Gaveled in 4:33 PM · Albany, New York · 2025–26 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
February 24, 2025
4:33 p.m.
REGULAR SESSION
SENATOR SHELLEY B. MAYER, Acting President
ALEJANDRA N. PAULINO, ESQ., Secretary
P R O C E E D I N G SACTING PRESIDENT MAYER:The Senate will come to order.
I ask everyone to please rise and recite the Pledge of Allegiance.
(Whereupon, the assemblage recited the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT MAYER:Reverend Stephen Green, of the Greater Allen African Methodist Episcopal Church in Jamaica, Queens, New York, will deliver today's invocation.
Reverend.
REVEREND GREEN:I want to first thank Senator James Sanders for this gracious invitation, and Senator Leroy Comrie, and Majority Leader Senator Andrea Stewart-Cousins, for this privilege to be able to stand here today.
I am honored to be here today with my lovely wife, First Lady Braea Tilford Green, along with members of the Greater Allen Cathedral of New York -- and one of our members who is no stranger to this body, the first African-American Majority Leader, Senator Malcolm Smith.
Let us pray.
(Applause.)
REVEREND GREEN:Let us pray.
Dear God, we are grateful for the opportunity to gather in the hallowed halls of this, the New York State Senate chambers, on this historic day. We thank you for guiding and protecting these 63 servant leaders who serve the 20 million citizens of the State of New York with wisdom and grace.
We are honored that this chamber remains a glimmer of hope in the midst of this dark moment in our nation, as we fight to preserve our democracy. We know that these perilous times beckon for us to work together, with radical love and action, as modeled in this chamber, to counter the threats of fascism and authoritarianism that is wreaking its head across our country.
As we gather during this Black History Month, we are reminded of the sacrifices made by those who have come before us to foster a new vision of society that honors and respects the dignity of all human personality.
We remember New Yorkers like abolitionists Harriet Tubman and Frederick Douglass and Sojourner Truth, who fought to end slavery.
We remember civil rights activists like Bayard Rustin and Shirley Chisholm and Malcolm X, who strategized to build a new society.
We remember the freedom vision of culture architects like Zora Neal Hurston, Langston Hughes, and James Baldwin, who taught us how to stand in the face of fear.
And now more than ever, we need the freedom dreams of these love warriors to guide us through so that children from Jamaica to Jamestown, from Harlem to the Hudson Valley, and from Brooklyn to Buffalo, will have a chance to achieve the American dream.
May we always hold on to the power of our faith to work together in the spirit of Ubuntu -- I am because we are -- until every New Yorker has access to excellent education, guaranteed housing, quality healthcare, a clean environment, and safe streets.
And when this becomes our reality, when this becomes the priority of our legislative agendas, then we will be able to sing:
Lift every voice and sing
Till earth and heaven ring
Ring with the harmonies of liberty
We will let our rejoicing rise
High as the listening skies
We will let it resound
Loud as the rolling sea
We will sing this song
Full of the faith that the dark past has taught us
We will sing a song full of the hope that the present has brought us
Facing the rising sun of our new day begun
Let us march on until victory is won.
Amen.
(Response of "Amen.")
(Applause from gallery.)
ACTING PRESIDENT MAYER:Reading of the Journal.
THE SECRETARY:In Senate, Friday, February 21, 2025, the Senate met pursuant to adjournment. The Journal of Thursday, February 20, 2025, was read and approved. On motion, the Senate adjourned.
ACTING PRESIDENT MAYER:Without objection, the Journal stands approved as read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from state officers.
Motions and resolutions.
Senator Gianaris.
SENATOR GIANARIS:Good afternoon, Madam President.
I wish to call up Senator Krueger's bill, Print 1438, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT MAYER:The Secretary will read.
THE SECRETARY:Calendar Number 102, Senate Print 1438, by Senator Krueger, an act to amend the Public Health Law.
SENATOR GIANARIS:I now move to reconsider the vote by which the bill was passed.
ACTING PRESIDENT MAYER:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT MAYER:The bill is restored to its place on the Third Reading Calendar.
SENATOR GIANARIS:I offer the following amendments.
ACTING PRESIDENT MAYER:The amendments are received, and the bill will retain its place on the Third Reading Calendar.
SENATOR GIANARIS:Please recognize Senator Sanders for an introduction.
ACTING PRESIDENT MAYER:Senator Sanders for the purpose of an introduction.
SENATOR SANDERS:Thank you, Madam President. Thank you.
I want to thank the leader.
I want to -- on behalf of Senator Comrie and myself, I want to warmly welcome Pastor Stephen Green and the parishioners from the Allen -- from Greater Allen, of course, the African Methodist Episcopalian Church, to celebrate AME Day in Albany.
I appreciate that many of you have traveled very far to get here. This is the 191st anniversary of the Greater Allen AME Church, but the AME Church as a whole has a proud history in America.
It's a history of faith over resistance -- faith over failure, if you wish -- where they came into being because some people hiding under the garb of Christianity did not understand the unity of the human family, and therefore the church was created. And that started in 1834, and we are really proud of that.
