests to
22 this august chamber from the Michael J. Fox
23 Foundation for Parkinson's Research. You know
24 the Michael J. Fox Foundation for Parkinson's
25 Research, founded, of course, by Michael J. Fox,
4286
1 the Emmy award-winning actor -- Alex P. Keaton,
2 Marty McFly -- we have a few of those in this
3 chamber, I think.
4 (Laughter.)
5 SENATOR HOYLMAN-SIGAL: Of course
6 the most recent iteration of Michael J. Fox's
7 public persona is based around his living with
8 Parkinson's disease. Parkinson's disease I think
9 you know, Madam President, is a chronic
10 progressive neurological disease, the second-most
11 common neurodegenerative disease in the
12 United States.
13 And Michael J. Fox started this
14 foundation in the year 2000, and since then it's
15 become the largest nonprofit for Parkinson's
16 disease research in the world, raising close to a
17 billion dollars of research in projects to date.
18 And our guests are here to advocate
19 for greater research for this disease. It's
20 estimated that 90,000 individuals are diagnosed
21 annually with Parkinson's in North America,
22 50 percent higher than the 60,000 annual
23 diagnoses that research had previously suggested.
24 Which is why the Michael J. Fox Foundation
25 exists, to uncover this data. There are 65,000
4287
1 New Yorkers living with Parkinson's.
2 And our guests here are advocating
3 for a statewide registry that will contribute to
4 research and data to help patients and families
5 with Parkinson's and ultimately research for a
6 cure. So I wanted to acknowledge them.
7 First we have Julia Pitcher, which
8 is the director of state government relations for
9 the Michael J. Fox Foundation. Zach Hardy, who's
10 the state government relations officer. Their
11 colleagues who are working here, Ginger Landy and
12 Liv Marfleet.
13 And Barbara Zimmerman, who is a
14 caretaker to her husband Jim, who was diagnosed
15 with Parkinson's 17 years ago. As well as being
16 an advocate for Parkinson's, she's a retired
17 nurse and native of Rochester. She's joined here
18 by her daughter Amy and her granddaughter
19 Olivia -- three generations of New Yorkers
20 impacted by Parkinson's disease.
21 I welcome them to the chamber.
22 ACTING PRESIDENT PERSAUD: To our
23 guests, I welcome you on behalf of the Senate.
24 We extended to you the privileges and courtesies
25 of this house.
4288
1 Please rise and be recognized.
2 (Standing ovation.)
3 ACTING PRESIDENT PERSAUD: Senator
4 Gianaris.
5 SENATOR GIANARIS: Now Senator
6 Mayer for another introduction, please.
7 ACTING PRESIDENT PERSAUD: Senator
8 Mayer for an introduction.
9 SENATOR MAYER: Thank you,
10 Madam President.
11 I'm very proud to acknowledge and
12 introduce students -- high school students from
13 across New York State who are here today to
14 attend the 23rd Annual Students Inside Albany
15 Conference sponsored by the League of Women
16 Voters of New York State Education Foundation.
17 And I think many of us have been
18 very fortunate to have these students so-called
19 shadow us today and be part of this process and
20 learn a great deal about what we do, and hear
21 such really powerful words today from my
22 colleagues about a range of issues that affect
23 both our districts and the state at large.
24 These students are here for a number
25 of days to observe the Senate and Assembly in
4289
1 action, to meet with us, and to actually get a
2 sense of what a day is like in the life of a
3 legislator.
4 I know that I have a number of
5 students here from Mamaroneck High School, Port
6 Chester High School, New Rochelle High School,
7 Scarsdale High School. And yet -- and my
8 colleagues have students from many schools in
9 their district.
10 We are very fortunate to have this
11 opportunity to have these young people join us,
12 get a sense of how dignified and special the
13 experience of being in this chamber is, and
14 learning firsthand how important their civil
15 participation is and will be. We need their
16 voices to be heard. We need them to step into
17 this process. And today they get a firsthand
18 glimpse of what it's like to be a Senator or to
19 be an Assemblymember.
20 I hope that you will welcome them to
21 the Senate chamber, give them the privileges and
22 courtesies of the house, and acknowledge their
23 presence here today. They are a very welcome
24 sight for us.
25 Thank you, Madam President.
4290
1 ACTING PRESIDENT PERSAUD: Thank
2 you.
3 To our guests, I welcome you on
4 behalf of the Senate. We extend to you the
5 privileges and courtesies of this house.
6 Please rise and be recognized.
7 (Standing ovation.)
8 ACTING PRESIDENT PERSAUD: Senator
9 Gianaris.
10 SENATOR GIANARIS: Madam President,
11 all of the resolutions we took up today are open
12 for cosponsorship.
13 ACTING PRESIDENT PERSAUD: At the
14 request of the sponsors, all of the resolutions
15 are open for cosponsorship. Should you choose
16 not to cosponsor the resolutions, please notify
17 the desk.
18 Senator Gianaris.
19 SENATOR GIANARIS: Going back to
20 motions for a moment, amendments are offered to
21 the following Third Reading Calendar bills:
22 By Senator Kavanagh, page 34,
23 Calendar Number 782, Senate Print 5984;
24 By Senator Hinchey, page 42,
25 Calendar Number 885, Senate Print 1684.
4291
1 ACTING PRESIDENT PERSAUD: The
2 amendments are received, and the bills will
3 retain their place on the Third Reading Calendar.
4 Senator Gianaris.
5 SENATOR GIANARIS: I also wish to
6 call up the following bills, which were recalled
7 from the Assembly and are now at the desk:
8 Senate Print Numbers 1839, 4097A,
9 and 1066A.
10 ACTING PRESIDENT PERSAUD: The
11 Secretary will read.
12 THE SECRETARY: Calendar Number
13 520, Senate Print 1839, by Senator Sanders, an
14 act to amend the Public Health Law.
15 Calendar Number 606, Senate Print
16 4097A, by Senator Gounardes, an act to amend the
17 Civil Service Law.
18 Calendar Number 154, Senate Print
19 1066A, by Senator Mayer, an act to amend the
20 Criminal Procedure Law.
21 SENATOR GIANARIS: Move to
22 reconsider the vote by which these bills were
23 passed.
24 ACTING PRESIDENT PERSAUD: Call the
25 roll.
4292
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 61.
3 ACTING PRESIDENT PERSAUD: The
4 bills are restored to their place on the Third
5 Reading Calendar.
6 SENATOR GIANARIS: I offer the
7 following amendments.
8 ACTING PRESIDENT PERSAUD: The
9 amendments are received, and the bills will
10 retain their place on the Third Reading Calendar.
11 SENATOR GIANARIS: Please recognize
12 Senator Lanza.
13 ACTING PRESIDENT PERSAUD: Senator
14 Lanza.
15 SENATOR LANZA: Madam President, on
16 behalf of Senator Stec, on page 30 I offer the
17 following amendments to Calendar Number 701,
18 Senate Print 5608, and ask that said bill retain
19 its place on Third Reading Calendar.
20 ACTING PRESIDENT PERSAUD: The
21 amendments are received, and the bill will retain
22 its place on the Third Reading Calendar.
