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1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
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6
7
8
9 ALBANY, NEW YORK
10 January 20, 2026
11 3:21 p.m.
12
13
14 REGULAR SESSION
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16
17
18 SENATOR SHELLEY B. MAYER, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
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25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT MAYER: The Senate
3 will come to order.
4 I ask everyone to please rise and
5 recite the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT MAYER: In the
9 absence of clergy, let us bow our heads in a
10 moment of silent reflection or prayer.
11 (Whereupon, the assemblage respected
12 a moment of silence.)
13 ACTING PRESIDENT MAYER: Reading of
14 the Journal.
15 THE SECRETARY: In Senate, Sunday,
16 January 18, 2026, the Senate met pursuant to
17 adjournment. The Journal of Friday, January 16,
18 2026, was read and approved. On motion, the
19 Senate adjourned.
20 ACTING PRESIDENT MAYER: Without
21 objection, the Journal stands approved as read.
22 Presentation of petitions.
23 Messages from the Assembly.
24 The Secretary will read.
25 THE SECRETARY: Senator Ryan moves
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1 to discharge, from the Committee on Rules,
2 Assembly Bill Number 9435 and substitute it for
3 the identical Senate Bill 8820, Third Reading
4 Calendar 39.
5 ACTING PRESIDENT MAYER: So
6 ordered.
7 Messages from the Governor.
8 Reports of standing committees.
9 Reports of select committees.
10 Communications and reports from
11 state officers.
12 Motions and resolutions.
13 Senator Gianaris.
14 SENATOR GIANARIS: Good afternoon,
15 Madam President.
16 There will be an immediate meeting
17 of the Rules Committee in Room 332.
18 ACTING PRESIDENT MAYER: There will
19 be an immediate meeting of the Rules Committee in
20 Room 332.
21 SENATOR GIANARIS: The Senate will
22 stand at ease.
23 ACTING PRESIDENT MAYER: The Senate
24 will stand at ease.
25 (Whereupon, the Senate stood at ease
155
1 at 3:23 p.m.)
2 (Whereupon, the Senate reconvened at
3 3:36 p.m.)
4 ACTING PRESIDENT MAYER: The Senate
5 will return to order.
6 Senator Gianaris.
7 SENATOR GIANARIS: Thank you,
8 Madam President.
9 I believe there's a report of the
10 Rules Committee at the desk. Can we take that up
11 at this time.
12 ACTING PRESIDENT MAYER: The
13 Secretary will read.
14 THE SECRETARY: Senator
15 Stewart-Cousins, from the Committee on Rules,
16 reports the following bills:
17 Senate Print 1703, by Senator Webb,
18 an act to amend the Education Law;
19 Senate Print 2058, by Senator Webb,
20 an act to amend the Education Law;
21 Senate Print 3155, by
22 Senator Cooney, an act to amend the
23 Insurance Law;
24 Senate Print 4497, by
25 Senator Hinchey, an act to amend the
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1 Insurance Law;
2 Senate Print 8544, by
3 Senator Hinchey, an act to amend the Penal Law;
4 Senate Print 8656A, by
5 Senator Mayer, an act to amend the Education Law;
6 Senate Print 8758, by
7 Senator Fernandez, an act to amend the
8 Public Health Law;
9 Senate Print 8763, by Senator Brouk,
10 an act to amend the Criminal Procedure Law;
11 Senate Print 8765, by
12 Senator Gounardes, an act to amend the
13 Public Health Law;
14 Senate Print 8766, by
15 Senator Bailey, an act to amend the
16 General Business Law;
17 Senate Print 8769, by
18 Senator Skoufis, an act to amend the
19 Executive Law;
20 Senate Print 8770, by
21 Senator Fernandez, an act to amend the Labor Law;
22 Senate Print 8771, by
23 Senator Bailey, an act to amend the
24 Social Services Law;
25 Senate Print 8773, by
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1 Senator Harckham, an act to amend the
2 Environmental Conservation Law;
3 Senate Print 8775, by
4 Senator Rivera, an act to amend the
5 Social Services Law;
6 Senate Print 8776, by
7 Senator Cleare, an act to amend the
8 Social Services Law;
9 Senate Print 8777, by Senator May,
10 an act to amend the Economic Development Law;
11 Senate Print 8779, by Senator May,
12 an act to amend the Agriculture and Markets Law;
13 Senate Print 8784, by Senator May,
14 an act to amend the Education Law;
15 Senate Print 8785, by
16 Senator Martinez, an act to amend the
17 Veterans' Services Law;
18 Senate Print 8786, by
19 Senator Skoufis, an act to amend the
20 Insurance Law;
21 Senate Print 8788, by Senator Ortt,
22 an act to amend the County Law;
23 Senate Print 8789, by
24 Senator Sanders, an act to amend the
25 General Business Law;
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1 Senate Print 8791, by
2 Senator Brisport, an act to amend the
3 Social Services Law;
4 Senate Print 8792, by Senator Webb,
5 an act to amend a chapter of the Laws of 2025;
6 Senate Print 8794, by Senator May,
7 an act to amend the General Business Law;
8 Senate Print 8796, by
9 Senator Jackson, an act to amend a chapter of the
10 Laws of 2025;
11 Senate Print 8797, by Senator May,
12 an act to amend a chapter of the Laws of 2025;
13 Senate Print 8799, by Senator Fahy,
14 an act to amend the Mental Hygiene Law;
15 Senate Print 8801, by
16 Senator Baskin, an act to amend the County Law;
17 Senate Print 8805, by
18 Senator Bailey, an act to amend the
19 Education Law;
20 Senate Print 8808, by
21 Senator Cooney, an act to amend the
22 Financial Services Law;
23 Senate Print 8809, by
24 Senator Addabbo, an act to amend the
25 Civil Practice Law and Rules;
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1 Senate Print 8811, by
2 Senator Comrie, an act to amend the
3 General Business Law;
4 Senate Print 8813, by Senator Myrie,
5 an act to amend the Criminal Procedure Law;
6 Senate Print 8815, by Senator Webb,
7 an act to amend the Executive Law;
8 Senate Print 8816, by
9 Senator Fernandez, an act to amend the
10 General Business Law;
11 Senate Print 8819, by
12 Senator Persaud, an act to amend the
13 Social Services Law;
14 Senate Print 8826, by
15 Senator Hinchey, an act to amend the
16 Executive Law;
17 Senate Print 8828, by
18 Senator Gounardes, an act to amend the
19 General Business Law;
20 Senate Print 8829, by Senator Liu,
21 an act to amend the Tax Law;
22 Senate Print 8860, by Senator May,
23 an act to amend the Domestic Relations Law;
24 Senate Print 8866, by
25 Senator Salazar, an act to amend the
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1 Insurance Law;
2 Senate Print 8869, by
3 Senator Skoufis, an act to amend the
4 Insurance Law;
5 Senate Print 8887, by
6 Senator Sepúlveda, an act to amend the
7 Estates, Powers and Trusts Law.
8 All bills reported direct to third
9 reading.
10 SENATOR GIANARIS: Move to accept
11 the report of the Rules Committee.
12 ACTING PRESIDENT MAYER: All those
13 in favor of accepting the report of the
14 Rules Committee please signify by saying aye.
15 (Response of "Aye.")
16 ACTING PRESIDENT MAYER: Opposed,
17 nay.
18 (No response.)
19 ACTING PRESIDENT MAYER: The report
20 of the Rules Committee is accepted.
21 Senator Gianaris.
22 SENATOR GIANARIS: At this time,
23 Madam President, I believe there's a privileged
24 resolution at the desk. Let's take that up, read
25 it in its entirety, and recognize Majority Leader
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1 Stewart-Cousins on that resolution.
2 ACTING PRESIDENT MAYER: There is a
3 privileged resolution at the desk.
4 The Secretary will read.
5 THE SECRETARY: Resolution 1471, by
6 Senator Stewart-Cousins, commemorating the
7 observance of the 41st Annual Martin Luther King,
8 Jr. Day in the State of New York, on January 19,
9 2026.