In the 1840s, when most of the nation was trying to decide where they would go, this church was a leader in the Underground Railroad. In fact, a church not far from here, walking distance, was one of the stops of the Underground Railroad, where they have a tunnel -- on Hamilton Street, they have a tunnel to the river so that people could escape. So a real impressive history here.
On June 16, 2024, Reverend Stephen A. Green was appointed senior pastor, and he ushered in -- he is ushering in a new era of that historic church. Of course he could not do this alone. The First Lady, of course, doesn't walk behind him, walks side by side with him, to ensure that this is going to go the way it's supposed to.
I know they have traveled long. I have further words to say, but I will not say them today. I look forward to coming to the church to bring the resolution -- that we will vote on, on another day here -- and present it to the church.
I will come around to you in a moment, but on behalf of all of my colleagues here, we want to thank you for coming.
And Madam President, if you would give the courtesies of the Senate, I would be much obliged.
ACTING PRESIDENT MAYER:Thank you. Thank you very much, Senator Sanders.
To our guests from the Greater Allen AME Church, Reverend Green and First Lady Green, to Senator Malcolm Smith and our guests, we welcome you on behalf of the Senate. We extend all of the privileges and courtesies of the house.
Please rise and be recognized.
(Standing ovation.)
ACTING PRESIDENT MAYER:Senator Gianaris.
SENATOR GIANARIS:Thank you, Madam President.
Let's take up previously adopted Resolution 235, by Senator Sepúlveda, read that resolution's title and recognize Senator Sepúlveda.
ACTING PRESIDENT MAYER:The Secretary will read.
THE SECRETARY:Resolution 235, by Senator Sepúlveda, commemorating the 181st Anniversary of the Independence of the Dominican Republic to be celebrated on February 27, 2025.
ACTING PRESIDENT MAYER:Senator Sepúlveda on the resolution.
SENATOR SEPÚLVEDA: Thank you, Madam President, for allowing me to present this resolution.
To my colleagues and honored distinguished guests, it's an honor for me to welcome prominent Dominican personalities to the State of New York here in the Senate to celebrate Dominican Heritage Month.
I am deeply honored to stand before you today to commemorate a significant event in the history of the country, the 181st anniversary of its national independence. This day not only invites us to remember the sacrifices of our national heroes, but also to renew our commitment to the ideals of freedom, justice, sovereignty that have inspired the creation of the Dominican Republic.
More than a century and a half ago, a brave group of Dominican patriots, guided by a profound love for their homeland, fought to defend their right to be free. Today we are standing here thanks to the courage and determination of such men as Juan Pablo Duarte, Juan Isidro Pérez, Pedro Alejandro Pina, and Félix María Ruiz. They, along with other heroes, sowed the seeds of independence that would later flourish in the Dominican Republic that we now know.
I'm filled with pride when I see how, over the years, Dominicans have shown an unwavering tenacity and a unique ability to excel in any corner of the new world, especially here in New York, where in my district I have the honor of representing one of the largest communities of Dominicans in the city and in the state.
The Dominican community in New York has grown significantly over the decades. This increase not only reflects the population growth but also the consolidation of a very strong Dominican identity and culture in the city. According to the 2020 Census, there are 842,307 Dominicans in New York City, and they are the second-largest ethnic group in our city after non-Hispanic whites.
To commemorate this historic day, I would like to recognize those who, through their dedication, effort and passion, have witnessed the transformative impact of their community. Their work not only strengthens their cultural identity, but also builds a bridge between the Dominican community and the rest of our society.
Thanks to their efforts, our voice is heard more strongly in all spheres of society. Journalists, with their dedication, not only inform but also aspire and educate, ensuring that Dominican voices continue to be heard, traditions are preserved, and new generations have a sense of belonging and pride in their cultural heritage.
Today I want to recognize several of those leading Dominican figures: Dominican journalists and members of the Dominican press.
We start with recognizing Violeta Bastardo, who is a well-known journalist and communicator recognized for her hard work and dedication in the world of news. Since arriving in New York in 2007, Violeta has shown unwavering commitment to covering community news, politics and culture, especially for the Hispanic audience. She has become an influential figure in the Hispanic media.
We're also going to recognize today -- bear with me one second -- Ramon Tolentino, who is a journalist known for his involvement in police investigations in the neighborhoods of the Dominican capital. He has worked in various media outlets, including television, radio and digital platforms. On "Esto No Es Radio," his approach seems to be to generate relevant and up-to-date content for the audience, with a direct, critical and uncensored style.
Darling Burdiez is a journalist and news anchor from the Dominican Republic with over 20 years of experience in journalism. She currently works at Telemundo 47 New York, where she presents the news at various times. Before joining Telemundo, Ms. Burdiez worked at several television and radio stations in the Dominican Republic. Throughout her career, she has received several awards, including an Emmy in 2020 for "Breaking News." She has also been recognized for her contributions to communications and has an active presence on social media.
Also I want to recognize several other journalists who couldn't make it, and one community activist, Nurys De Oleo, who is a community leader and recognized for her work in Manhattan and in the Bronx and in New York City.
I'd also like to recognize a journalist, a very well-known journalist, Alicia Ortega, from the Dominican Republic. She is a news anchor and recognized for her massive work in media, and she's a prominent figure in investigative journalism and coverage on political issues.