23 Senator Gianaris.
24 SENATOR GIANARIS: Let's take up
25 the reading of the calendar, please.
4293
1 ACTING PRESIDENT PERSAUD: The
2 Secretary will read.
3 THE SECRETARY: Calendar Number
4 311, Assembly Print Number 4928, by
5 Assemblymember Rajkumar, an act to amend the
6 Environmental Conservation Law.
7 ACTING PRESIDENT PERSAUD: 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 PERSAUD: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT PERSAUD: Announce
16 the results.
17 THE SECRETARY: In relation to
18 Calendar Number 311, those Senators voting in the
19 negative are Senators Borrello, O'Mara, Stec and
20 Walczyk.
21 Ayes, 57. Nays, 4.
22 ACTING PRESIDENT PERSAUD: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 420, Senate Print 205, by Senator Cleare, an act
4294
1 to amend the Banking Law.
2 SENATOR LANZA: Lay it aside.
3 ACTING PRESIDENT PERSAUD: Lay it
4 aside.
5 THE SECRETARY: Calendar Number 734,
6 Assembly Bill 4976A, by Assemblymember Simpson,
7 an act to amend the Tax Law.
8 ACTING PRESIDENT PERSAUD: There is
9 a home-rule message at the desk.
10 Read the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT PERSAUD: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT PERSAUD: Announce
17 the results.
18 THE SECRETARY: In relation to
19 Calendar 734, those Senators voting in the
20 negative are Senators Canzoneri-Fitzpatrick,
21 Hinchey, Lanza, Mannion, Martinez, Skoufis and
22 Webb.
23 Ayes, 54. Nays, 7.
24 ACTING PRESIDENT PERSAUD: The bill
25 is passed.
4295
1 THE SECRETARY: Calendar Number
2 890, Assembly Print 4946A, by Assemblymember
3 Tague, an act to amend the Tax Law.
4 ACTING PRESIDENT PERSAUD: There is
5 a home-rule message at the desk.
6 Read the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT PERSAUD: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT PERSAUD: Announce
13 the results.
14 THE SECRETARY: In relation to
15 Calendar 890, those Senators voting in the
16 negative are Senators Canzoneri-Fitzpatrick,
17 Hinchey, Lanza, Mannion, Martinez, Skoufis and
18 Webb.
19 Ayes, 54. Nays, 7.
20 ACTING PRESIDENT PERSAUD: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 892, Assembly Print Number 4881A, by
24 Assemblymember Simpson, an act to amend
25 Chapter 368 of the Laws of 2008.
4296
1 ACTING PRESIDENT PERSAUD: There's
2 a home-rule message at the desk.
3 Read the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT PERSAUD: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT PERSAUD: Announce
10 the results.
11 THE SECRETARY: In relation to
12 Calendar 892, those Senators voting in the
13 negative are Senators Canzoneri-Fitzpatrick,
14 Hinchey, Lanza, Mannion, Martinez, Skoufis and
15 Webb.
16 Ayes, 54. Nays, 7.
17 ACTING PRESIDENT PERSAUD: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 896, Assembly Print Number 3075A, by
21 Assemblymember Magnarelli, an act to amend the
22 Tax Law.
23 ACTING PRESIDENT PERSAUD: There is
24 a home-rule message at the desk.
25 Read the last section.
4297
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT PERSAUD: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT PERSAUD: Announce
7 the results.
8 THE SECRETARY: In relation to
9 Calendar 896, those Senators voting in the
10 negative are Senators Canzoneri-Fitzpatrick,
11 Hinchey, Lanza, Mannion, Martinez, Skoufis and
12 Webb.
13 Ayes, 54. Nays, 7.
14 ACTING PRESIDENT PERSAUD: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 897, Senate Print 4068A, by Senator Borrello, an
18 act to amend the Tax Law.
19 ACTING PRESIDENT PERSAUD: There's
20 a home-rule message at the desk.
21 Read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT PERSAUD: Call the
25 roll.
4298
1 (The Secretary called the roll.)
2 ACTING PRESIDENT PERSAUD: Announce
3 the results.
4 THE SECRETARY: In relation to
5 Calendar 897, those Senators voting in the
6 negative are Senators Canzoneri-Fitzpatrick,
7 Hinchey, Lanza, Mannion, Martinez, Skoufis and
8 Webb.
9 Ayes, 54. Nays, 7.
10 ACTING PRESIDENT PERSAUD: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 899, Assembly Print Number 5339A, by
14 Assemblymember Jones, an act to amend the
15 Tax Law.
16 ACTING PRESIDENT PERSAUD: There is
17 a home-rule message at the desk.
18 Read the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT PERSAUD: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT PERSAUD: Announce
25 the results.
4299
1 THE SECRETARY: In relation to
2 Calendar Number 899, those Senators voting in the
3 negative are Senators Canzoneri-Fitzpatrick,
4 Hinchey, Lanza, Mannion, Martinez, Skoufis and
5 Webb.
6 Ayes, 54. Nays, 7.
7 ACTING PRESIDENT PERSAUD: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 902, Senate Print 4567A, by Senator Stec, an act
11 to amend the Tax Law.
12 ACTING PRESIDENT PERSAUD: There is
13 a home-rule message at the desk.
14 Read the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT PERSAUD: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT PERSAUD: Announce
21 the results.
22 THE SECRETARY: In relation to
23 Calendar Number 902, those Senators voting in the
24 negative are Senators Canzoneri-Fitzpatrick,
25 Hinchey, Lanza, Mannion, Martinez, Skoufis and
4300
1 Webb.
2 Ayes, 54. Nays, 7.
3 ACTING PRESIDENT PERSAUD: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 903, Senate Print 4585A, by Senator Oberacker, an
7 act to amend Chapter 333 of the Laws of 2006.
8 ACTING PRESIDENT PERSAUD: There's
9 a home-rule message at the desk.
10 Read the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT PERSAUD: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: In relation to
17 Calendar 903, those Senators voting in the
18 negative are Senators Canzoneri-Fitzpatrick,
19 Hinchey, Lanza, Mannion, Martinez, Skoufis and
20 Webb.
21 Ayes, 54. Nays, 7.
22 ACTING PRESIDENT PERSAUD: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 904, Assembly Print Number 5279A, by
4301
1 Assemblymember Tague, an act to amend the
2 Tax Law.
3 ACTING PRESIDENT PERSAUD: There is
4 a home-rule message at the desk.
5 Read the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT PERSAUD: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT PERSAUD: Announce
12 the results.
13 THE SECRETARY: In relation to
14 Calendar 904, those Senators voting in the
15 negative are Senators Canzoneri-Fitzpatrick,
16 Hinchey, Lanza, Mannion, Martinez, Skoufis and
17 Webb.
18 Ayes, 54. Nays, 7.
19 ACTING PRESIDENT PERSAUD: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 905, Assembly Print Number 5340A, by
23 Assemblymember Jones, an act to amend the
24 Tax Law.
25 ACTING PRESIDENT PERSAUD: There is
4302
1 a home-rule message at the desk.
2 Read the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT PERSAUD: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT PERSAUD: Announce
9 the results.