10 "WHEREAS, From time to time, we take
11 note of certain individuals whom we wish to
12 recognize for their valued contributions and to
13 publicly acknowledge their endeavors which have
14 enhanced the basic humanity among us all; and
15 "WHEREAS, Attendant to such concern,
16 and in full accord with its long-standing
17 traditions, it is the custom of this
18 Legislative Body to join the people of this great
19 Empire State in proudly observing the 41st Annual
20 Martin Luther King, Jr. Day in the State of
21 New York, on January 19, 2026, taking note of his
22 many accomplishments and contributions to
23 mankind; and
24 "WHEREAS, Dr. King was a visionary
25 leader, minister, and champion of justice whose
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1 unwavering commitment to equality, dignity, and
2 nonviolence transformed the course of American
3 history; and
4 "WHEREAS, Dr. King was born the
5 grandson of a slave into a segregated society in
6 Atlanta, Georgia, on January 15, 1929; and
7 "WHEREAS, Dr. King was deeply shaped
8 by his academic and theological training, having
9 graduated from Morehouse College, attended
10 Crozer Theological Seminary, and earned a
11 doctorate in Systematic Theology from Boston
12 University, grounding his leadership in rigorous
13 scholarship, moral philosophy, and faith; and
14 "WHEREAS, After returning from
15 Crozer, the Reverend Dr. Martin Luther King, Jr.,
16 delivered his first sermon at Ebenezer Baptist
17 Church in Atlanta and became the church's
18 co-pastor with his father; and
19 "WHEREAS, Dr. King emerged as one of
20 the most influential leaders of the Civil Rights
21 Movement, dedicating his life to the pursuit of
22 racial justice and the dismantling of systemic
23 discrimination against Black Americans through
24 peaceful protest and moral courage; and
25 "WHEREAS, Dr. King came to national
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1 prominence as a leader during the Montgomery
2 Bus Boycott of 1955-1956, where his leadership
3 helped bring an end to segregation against
4 Black Americans on public transportation and
5 demonstrated the power of organized, nonviolent
6 protest; and
7 "WHEREAS, As a founding member and
8 president of the Southern Christian Leadership
9 Conference, Dr. King coordinated grassroots
10 campaigns and frequently partnered with
11 organizations such as the Student Nonviolent
12 Coordinating Committee and the Congress of Racial
13 Equality throughout the South to challenge
14 segregationist laws against Black Americans and
15 discriminatory practices affecting education,
16 employment, housing, and voting rights; and
17 "WHEREAS, Dr. King played a pivotal
18 role in the Birmingham Campaign of 1963,
19 confronting segregation through mass
20 demonstrations that exposed the brutality of
21 racial oppression and galvanized national support
22 for civil rights; and
23 "WHEREAS, Dr. King helped organize
24 and lead the March on Washington for Jobs and
25 Freedom in 1963, where he delivered his historic
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1 'I Have A Dream' speech, articulating a vision of
2 racial equality, economic justice, and unity that
3 continues to inspire generations; and
4 "WHEREAS, Dr. King led the Selma to
5 Montgomery voting-rights marches, courageously
6 confronting voter suppression and state violence,
7 and
8 "WHEREAS, Dr. King's leadership
9 helped galvanize a national movement that
10 challenged segregation, voter suppression, and
11 racial violence, leading to landmark achievements
12 such as the Civil Rights Act of 1964 and the
13 Voting Rights Act of 1965; and
14 "WHEREAS, In recognition of his
15 extraordinary leadership and unwavering
16 commitment to nonviolence in the pursuit of
17 justice and peace, Dr. King was awarded the
18 Nobel Peace Prize in 1964, becoming the youngest
19 recipient at the time; and
20 "WHEREAS, Through his powerful
21 oratory, writings, and advocacy, Dr. King
22 articulated a vision of America rooted in
23 fairness, opportunity, and mutual respect,
24 reminding the nation that 'injustice anywhere is
25 a threat to justice everywhere'; and
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1 "WHEREAS, Dr. King expanded the
2 movement's focus to include economic justice,
3 labor rights, and the eradication of poverty
4 through initiatives such as the Poor People's
5 Campaign, recognizing that civil rights and
6 economic dignity are inseparable; and
7 "WHEREAS, Dr. King's finest legacy
8 of greater social justice for all Americans was
9 truly reflected in his devotion to serve and
10 respect others, and in his steadfast love for all
11 humanity, and taught us that through
12 nonviolence, courage displaces fear, love
13 transforms hate, acceptance dissipates prejudice,
14 and mutual regard cancels enmity; and
15 "WHEREAS, Even in the face of
16 threats, violence, and ultimately his
17 assassination on April 4, 1968, Dr. King remained
18 steadfast in his belief that love, truth, and
19 nonviolence could overcome hatred, injustice, and
20 fear; and
21 "WHEREAS, Despite this immense loss,
22 the legacy of Dr. King continues to endure
23 decades later, inspiring ongoing movements for
24 fairness and equality; his legacy and his dream
25 continue to be a guiding light for generations;
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1 and
2 "WHEREAS, It is the sense of this
3 Legislative Body that the common and shared
4 responsibility of governance demands an
5 irrevocable commitment to the preservation and
6 enhancement of human dignity as exemplified by
7 Dr. King; and
8 "WHEREAS, By honoring the life and
9 sacrifice of Dr. King, we reaffirm a commitment
10 to upholding democratic values and civic
11 engagement, recognizing that we must continue his
12 work to preserve a society that reflects the
13 fundamental principles of equality and justice
14 for all as expressed in this nation's founding
15 documents; now, therefore, be it
16 "RESOLVED, That this Legislative
17 Body pause in its deliberations to memorialize
18 and pay tribute to the legendary life and
19 achievements of the Reverend Dr. Martin Luther
20 King, Jr., upon the occasion of the 97th
21 anniversary of his birth and the celebration of
22 Martin Luther King, Jr. Day in the State of
23 New York and throughout the nation; and be it
24 further
25 "RESOLVED, That a copy of this
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1 resolution, suitably engrossed, be transmitted to
2 the Black, Puerto Rican, Hispanic and Asian
3 Legislative Caucus."
4 ACTING PRESIDENT MAYER: Majority
5 Leader Stewart-Cousins on the resolution.
6 SENATOR STEWART-COUSINS: Thank you
7 so much, Madam President.
8 I love the beginning of the year
9 because it's always a big reset. It's a reset in
10 terms of getting back to work here, the new year,
11 all of our resolutions. And today was Budget
12 Day, so it's a reset in taking a look at our
13 fiscal stability in the state. And on Dr. King
14 Day, for me, I like to look at it as a reset of
15 our moral compass.
16 Every year I stand in this chamber
17 to discuss the life and legacy of the Reverend
18 Dr. Martin Luther King, Jr. As a child of the
19 '60s, I had the privilege of celebrating
20 Dr. King's birthday my entire adult life. But
21 even as a young adult I didn't realize how his
22 fight improved my living up North.
23 In the North, blacks weren't being
24 terrorized overtly by Klans and Klansmen in white
25 hoods and robes. We weren't being lynched. We
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1 weren't being prevented from boating -- from
2 voting, rather, with dogs and water hoses.
3 However, in the North, Blacks were denied access
4 to integrated housing, quality schools, most
5 jobs, loans, equal justice and protection under
6 the law.
7 In the teenage debates that I had
8 with my friends when we were like, is it
9 Malcolm X or is it Martin, which had the right
10 direction, I never really understood how much
11 really was at stake in this fight for
12 Black America's inclusion in the American dream.
13 Nor did I realize that my access to
14 a better job in corporate America in the late
15 1970s, along with other women, was a result of a
16 lawsuit defending the rights of not only Blacks
17 but everyone of color, and women, to have access
18 to jobs and economic justice. I didn't realize
19 that it was due to the 1964 Civil Rights Act that
20 was born of the efforts of Dr. King and countless
21 others who collectively fought for justice and
22 equality for all.
23 In moving up in corporate America I
24 met others who benefited from his sacrifice and
25 organized fight. In addition to white women, I
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1 added Asian friends and new friends who spoke
2 Spanish.
3 When Ronald Reagan declared
4 Dr. King's birthday a national holiday -- and
5 yes, it was Ronald Reagan -- many of us thought
6 that the battle was over. But year after year,
7 there are more and more people who never lived
8 through the pre-civil rights era, didn't realize
9 how they and people that they know actually
10 benefited. People who never felt or thought
11 about the cruelty of segregation, of
12 marginalization, the sting of being deemed
13 inferior due to your religion, gender, color or
14 national origin in the areas protected in 1964.
15 In fact, over the past 41 years of
16 celebrate MLK, too many of us went from genuine
17 reflection to just a day off. And frankly, in
18 the highest levels of government, apparently the
19 recognition of Dr. King seems to have become a
20 problem to degrade and discard.
21 Sadly, I understand why. In today's
22 America, people are being profiled because of the
23 color of their skin, their language, where they
24 came from. Today our neighbors are being
25 abducted by masked government agents, taken off
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1 the streets and detained without due process.
2 Today our government seems to be
3 waging a war on every type of diversity, equity
4 and inclusion, while calling anything
5 acknowledging the history of government-
6 sanctioned discrimination or exclusion, quote,
7 unquote, woke.
8 This all could be discouraging and
9 dismal had we not had the privilege of knowing an
10 activist preacher and visionary, a so-called
11 dreamer, who faced all this and dared to
12 galvanize a multiracial, interreligious multitude
13 of like-minded dreamers whose collective action
14 changed the trajectory of American history.
15 And that is what I saw in my
16 district over the weekend while attending six --
17 it could have been 10 -- Martin Luther King
18 events. I was heartened meeting 100-year-old
19 Mildred Hart, who had marched and protested for
20 much of her adult life. And I was also heartened
21 by meeting two 14-year-olds in Edgemont who have
22 taken up the fight for the past six years, since
23 they were 8, organizing a day of service in the
24 community. After these events I was reassured
25 that Dr. King's lessons are still filling people
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1 with hope.
2 These are not easy times, but
3 Dr. King reminds us that it is always the right
4 time to do the right thing. And he also reminds
5 us -- very critical at this moment -- that the
6 ultimate tragedy is not the oppression and
7 cruelty by the bad people, but the silence over
8 that by the good people.
9 Thank you, Mr. President.
10 ACTING PRESIDENT MAYER: Thank you,
11 Leader Stewart-Cousins.
12 Senator Bailey on the resolution.
13 SENATOR BAILEY: Thank you,
14 Madam President.
15 This is an occasion I look forward
16 to every year. I never look forward to speaking
17 after Leader Stewart-Cousins, but I look forward
18 to her resolution every single year because it is
19 the anniversary of when I first spoke on the
20 floor. And some of you lament that day because I
21 haven't stopped talking since.
22 But it's important. I have said a
23 few times -- I repeat a couple of things -- my
24 grandfather James, the original J.T. Bailey, was
25 born in 1929 like Dr. King. So I've always seen
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1 a parallel of their two important lives. Two
2 Black men from the South. Two Black men that
3 were denied opportunity but rose above it.
4 So I was thinking about how much
5 agony Dr. King went through, how much agony his
6 family went through. But yet he still had faith.
7 Dr. King reminded us that faith is taking that
8 first step when you don't see the whole
9 staircase.
10 Many of us who have been to church
11 have heard the phrase "with the faith of a
12 mustard seed." I don't know how many of you all
13 cook, but if you've ever seen a mustard seed, you
14 know how small it is. You know how easily it can
15 get lost in your hands. It can very easily fall.
16 And he kept the faith because he
17 believed in a greater tomorrow. Man, he believed
18 in a greater today. You know about his prescient
19 speech "I've Been to the Mountaintop," where he
20 unfortunately seemed to predict his own
21 unfortunate demise. Well, I want to bring you
22 something that we've heard an excerpt from.
23 "And I say if the inexpressible
24 cruelties of slavery couldn't stop us, the
25 opposition that we now face, including the
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1 so-called white backlash, will surely fail.
2 We're going to win our freedom because both the
3 sacred heritage of our nation and the eternal
4 will of the Almighty God are embodied in our
5 echoing demands.
6 "So I can still sing 'We Shall
7 Overcome.' We shall overcome because the arc of
8 the moral universe is long, but it bends towards
9 justice. We shall overcome because Carlyle is
10 right: 'No lie can live forever.' We shall
11 overcome because William Cullen Bryant is right:
12 'Truth crushed to earth will rise again.' We
13 shall overcome because James Russell Lowell is
14 right: 'Truth forever on the scaffold, wrong
15 forever on the throne, yet that scaffold sways
16 the future.'