Lastly, I'd like to recognize Julissa Céspedes, who is also a distinguished Dominican journalist with 15 years of experience in media. She has participated in the most prestigious platforms alongside prominent figures, covering high-profile national and international events.
I'm going to ask my three journalists that are here to stand so we can recognize them.
Thank you, Madam President, for giving them the recognition of the floor and for allowing me to speak on this resolution. They are Ramon Tolentino, Darling Burdiez and, last but certainly not least, we have Violeta Bastardo.
ACTING PRESIDENT MAYER:Thank you, Senator Sepúlveda. And we have additional speakers, so you can sit.
(Laughter.)
ACTING PRESIDENT MAYER:Senator Jackson on the resolution.
SENATOR JACKSON:Thank you, Madam President.
My colleagues, I rise in order to honor these individuals that have come to witness democracy at its best here in New York State.
Knowing that my district, the 31st Senatorial District, outside of the Dominican Republic is probably the most people that live in Washington Heights, Inwood, Marble Hill, and the Bronx, where Luis and I and others of my colleagues represent many, many, many people. But obviously Dominicans are the highest number of people that I represent.
And in fact, approximately 67 percent of my district has individuals that are basically Spanish-speaking, and the majority of them are from the Dominican Republic.
But knowing that the journalists and the media people are all over the place, they definitely want to make sure that you hear the news and see the news.
So I congratulate the three of them for being here today: Ramon Tolentino, congratulations. Alicia Ortega, good afternoon. And Violeta Bastardo, good afternoon.
Congratulations, and welcome aboard.
ACTING PRESIDENT MAYER:Thank you, Senator Jackson.
Senator Bailey on the resolution.
SENATOR BAILEY:Thank you, Madam President.
Thank you, Senator Sepúlveda, for introducing this important resolution and always commemorating Dominican Independence Day.
I represent the Borough of the Bronx and also the City of Mount Vernon. In both areas, there is a large and burgeoning Dominican population. As we've heard from Senator Sepúlveda and many others, the Dominican community in the Bronx is the fastest-growing ethnic group in the borough.
Also in Westchester County, in the City of Mount Vernon, let's also make sure that we also recognize the Dominican community is making large strides in that community as well.
And so it's really important for me to recognize the community. Senator Sepúlveda did not tell me about this resolution, or otherwise I would have had my De Lo Mio's on, my Nike Air Max 95 that say "De Lo Mio," which means -- you know, it's loosely translated to "One of Us."
And the warmth that I have felt from the Dominican community is often personified in that phrase, De Lo Mio. It is a very insular and prideful statement that means that, you know, when you move, you're like one of us and we make these movements together.
So I just want to say congratulations on 181 years of incredible -- you know, incredible being. And I'm trying to find the words; is it Dios, Patria y Libertad?
SENATOR SEPÚLVEDA: There you go.
SENATOR BAILEY:So that comes from memory. I just want to make sure that the Dominican community knows that we are incredibly proud of them and appreciative of them.
And I say thank you, Madam President, and I proudly support this resolution.
ACTING PRESIDENT MAYER:Thank you, Senator Bailey.
Senator Fernandez on the resolution.
SENATOR FERNANDEZ:Thank you, Madam President.
And thank you, Senator Sepúlveda, for this very important resolution.
A hundred and eighty-one years is not an easy feat. And while I am not Dominican -- no soy Dominicana -- the admiration that I have for this community is so abundant. The gratitude that I have for this community, as a Latina in New York, is abundant. And I thank them for their contributions, for the vibrancy of the culture, for expanding into every corner of the state.
Because I too represent a wonderful district in the East Bronx and Southern Westchester, and my Dominican community adds so much beauty to it.
So for this day, Felicidades. And thank you again for our journalists, for reporting on the needed information that we have to know, the hard topics, the ones that are not easy to talk about or to defend. But you do it, and you do it bravely, and I am incredibly thankful.
So thank you.
ACTING PRESIDENT MAYER:Thank you, Senator Fernandez.
Senator Cleare on the resolution.
SENATOR CLEARE:Thank you, Madam President.
Thank you, Senator Sepúlveda, for bringing forth this very important resolution.
I think it is important that we recognize all our communities in New York City which contribute to the great mosaic, as it's called. And the Dominican community has been a fast and rapidly growing community contributing so much to our food, to our music, and to the culture in general.
So I congratulate all of today's honorees, the people who are being recognized and those who did not make it here today. And of course you do report the news, and that's so important to all of our communities, to make sure that they get that information correctly.
So thank you again, and thank you, Senator Sepúlveda.
ACTING PRESIDENT MAYER:Thank you, Senator Cleare.
Senator Weber on the resolution.
SENATOR WEBER:Thank you.
And thank you to the sponsor, Senator Sepúlveda, for this very important resolution, a great resolution that you bring forward every year.
You know, as you know and as I've spoken in the past, I have a -- my father remarried when my parents divorced. My father is married to a Dominican woman from Bani, so it's an island that I visited many times as a child. So it's great to take that knowledge of the island and actually be a Senator in Rockland County, where we have a large, growing Dominican community right there in Haverstraw, a community that has great leaders like Johnny Ortiz and Ramon Lopez. We have Ramon Soto, who writes for El Sol magazine, who's also up there in Haverstraw as well.