10 THE SECRETARY: In relation to
11 Calendar 905, those Senators voting in the
12 negative are Senators Canzoneri-Fitzpatrick,
13 Hinchey, Lanza, Mannion, Martinez, Skoufis and
14 Webb.
15 Ayes, 54. Nays, 7.
16 ACTING PRESIDENT PERSAUD: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 906, Assembly Print Number 5008A, by
20 Assemblymember Gallahan, an act to amend the
21 Tax Law.
22 ACTING PRESIDENT PERSAUD: There's
23 a home-rule message at the desk.
24 Read the last section.
25 THE SECRETARY: Section 2. This
4303
1 act shall take effect immediately.
2 ACTING PRESIDENT PERSAUD: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT PERSAUD: Announce
6 the results.
7 THE SECRETARY: In relation to
8 Calendar 906, those Senators voting in the
9 negative are Senators Canzoneri-Fitzpatrick,
10 Hinchey, Lanza, Mannion, Martinez, Skoufis and
11 Webb.
12 Ayes, 54. Nays, 7.
13 ACTING PRESIDENT PERSAUD: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 907, Assembly Print Number 4128A, by
17 Assemblymember Gallahan, an act to amend the
18 Tax Law.
19 ACTING PRESIDENT PERSAUD: There's
20 a home-rule message at the desk.
21 Read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT PERSAUD: Call the
25 roll.
4304
1 (The Secretary called the roll.)
2 ACTING PRESIDENT PERSAUD: Announce
3 the results.
4 THE SECRETARY: In relation to
5 Calendar 907, those Senators voting in the
6 negative are Senators Canzoneri-Fitzpatrick,
7 Hinchey, Lanza, Mannion, Martinez, Skoufis and
8 Webb.
9 Ayes, 54. Nays, 7.
10 ACTING PRESIDENT PERSAUD: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 908, Senate Print 5023A, by Senator Borrello, an
14 act to amend the Tax Law.
15 ACTING PRESIDENT PERSAUD: There is
16 a home-rule message at the desk.
17 Read the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT PERSAUD: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT PERSAUD: Announce
24 the results.
25 THE SECRETARY: In relation to
4305
1 Calendar 908, those Senators voting in the
2 negative are Senators Canzoneri-Fitzpatrick,
3 Hinchey, Lanza, Mannion, Martinez, Skoufis and
4 Webb.
5 Ayes, 54. Nays, 7.
6 ACTING PRESIDENT PERSAUD: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 909, Assembly Print Number 3645A, by
10 Assemblymember Manktelow, an act to amend the
11 Tax Law.
12 ACTING PRESIDENT PERSAUD: There's
13 a home-rule message at the desk.
14 Read the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT PERSAUD: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT PERSAUD: Announce
21 the results.
22 THE SECRETARY: In relation to
23 Calendar 909, those Senators voting in the
24 negative are Senators Canzoneri-Fitzpatrick,
25 Hinchey, Lanza, Mannion, Martinez, Skoufis and
4306
1 Webb.
2 Ayes, 54. Nays, 7.
3 ACTING PRESIDENT PERSAUD: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 910, Senate Print 5119A, by Senator Helming, an
7 act to amend the Tax Law.
8 ACTING PRESIDENT PERSAUD: There's
9 a home-rule message at the desk.
10 Read the last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect immediately.
13 ACTING PRESIDENT PERSAUD: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT PERSAUD: Announce
17 the results.
18 THE SECRETARY: In relation to
19 Calendar 910, those Senators voting in the
20 negative are Senators Canzoneri-Fitzpatrick,
21 Hinchey, Lanza, Mannion, Martinez, Skoufis and
22 Webb.
23 Ayes, 54. Nays, 7.
24 ACTING PRESIDENT PERSAUD: The bill
25 is passed.
4307
1 THE SECRETARY: Calendar Number
2 911, Senate Print 5183, by Senator Ortt, an act
3 to amend the Tax Law.
4 ACTING PRESIDENT PERSAUD: There's
5 a home-rule message at the desk.
6 Read the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT PERSAUD: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT PERSAUD: Announce
13 the results.
14 THE SECRETARY: In relation to
15 Calendar 911, those Senators voting in the
16 negative are Senators Canzoneri-Fitzpatrick,
17 Hinchey, Lanza, Mannion, Martinez, Skoufis and
18 Webb.
19 Ayes, 54. Nays, 7.
20 ACTING PRESIDENT PERSAUD: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 912, Senate Print 5348A, by Senator Harckham, an
24 act to amend the Tax Law.
25 ACTING PRESIDENT PERSAUD: There's
4308
1 a home-rule message at the desk.
2 Read the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT PERSAUD: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT PERSAUD: Announce
9 the results.
10 THE SECRETARY: In relation to
11 Calendar 912, those Senators voting in the
12 negative are Senators Canzoneri-Fitzpatrick,
13 Hinchey, Lanza, Mannion, Martinez, Skoufis and
14 Webb.
15 Ayes, 54. Nays, 7.
16 ACTING PRESIDENT PERSAUD: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 913, Assembly Print Number 3233A, by
20 Assemblymember Gunther, an act to amend the
21 Tax Law.
22 ACTING PRESIDENT PERSAUD: There's
23 a home-rule message at the desk.
24 Read the last section.
25 THE SECRETARY: Section 2. This
4309
1 act shall take effect immediately.
2 ACTING PRESIDENT PERSAUD: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT PERSAUD: Announce
6 the results.
7 THE SECRETARY: In relation to
8 Calendar 913, those Senators voting in the
9 negative are Senators Canzoneri-Fitzpatrick,
10 Hinchey, Lanza, Mannion, Martinez, Skoufis and
11 Webb.
12 Ayes, 54. Nays, 7.
13 ACTING PRESIDENT PERSAUD: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 914, Senate Print 5535A, by Senator Oberacker, an
17 act to amend the Tax Law.
18 ACTING PRESIDENT PERSAUD: There's
19 a home-rule message at the desk.
20 Read the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT PERSAUD: May we
24 have some order in the house, please.
25 Call the roll.
4310
1 (The Secretary called the roll.)
2 ACTING PRESIDENT PERSAUD: Announce
3 the results.
4 THE SECRETARY: In relation to
5 Calendar 914, those Senators voting in the
6 negative are Senators Canzoneri-Fitzpatrick,
7 Hinchey, Lanza, Mannion, Martinez, Skoufis and
8 Webb.
9 Ayes, 54. Nays, 7.
10 ACTING PRESIDENT PERSAUD: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 915, Assembly Print Number 5345A, by
14 Assemblymember Santabarbara, an act to amend the
15 Tax Law.
16 ACTING PRESIDENT PERSAUD: There's
17 a home-rule message at the desk.
18 Read the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT PERSAUD: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT PERSAUD: Announce
25 the results.
4311
1 THE SECRETARY: In relation to
2 Calendar 915, those Senators voting in the
3 negative are Senators Canzoneri-Fitzpatrick,
4 Hinchey, Lanza, Mannion, Martinez, Skoufis and
5 Webb.
6 Ayes, 54. Nays, 7.
7 ACTING PRESIDENT PERSAUD: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 916, Senate Print 5609A, by Senator O'Mara,
11 an act to amend the Tax Law.
12 ACTING PRESIDENT PERSAUD: There's
13 a home-rule message at the desk.