17 "With this faith we will be able to
18 hew, out of the mountain of despair, a stone of
19 hope."
20 You've heard about the moral arc of
21 the universe, but you need to know where it came
22 from -- a speech that he gave to
23 Stanford University.
24 I try to think about the positive
25 side of MLK and how the life lessons that he
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1 taught are passed on today.
2 Yesterday, Madam President, there
3 was a documentary that came out called Hoops,
4 Hopes and Dreams. And Ambassador Andrew Young
5 was interviewed. And he told the story, the true
6 story of Martin Luther King, Jr., walking into
7 the Butler Street YMCA in Atlanta, the only YMCA
8 that permitted Black people to play basketball at
9 that time. And MLK walked in with a full suit
10 on, walked to the basketball court. He took off
11 his jacket, but he kept his tie on and proceeded
12 to play and demanded the ball.
13 Now, he went up -- and they tell the
14 story he went up for -- right -- it's describing
15 a move called the Euro Step in now modern-day
16 parlance. He went up with his right hand, a
17 six-four defendant went up, and then he went --
18 he did a reverse.
19 And Andrew Young said, "I didn't
20 know you can do that." He said, "There's a lot
21 you don't know that I can do."
22 And from then on, he called
23 Ambassador Andrew Young his point guard for the
24 Civil Rights Movement. You've heard me wax
25 poetic about the power of sports and the majesty
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1 of sports, but the reality is true. How you are
2 on a basketball court does dictate how you live
3 your life. Are you a willing passer? Are you
4 willing to do what it takes for the team to win,
5 or are you just going to shoot the ball without
6 impunity whether your team wins or not? That's
7 what -- that's why Dr. King chose Ambassador
8 Young to be his point forward.
9 For those of you who are unfamiliar
10 with basketball, a point guard is the one who
11 sets the stage. You make sure you orchestrate
12 the flow of the offense and that you put your
13 team in the best position.
14 While I respect all of the work that
15 the great Ambassador Andrew Young has done, I
16 would say MLK is our point guard. He's our point
17 guard for justice. He's our point guard for
18 righteousness, our point guard for fearlessness,
19 that North Star.
20 And I never knew that he played
21 basketball, Madam President. But they spoke
22 about how basketball back then was used as a tool
23 to organize and grab younger folks and bring them
24 into the movement. They were meeting people
25 where they were at. Now you're on the basketball
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1 court: I'm going to talk to you about why we
2 need to make this court better, about your role
3 in making sure that we can all have courts like
4 this. About how we can make sure that the Butler
5 Street YMCA isn't the only place where Black
6 folks can play ball, Madam President.
7 Putting people into a movement by
8 the use and freedom of their bodies, which were
9 shackled. We celebrate 250 years of this
10 country. We've only been celebrating this
11 holiday for 41 years. We've only had our civil
12 rights for a little bit longer than that,
13 Madam President.
14 And as we celebrate 250, I want
15 people to be reminded of what Dr. King was trying
16 to get people to see. Some saw. Some needed to
17 try to silence that voice. And they did in the
18 physical form, but -- they killed the dreamer,
19 but you can't kill the dream.
20 I heard this phrase at a judicial
21 induction the other day. Reverend Patrice
22 Wallace-Moore from Mount Vernon, I've got to give
23 her credit. She said something that stuck with
24 me: That we're not here to just win
25 championships, we're here to build champions.
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1 And that's what Dr. King was doing.
2 He was building champions. And the further that
3 we go away from what his mission was, the further
4 we'll stray. Those of you who have Verizon, you
5 lost service last week. Sometimes when you lose
6 service it is because you get too far away from
7 the tower. When we drift too far away from the
8 tower, we lose the signal.
9 Don't forget what the North Star was
10 saying. Don't forget why he had a dream. Don't
11 forget about the injustices that he spoke of.
12 Don't forget about it.
13 So when you go next year to your
14 MLK celebrations, I want you to think about are
15 you fulfilling what Dr. King said. What he said
16 life's most persistent and urgent question was:
17 What are you doing for others?
18 Thank you, Madam President. May
19 God bless the life and legacy of the
20 Reverend Dr. Martin Luther King, Jr.
21 ACTING PRESIDENT MAYER: Thank you,
22 Senator Bailey.
23 Senator Comrie on the resolution.
24 SENATOR COMRIE: Thank you,
25 Madam President.
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1 I want to thank the leader for
2 continuing to bring this resolution forward.
3 I'm sorry to have to speak after
4 Senator Bailey and change the tone, because I am
5 nowhere near going to be as articulate as
6 Senator Bailey, but I'm going to try to get my
7 point across.
8 As we rise today to honor the life
9 and legacy of Dr. Martin Luther King, a man whose
10 courage, moral clarity and dream for justice
11 transformed the conscience of our nation,
12 Dr. King taught us that the arc of the moral
13 universe is long but it bends towards justice.
14 Yet he reminded us that it does not
15 bend on its own. It takes all of us, in our
16 streets, our schools, our churches and our seats
17 of power, to move it forward, recognizing where
18 we've been and how far we've come is important
19 not just for meeting today's challenges, but for
20 all future generations.
21 Our political history cannot grow
22 and evolve without that understanding of our
23 past. Yet there is still much work that we have
24 to do to move forward, making sure the full
25 history of our nation is told and preserved,
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1 especially the stories that have been too often
2 overlooked or left out of our archives.
3 I often say -- it's often said that
4 a system that fails one group today can fail any
5 of us tomorrow. This is why Dr. King said
6 "Injustice anywhere is a threat to justice
7 everywhere," and why justice must apply to
8 everyone every time. That message is not just a
9 history lesson, it's something that communities
10 have to live and carry forward.
11 Across New York State and especially
12 in neighborhoods like mine in the 14th Senate
13 District, the best Senate district in the
14 state -- really --
15 (Laughter; overtalk.)
16 SENATOR COMRIE: Argument? Okay.
17 Well, we'll do that argument another time.
18 But across my neighborhoods I had
19 many Black leaders who stood up, spoke out and
20 did the hard work of pushing our democracy to be
21 more fair, more inclusive and more
22 representative. They were in the Civil Rights
23 Movement. They pushed to expand access. They
24 pushed to ensure that our voices were heard.
25 There were a few civil rights
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1 leaders and activists that lived in District 14,
2 and a couple that I was honored to know.
3 Jefferson Diggs, who worked for my
4 predecessor, Archie Spigner, and worked me, was a
5 renowned civil rights activist. He participated
6 in early sit-ins against segregated lunch
7 counters. He was one of the first
8 African-American reporters at the New York Daily
9 News. He was involved in community civil rights
10 work with the NAACP and many other local
11 organizations. He marched at Selma. He marched
12 with King. He was very early in the process, but
13 he resided in Queens in his last years and spread
14 that information to many young people over time.
15 Also Linda McDonald {ph}, a civil
16 rights pioneer from the East Elmhurst area. She
17 marched also with Dr. King in the '60s. She took
18 part in sit-ins and later led civic organizations
19 and NAACP-linked groups advocating for racial
20 equality and community empowerment.
21 Florence V. Lucas, a great civil
22 rights leader. She was the first Black woman
23 from Queens admitted to the New York Bar. She
24 served as the president of the Jamaica, Queens,
25 NAACP branch in the '50s and '60s and was later
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1 deputy commissioner of the New York State
2 Division of Human Rights. Her leadership was
3 influential in expanding civil rights and
4 antidiscrimination efforts locally and statewide.
5 Also Roy Wilkins, a name that many
6 of you know, a longtime civil rights leader and
7 longtime head of the NAACP. He was a major
8 African-American leader and civil rights legacy.
9 We're honored to have a park named for him in the
10 area.
11 And there were many other historical
12 figures that had Queens roots or ties. W.E.B.
13 Du Bois, who lived in Addisleigh Park, where
14 they're trying to put a BESS facility in a
15 historic neighborhood -- that's a discussion for
16 another day. To put a location which has fires
17 all the time right next to -- less than 50 feet
18 away from a historic home is terrible.
19 But we had many other national
20 figures that lived in my district:
21 Shirley Chisholm, Jackie Robinson, other major
22 notable people. Queens was home for many
23 musicians and other people. And today we also
24 still have many people that are in my
25 community -- I could name names for a while that
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1 my office gave me, but I won't.
2 We have a proud legacy of people
3 that have expanded Dr. King's vision of equality
4 and empowerment. We have many people that have
5 continued to make connections to make sure that
6 we can continue carrying the torch, striving for
7 voting access, fair housing, and equitable
8 education.
9 The ideas Dr. King lived and died
10 for remain living principles in our country, from
11 our churches that marched for justice to our
12 young organizers ensuring that every vote counts.
13 As we reflect on his legacy, we know that
14 Dr. King's dream was not one of complacency but
15 of commitment to justice, to service and to
16 community action.
17 So today as we honor Dr. Martin
18 Luther King and his legacy, let us rededicate
19 ourselves to the unfinished work of equality.
20 Let us remember the trailblazers from New York
21 who stood beside him in spirit and purpose. Let
22 us remind our young people that your actions,
23 your vision, and your decisions will echo through
24 this chamber and our communities all over this
25 country.
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1 And let us remember that we need to
2 do that with justice, opportunity and love, to
3 ensure that our history will never be erased by
4 anyone. Thank you.
5 Thank you, Madam President.
6 ACTING PRESIDENT MAYER: Thank you,
7 Senator Comrie.
8 Senator Sanders on the resolution.
9 SENATOR SANDERS: Thank you,
10 Madam President.
11 I want to first thank our leader for
12 bringing this history lesson that we need so much
13 this day and age.
14 Of course I will take another moment
15 to explain to my beloved colleague from his part
16 of Queens that I represent the Talented 10th
17 Senatorial District, so I won't take him that
18 way.
19 But I must admit, Madam President, I
20 was scared when I heard Senator Bailey speak. I
21 thought he was condemning my basketball skills.
22 It is true that if you -- if you don't play, you
23 kind of lose it, so I thought he was condemning.
24 But he brought me back on, and there's a role for
25 us all, even for some of us who have to be the
184
1 water boy. So there's a role for us all.