So it's great to really all celebrate the Dominican community. We're going to have a flag -- I think a Dominican flag-raising ceremony in Haverstraw on Thursday that I'll be back to as well.
So congratulations and thank you for bringing this resolution forward as always.
ACTING PRESIDENT MAYER:Thank you, Senator Weber.
Senator Hoylman-Sigal on the resolution.
SENATOR HOYLMAN-SIGAL:Thank you, Madam President.
I want to thank Senator Sepúlveda for recognizing these individuals, which I'd like to point out is so important because community and local news is more important than ever.
Because of the consolidation of major news outlets across our country, it's crucial that New Yorkers, that members of different communities are able to access news that informs them, because they're not getting it elsewhere. And we need to support our local and community news.
So thank you, Senator Sepúlveda.
ACTING PRESIDENT MAYER:Thank you.
To our guests, distinguished journalists representing the Dominican Republic and the community, I welcome you on behalf of the Senate. We extend to you the privileges and courtesies of the house.
Please rise and be recognized.
(Standing ovation.)
ACTING PRESIDENT MAYER:The resolution was previously adopted on January 22nd.
Senator Gianaris.
SENATOR GIANARIS:Madam President, Senator Sepúlveda would like to open that resolution up for cosponsorship.
ACTING PRESIDENT MAYER:The resolution is open for cosponsorship. Should you choose not to be a cosponsor on the resolution, please notify the desk.
Senator Gianaris.
SENATOR GIANARIS:Please take up the reading of the calendar.
ACTING PRESIDENT MAYER:The Secretary will read.
THE SECRETARY:Calendar Number 94, Senate Print 820, by Senator Hinchey, an act to amend the Real Property Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 28. This act shall take effect immediately.
ACTING PRESIDENT MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Announce the results.
THE SECRETARY:In relation to Calendar 94, those Senators voting in the negative are Senators Borrello, Canzoneri-Fitzpatrick, Chan, Cooney, Gallivan, Griffo, Helming, Lanza, Martinez, Mattera, Oberacker, O'Mara, Ortt, Rhoads, Skoufis, Stec, Tedisco, Walczyk and Weik.
Ayes, 41. Nays, 19.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 119, Senate Print 1610, by Senator Harckham, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 180th day after it shall have become a law.
ACTING PRESIDENT MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Announce the results.
THE SECRETARY:In relation to Calendar 119, voting in the negative: Senator Walczyk.
Ayes, 59. Nays, 1.
ACTING PRESIDENT MAYER:The bill is passed.
Can we have a little order.
Thank you.
THE SECRETARY:Calendar Number 123, Senate Print 29, by Senator Harckham, an act to amend the Public Health Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 90th day after it shall have become a law.
ACTING PRESIDENT MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Announce the results.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 124, Senate Print 195, by Senator Martinez, an act to amend the Public Health Law.
SENATOR LANZA:Lay it aside.
ACTING PRESIDENT MAYER:The bill is laid aside.
THE SECRETARY:Calendar Number 197, Senate Print 2324, by Senator Comrie, an act to amend the Public Authorities Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the 90th day after it shall have become a law.
ACTING PRESIDENT MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Announce the results.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 223, Senate Print 378, by Senator Brouk, an act to amend the Education Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 90th day after it shall have become a law.
ACTING PRESIDENT MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Announce the results.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 226, Senate Print 3029, by Senator Stavisky, an act to amend the Education Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 4. This act shall take effect two years after it shall have become a law.
ACTING PRESIDENT MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Announce the results.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 233, Senate Print 661, by Senator Gianaris, an act to amend the Insurance Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of January.
ACTING PRESIDENT MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Announce the results.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 236, Senate Print 52, by Senator Liu, an act to amend the Tax Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 120th day after it shall have become a law.
ACTING PRESIDENT MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Announce the results.
THE SECRETARY:In relation to Calendar 236, voting in the negative: Senator Walczyk.
Ayes, 59. Nays, 1.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 266, Senate Print Number 2069, by Senator Scarcella-Spanton, an act to amend the Executive Law.
SENATOR LANZA:Lay it aside.
ACTING PRESIDENT MAYER:The bill is laid aside.
THE SECRETARY:Calendar Number 277, Senate Print 1057, by Senator Serrano, an act to amend the Parks, Recreation and Historic Preservation Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of January.
ACTING PRESIDENT MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Announce the results.
THE SECRETARY:In relation to Calendar 277, voting in the negative are Senators Helming and Walczyk.
Ayes, 58. Nays, 2.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 283, Senate Print 1991, by Senator Sanders, an act to amend the Banking Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Announce the results.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 284, Senate Print 2027, by Senator Sanders, an act to amend the Banking Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Announce the results.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 288, Senate Print 417, by Senator Gianaris, an act to amend the Election Law.
ACTING PRESIDENT MAYER:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Announce the results.
THE SECRETARY:In relation to Calendar 288, voting in the negative: Senator Ortt. Also Senator Gallivan.