14 Read the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT PERSAUD: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT PERSAUD: Announce
21 the results.
22 THE SECRETARY: In relation to
23 Calendar 916, those Senators voting in the
24 negative are Senators Canzoneri-Fitzpatrick,
25 Hinchey, Lanza, Mannion, Martinez, Skoufis and
4312
1 Webb.
2 Ayes, 54. Nays 7.
3 ACTING PRESIDENT PERSAUD: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 917, Assembly Print Number 4918A, by
7 Assemblymember Palmesano, an act to amend
8 Chapter 365 of the Laws of 2005.
9 ACTING PRESIDENT PERSAUD: There's
10 a home-rule message at the desk.
11 Read the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT PERSAUD: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT PERSAUD: Announce
18 the results.
19 THE SECRETARY: In relation to
20 Calendar 917, those Senators voting in the
21 negative are Senators Canzoneri-Fitzpatrick,
22 Hinchey, Lanza, Mannion, Martinez, Skoufis and
23 Webb.
24 Ayes, 54. Nays, 7.
25 ACTING PRESIDENT PERSAUD: The bill
4313
1 is passed.
2 THE SECRETARY: Calendar Number
3 918, Senate Print 5611A, by Senator O'Mara, an
4 act to amend the Tax Law.
5 ACTING PRESIDENT PERSAUD: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT PERSAUD: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT PERSAUD: Announce
13 the results.
14 THE SECRETARY: In relation to
15 Calendar 918, those Senators voting in the
16 negative are Senators Canzoneri-Fitzpatrick,
17 Hinchey, Lanza, Mannion, Martinez, Skoufis and
18 Webb.
19 Ayes, 54. Nays, 7.
20 ACTING PRESIDENT PERSAUD: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 919, Assembly Print Number 4915A, by
24 Assemblymember Palmesano, an act to amend
25 Chapter 366 of the Laws of 2005.
4314
1 ACTING PRESIDENT PERSAUD: There's
2 a home-rule message at the desk.
3 Read the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT PERSAUD: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT PERSAUD: Announce
10 the results.
11 THE SECRETARY: In relation to
12 Calendar 919, those Senators voting in the
13 negative are Senators Canzoneri-Fitzpatrick,
14 Hinchey, Lanza, Mannion, Martinez, Skoufis and
15 Webb.
16 Ayes, 54. Nays, 7.
17 ACTING PRESIDENT PERSAUD: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 951, Senate Print 6444, by Senator Thomas, an act
21 to amend the Tax Law.
22 ACTING PRESIDENT PERSAUD: There's
23 a home-rule message at the desk.
24 Read the last section.
25 THE SECRETARY: Section 5. This
4315
1 act shall take effect immediately.
2 ACTING PRESIDENT PERSAUD: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT PERSAUD: Announce
6 the results.
7 THE SECRETARY: In relation to
8 Calendar 951, those Senators voting in the
9 negative are Senators Canzoneri-Fitzpatrick,
10 Hinchey, Lanza, Mannion, Martinez, Skoufis and
11 Webb.
12 Ayes, 54. Nays, 7.
13 ACTING PRESIDENT PERSAUD: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 952, Senate Print 6446, by Senator Hinchey, an
17 act to amend the Tax Law.
18 ACTING PRESIDENT PERSAUD: Read the
19 last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect immediately.
22 ACTING PRESIDENT PERSAUD: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT PERSAUD: Announce
4316
1 the results.
2 THE SECRETARY: In relation to
3 Calendar 952, those Senators voting in the
4 negative are Senators Borrello,
5 Canzoneri-Fitzpatrick, Lanza, Mannion, Martinez,
6 Mattera, Murray, Palumbo, Skoufis, Stec, Webb and
7 Weik.
8 Ayes, 49. Nays, 12.
9 ACTING PRESIDENT PERSAUD: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 953, Senate Print 6447, by Senator Hinchey, an
13 act to amend the Tax Law.
14 ACTING PRESIDENT PERSAUD: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT PERSAUD: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT PERSAUD: Announce
22 the results.
23 THE SECRETARY: In relation to
24 Calendar 953, those Senators voting in the
25 negative are Senators Canzoneri-Fitzpatrick,
4317
1 Lanza, Mannion, Martinez, Murray, Palumbo,
2 Skoufis and Webb. Also Senator Mattera.
3 Ayes, 52. Nays, 9.
4 ACTING PRESIDENT PERSAUD: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 954, Senate Print 6448, by Senator Hinchey, an
8 act to amend Chapter 556 of the Laws of 2007.
9 ACTING PRESIDENT PERSAUD: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT PERSAUD: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT PERSAUD: Announce
17 the results.
18 THE SECRETARY: In relation to
19 Calendar 954, those Senators voting in the
20 negative are Senators Canzoneri-Fitzpatrick,
21 Lanza, Mannion, Martinez, Murray, Skoufis and
22 Webb.
23 Ayes, 54. Nays, 7.
24 ACTING PRESIDENT PERSAUD: The bill
25 is passed.
4318
1 THE SECRETARY: Calendar Number
2 955, Senate Print 6449, by Senator Hinchey, an
3 act to amend Chapter 218 of the Laws of 2009.
4 ACTING PRESIDENT PERSAUD: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT PERSAUD: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT PERSAUD: Announce
12 the results.
13 THE SECRETARY: In relation to
14 Calendar 955, those Senators voting in the
15 negative are Senators Canzoneri-Fitzpatrick,
16 Lanza, Mannion, Martinez, Skoufis and Webb.
17 Ayes, 55. Nays, 6.
18 ACTING PRESIDENT PERSAUD: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 956, Senate Print 6450, by Senator Hinchey, an
22 act to amend the Tax Law.
23 ACTING PRESIDENT PERSAUD: Read the
24 last section.
25 THE SECRETARY: Section 2. This
4319
1 act shall take effect immediately.
2 ACTING PRESIDENT PERSAUD: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT PERSAUD: Announce
6 the results.
7 THE SECRETARY: In relation to
8 Calendar 956, those Senators voting in the
9 negative are Senators Canzoneri-Fitzpatrick,
10 Lanza, Mannion, Martinez, Skoufis and Webb.
11 Ayes, 55. Nays, 6.
12 ACTING PRESIDENT PERSAUD: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 957, Senate Print 6475, by Senator Kennedy, an
16 act to amend the Tax Law.
17 ACTING PRESIDENT PERSAUD: Read the
18 last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect immediately.
21 ACTING PRESIDENT PERSAUD: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT PERSAUD: Announce
25 the results.
4320
1 THE SECRETARY: In relation to
2 Calendar 957, those Senators voting in the
3 negative are Senators Canzoneri-Fitzpatrick,
4 Hinchey, Lanza, Mannion, Martinez, Skoufis and
5 Webb.
6 Ayes, 54. Nays, 7.
7 ACTING PRESIDENT PERSAUD: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 958, Senate Print 6505, by Senator Mannion, an
11 act to amend the Tax Law.
12 ACTING PRESIDENT PERSAUD: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT PERSAUD: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT PERSAUD: Announce
20 the results.