2 But I want to tell you about the
3 unfinished business of the Reverend Dr. Martin
4 Luther King, Jr., the unfinished business. Yes,
5 he went to the mountaintop. Yes, he did all of
6 these incredible things. But I would suggest to
7 you that those are not the things that got him
8 killed. Those were things that created a certain
9 amount of tension, a certain amount of friends of
10 enemies.
11 But what got him killed was, I would
12 suggest to you, two different things. The first
13 is the Poor Peoples's Campaign, the Poor People's
14 Campaign, when he started speaking on this. And
15 the second, of course, was his position on the
16 Vietnam War, on the Vietnam War.
17 Now, the Poor People's Campaign, for
18 those who don't remember it, had to do with many
19 different things. But you could look at four
20 different things on it. You would look at his
21 position on health, how he felt that there should
22 be a universal system of healthcare so people
23 would not have to face impoverishment or just
24 dying. Those would not be the stock choices.
25 He spoke of how we should have full
185
1 employment, a full-employment society, a place
2 where everyone who wanted a job and was willing
3 to get out there, had a worthy job for
4 themselves.
5 He also spoke of human dignity, of
6 how we had to figure out how to love one another,
7 that we didn't have to, in one sense, like one
8 another, but you had to figure out how to love
9 one another. And especially for those who may be
10 the immigrants, the outsiders, those who we don't
11 really know, those are who are currently being
12 rounded up even as we speak, and ICE-ed away
13 somewhere in other places.
14 He also spoke of labor rights, the
15 rights and the dignity of humans to form unions
16 of labor. We should study those things. Those
17 things are under attack even as we speak.
18 But he also spoke of endless wars,
19 endless wars. Now, this may sound familiar to
20 many people, but he wasn't speaking of Venezuela,
21 possibly Mexico, could be Canada, might be
22 Greenland -- only God knows what we're going to
23 do next week.
24 He was speaking of his day, Vietnam.
25 Vietnam. He was speaking of the Vietnamese War,
186
1 that seemed to be an endless and a draining of
2 the American economy.
3 He spoke of how you can't -- you
4 can't fight two things. You can't have a War on
5 Poverty and in one sense a war on the poor.
6 You'd have to figure out which one you wanted to
7 win. And one, I would argue, is unwinnable. If
8 you're having an endless war on the poor, it will
9 never be ended. But you can win a war on
10 poverty.
11 And as I conclude -- and there are
12 better speakers who will come after me -- I will
13 remind you that the Reverend Doctor certainly
14 could be our point guard, and should be, and all
15 of us should pay attention to that. But he
16 thought of himself as a drum major, just as a
17 drum major. Not as a general, not as a big guy
18 with a banner in his hand, just as a drum major.
19 And to remind you, a drum major has
20 four functions. The first function of a drum
21 major, of course, is to call people to battle.
22 There is a war, let us fight it. All those who
23 want to win, come on this side; all those who
24 don't want us to win, go on the other side. A
25 drum major.
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1 The second function of a drum major
2 is that they motivate. Going to war is often a
3 scary process, whether you are fighting in some
4 unknown land or you are fighting right at the end
5 of your block, or your neighbors. Going to
6 war -- and hopefully the war will be of the mind,
7 something that we can win in a peaceful fashion.
8 Going to war can be a scary thing, and a drum
9 major calls people and motivates people.
10 A drum major also rallies the
11 troops. Sometimes when you're out there -- and I
12 would suggest that this is such a time -- you may
13 become battle-weary. You've gone through too
14 much. The battles never seem to stop. There's
15 always something. Next week is it Greenland or
16 is it this one or -- there's always something
17 coming at you. But a drum major rallies the
18 troops. That steady beat, that confident beat
19 that says this is the way forward and here's
20 where we're going.
21 The last thing that a drum major
22 does is, if need be, a drum major calls retreat.
23 He tells you, Okay, this is not the battle that
24 we're going to win today. We're going to have to
25 go back over this way. We're not going to just
188
1 throw the weapons and flee, we're going to go in
2 an organized fashion and retreat.
3 Now, I would suggest to you, as I
4 conclude, that the Drum Major beat many different
5 calls but he never sounded our retreat. He never
6 called for us to retreat on this field of battle.
7 And I would suggest to you that now
8 is a time, more than any other in this winter in
9 America, where we would see who are the true
10 American winter soldiers, who are the people who
11 believe in America for all of us and not just
12 some of us, not just a talented handful over here
13 and the rest of us. Who are those who are strong
14 enough, brave enough to say no when everybody
15 seems to be saying yes?
16 In season or out of season, the
17 Reverend Dr. Martin Luther King, Jr., stood for
18 morality, for health, for dignity of people that
19 would never know him.
20 And I will suggest to you that we
21 are not going to hear the call for retreat.
22 Because every time I hear him, I hear the call to
23 move forward, the challenge to take the next
24 hill, to get to that golden city on the hill that
25 he spoke of where all of us can be judged by the
189
1 content of our character and not the color of our
2 skin.
3 Thank you very much,
4 Madam President.
5 ACTING PRESIDENT MAYER: Thank you,
6 Senator Sanders.
7 Senator May on the resolution.
8 SENATOR MAY: Thank you,
9 Madam President.
10 And I want to thank the
11 Majority Leader for her wonderful exposition
12 here.
13 I had the honor yesterday to mark
14 the 50th anniversary citywide Martin Luther King
15 Day celebration at the Harriet Tubman Memorial
16 AME Zion Church in Auburn, the city where
17 Harriet Tubman chose to spend the last decades of
18 her life.
19 It was uplifting to be in the church
20 with so many people who have been doing the work
21 of justice for so long. But I also found myself
22 thinking about people who are new to the
23 struggle. Dr. King once said: "The nonviolent
24 approach does not immediately change the heart of
25 the oppressor, it first does something to the
190
1 hearts and souls of those committed to it. It
2 gives them new self-respect. It calls up
3 resources and courage they did not know they
4 had."
5 I think we are seeing his words come
6 true every day in this country -- in Minneapolis,
7 in Los Angeles, in Portland, in Chicago, and here
8 across this state. People just living their
9 lives who see shocking acts of violence from
10 masked federal agents right outside their doors,
11 and suddenly they discover courage they never
12 knew they had.
13 On this Martin Luther King Day I am
14 so grateful for his -- his model of nonviolence
15 and his willingness to lift up the radical notion
16 of nonviolent resistance as a true solution to
17 the kinds of desperate problems we're facing
18 right now.
19 Thank you.
20 ACTING PRESIDENT MAYER: Thank you,
21 Senator May.
22 Senator Ramos on the resolution.
23 SENATOR RAMOS: Thank you,
24 Madam President.
25 You know, I imagine Dr. Martin
191
1 Luther King, Jr., must be one of the most quoted
2 people to have ever walked this planet. But for
3 me, more than the words he spoke, I really find a
4 lot of meaning in the standards that he set. And
5 standards for how a nation should treat its
6 people and how those entrusted with power should
7 carry it.
8 Dr. King reminded us that justice
9 isn't just a feeling, it's a practice. It's
10 something we return to day after day in the
11 choices that we make, in the laws that we pass
12 here, and the way we treat those who place their
13 trust in this institution.
14 And his story is often told on a
15 national stage, but in my district it's very
16 often a local one. Before he became a voice
17 heard around the world, Dr. King was a student
18 pastor at First Baptist Church in East Elmhurst,
19 Queens. He walked our streets, he learned from
20 our congregations, he sharpened his moral vision
21 in the company of everyday people who believed
22 that faith, community and public life would be
23 woven together in the service of something
24 greater than ourselves.
25 That history matters because it
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1 reminds us that the work of democracy doesn't
2 begin in grand speeches, it begins in
3 neighborhoods, in houses of worship, in
4 classrooms, and in conversations among people who
5 may not always agree but who still choose to stay
6 engaged with one another.
7 Dr. King believed deeply, deeply in
8 democracy -- not as comfort, but as commitment.
9 In fact, the 1965 Voting Rights Act granted
10 people who look like me the right to vote in this
11 country for the very first time.
12 He knew that there wasn't any
13 democracy without full participation, and that
14 there's no freedom without the right to disagree.
15 And there's no unity without the courage to keep
16 showing up for one another even when the path
17 forward is contested.
18 He called us to build what he named
19 "the beloved community," a society where justice
20 and peace are not rivals, but partners. Where
21 dignity is not reserved for the powerful but
22 extended to everyone. And in this chamber that
23 calling takes a very real form. It looks like
24 the laws that protect working families. It looks
25 like systems that treat people fairly even when
193
1 it's difficult. It looks like debates that are
2 guided by conviction but grounded in respect.
3 Because democracy does not only live
4 in the moments we commemorate, it lives in the
5 daily, often unseen work of public service -- in
6 the way we listen to our constituents and the
7 care we bring to our legislation, and in the
8 standards we set for ourselves and for each
9 other.
10 Dr. King measured a society by how
11 it treats those at the margins. That remains one
12 of the clearest tests of our work today. I mean,
13 much like the Bible, where it says that we love
14 thy neighbor, he didn't believe that had any
15 asterisk. He didn't say love thy neighbor except
16 for members of the LGBTQ community. He didn't
17 love thy neighbor except for immigrants. He
18 didn't say any exception to the love that we're
19 supposed to feel for one another and to uplift
20 each other.
21 So as we honor his legacy, I hope
22 that we don't only do so with praise, but with
23 purpose. And I want us here in the Senate to
24 continue to lead with the values that we have and
25 that welcome the debate without demeaning
194
1 difference. That understands that hope becomes
2 real when it's written into law and it's felt in
3 people's lives.
4 So here's hoping that we continue to
5 bend that arc here in New York and for the
6 generations that will inherit the world that
7 we're building.
8 Thank you.
9 ACTING PRESIDENT MAYER: Thank you,
10 Senator Ramos.
11 Senator Webb on the resolution.
12 SENATOR WEBB: Thank you,
13 Madam President.
14 I too want to thank our Majority
15 Leader for continuing to bring forward this
16 resolution every year.
17 You know, as already has been
18 stated, yesterday we all collectively paused as a
19 state and as a nation to honor the life and
20 enduring legacy of Dr. Martin Luther King, Jr.,
21 one of the most consequential leaders in American
22 history and a giant of the Civil Rights Movement.