Ayes, 58. Nays, 2.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 301, Senate Print 1186, by Senator Addabbo, an act to amend the Highway Law.
SENATOR LANZA:Lay it aside.
ACTING PRESIDENT MAYER:The bill is laid aside.
Senator Gianaris, that completes the reading of today's calendar.
SENATOR GIANARIS:Let's move to the controversial calendar, please.
ACTING PRESIDENT MAYER:The Secretary will ring the bell.
The Secretary will read.
THE SECRETARY:Calendar Number 124, Senate Print 195, by Senator Martinez, an act to amend the Public Health Law.
ACTING PRESIDENT MAYER:Senator Lanza, why do you rise?
SENATOR LANZA:Madam President, I believe there's an amendment at the desk. I waive the reading of that amendment and ask that you recognize Senator Helming.
ACTING PRESIDENT MAYER:Thank you, Senator Lanza.
Upon review of the amendment, in accordance with Rule 6, Section 4B, I rule it nongermane and out of order.
SENATOR LANZA:Accordingly, Madam President, I appeal the ruling of the chair and ask that Senator Helming be heard on that appeal.
ACTING PRESIDENT MAYER:The appeal has been made and recognized, and Senator Helming may be heard.
SENATOR HELMING:Thank you, Madam President.
I rise to appeal the ruling of the chair. The proposed amendment that I have before this body is germane to the bill at hand. Both bills relate to preventing the spread of certain contraband. The bill at hand addresses the spread of contraband among youth and within our schools, while the amendment I put forward will prevent the spread of dangerous contraband among incarcerated individuals, our corrections officers, civilians, and even visitors to our state correctional facilities.
And I want to point out something that is really important to me, and that's that those visitors to our correctional facilities include young children. So I do think that the bill is germane.
As corrections officers continue to protest in response to the unsafe conditions within our correctional facilities, it's beyond time for us to address the ongoing threat that prison contraband poses to everyone.
We continue to read, report after report, about the hospitalizations due to the exposure of dangerous substances and weapons that are being introduced and spread throughout our state-run correctional facilities.
To me, these reports make it quite clear that DOCCS and the state leaders have failed to provide the tools necessary to keep dangerous contraband out of state correctional facilities.
But today, with the amendment that I've put forward, this body has an opportunity to make a difference by making the changes needed to ensure the safety of everyone, everyone within our state correctional facilities.
This amendment will help eliminate dangerous contraband by requiring the use of narcotics -- by requiring the use of narcotics detecting canine patrols outside of every prison, establishing a secure vendor mail program, and allowing DOCCS facilities to deny entry to any person who refuses to pass through a body scanner.
And, Madam President, what is very appalling to me is that these body scanners are already present and available for use in many of our facilities. When I tell people that these body scanners are currently optional, they cannot believe that that's true.
New York State continues to face unprecedented challenges within the walls of our prisons because of deplorable conditions and horrible policies like the HALT Act. We again have an opportunity today to begin to resolve the current crisis by coming together and implementing commonsense policy like the contraband screening amendment before this body.
But we need to act now, before it's too late. Everyone is depending on us, whether it's the incarcerated individuals, the civilians who visit or work there, and our corrections officers.
For these reasons and many more, Madam President, I ask you to please reconsider your decision.
ACTING PRESIDENT MAYER:Thank you, Senator.
I want to remind the house that the vote is on the procedures of the house and the ruling of the chair.
Those in favor of overruling the chair, signify by saying aye.
(Response of "Aye.")
SENATOR LANZA:Request a show of hands.
ACTING PRESIDENT MAYER:A show of hands has been requested and so ordered.
Announce the results.
THE SECRETARY:Ayes, 22.
ACTING PRESIDENT MAYER:The ruling of the chair stands, and the bill-in-chief is before the house.
Read the last section.
No, excuse me one minute.
Senator Gianaris.
SENATOR GIANARIS:Madam President, we've agreed to restore this bill to the noncontroversial calendar.
ACTING PRESIDENT MAYER:The bill is restored to the noncontroversial calendar.
Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Announce the results.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 266, Senate Print Number 2069, by Senator Scarcella-Spanton, an act to amend the Executive Law.
ACTING PRESIDENT MAYER:Senator Lanza, why do you rise?
SENATOR LANZA:Madam President, I believe there's an amendment at the desk. I waive the reading of that amendment and ask that you recognize Senator Stec.
ACTING PRESIDENT MAYER:Thank you, Senator Lanza.
Upon review of the amendment, in accordance with Rule 6, Section 4B, I rule it nongermane and out of order at this time.
SENATOR LANZA:Accordingly, Madam President, I appeal the ruling of the chair and ask that Senator Stec be heard on the appeal.
ACTING PRESIDENT MAYER:The appeal has been made and recognized, and Senator Stec may be heard.
SENATOR STEC:Thank you, Madam President.
I rise to appeal the ruling of the chair. The proposed amendment is germane to the bill at hand, which relates to disaster preparedness. And HALT has eroded conditions within our prisons, preventing DOCCS from adequately preparing for and responding to disasters within prisons, including the current disaster we're witnessing which has led us to these strikes.