21 THE SECRETARY: In relation to
22 Calendar 958, those Senators voting in the
23 negative are Senators Canzoneri-Fitzpatrick,
24 Hinchey, Lanza, Martinez, Skoufis and Webb.
25 Ayes, 55. Nays, 6.
4321
1 ACTING PRESIDENT PERSAUD: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 977, Senate Print 6821, by Senator
5 Stewart-Cousins, an act to amend the Tax Law.
6 ACTING PRESIDENT PERSAUD: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take immediately.
10 ACTING PRESIDENT PERSAUD: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT PERSAUD: Announce
14 the results.
15 THE SECRETARY: In relation to
16 Calendar 977, those Senators voting in the
17 negative are Senators Canzoneri-Fitzpatrick,
18 Hinchey, Lanza, Mannion, Martinez, Skoufis and
19 Webb.
20 Ayes, 54. Nays, 7.
21 ACTING PRESIDENT PERSAUD: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 978, Senate Print 6822, by Senator
25 Stewart-Cousins, an act to amend the Tax Law.
4322
1 ACTING PRESIDENT PERSAUD: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT PERSAUD: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT PERSAUD: Announce
9 the results.
10 THE SECRETARY: In relation to
11 Calendar 978, those Senators voting in the
12 negative are Senators Canzoneri-Fitzpatrick,
13 Hinchey, Lanza, Mannion, Martinez, Skoufis and
14 Webb.
15 Ayes, 54. Nays, 7.
16 ACTING PRESIDENT PERSAUD: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 979, Senate Print 6823A, by Senator Mayer, an act
20 to amend the Tax Law.
21 ACTING PRESIDENT PERSAUD: Read the
22 last section.
23 THE SECRETARY: Section 3. This
24 act shall take effect immediately.
25 ACTING PRESIDENT PERSAUD: Call the
4323
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT PERSAUD: Announce
4 the results.
5 THE SECRETARY: In relation to
6 Calendar 979, those Senators voting in the
7 negative are Senators Canzoneri-Fitzpatrick,
8 Hinchey, Lanza, Mannion, Martinez, Skoufis and
9 Webb.
10 Ayes, 54. Nays, 7.
11 ACTING PRESIDENT PERSAUD: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 980, Senate Print 6825, by Senator
15 Stewart-Cousins, an act to amend the Tax Law.
16 ACTING PRESIDENT PERSAUD: Read the
17 last section.
18 THE SECRETARY: Section 6. This
19 act shall take effect immediately.
20 ACTING PRESIDENT PERSAUD: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT PERSAUD: Announce
24 the results.
25 THE SECRETARY: In relation to
4324
1 Calendar 980, those Senators voting in the
2 negative are Senators Canzoneri-Fitzpatrick,
3 Hinchey, Lanza, Mannion, Martinez, Skoufis and
4 Webb.
5 Ayes, 54. Nays, 7.
6 ACTING PRESIDENT PERSAUD: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1058, Senate Print 5486, by Senator Jackson, an
10 act to amend the Civil Service Law.
11 ACTING PRESIDENT PERSAUD: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT PERSAUD: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT PERSAUD: Senator
19 Jackson to explain his vote.
20 SENATOR JACKSON: Thank you,
21 Madam President.
22 I rise to speak in support of my
23 bill, S5486. Today I stand before you to
24 advocate for a crucial piece of legislation that
25 aims to bridge the gap between job seekers and
4325
1 public-sector employment opportunities.
2 The bill at hand, Madam President,
3 an act to amend the Civil Service Law, focuses on
4 expanding the reach of civil service examination
5 announcements. You may ask -- why is this so
6 important, you may ask. The answer lies in the
7 current staffing shortages faced by the state and
8 local governments across our nation. These
9 shortages have directly impacted the efficiency
10 and effectiveness of public services, resulting
11 in long wait times for essential care and
12 assistance for New Yorkers.
13 However, the root cause of these
14 staffing shortages often goes unnoticed. Many
15 New Yorkers are unaware that jobs within the
16 state and local governments exist. The civil
17 service process remains a mystery to them, making
18 finding job opportunities in this sector
19 difficult.
20 This legislation seeks to change
21 that requirement, requiring the State Department
22 of Civil Service and municipal civil service
23 commissions to disseminate notices of competitive
24 examinations more broadly. By doing so, we can
25 increase the awareness of these employment
4326
1 opportunities among the general public, providing
2 more New Yorkers with the chance to take the
3 examination and pursue rewarding careers in the
4 public sector.
5 But it doesn't stop there,
6 Madam President. This bill also has another
7 crucial aspect: Promoting diversity within our
8 public workforce. By expanding the reach of
9 these examination announcements, we can ensure
10 that communities traditionally underrepresented
11 in state and local governments are given a fair
12 chance to join the public sector.
13 We have a duty to create a workforce
14 that reflects the diversity of our state, and
15 this legislation is a step towards achieving that
16 goal.
17 It is important to note that the
18 that bill has garnered significant support. The
19 New York State Public Employees Federation, PEF,
20 representing 50,000 professional, scientific and
21 technical workers, firmly stands behind this
22 legislation. Additionally, Madam President, the
23 Civil Service Employees Association, CSEA,
24 representing over 300,000 active and retired
25 public and private employees across New York
4327
1 State, strongly urges the passage of this bill.
2 So I urge my colleagues to stand
3 with me in support of this bill. By increasing
4 the awareness of diversifying our public
5 workforce, we can provide better service to our
6 fellow New Yorkers. Let's bridge the information
7 gap and empower job seekers, create a more
8 inclusive and efficient public sector, and build
9 a brighter future for all New Yorkers.
10 Thank you, Madam President. I vote
11 aye.
12 ACTING PRESIDENT PERSAUD: Senator
13 Jackson to be recorded in the affirmative.
14 Announce the results.
15 THE SECRETARY: Ayes, 61.
16 ACTING PRESIDENT PERSAUD: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1083, Senate Print 2737, by Senator Comrie, an
20 act to amend the Executive Law.
21 ACTING PRESIDENT PERSAUD: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT PERSAUD: Call the
4328
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT PERSAUD: Announce
4 the results.
5 THE SECRETARY: Ayes, 61.
6 ACTING PRESIDENT PERSAUD: The bill
7 is passed.
8 THE SECRETARY: Calendar Number --
9 excuse me.
10 In relation to Calendar Number 1083,
11 voting in the negative: Senator Walczyk.
12 Ayes, 60. Nays, 1.
13 ACTING PRESIDENT PERSAUD: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1106, Senate Print 5775, by Senator Kennedy, an
17 act to amend the Railroad Law.
18 ACTING PRESIDENT PERSAUD: Read the
19 last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect on the 30th day after it
22 shall have become a law.
23 ACTING PRESIDENT PERSAUD: Call the
24 roll.
25 (The Secretary called the roll.)
4329
1 ACTING PRESIDENT PERSAUD: Senator
2 Kennedy to explain his vote.
3 SENATOR KENNEDY: Thank you,
4 Madam President.
5 First of all, I want to thank our
6 Majority Leader, Andrea Stewart-Cousins, for
7 bringing this package of bills to the floor here
8 today, and my colleagues for putting this package
9 of 10 bills together that is passing to
10 strengthen and advance freight rail safety across
11 New York State at a time when we know it's
12 desperately needed.