23 Dr. King challenged our nation to
24 confront its deepest injustices and to live up to
25 its founding promise of freedom, equality, and
195
1 justice for all.
2 Now, we remember Dr. King as an
3 incredible civil rights leader, minister, orator,
4 father, husband, a remarkable human being.
5 Dr. King's legacy continues to echo across
6 generations because his service spoke truth to
7 power. It carries with it the hope and the heavy
8 burden of systemic oppression, persecution,
9 bigotry, and other barriers that create
10 challenges for countless individuals and
11 communities across our very nation and state.
12 Dr. King reminded us that civil
13 rights are not confined to history books --
14 although there are constant efforts to erase
15 those books -- or to commemorative dates. His
16 work extended beyond voting rights and
17 desegregation to include economic justice, labor
18 rights, education, and the moral responsibility
19 of the government to take care of its people.
20 Dr. King once said: "We are now
21 faced with the fact that tomorrow is today. We
22 are confronted with the fierce urgency of now.
23 In this unfolding conundrum of life and history,
24 there is such a thing as being too late. This is
25 no time for apathy or complacency. This is a
196
1 time for vigorous and positive action."
2 I believe that this quote is very
3 relevant in this moment in time that we all find
4 ourselves in our collective history, where there
5 are very powerful efforts to erase his legacy
6 through federal actions, ongoing cognitive
7 dissonance, disservice and moral degradation from
8 leaders who will quote him and then actively
9 pursue policies and practices that actively erode
10 everything he worked and sacrificed for.
11 We are in that fierce urgency of now
12 because we are continuing to experience the
13 catastrophic erosion of human rights across our
14 state, country and beyond. And so his words and
15 leadership remain as a powerful call to action
16 urging all of us in this chamber and our
17 communities, in this great state and beyond, to
18 reject apathy and complacency and to commit
19 ourselves to vigorous and positive action in the
20 face of injustice.
21 And as we reflect on Dr. King's
22 legacy, let us all recommit ourselves not only to
23 honoring his words but to advancing his vision
24 through our service in this chamber and in our
25 communities. Let this resolution serve as a
197
1 reminder that the work of justice is our
2 assignment and that each of us has a
3 responsibility to carry it forward, now and for
4 generations to come.
5 I proudly vote aye on this
6 resolution. Thank you, Madam President.
7 ACTING PRESIDENT MAYER: Thank you,
8 Senator Webb.
9 Senator Lanza on the resolution.
10 SENATOR LANZA: Thank you,
11 Madam President.
12 First I want to thank the Senate
13 leader, Andrea Stewart-Cousins, for bringing this
14 resolution to the floor, as she always does. I
15 especially enjoy listening to her words on this
16 day. She brings a context and a thoughtfulness
17 that I think few can.
18 As you all know, this is the only
19 resolution I speak on.
20 I also enjoyed listening to the
21 many fine words of my colleagues. And in
22 listening to my colleagues, it is clear that all
23 these years later Dr. Martin Luther King, Jr.,
24 still has the power to bring out the best of us.
25 It's clear that all these years later the path he
198
1 set out for all of us is still valid and one we
2 must continually try to follow.
3 Dr. Martin Luther King was, to me,
4 one of the greatest of all Americans. Like
5 Abraham Lincoln, he set out to repair the
6 nation's house that was and is divided against
7 itself. In the process, he changed history --
8 not just American history, but world history --
9 for the better.
10 Dr. Martin Luther King revealed
11 truth and advanced justice. Not by tearing down
12 America, but rather by embracing its principles
13 and pushing -- yes, fighting -- to bring us
14 closer to living up to its promise.
15 Lots of people try to imitate
16 Dr. Martin Luther King. Most fall short.
17 Everyone wants to tell you what Dr. Martin Luther
18 King would say about something happening today or
19 yesterday and tomorrow. None of us know. I
20 certainly don't. The funny thing is when people
21 tell you what Dr. Martin Luther King would say,
22 it always ends up being something that they would
23 say, whether or not Dr. Martin Luther King ever
24 lived.
25 But even that, even that, Leader, is
199
1 a compliment. Because at the end of the day,
2 with all our weakness and faults, we can all
3 agree that he was one of the greatest people to
4 ever live. And we all want greatness on our
5 side.
6 So I don't always know what he would
7 say, but I know this. He was a man of faith. He
8 brought light to darkness. He brought truth to
9 the lies. And he brought love to hate.
10 And on this earth, it takes great
11 bravery and courage to do all that. And he had
12 it, and he did it. And all those things he did
13 and said should still remain an inspiration to
14 each of us.
15 Now, he was taken away from us too
16 soon in a violent act -- the very thing he fought
17 and dedicated his life against. None of us know
18 why. I don't have the answer. I often turn to
19 the Bible for inspiration in my life, and it
20 seems to me for some reason sometimes greatness
21 and goodness requires death as an exclamation
22 point.
23 And certainly, certainly Dr. Martin
24 Luther King's voice was not silenced, as
25 Senator Bailey said, that day. But in fact, and
200
1 remarkably, it has grown louder every day since.
2 And that is a truly remarkable thing, and a
3 beautiful thing.
4 And it says to me that in a world
5 where everything is far from perfect and maybe
6 everyone is not acting the way they ought to,
7 somehow there's still enough decency in us
8 collectively to make sure that his voice is never
9 silenced. And so we ought to be grateful to
10 that.
11 The other thing I know -- and I'll
12 end with this, Madam President -- is that there's
13 no doubt the world is better because Dr. Martin
14 Luther King lived. And as long as we never get
15 too far from what he taught and from his example,
16 we'll still have the chance to get where he
17 wanted us to go.
18 Thank you, Madam President.
19 ACTING PRESIDENT MAYER: Thank you,
20 Senator Lanza.
21 Senator Brisport to close.
22 SENATOR BRISPORT: Thank you,
23 Madam President.
24 And thank you to our Majority Leader
25 for introducing this resolution.
201
1 Dr. King said "We are not makers of
2 history, we are made by history." And today in
3 2026 I want to acknowledge the torch of many of
4 the fights we have fought to get to this point.
5 We are six years since the mass
6 mobilizations of George Floyd, some of the
7 largest mass mobilizations in our nation's
8 history.
9 We are 13 years since three Black
10 women coined the phrase "Black Lives Matter."
11 We are 18 years since the election
12 of the first Black president.
13 We are 31 years since the
14 Million Man March; 63 years since the "I Have A
15 Dream" speech; 105 years since the Tulsa Race
16 massacre; 161 years since the 13th Amendment
17 abolished slavery, mostly; 406 years since the
18 first slaves were brought to America.
19 The history is long, and the work
20 continues. And Dr. King said: "True peace is
21 not merely the absence of tension, it is the
22 presence of justice." He would want us to
23 embrace radical solitary with every fight we have
24 today: Solitary with the nurses on strike,
25 solidarity with the immigrants being terrorized
202
1 by ICE, solidarity with every New Yorker being
2 pushed out of their community by an affordability
3 crisis, solidarity with every parent who is
4 worried about how to afford childcare.
5 Dr. King, a democratic socialist,
6 would advocate that this year we fight for
7 everybody and we fight against the systems that
8 harm us, fight against the imperialism that
9 brought Europeans to Africa 500 years ago and
10 today brings the American military to Venezuela
11 and maybe Greenland. Fight against the
12 capitalism that brought Black bodies to America
13 as capital and still keeps money and power
14 concentrated in the hands of a few wealthy white
15 men.
16 Fight for the ultimate economic
17 justice: Reparations. And not just to fight,
18 but to win.
19 Ashay, and thank you.
20 ACTING PRESIDENT MAYER: The
21 question is on the resolution. All those in
22 favor please signify by saying aye.
23 (Response of "Aye.")
24 ACTING PRESIDENT MAYER: Opposed,
25 nay.
203
1 (No response.)
2 ACTING PRESIDENT MAYER: The
3 resolution is adopted.
4 Senator Gianaris.
5 SENATOR GIANARIS: Madam President,
6 the leader would like to open this resolution for
7 cosponsorship.
8 ACTING PRESIDENT MAYER: The
9 resolution is open for cosponsorship. Should you
10 choose not to be a cosponsor, please notify the
11 desk.
12 Senator Gianaris.
13 SENATOR GIANARIS: At this time
14 let's take up the reading of the calendar.
15 ACTING PRESIDENT MAYER: The
16 Secretary will read.
17 THE SECRETARY: Calendar Number 8,
18 Senate Print 8752, by Senator Scarcella-Spanton,
19 an act to amend the Labor Law.
20 ACTING PRESIDENT MAYER: Read the
21 last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MAYER: Call the
25 roll.
204
1 (The Secretary called the roll.)
2 ACTING PRESIDENT MAYER: Announce
3 the results.
4 THE SECRETARY: Ayes, 57.
5 ACTING PRESIDENT MAYER: The bill
6 is passed.
7 There's a substitution at the desk.
8 The Secretary will read.
9 THE SECRETARY: Senator Ramos moves
10 to discharge, from the Committee on Rules,
11 Assembly Bill Number 9479 and substitute it for
12 the identical Senate Bill 8753, Third Reading
13 Calendar 9.
14 ACTING PRESIDENT MAYER: The
15 substitution is so ordered.
16 The Secretary will read.
17 THE SECRETARY: Calendar Number 9,
18 Assembly Number 9479, by Assemblymember Bronson,
19 an act to amend the Public Authorities Law.
20 ACTING PRESIDENT MAYER: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the same date and in the
24 same manner as a chapter of the Laws of 2025.
25 ACTING PRESIDENT MAYER: Call the
205
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT MAYER: Announce
4 the results.
5 THE SECRETARY: In relation to
6 Calendar 9, voting in the negative are
7 Senators Oberacker and Walczyk.
8 Ayes, 55. Nays, 2.
9 ACTING PRESIDENT MAYER: The bill
10 is passed.
11 THE SECRETARY: Calendar Number 12,
12 Senate Print 8756, by Senator Rivera, an act to
13 amend a chapter of the Laws of 2025.
14 ACTING PRESIDENT PERSAUD: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect on the same date and in the
18 same manner as a chapter of the Laws of 2025.