Since the HALT Act went into effect in March 2022, correction officers of the state have been facing the horrors created by this law every day. In the two years since it took effect, state prisons have seen a 32 percent increase in assaults on staff, from 1,473 to 1,938.
Inmate-on-inmate assault has increased a whopping 81 percent, from 1,489 to 2,697. This is the direct result of the HALT Act, which has deprived corrections officers of the essential tool they need to keep correctional facilities safe: The ability to remove and segregate those violent inmates who assault others, including their fellow inmates.
Prior to HALT, violent and disruptive inmates could be segregated for a period of time deemed appropriate. Under HALT, an inmate can't spend more than three consecutive days in segregate confinement, and longer than six total within a 30-day period. Only in extreme cases can those time frames be expanded up to 15 consecutive days, or 20 total days in a 60 day period.
This has led to a severe staffing crisis within our prisons. Corrections officers are leaving at alarming rates because of the deplorable and unsafe conditions within prisons.
COs are an important part of our law enforcement community. They risk their lives to keep inmates safe, keep prisons orderly, and protect the surrounding communities from the danger that lies within prisons.
But we can't keep or recruit corrections officers because of the disastrous policies enacted by this Majority.
The instability and danger has led us to where we are now: COs at nearly every correctional facility in the state have gone on strike, finally standing up to oppose the inhumane conditions they have been forced to endure because of the HALT Act. And all they're asking for is the ability to work in a safe environment where inmates know they can face consequences for their actions and can be separated when they pose a risk to the facility.
In recent days, I've -- as many of us have, I've had the opportunity -- and I've taken it -- to visit our corrections facilities. And we all recall that HALT, 21 years or younger, 55 years or older, are not eligible. So older inmates are using younger inmates, who are not subject to HALT, to commit their assaults that they want committed on behalf of them, so no one faces any repercussions.
Inmates, including Honor Block inmates, have told me personally over the years that they've felt safer before HALT -- let me repeat that. I've had inmates, including Honor Block inmates, tell me that they felt safe prior to HALT, that special housing and RRU have more freedoms, more time out of the cell, more time with the tablet -- and insert here "phone," because that's what the tablet is -- than the general population or people on Honor Block.
HALT has incentivized bad, violent, disruptive, dangerous behavior in our prisons. Not just to staff -- some might be more concerned for staff -- but also for inmates -- some might be more concerned for the inmates.
I have seven remaining facilities in my Senate district, more than anybody else. I've seen video of these assaults, I've talked to the COs with the injuries -- broken eye sockets, broken bones, lacerations. There are no consequences for these attacks. There is no deterrent.
Inmates have stated that they've decided to punch, quote, the first staff member they encountered, just to get back into SHU, to have more time with the tablet, more time having people serve them and bring them stuff, more time out of their cell than people in the general population.
It's no wonder that our recruitment and retention have plummeted, and that has resulted in mandatory overtime, routinely forced 24- or 36-hour shifts. Dangerous. We monitor how long a truck driver can drive on the road before they have to have rest. You're asking -- you are requiring, your State Department of Corrections and Supervision is requiring our state employees to work well past 24 hours routinely.
Some of these guys make triple their salary in overtime. Think about the math there, how much time they have to work in order to earn that kind of salary.
New York State, as a $250 billion corporation and employer, has a duty to provide a safe work environment for all of our employees. Where is the Department of Labor? They'd be all over any other employer for forcing employees to work 24-hour shifts routinely.
This strike has not been about asking for more money. It's about having a work environment free of having feces thrown at you -- how many of you would tolerate that in your work environment? What would DOL say if any other employer had that kind of work conditions?
They want to be able to work where they're not routinely assaulted at work. We have special protections that we voted for, for retail workers and for transit workers. But where are the basic protections from assault for our workers that are in our correctional facilities?
This strike has been about not being forced to work 24 to 36 hours straight routinely without notice, which is unsafe and unfair to them and their families.
And it's also about their exposure to chemicals, the drugs and poisons. These aren't just drugs that are being smuggled in as contraband. This is rat poison put in with wasp killer and you name it. They don't have tests for this stuff yet.
And in my district just a couple of weeks ago, Madam President, 25 staff members -- not just NYSCOPBA members, nurses, civilian staff -- 25 in one night at Upstate Correctional had to be taken to the emergency room because they were exposed to something. DOCCS never figured out what it was. Some people actually had the audacity to suggest that it was all in their heads because somehow people that work in a prison were stressed out by seeing somebody overdose. Overdoses are a routine occurrence in our prisons. As a matter of fact, just the other day, last week when I was at Adirondack Correctional talking to the folks outside there, two inmates left the facility because an inmate had been exposed to something and a nurse had been exposed to something.
There's a major contraband crisis in our facilities. As has been mentioned previously, we bought $13 million worth of personal body scanners, the same ones that you would use in the TSA. If you want to get on a plane in the United States of America, a commercial jet, you're going to get on -- in that body scanner or you're not getting on that plane, period.
But, however, we already bought these in the 2023 budget, but we made them optional for visitors and we made them optional for inmates. And we have contact visitation, where they're sharing food bags and touching each other, and that's where a lot of this contraband is being passed. And they're exposing each other and our staff to God knows what poisons. Body scanners should be mandatory.