13 We know as New York State goes, so
14 goes the rest of the nation. And we recognize
15 that rail safety is of utmost importance, where
16 the disaster that happened in East Palestine,
17 Ohio, several months ago really heightened the
18 awareness to rail safety.
19 What I can tell you is that there
20 are 1100-plus derailments in this nation every
21 single year. That averages three a day. And
22 it's incumbent that we do our part to promote
23 rail safety here in the great State of New York.
24 The NTSB called that derailment in
25 East Palestine 100 percent preventable. And we
4330
1 know that our federal partners are doing their
2 work to promote rail safety, but we have an
3 obligation to act here in the State of New York.
4 Where do freight rails go here in
5 the state? Everywhere. Through every city,
6 through every town, through every suburban, rural
7 community. Everyone has rail. And we need to
8 make sure that that rail is as safe as possible.
9 We also know that we can't wait for
10 Washington to act, so we need to take action here
11 in this state. So our Majority Leader advanced
12 this legislation, along with my colleagues.
13 Senator Chu, Senator Webb, Senator Hinchey,
14 Senator Skoufis, Senator Comrie, Senator Mannion
15 and Senator Martinez put together a package of
16 bills that will put New York State at the
17 forefront for rail safety in this nation.
18 This particular bill requires a
19 two-person crew on the railroads. The other
20 bills require rail corporations to inform the
21 Department of Homeland Security and Emergency
22 Services, the DEC and the DOT when hazardous
23 waste is going through a community; limits the
24 length trains can be to minimize the risk of
25 derailments; mandates quarterly inspection
4331
1 reports to the DOT, and requires comprehensive
2 safety inspections as well as follow-up freight
3 train inspections; requires the installation of
4 heat safety gauges on freight rail tracks;
5 creates a central freight train registry to house
6 reports, audits, plans and public inspections
7 regarding freight rail operators; authorizes the
8 Office of Homeland Security to conduct an
9 analysis of security at rail yards; and
10 establishes a freight rail safety task force to
11 review the state of freight rail safety in
12 New York State and make policy and budgetary
13 recommendations moving forward.
14 We are taking significant steps to
15 better protect communities across New York from
16 future freight disasters. And I'm proud, with
17 the Democratic Conference leadership, we were
18 able to secure an additional 10 rail safety
19 inspectors in this year's budget. And I believe
20 that this package of legislation that we're
21 talking about today is taking significant steps
22 to build on that and to strengthen rail safety
23 here in New York State.
24 I'm proud, as the chair of the
25 Transportation Committee, to have worked with my
4332
1 colleagues to make this a priority, and I'm
2 looking forward to advancing this through the
3 process in the Assembly and on to the Governor's
4 desk for her signature on this package of bills.
5 With that, Madam President, I vote
6 aye.
7 ACTING PRESIDENT PERSAUD: Senator
8 Kennedy to be recorded in the affirmative.
9 Senator Oberacker to explain his
10 vote.
11 SENATOR OBERACKER: Thank you,
12 Madam President.
13 You know, as someone who utilizes a
14 lot of the rail freight here in my business, I
15 can see where this piece of legislation --
16 although I think thought out to be one that would
17 be a positive, I could see where someone such as
18 myself, this could be actually a negative in
19 either slowing down and/or impeding the movement
20 of freight.
21 Our products that come into the West
22 Coast are then put on rail and moved to the
23 center of the country. And we all know, I think,
24 Madam President, we've seen the challenges that
25 we've had with supply chains moving forward.
4333
1 Although again, I go back to I think
2 this piece of legislation is intended, for all
3 the good I can see, where this could be a huge
4 negative, workforce issues being what they are,
5 moving product as expeditiously as possible.
6 And I could see if there was an
7 adjustment to this bill, Madam President, where
8 if we were to tie those trains with chemicals
9 that we have seen that would disrupt our local
10 environments, I could see where then having more
11 people on these trains in safety would be, I
12 think, a well-thought-out and sought measure.
13 For that reason, Madam President, if
14 the adjustment was made, I could vote in the aye.
15 But unfortunately I will be voting in the
16 negative on this. I would like to see -- out of
17 all the bills that we put forth, I think they
18 were great. This is the one I wish we had a
19 little bit more definition on, and I will be
20 voting in the negative.
21 Thank you.
22 ACTING PRESIDENT PERSAUD: Senator
23 Oberacker to be recorded in the negative.
24 Announce the results.
25 THE SECRETARY: In relation to
4334
1 Calendar Number 1106, those Senators voting in
2 the negative are Senators Griffo, Helming,
3 Oberacker, Ortt, Walczyk and Weik.
4 Ayes, 55. Nays, 6.
5 ACTING PRESIDENT PERSAUD: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1120, Senate Print 6921, by Senator Chu, an act
9 to amend the Railroad Law.
10 ACTING PRESIDENT PERSAUD: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the 90th day after it
14 shall have become a law.
15 ACTING PRESIDENT PERSAUD: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT PERSAUD: Announce
19 the results.
20 THE SECRETARY: In relation to
21 Calendar Number 1120, voting in the negative:
22 Senator Walczyk.
23 Ayes, 60. Nays, 1.
24 ACTING PRESIDENT PERSAUD: The bill
25 is passed.
4335
1 THE SECRETARY: Calendar Number
2 1121, Senate Print 6922, by Senator Webb, an act
3 to amend the Transportation Law.
4 ACTING PRESIDENT PERSAUD: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the 180th day after it
8 shall have become a law.
9 ACTING PRESIDENT PERSAUD: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT PERSAUD: Senator
13 Webb to explain her vote.
14 SENATOR WEBB: Thank you,
15 Madam President.
16 In the aftermath of the derailment
17 of the freight train in East Palestine, Ohio, as
18 Senator Kennedy alluded to, my bill is simply a
19 bill to help for more transparency and giving
20 information to the community. And so that
21 unfortunate experience has made it even more
22 clear that we must do more, and our communities
23 deserve more, as it pertains to transparency
24 regarding freight rail safety.
25 This bill would help address that
4336
1 need by assembling a central database where any
2 reports, audits and public inspections that are
3 accessible by the Department of Transportation
4 would simply be made publicly available.
5 I am proud to sponsor this
6 legislation to, again, continue to foster and
7 bring a sense of safety and security to our
8 communities. And I also want to thank the
9 Majority Leader for bringing this important
10 package of bills to the floor.
11 I vote aye, and I encourage any
12 colleagues to do the same.
13 Thank you, Madam President.
14 ACTING PRESIDENT PERSAUD: Senator
15 Webb to be recorded in the affirmative.
16 Announce the results.
17 THE SECRETARY: In relation to
18 Calendar 1121, those Senators voting in the
19 negative are Senators Helming, Walczyk and Weik.
20 Ayes, 58. Nays, 3.
21 ACTING PRESIDENT PERSAUD: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1122, Senate Print 6923, by Senator Hinchey, an
25 act to amend the Railroad Law.
4337
1 ACTING PRESIDENT PERSAUD: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the 30th day after it
5 shall have become a law.