19 ACTING PRESIDENT PERSAUD: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT PERSAUD: Announce
23 the results.
24 THE SECRETARY: In relation to
25 Calendar 12, voting in the negative are
206
1 Senators Borrello, Chan, Lanza, Martinez,
2 Oberacker, Tedisco and Walczyk.
3 Ayes, 50. Nays, 7.
4 ACTING PRESIDENT PERSAUD: The bill
5 is passed.
6 THE SECRETARY: Calendar Number 14,
7 Senate Print 8761, by Senator Comrie, an act to
8 amend the Real Property Actions and Proceedings
9 Law.
10 ACTING PRESIDENT PERSAUD: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the same date and in the
14 same manner as a chapter of the Laws of 2025.
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 14, voting in the negative are
22 Senators Chan and Walczyk.
23 Ayes, 55. Nays, 2.
24 ACTING PRESIDENT PERSAUD: There's
25 a substitution at the desk.
207
1 The Secretary will read.
2 THE SECRETARY: Senator Hinchey
3 moves to discharge, from the Committee on Rules,
4 Assembly Bill Number 9441 and substitute it for
5 the identical Senate Bill 8764, Third Reading
6 Calendar 16.
7 SENATOR LANZA: Lay it aside.
8 ACTING PRESIDENT PERSAUD: The bill
9 will be laid aside.
10 THE SECRETARY: Calendar Number 17,
11 Senate Print 8767, by Senator Serrano, an act to
12 amend the Parks, Recreation and Historic
13 Preservation Law.
14 ACTING PRESIDENT PERSAUD: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect on the same date and in the
18 same manner as a chapter of the Laws of 2025.
19 ACTING PRESIDENT PERSAUD: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT PERSAUD: Announce
23 the results.
24 THE SECRETARY: In relation to
25 Calendar 17, voting in the negative:
208
1 Senator Walczyk.
2 Ayes, 56. Nays, 1.
3 ACTING PRESIDENT PERSAUD: The bill
4 is passed.
5 THE SECRETARY: Calendar Number 18,
6 Senate Print 8768, by Senator Bailey, an act to
7 amend the Real Property Law and the Real Property
8 Actions and Proceedings Law.
9 ACTING PRESIDENT PERSAUD: Read the
10 last section.
11 THE SECRETARY: Section 4. 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: Ayes, 57.
19 ACTING PRESIDENT PERSAUD: The bill
20 is passed.
21 THE SECRETARY: Calendar Number 25,
22 Senate Print 8787, by Senator Addabbo, an act to
23 amend the Racing, Pari-Mutuel Wagering and
24 Breeding Law.
25 ACTING PRESIDENT PERSAUD: Read the
209
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the same date and in the
4 same manner as a chapter of the Laws of 2025.
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: Ayes, 57.
11 ACTING PRESIDENT PERSAUD: The bill
12 is passed.
13 THE SECRETARY: Calendar Number 26,
14 Senate Print 8790, by Senator Scarcella-Spanton,
15 an act to amend the Real Property Tax Law.
16 ACTING PRESIDENT PERSAUD: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect on the same date and in the
20 same manner as a chapter of the Laws of 2025.
21 ACTING PRESIDENT PERSAUD: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT PERSAUD: Announce
25 the results.
210
1 THE SECRETARY: Ayes, 57.
2 ACTING PRESIDENT PERSAUD: The bill
3 is passed.
4 THE SECRETARY: Calendar Number 30,
5 Senate Print 8802, by Senator Cleare, an act to
6 amend the Public Health Law.
7 ACTING PRESIDENT PERSAUD: Read the
8 last section.
9 THE SECRETARY: Section 19. This
10 act shall take effect immediately.
11 ACTING PRESIDENT PERSAUD: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT PERSAUD: Announce
15 the results.
16 THE SECRETARY: In relation to
17 Calendar 30, voting in the negative:
18 Senator Walczyk.
19 Ayes, 56. Nays, 1.
20 ACTING PRESIDENT PERSAUD: The bill
21 is passed.
22 THE SECRETARY: Calendar Number 33,
23 Senate Print 8806, by Senator Mayer, an act to
24 amend the Public Health Law.
25 ACTING PRESIDENT PERSAUD: Read the
211
1 last section.
2 THE SECRETARY: Section 4. This
3 act shall take effect immediately.
4 ACTING PRESIDENT PERSAUD: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT PERSAUD: Senator
8 Mayer to explain her vote.
9 SENATOR MAYER: Thank you,
10 Madam Speaker.
11 Today I rise to proudly vote in
12 favor of the chapter amendment to my bill which
13 would direct counties, together with cities,
14 towns, villages and other EMS providers, to
15 develop comprehensive plans to provide
16 coordinated EMS services within their counties.
17 This issue has been a long time
18 coming. I first introduced a comprehensive bill
19 to improve New York's EMS system in 2022. And
20 since then, my colleagues, particularly
21 Assemblyman Otis and I, together with the
22 emergency service community, have worked
23 tirelessly to get to a path forward.
24 Finally the Legislature and the
25 Governor have reached an agreement on a path
212
1 forward to support EMS providers. This agreement
2 begins to address the serious statewide
3 challenges facing the current EMS system, which
4 now has gaps in coverage and unacceptable
5 wait times in communities both upstate and down.
6 EMS is essential to help all of our
7 communities. We need a bigger solution. This is
8 the start of a solution that will work in letting
9 counties work together with providers to figure
10 out how to move forward to ensure maximum
11 coverage.
12 I proudly vote aye and thank my
13 colleagues for working so hard on this issue for
14 the last four years.
15 I vote aye.
16 ACTING PRESIDENT PERSAUD: Senator
17 Mayer to be recorded in the affirmative.
18 Announce the results.
19 THE SECRETARY: Ayes, 57.
20 ACTING PRESIDENT PERSAUD: The bill
21 is passed.
22 THE SECRETARY: Calendar Number 39,
23 Assembly Bill 9435, by Assemblymember Magnarelli,
24 an act to amend the Public Service Law.
25 SENATOR LANZA: Lay it aside.
213
1 ACTING PRESIDENT PERSAUD: Lay it
2 aside.
3 THE SECRETARY: Calendar Number 45,
4 Senate Print 8827, by Senator Gounardes, an act
5 to amend a chapter of the Laws of 2025.
6 ACTING PRESIDENT PERSAUD: Read the
7 last section.
8 THE SECRETARY: Section 6. This
9 act shall take effect 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 45, voting in the negative:
17 Senator Walczyk.
18 Ayes, 56. Nays, 1.
19 ACTING PRESIDENT PERSAUD: The bill
20 is passed.
21 THE SECRETARY: Calendar Number 48,
22 Senate Print 8834, by Senator Baskin, an act to
23 amend the Indian Law.
24 ACTING PRESIDENT PERSAUD: Read the
25 last section.
214
1 THE SECRETARY: Section 3. This
2 act shall take effect on the same date and in the
3 same manner as a chapter of the Laws of 2025.
4 ACTING PRESIDENT PERSAUD: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT PERSAUD: Announce
8 the results.
9 THE SECRETARY: In relation to
10 Calendar Number 48, voting in the negative:
11 Senator Walczyk.
12 Ayes, 56. Nays, 1.
13 ACTING PRESIDENT MAYER: The bill
14 is passed.
15 Senator Gianaris {sic}, that
16 completes the reading of today's calendar.
17 SENATOR SERRANO: Let's please go
18 to the reading of the controversial calendar.
19 ACTING PRESIDENT MAYER: The
20 Secretary will ring the bell.
21 The Secretary will read.
22 THE SECRETARY: Calendar Number 16,
23 Assembly Number 9441, by Assemblymember Jacobson,
24 an act to amend the Public Service Law.
25 ACTING PRESIDENT MAYER: Senator
215
1 Lanza, why do you rise?
2 SENATOR LANZA: Madam President, I
3 believe there's an amendment at the desk. I
4 waive the reading of that amendment and ask that
5 you recognize Senator Helming.
6 ACTING PRESIDENT MAYER: Thank you,
7 Senator Lanza.
8 Upon review of the amendment, in
9 accordance with Rule 6, Section 4B, I rule it
10 nongermane and out of order.
11 SENATOR LANZA: Accordingly,
12 Madam President, I appeal the ruling of the chair
13 and ask that Senator Helming be heard on the
14 appeal.
15 ACTING PRESIDENT MAYER: The appeal
16 has been made and recognized, and Senator Helming
17 may be heard.
18 SENATOR HELMING: Thank you,
19 Madam President.
20 I rise to appeal the ruling of the
21 chair. This amendment is clearly germane, as
22 both the bill before this body and the amendment
23 that I put forward will provide transparency
24 about the costs impacting utility bills.
25 The bill-in-chief requires utilities
216
1 to provide a detailed list of proposed capital
2 expenditures included in a rate case. The
3 amendment I have brought forward, Senate Bill
4 5251, by sponsor Senator Patricia
5 Canzoneri-Fitzpatrick, goes even further with
6 transparency by directing the Public Service
7 Commission to determine and disclose the cost, on
8 a per-ratepayer basis, of compliance with the
9 provisions of the Climate Leadership and
10 Community Protection Act.
11 Madam President, I am very confident
12 that people across this state would agree: We
13 need full disclosure and transparency so that
14 people can understand why their costs are
15 skyrocketing.
16 When the CLCPA was passed in 2019,
17 it was done without any public assessment of its
18 cost. That point was raised here today time and
19 time again on this floor.
20 And then later on, we heard from the
21 New York State Comptroller. In his July 2024
22 report, he notes that the costs of transitioning
23 to renewable energy are not known, nor have they
24 been reasonably estimated. He went on to say
25 that the funding sources to cover those costs
217
1 have not been identified and, as we've been
2 saying all along, have left the ratepayers as the
3 primary source of funding.
4 What we do know since the passage of
5 the CLCPA mandate is that New York's electricity
6 prices are up nearly 50 percent and
7 New Yorkers -- including families, seniors,
8 workers, businesses and our family farmers -- are
9 paying 50 percent more for electricity than the
10 national average.
11 In addition, these all-electric
12 mandates and the implementation dates, they're
13 unachievable. In so many areas of our state
14 we're seeing this over and over again. It just
15 keeps playing out. The electricity capacity does
16 not exist.