Likewise, our secure vendor program is an absolute joke in this state. Anyone with an Amazon box can ship something in, posing as Amazon, and any unscrupulous person that wants to create an LLC in order to ship drugs into our facilities, they can do it as a third-party vendor through Amazon or Walmart.
It's a joke. We don't have to reinvent the wheel. We have the tools to do this. If we're serious about our inmates' safety and we're serious about our staffs' safety, then we're going to fix the contraband problem, we're going to fix the body scanner problem, we're going to fix the secure vendor problem. But most importantly, we are going to repeal HALT.
Since its implementation, HALT has been a disaster for both staff and for our inmates. And, Madam President, for these reasons I strongly urge you to -- for the love of God -- reconsider your ruling and repeal HALT.
ACTING PRESIDENT MAYER:Thank you, Senator.
I want to remind the house the vote is on the procedures of the house and the ruling of the chair.
Those in favor of overruling the chair, signify by saying aye.
(Response of "Aye.")
SENATOR LANZA:Show of hands.
ACTING PRESIDENT MAYER:A show of hands has been requested and so ordered.
Announce the results.
THE SECRETARY:Ayes, 22.
ACTING PRESIDENT MAYER:The ruling of the chair stands, and the bill-in-chief is before the house.
SENATOR GIANARIS:Madam President, we've also agreed to restore this bill to the noncontroversial calendar.
ACTING PRESIDENT MAYER:The bill has been restored to the noncontroversial calendar.
Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 120th day after it shall have become a law.
ACTING PRESIDENT MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Announce the results.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT MAYER:The bill is passed.
THE SECRETARY:Calendar Number 301, Senate Print 1186, by Senator Addabbo, an act to amend the Highway Law.
ACTING PRESIDENT MAYER:Senator Lanza, why do you rise?
SENATOR LANZA:Madam President, I believe there's an amendment at the desk. I waive the reading of that amendment and ask that you recognize Senator Martins.
ACTING PRESIDENT MAYER:Thank you, Senator Lanza.
Upon review of the amendment, in accordance with Rule 6, Section 4B, I rule it nongermane and out of order at this time.
SENATOR LANZA:Accordingly, Madam President, I appeal the ruling of the chair and ask that you recognize Senator Martins on the appeal.
ACTING PRESIDENT MAYER:The appeal has been made and recognized, and Senator Martins may be heard.
SENATOR MARTINS:Thank you, Madam President.
I am hopeful the third time is a charm this afternoon. But hope springs eternal.
Madam President, I rise to appeal the ruling of the chair. The proposed amendment is germane, as the bill at hand deals with construction, congestion and safety on the City of New York streets, and the amendment I have brought today also deals with a program that claims to remedy vehicle safety and traffic safety in New York City -- specifically, Madam President, in Manhattan south of 60th Street.
I think we've all seen the impact that congestion pricing has had on our local communities. Those of us who live in the suburbs, whether it's in Nassau or Suffolk County, or those of us who live in the suburbs, Madam President, north of New York City in Westchester, Orange, Dutchess and Rockland counties, or those who live in the outer boroughs -- the Bronx, Brooklyn, Queens, Staten Island -- we've all heard from our constituents on the impacts that congestion pricing has had on our communities.
The congestion pricing plan has been deemed unlawful by the federal government, Madam President, and the Governor has refused to comply and turn off the tolls while so many New Yorkers bear the financial burden of the MTA. There are serious reservations by the people of New York, especially those in the MTA region and in many of our communities, and we've heard it all too often on both sides of the aisle.
In fact, Madam President, there was a pause made to this entire program because of the outcry that came from the communities. And the reason that that pause was put in place was because, yes, people recognized -- and many people in this chamber recognized, on the record -- how devastating it would be to our communities. And then lo and behold, in late November of this last year, after an election in early November, the Governor decided to press "play." And I did not hear nor did anyone else hear from anyone in this chamber with regard to those reservations that had been voiced before.
So here's our opportunity, with the help of my dear colleague Senator Addabbo and the bill that he has offered, to allow the opportunity for us to rectify this mistake and to send a message to our communities that we're going to prioritize them.
There is no plan to assist or exempt first responders, Madam President, and other essential workers with congestion pricing, despite their irregular hours and imminent need in the city. Small trucks operating in the congestion zone are charged $14.40 and large trucks are charged $21.60, with a significant impact on our building trades, those who go into New York City just to do work.
They can't -- we can't expect them to go into the city and carry their tools on the Long Island Rail Road with them, or the materials that they need to actually do their job. And yet we're imposing this tax on them.
The MTA has not addressed their losses or inability to stop fare evasion, Madam President, to this day. They recognize that the MTA loses close to a billion dollars a year because people simply choose not to pay the fare on the subway, in our New York City buses.
And as we all know, the projected revenue from congestion pricing is just under a billion dollars. And so if the MTA leadership took the opportunity to merely enforce the fares that they have on the books, there is no reason why people from our communities should be paying $9 or more because someone has been allowed to consistently avoid paying their fare.