6 ACTING PRESIDENT PERSAUD: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT PERSAUD: Senator
10 Hinchey to explain her vote.
11 SENATOR HINCHEY: Thank you,
12 Madam President.
13 The communities that I represent in
14 the Hudson Valley are some of the most beautiful
15 I think in not just our state, but across the
16 globe. And across most of our communities we
17 have freight rail lines running either directly
18 through our downtowns or right along the Hudson
19 River.
20 About a year and a half ago I was
21 invited by Riverkeeper to actually take a boat
22 out into the middle of the Hudson to review some
23 of these small bridges that the freight rails
24 were using to transport not just goods but also
25 often toxic and hazardous chemicals. And from
4338
1 our perspective in looking at some of these
2 lines, they looked quite frail.
3 And flash forward to the tragic
4 train derailment in Ohio and subsequent train
5 derailments that happened across the country. It
6 is imperative that here in New York we do
7 everything we can to keep our communities safe
8 and make sure that the trains that are running
9 through our communities are as safe as possible
10 so that the residents who live there can go about
11 their daily lives without fear of some type of
12 explosion.
13 I'm incredibly proud to have a bill
14 in this package to require comprehensive
15 in-person safety assessments before a freight
16 train leaves a New York rail yard. Right now
17 those are being done via video. We have to make
18 sure that people are inspecting and checking our
19 trains to keep people safe, not just across
20 New York State but across our country.
21 I want to thank the leader for
22 bringing this package forward and our chair of
23 Transportation, Senator Kennedy, for his
24 leadership in this package.
25 Again, I'm incredibly proud to be a
4339
1 part of this, to be leading the country in train
2 safety, and for that I vote aye.
3 Thank you, Madam President.
4 ACTING PRESIDENT PERSAUD: Senator
5 Hinchey to be recorded in the affirmative.
6 Announce the results.
7 THE SECRETARY: In relation to
8 Calendar Number 1122, voting in the negative:
9 Senator Walczyk.
10 Ayes, 60. Nays, 1.
11 ACTING PRESIDENT PERSAUD: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1123, Senate Print 6924, by Senator Skoufis, an
15 act to amend the Railroad Law.
16 ACTING PRESIDENT PERSAUD: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately on the 30th day
20 after it shall have become a law.
21 ACTING PRESIDENT PERSAUD: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT PERSAUD: Announce
25 the results.
4340
1 THE SECRETARY: In relation to
2 Calendar Number 1123, voting in the negative:
3 Senator Walczyk.
4 Ayes, 60. Nays, 1.
5 ACTING PRESIDENT PERSAUD: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1124, Senate Print 6925, by Senator Kennedy, an
9 act to amend the Railroad Law.
10 ACTING PRESIDENT PERSAUD: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect 90 days after it shall have
14 become a law.
15 ACTING PRESIDENT PERSAUD: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT PERSAUD: Announce
19 the results.
20 THE SECRETARY: In relation to
21 Calendar Number 1124, voting in the negative:
22 Senator Walczyk.
23 Ayes, 60. Nays, 1.
24 ACTING PRESIDENT PERSAUD: The bill
25 is passed.
4341
1 THE SECRETARY: Calendar Number
2 1125, Senate Print 6926, by Senator Mannion, an
3 act to amend the Transportation Law.
4 ACTING PRESIDENT PERSAUD: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the 30th day after it
8 shall have become a law.
9 ACTING PRESIDENT PERSAUD: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT PERSAUD: Announce
13 the results.
14 THE SECRETARY: In relation to
15 Calendar Number 1125, voting in the negative:
16 Senator Walczyk.
17 Ayes, 60. Nays, 1.
18 ACTING PRESIDENT PERSAUD: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1126, Senate Print 6934, by Senator Kennedy, an
22 act to amend the Transportation Law.
23 ACTING PRESIDENT PERSAUD: Read the
24 last section.
25 THE SECRETARY: Section 3. This
4342
1 act shall take effect immediately.
2 ACTING PRESIDENT PERSAUD: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT PERSAUD: Announce
6 the results.
7 THE SECRETARY: In relation to
8 Calendar Number 1126, voting in the negative:
9 Senator Walczyk.
10 Ayes, 60. Nays, 1.
11 ACTING PRESIDENT PERSAUD: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1127, Senate Print 6935, by Senator Martinez, an
15 act in relation to establishing a freight rail
16 safety task force.
17 ACTING PRESIDENT PERSAUD: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT PERSAUD: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT PERSAUD: Announce
25 the results.
4343
1 THE SECRETARY: In relation to
2 Calendar Number 1127, voting in the negative:
3 Senator Walczyk.
4 Ayes, 60. Nays, 1.
5 ACTING PRESIDENT PERSAUD: The bill
6 is passed.
7 Senator Gianaris, that completes the
8 reading of today's calendar.
9 SENATOR GIANARIS: Can we please
10 move to the controversial calendar.
11 ACTING PRESIDENT PERSAUD: The
12 Secretary will ring the bell.
13 The Secretary will read.
14 THE SECRETARY: Calendar Number
15 420, Senate Print 205, by Senator Cleare, an act
16 to amend the Banking Law.
17 ACTING PRESIDENT PERSAUD: Senator
18 Borrello, why do you rise?
19 SENATOR BORRELLO: Thank you,
20 Madam President. If the sponsor will yield for a
21 question.
22 SENATOR CLEARE: Yes. Through you,
23 Madam President.
24 ACTING PRESIDENT PERSAUD: The
25 Senator yields.
4344
1 SENATOR BORRELLO: Thank you.
2 Through you, Madam President. Thank you,
3 Senator Cleare.
4 If private prisons are already not
5 allowed in New York State, why is this bill
6 necessary?
7 SENATOR CLEARE: I think that was
8 due to advocacy and whether or not the
9 institutions wanted to follow that or not. We
10 want to make sure that this is the law, so that
11 we don't have to rely on whether or not
12 institutions want to do that or not.
13 SENATOR BORRELLO: Madam President,
14 will the sponsor continue to yield.
15 ACTING PRESIDENT PERSAUD: Will the
16 sponsor yield?
17 SENATOR CLEARE: Through you,
18 Madam President, yes.
19 ACTING PRESIDENT PERSAUD: The
20 Senator yields.
21 SENATOR BORRELLO: So I just want
22 to make sure we're clear that this is not allowed
23 in New York State, private prisons are not
24 allowed in New York State.
25 So this bill would really impact
4345
1 New York firms investing in private prisons
2 outside of New York State, is that correct?
3 SENATOR CLEARE: Yes. Through you,
4 Madam President, yes.
5 SENATOR BORRELLO: Through you,
6 Madam President, will the sponsor continue to
7 yield.
8 ACTING PRESIDENT PERSAUD: Will the
9 sponsor yield?
10 SENATOR CLEARE: Yes,
11 Madam President.
12 ACTING PRESIDENT PERSAUD: The
13 sponsor yields.
14 SENATOR BORRELLO: So what is
15 New York State's interest in something outside of
16 New York when it comes to, you know, regulating
17 government contractors operating outside of
18 New York State?
19 SENATOR CLEARE: We want to make
20 sure that we are not investing in private prisons
21 outside of New York State, due to some of the
22 conditions that we feel are happening. If we
23 banned it here in this state, why are our banks
24 investing in those prisons? If it's not right
25 here, it's not right anywhere else.