17 We've had residential projects that
18 have been completely either stalled or pulled off
19 the books, at a time when we have a housing
20 crisis and need more housing. We've heard from
21 businesses who have delayed expansion plans
22 because of the uncertainty surrounding these
23 unachievable mandates.
24 Madam Chair, I'll offer this: That
25 ratepayers deserve to know exactly how much these
218
1 policies and unfunded mandates are costing them.
2 This amendment is an opportunity to provide this
3 critical honesty and transparency. And for these
4 reasons, Madam President, I urge you to
5 reconsider your ruling and urge my colleagues to
6 vote in favor of the cost transparency amendment
7 that is before you.
8 ACTING PRESIDENT MAYER: Thank you,
9 Senator Helming.
10 I want to remind the house that the
11 vote is on the procedures of the house and the
12 ruling of the chair.
13 Those in favor of overruling the
14 chair, signify by saying aye.
15 (Response of "Aye.")
16 SENATOR LANZA: Show of hands.
17 ACTING PRESIDENT MAYER: A show of
18 hands has been requested and so ordered.
19 Announce the results.
20 THE SECRETARY: Ayes, 21.
21 ACTING PRESIDENT MAYER: The ruling
22 of the chair stands, and the bill-in-chief is
23 before the house.
24 Read the last section.
25 THE SECRETARY: Section 2. This
219
1 act shall take effect immediately.
2 ACTING PRESIDENT MAYER: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT MAYER: Senator
6 Harckham to explain his vote.
7 SENATOR HARCKHAM: Thank you very
8 much, Madam President. I just want to share a
9 few observations.
10 Number one, the costs of the scoping
11 plan are clearly identified in Chapter 10. As we
12 have pointed out on the floor before, the net
13 benefit of the CLCPA to the taxpayers and
14 ratepayers of New York State is well over
15 $100 billion.
16 Number two, NYISO, the utilities and
17 just about anybody working on this issue will
18 tell you that one of the reasons our rates in
19 New York are higher is not because of the CLCPA,
20 not because of clean energy. A kilowatt of wind
21 and solar is by far the cheapest form of energy,
22 cheaper than natural gas, oil, or especially
23 nuclear. What's driving our costs are data
24 farms, AI, cryptocurrency, and these large
25 last-mile warehouses.
220
1 So I once again just rise to put on
2 the record that the CLCPA is not what's driving
3 costs. And the solutions to the CLCPA are the
4 same things that Texas is using. Texas is the
5 biggest oil state in the nation and one of the
6 largest in the entire world, and all of their new
7 generation is renewable -- wind, solar, and
8 battery storage. And in the process they have
9 saved their ratepayers $30 billion because they
10 know it is the fastest to scale and it is
11 cheapest per kilowatt.
12 So having saying that, Madam Chair,
13 or Madam President, I vote aye.
14 Thank you.
15 ACTING PRESIDENT MAYER: Senator
16 Harckham to be recorded in the affirmative.
17 Senator Borrello to explain his
18 vote.
19 SENATOR BORRELLO: Thank you,
20 Madam President.
21 Not to disagree with my colleague on
22 the other side of the aisle, but the idea that
23 the kilowatt hours are cheaper for wind and solar
24 than traditional forms of energy is just not
25 true. If it were true, then why would we need
221
1 these extensive power purchase agreements where
2 companies are forced to buy green energy at a
3 much higher rate, and it's often subsidized by
4 the ratepayers and the taxpayers?
5 If it was actually cheaper, we
6 wouldn't need those power purchase agreements
7 that force even public utilities and
8 not-for-profits to have to pay more and give back
9 less to the folks that they're supposed to be
10 benefiting. So this is just not true, it is
11 simply not true.
12 And if the CLCPA was making things
13 cheaper, then why did this body ban utility
14 companies from being able to outline an itemized
15 list of what the costs are from the CLCPA to the
16 ratepayers?
17 So let's not pretend here that we
18 are actually saving people money when in fact we
19 are costing people more money and driving more
20 people out of the state.
21 On this particular bill, I'll be
22 voting yes. But on the concept of green energy
23 being cheaper, I'm a flat-out no.
24 Thank you.
25 ACTING PRESIDENT MAYER: Senator
222
1 Borrello to be recorded in the affirmative.
2 Senator Helming to explain her vote.
3 SENATOR HELMING: Thank you,
4 Madam President.
5 I will be voting yes on this bill.
6 Whenever we can take steps to be more transparent
7 about the costs to ratepayers, I fully support
8 that, and that's what this bill does.
9 However, I'd like to point out that
10 in my area the mandates, including the CLCPA,
11 New York State fees and taxes to comply with
12 energy mandates, have been estimated to drive up
13 gas and electric costs anywhere between
14 20 percent and 27 percent.
15 Pending rate cases that are out
16 there right now are estimated on the delivery
17 costs alone of energy, of electricity, to my
18 constituents and many others in this room, are
19 estimated to increase the cost by 37 percent.
20 So the notion that the CLCPA is not
21 driving up costs for ratepayers, is somehow
22 making it true, is just not accurate.
23 I vote yes, Madam President.
24 ACTING PRESIDENT MAYER: Senator
25 Helming to be recorded in the affirmative.
223
1 Senator Hinchey to explain her vote.
2 SENATOR HINCHEY: Thank you,
3 Madam President.
4 I want to thank my colleagues for
5 voting yes on this bill.
6 And I'm really happy and I thank the
7 leader for bringing it to the floor today.
8 This bill is incredibly important
9 because it provides transparency to the capital
10 projects that utility companies are doing across
11 our districts.
12 One of the reasons why ratepayer
13 bills are increasing and why this transparency is
14 so important is because a number of utility
15 companies actually continue to build fossil fuel
16 infrastructure, including in places where it's no
17 longer needed and has been transitioned to
18 renewables.
19 And so being able to have that
20 transparency to not waste ratepayer dollars on
21 infrastructure that we are moving away from and
22 instead invest into renewable energy that we do
23 know for a fact is cheaper is incredibly
24 important.
25 So this bill will provide that
224
1 transparency and save people money. And I'm
2 really glad it's coming to the floor today, and I
3 thank my colleagues for voting for it.
4 Thank you.
5 ACTING PRESIDENT MAYER: Senator
6 Hinchey to be recorded in the affirmative.
7 Announce the results.
8 THE SECRETARY: Ayes, 57.
9 ACTING PRESIDENT MAYER: The bill
10 is passed.
11 THE SECRETARY: Calendar Number 39,
12 Assembly Bill 9435, by Assemblymember Magnarelli,
13 an act to amend the Public Service Law.
14 ACTING PRESIDENT MAYER: Senator
15 Rhoads, why do you rise?
16 SENATOR RHOADS: Thank you,
17 Mr. President. I'm hoping that my colleague
18 Senator Ryan might yield to a few questions.
19 ACTING PRESIDENT MAYER: Senator
20 Ryan, do you yield?
21 SENATOR RYAN: Yes.
22 ACTING PRESIDENT MAYER: The
23 Senator yields.
24 SENATOR RHOADS: Thank you,
25 Senator, I appreciate that.
225
1 Through you, Madam President, I
2 was -- I was -- first off, I want to thank the
3 sponsor for sponsoring the underlying bill,
4 Madam President, and I was honored to go on the
5 bill as a cosponsor. Because in addition to this
6 bill relating to pole attachment safety and
7 quality, I viewed this as being a bill that also
8 promoted transparency and accountability for the
9 utility companies and telecommunication companies
10 that were utilizing utility poles.
11 But I noticed that in the chapter
12 amendment that is before us, a number of
13 important provisions that caused me to be a
14 cosponsor on the bill are now being removed. And
15 I just wanted to ask a few questions with respect
16 to some of the things that have been removed.
17 In the initial legislation it
18 appeared to require that there be preregistration
19 before installations were actually accomplished,
20 so that individuals who were interested, be it
21 municipalities, be it individual residents who
22 were concerned about what was being installed on
23 a pole would be able, in advance of the
24 installation, to have that information.
25 It appears as though that
226
1 preregistration has now been turned into almost
2 an after-action report, where the report would be
3 compiled up to a year after the installation, as
4 opposed to providing individuals with
5 pre-knowledge of what's being installed on those
6 poles.
7 Can you explain why that change has
8 been made?
9 SENATOR RYAN: Through you,
10 Madam President. When I say -- are you referring
11 to the portion with the right-of-way permits, I'm
12 assuming?
13 SENATOR RHOADS: I'm referring to
14 Section 119-E of the bill.
15 SENATOR RYAN: So obviously with
16 the intent being to note who is requesting to get
17 on those poles, to kind of get out in front of
18 it, I guess if you will for the reporting aspect
19 of it, I don't know as to why the intent with
20 taking it out.
21 But with the reporting database
22 afterwards, I believe that there is sufficient --
23 the mechanism being, of the reporting, who's
24 going on the poles, what they requested to go on
25 the poles, what work is being done, the
227
1 time frame, and also knowing who's going to go on
2 them post, I think that that would be sufficient
3 to be okay with it.
4 I'm okay with it. I think it
5 accomplishes sort of the same thing. Would we
6 have liked the reporting mechanism prior to the
7 right-of-way permits? Perhaps. But I think --
8 I don't think it's lost on the reporting
9 mechanisms after the fact, especially with the
10 ability to capture the inadequate work, if there
11 is inadequate work, with photographs and reports
12 to the Public Service Commission afterwards.
13 SENATOR RHOADS: Thank you,
14 Senator.
15 Would the sponsor continue to yield?
16 ACTING PRESIDENT MAYER: Do you
17 continue to yield?
18 SENATOR RYAN: Yes.
19 ACTING PRESIDENT MAYER: The
20 sponsor yields.
21 SENATOR RHOADS: Thank you,
22 Senator Ryan.
23 Part of the initial legislation was
24 the fact that if someone was concerned about
25 something that was going on on the pole, they
228
1 would be able to ask questions about it in
2 advance of the installation.
3 Is that right preserved after the
4 chapter amendment?
5 SENATOR RYAN: No.
6 SENATOR RHOADS: And will the
7 sponsor continue to yield.
8 ACTING PRESIDENT MAYER: Do you
9 continue to yield?