So, Madam President, the amendment I have brought today will ensure that congestion pricing is repealed and will ensure that the MTA is audited to ensure that the MTA and mass transit continues to be sustainable for our communities in the downstate region.
And we have all recognized that the lifeblood of our state runs through mass transit and through the MTA. And for the sake of preserving mass transit and the MTA, let's all agree. Let's appeal -- let's repeal congestion pricing, and let's ensure that the MTA is audited once and for all to recover all of those losses.
Our residents deserve better, Madam President, and for those reasons I strongly urge you to reconsider your ruling.
ACTING PRESIDENT MAYER:Thank you, Senator Martins.
I want to remind the house the vote is on the procedures of the house and the ruling of the chair.
Those in favor of overruling the chair, signify by saying aye.
(Response of "Aye.")
SENATOR LANZA:Show of hands.
ACTING PRESIDENT MAYER:A show of hands has been requested and so ordered.
Announce the results.
THE SECRETARY:Ayes, 22.
ACTING PRESIDENT MAYER:The ruling of the chair stands, and the bill-in-chief is before the house.
SENATOR GIANARIS:Madam President, we have also agreed to restore this bill to the noncontroversial calendar.
ACTING PRESIDENT MAYER:This bill has been restored to the noncontroversial calendar.
Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 90th day after it shall have become a law.
ACTING PRESIDENT MAYER:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAYER:Announce the results.
THE SECRETARY:In relation to Calendar 301, voting in the negative: Senator Walczyk.
Ayes, 59. Nays, 1.
ACTING PRESIDENT MAYER:The bill is passed.
Senator Gianaris.
SENATOR GIANARIS:Madam President, please recognize Senator Webb for a special introduction.
ACTING PRESIDENT MAYER:Senator Webb for an introduction.
SENATOR WEBB:Thank you, Madam President.
I wanted to acknowledge that we will be taking up a resolution that is memorializing Governor Kathy Hochul to proclaim February 24th as Domestic Violence Awareness and Prevention Day in the State of New York.
I want to thank our Senate Majority Leader, Senator Andrea Stewart-Cousins, for her continued leadership on this important issue.
We know -- and we talk about this in our chamber and most certainly actively advance policies around domestic violence. It is a crisis that knows no boundaries. It affects individuals regardless of race, gender, sexual orientation, zip code or socioeconomic status. It is not just a private matter. It is a public health issue, an economic issue, and most of all a human rights issue that impacts families, communities, and our entire state.
Every minute 24 people in the United States become victims of domestic violence, sexual assault, or stalking. That is more than 12 million people every year. And that's our neighbors, our friends, our coworkers and our loved ones.
We also know that domestic violence disproportionately impacts Black women, LGBTQ+ individuals, Native women, and communities of color. Systemic barriers, such as lack of access to resources and institutional racism, compound the danger that these survivors face.
Madam President, I want to at this time acknowledge some distinguished guests that we have in our chamber. I am honored that advocates from the New York State Coalition Against Domestic Violence have joined us today, including the director of public policy and advocacy, Joan Gerhardt. Also along with Joan is Connie Neal, Heather Campbell, Shannon Wong, Lorien Castelle, Jen Clark, Lauren Pence, Ashley Amidon, Abigail Murat, Esmeralda Pena, Jess Schafroth and Amanda Cavanaugh.
We thank all of the advocates and volunteers at NYSCADV for your tireless efforts to provide not only training and technical assistance for local domestic violence programs across our state, but you also work with our communities to change our culture into one that doesn't condone violence, that in fact advocates for policies to make sure that survivors across our state are provided with the support that they need to get safe and to heal and to ultimately thrive.
And with that, Madam President, I ask that we welcome these amazing advocates to our chamber and extend the privileges of our house. Thank you.
ACTING PRESIDENT MAYER:Thank you very much.
To our guests from the New York State Coalition Against Domestic Violence, we welcome you to our chamber. Thank you for being present here today.
Please rise and be recognized.
(Standing ovation.)
ACTING PRESIDENT MAYER:Senator Gianaris, that completes the reading of today's calendar.
SENATOR GIANARIS:Thank you, Madam President. One final bit of business.
On behalf of Majority Leader Stewart-Cousins, in consultation with Senator Ortt, I hand up the following committee assignment of the Minority Conference and ask that it be filed in the Journal.
ACTING PRESIDENT MAYER:The handup is received and shall be filed in the Journal.
Senator Gianaris.
SENATOR GIANARIS:Is there any further business at the desk?
ACTING PRESIDENT MAYER:There is no further business at the desk.
SENATOR GIANARIS:I move to adjourn until tomorrow, Tuesday, February 25th, at 3:00 p.m.
ACTING PRESIDENT MAYER:On motion, the Senate stands adjourned until tomorrow, Tuesday, February 25th, at 3:00 p.m.
(Whereupon, at 5:25 p.m., the Senate adjourned.)
Highest impact first.
Train Abortion Care Providers
Regulate Short-Term Rentals
Add Oversight to State Land Sales
Ban Gendered Insurance Rates
Ban Vape-Like School Supplies
License Genetic Counselors Statewide
Report Parkland Sales
Show Loan Repayment in Letters