4346
1 SENATOR BORRELLO: Madam President,
2 will the sponsor continue to yield.
3 ACTING PRESIDENT PERSAUD: Does the
4 sponsor yield?
5 SENATOR CLEARE: Yes, I yield.
6 ACTING PRESIDENT PERSAUD: The
7 sponsor yields.
8 SENATOR BORRELLO: So basically
9 we're saying to New York firms that we don't want
10 them investing in companies that are operating
11 private prisons outside New York State. Where
12 else do we prohibit the banks' investments in
13 other states?
14 SENATOR CLEARE: I don't know.
15 But I'm -- I'm concerned about
16 private prisons, which are banned in New York
17 State, and we don't want our institutions
18 investing in those prisons anywhere else.
19 SENATOR BORRELLO: Madam President,
20 on the bill.
21 ACTING PRESIDENT PERSAUD: Senator
22 Borrello on the bill.
23 SENATOR BORRELLO: Senator Cleare,
24 thank you very much.
25 You know, I want to compliment
4347
1 Senator Cleare, because before she was a Senator
2 she did advocate and did indeed get major
3 nationally chartered banks -- which would not be
4 impacted by this legislation -- to stop investing
5 in private prisons.
6 She and her predecessor were strong
7 advocates for that. I commend you for that.
8 That, to me, is the way to do this, is to
9 advocate and to say we don't like this, we want
10 you to stop doing it. That, to me, is a stronger
11 foil. Because in the end, this bill only impacts
12 state-chartered banks, which unfortunately now
13 are in the minority in New York State, so it's
14 really not going to have as much of an impact.
15 But it does set a dangerous
16 precedent, that we are going to take our
17 political views and impose them on businesses in
18 New York State, particularly those that provide
19 financing, like our banks. And in the end, they
20 have an easy out. They just don't have to be
21 state-chartered banks anymore.
22 This is the fight I fight all the
23 time in the Banks Committee, that we are really
24 only regulating those community banks, those
25 people that make decisions locally, with local
4348
1 ownership, local decisionmakers. And we're
2 having less and less and less of those.
3 So as we take a political stand, we
4 are also having the unintended consequence of
5 harming those communities that rely on those
6 state-chartered banks, our local community banks.
7 So while I appreciate the advocacy
8 and commend her for it, I can't support this
9 bill, and I strongly will oppose it.
10 So thank you, Madam President.
11 ACTING PRESIDENT PERSAUD: Are
12 there any other Senators wishing to be heard?
13 Seeing and hearing none, debate is
14 closed. The Secretary will ring the bell.
15 Read the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT PERSAUD: Senator
19 Gianaris.
20 SENATOR GIANARIS: Madam President,
21 we will be restoring this to the noncontroversial
22 calendar.
23 ACTING PRESIDENT PERSAUD: The bill
24 is restored to the noncontroversial calendar.
25 Read the last section.
4349
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT PERSAUD: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT PERSAUD: Senator
7 Cleare to explain her vote.
8 SENATOR CLEARE: Thank you,
9 Madam President.
10 This bill sets a very clear moral
11 and policy principle which follows upon the fact
12 that we already prohibit the operation of private
13 prisons in New York State. Senate Bill 205
14 extends this principle further by prohibiting any
15 state-chartered banking institution from
16 providing financing or investing in the stocks,
17 securities or other obligations of an entity that
18 owns or operates a private correctional facility.
19 New York has been wise enough to ban
20 the very existence of private prisons in the
21 state, and thus it is completely logical to
22 prohibit banks chartered by the very same state
23 from investing in an activity that we have
24 declared is not only prohibited but morally
25 unpalatable.
4350
1 As we stand here today, over 115,000
2 people in this country are in private prisons,
3 and the number being detained by ICE only adds to
4 this alarming figure.
5 In my public service career I have
6 helped numerous constituents who have had family
7 members in private prisons, and the experience
8 was horrendous. It is often impossible to make
9 contact with your loved one, set up visits or
10 perform any kind of wellness check. There's no
11 accountability, no care or compassion. No one to
12 even answer the phone, in some cases.
13 Given the fact that private prisons
14 are a moral, ethical and policy scourge filled
15 with lax safety standards for incarcerated
16 individuals and employees, perverse initiatives
17 to keep people incarcerated longer, and long
18 histories of corruption, this bill makes complete
19 sense. New York banks should not be allowed to
20 profit from institutions that the state itself
21 deems impermissible to even exist, plain and
22 simple.
23 And I proudly vote aye.
24 ACTING PRESIDENT PERSAUD: Senator
25 Cleare to be recorded in the affirmative.
4351
1 Senator Rivera to explain his vote.
2 SENATOR RIVERA: Thank you,
3 Madam President.
4 I want to thank Senator Cleare for
5 bringing this piece of legislation forward.
6 And I want to remind everybody of
7 what we're talking about here. We are taking a
8 political stand. We are. We are. And the
9 political stand that we're taking should not be a
10 controversial one. For-profit prisons -- let's
11 be clear what that is, Madam President. That
12 means that people are profiting from putting
13 people in prison, from keeping them there, are
14 encouraged to drive profits and get, you know,
15 their stock prices up by taking what is mostly
16 Black and brown poor people across the country
17 and just shoving them in a box.
18 I think that's a good political
19 position to take, that such a thing is immoral,
20 reprehensible. And the fact that if we get this
21 bill passed and signed into law, that the
22 institutions in our state will no longer be able
23 to profit from that, will not be able to make --
24 you know, that is a positive thing.
25 So yes, we are making a political
4352
1 decision here. And we are taking a moral stand
2 against something that is incredibly
3 reprehensible, immoral, and the wrong thing to
4 do.
5 Thank you, Senator Cleare. I vote
6 in the affirmative.
7 ACTING PRESIDENT PERSAUD: Senator
8 Rivera to be recorded in the affirmative.
9 Announce the results.
10 THE SECRETARY: In relation to
11 Calendar 420, those Senators voting in the
12 negative are Senators Ashby, Borrello,
13 Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming,
14 Lanza, Martins, Mattera, Murray, Oberacker,
15 O'Mara, Ortt, Palumbo, Rhoads, Rolison, Stec,
16 Tedisco, Walczyk, Weber and Weik.
17 Ayes, 40. Nays, 21.
18 ACTING PRESIDENT PERSAUD: The bill
19 is passed.
20 Senator Gianaris, that completes the
21 reading of today's calendar.
22 SENATOR GIANARIS: Madam President,
23 is there any further business at the desk?
24 ACTING PRESIDENT PERSAUD: There is
25 no further business at the desk.
4353
1 SENATOR GIANARIS: Move to adjourn
2 until tomorrow, Wednesday, May 24th, at
3 11:00 a.m.
4 ACTING PRESIDENT PERSAUD: On
5 motion, the Senate stands adjourned until
6 Wednesday, May 24th, at 11:00 a.m.
7 And I just want to remind everyone
8 that the 28th is Dorothy's birthday.
9 (Cheers; applause.)
10 (Whereupon, at 5:22 p.m., the Senate
11 adjourned.)
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