10 SENATOR RYAN: Yes.
11 ACTING PRESIDENT MAYER: The
12 Senator yields.
13 SENATOR RHOADS: The initial
14 legislation -- thank you, Senator. The initial
15 legislation referred to an electronic database
16 where information prior to the installation would
17 have been kept, so that it would be searchable by
18 the public.
19 I do notice that the -- that
20 language has been changed. Would the electronic
21 database -- would the electronic database that
22 contains the after-action information also
23 able -- is that also able to be searchable by the
24 public?
25 SENATOR RYAN: Yes. My
229
1 understanding is yes.
2 SENATOR RHOADS: The database will
3 still be searchable.
4 SENATOR RHOADS: Would the sponsor
5 continue to yield.
6 ACTING PRESIDENT MAYER: Do you
7 continue to yield?
8 SENATOR RYAN: Yes.
9 ACTING PRESIDENT MAYER: The
10 sponsor yields.
11 SENATOR RHOADS: But the
12 information that's contained in the database
13 would be information after the installations have
14 already been completed, and it may again be up to
15 a year after the installation was completed.
16 SENATOR RYAN: The answer to your
17 question is yes.
18 But I think that also the intent
19 behind the initial being -- we're talking about
20 work that's performed. There would -- I'm a
21 little confused because what we're trying to
22 capture is bad, inadequate, inefficient, unsafe
23 work. So the reporting mechanism wouldn't have
24 been before. It would have to be done or
25 captured after the work is done and then
230
1 reported.
2 SENATOR RHOADS: Will the sponsor
3 continue to yield.
4 ACTING PRESIDENT MAYER: Do you
5 continue to yield?
6 SENATOR RYAN: Yes.
7 ACTING PRESIDENT MAYER: The
8 Senator yields.
9 SENATOR RHOADS: The reason that I
10 was suggesting that this is a preregistration
11 requirement is that in the initial -- in the
12 initial report that had to be submitted, it would
13 have included the anticipated date of work
14 commencement and the anticipated completion date.
15 Which would have indicated to me
16 that this was a report that was actually
17 submitted prior to the -- prior to the work
18 actually being performed, partially so that
19 individuals who were interested and concerned
20 about what may be going up on a utility pole --
21 on the utility pole in front of their house or
22 next door, might have been able to find out that
23 information and ask questions about that before
24 the installation was done, to make sure that it
25 was safe.
231
1 Was I incorrect?
2 SENATOR RYAN: Through you,
3 Madam President. I don't think you're incorrect,
4 just not completely -- I guess completely fully
5 understanding the intent. Right?
6 So I know we're going back to the
7 initial and the possible identification of those
8 that are going to be seeking third-party
9 attachments or right-of-way attachments.
10 What -- the intent behind the bill
11 is to make sure that third-party attachments --
12 so also providers, whether it be a joint pole,
13 whether it's the electric company or telephone
14 company, who are part owners, they don't -- if a
15 third-party attacher, a third-party attachee
16 wants to get on the pole, the power company and
17 the telephone company don't have the ability to
18 say no.
19 So it's sort of a moot point being
20 asked. So I think being ahead of it, I
21 understand the intent of what you're saying, but
22 that's not really what the intent is. What the
23 intent is, is so that when these third parties
24 get on and/or they do less than safe work or
25 inefficient work or inadequate work that is not
232
1 in line with safety, that is unsafe work, there's
2 a mechanism to see to it that that work is then
3 reported.
4 So I think we keep going back to
5 getting ahead of it. But again, even if -- even
6 if you were able to identify those that wanted to
7 get on the pole prior, you wouldn't be able to
8 tell them no to begin with.
9 Does that answer your question?
10 SENATOR RHOADS: Thank you,
11 Senator. It does.
12 Will the sponsor continue to yield?
13 ACTING PRESIDENT MAYER: Do you
14 continue to yield?
15 SENATOR RYAN: Yes.
16 ACTING PRESIDENT MAYER: The
17 Senator yields.
18 SENATOR RHOADS: In the initial
19 legislation there was a process under Section 2
20 to allow public input or complaint prior to the
21 installation. And I am assuming that that is no
22 longer the case in the revised legislation,
23 correct?
24 SENATOR RYAN: Through you,
25 Madam President, yes.
233
1 SENATOR RHOADS: And will the
2 sponsor continue to yield.
3 ACTING PRESIDENT MAYER: Do you
4 continue to yield?
5 SENATOR RYAN: Yes.
6 ACTING PRESIDENT MAYER: The
7 Senator yields.
8 SENATOR RHOADS: There was also, in
9 Section B-3 of the legislation and continuing, a
10 rather extensive process for investigation of
11 complaints and adjudication of violations, which
12 also seems to have been modified.
13 Was there a rationale behind the
14 modification of that process?
15 SENATOR RYAN: Through you,
16 Madam President. There is still a reporting
17 mechanism in there. Right?
18 So there's also the photography if
19 they're -- they will be able to submit photos, so
20 they will be able to go out and if there is,
21 again, inadequate work, there is a mechanism to
22 correct that and see to it that corrective
23 actions are taken.
24 SENATOR RHOADS: Will the sponsor
25 continue to yield?
234
1 ACTING PRESIDENT MAYER: Do you
2 continue to yield?
3 SENATOR RYAN: Yes.
4 ACTING PRESIDENT MAYER: The
5 Senator yields.
6 SENATOR RHOADS: Specifically with
7 respect to -- to the fines that were in the
8 initial legislation for violations by a company
9 that could be imposed or would be imposed by law,
10 there was a first violation fine of $20,000, a
11 second violation fine of $50,000, a third
12 violation fine as well.
13 Those fines have been removed in
14 the -- in the current chapter amendment. Was
15 there a rationale behind the removal of the
16 actual penalties?
17 SENATOR RYAN: Through you,
18 Madam President. The rationale was that there is
19 currently written into law fines if one were to
20 provide or perform such bad work.
21 SENATOR RHOADS: Will the sponsor
22 continue to yield?
23 ACTING PRESIDENT MAYER: Do you
24 continue to yield?
25 SENATOR RYAN: Yes.
235
1 ACTING PRESIDENT MAYER: The
2 Senator yields.
3 SENATOR RHOADS: What are those
4 fines in comparison to what was proposed in the
5 initial legislation? We do have the power to
6 change the law with respect to those fines.
7 SENATOR RYAN: Yeah, which was
8 our -- we tried to change those because in the
9 first instance the -- well, through you,
10 Madam President.
11 There was -- the intent behind that
12 was to kind of stop that from happening from the
13 get-go, the 20 -- the first, second and the
14 third, including a stop work order.
15 The fines are higher to that. I
16 think it is to -- which would range from $150,000
17 to $500,000, a percent of the --
18 SENATOR RHOADS: Thank you,
19 Senator. Thank you very much.
20 Just on the bill.
21 ACTING PRESIDENT MAYER: Senator
22 Rhoads on the bill.
23 SENATOR RHOADS: I certainly
24 appreciate -- obviously I appreciate the
25 underlying purpose of the legislation. I also
236
1 appreciate Senator Ryan for engaging in this
2 discussion and helping to explain some of the
3 rationale behind the chapter amendment that we
4 see now.
5 I am concerned that
6 telecommunication companies may be undermining or
7 may be influencing the chapter amendment that we
8 see before us.
9 The bill certainly continues to
10 provide the laudable goal of pole attachment
11 safety and accountability after the fact. But an
12 important piece of the prior legislation was the
13 fact that this information would have been
14 provided and available to the public in advance
15 of the pole installation. So that if they had
16 questions or concerns, there was a mechanism for
17 them to voice those concerns and a mechanism for
18 them, as the installation was occurring, to be
19 able to identify who it was that was doing the
20 work, what the purpose of it was, and who was
21 accountable for it as it was being installed.
22 That unfortunately has been
23 eviscerated in the chapter amendment,
24 unfortunately. And I will be voting in the
25 opposition to the amendment.
237
1 Thank you, Madam President.
2 ACTING PRESIDENT MAYER: Thank you,
3 Senator Rhoads.
4 Are there any other Senators wishing
5 to be heard?
6 Seeing and hearing none, debate is
7 closed. The Secretary will ring the bell.
8 Read the last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect on the same date and in the
11 same manner as a chapter of the Laws of 2025.
12 ACTING PRESIDENT MAYER: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT MAYER: Senator
16 Ryan to explain his vote.
17 SENATOR RYAN: Well, while I
18 appreciate my colleague's concerns, I would
19 respectfully disagree.
20 I think at the end of the day what
21 this law accomplishes is what we set out to do.
22 What this law accomplishes is to -- if there are
23 telecommunications companies that are performing
24 unsafe, insufficient work, there is a way for the
25 general public to bring that awareness to the
238
1 Public Service Commission.
2 There is a mechanism for reporting,
3 a database, a very extensive database that
4 actually says who's going on the pole, when
5 they're going on the pole, what work was
6 performed, how many poles they went on and what
7 type of work was done, where, how, when and why.
8 There are existing fines in place to
9 take those corrective measures. The bill is a
10 little different than when it started, but at the
11 end of the day we accomplished the same thing,
12 which is making sure that all of our public
13 utility workers are going home safe to their
14 families, which is the most important thing that
15 they did when they started the day.
16 I vote aye.
17 ACTING PRESIDENT MAYER: Senator
18 Ryan to be recorded in the affirmative.
19 Announce the results.
20 THE SECRETARY: In relation to
21 Calendar 39, voting in the negative are
22 Senators Ashby, Borrello, Rhoads, Stec and
23 Walczyk. Also Senator Griffo.
24 Ayes, 51. Nays, 6.
25 ACTING PRESIDENT MAYER: The bill
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1 is passed.
2 Senator Gianaris, that completes the
3 reading of the controversial calendar.
4 SENATOR GIANARIS: Is there any
5 further business at the desk?
6 ACTING PRESIDENT MAYER: There is
7 no further business at the desk.
8 SENATOR GIANARIS: I move to
9 adjourn until tomorrow, Wednesday, January 21st,
10 at 11:00 a.m.
11 ACTING PRESIDENT MAYER: On motion,
12 the Senate stands adjourned until Wednesday,
13 January 21st, at 11:00 a.m.
14 (Whereupon, at 5:03 p.m., the Senate
15 adjourned.)
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