4723
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 May 19, 2026
11 3:50 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR JAMAAL T. BAILEY, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
20
21
22
23
24
25
4724
1 P R O C E E D I N G S
2 ACTING PRESIDENT BAILEY: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and recite the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT BAILEY: 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 BAILEY: Reading
14 of the Journal.
15 THE SECRETARY: In Senate, Monday,
16 May 18, 2026, the Senate met pursuant to
17 adjournment. The Journal of Friday, May 15,
18 2026, was read and approved. On motion, the
19 Senate adjourned.
20 ACTING PRESIDENT BAILEY: 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 Krueger
4725
1 moves to discharge, from the Committee on Health,
2 Assembly Bill Number 5383A and substitute it for
3 the identical Senate Bill 7266, Third Reading
4 Calendar 394.
5 Senator Krueger moves to discharge,
6 from the Committee on Commerce, Economic
7 Development and Small Business, Assembly Bill
8 Number 10525 and substitute it for the identical
9 Senate Bill 9543, Third Reading Calendar 876.
10 Senator Skoufis moves to discharge,
11 from the Committee on Health, Assembly Bill
12 Number 3254A and substitute it for the identical
13 Senate Bill 3958A, Third Reading Calendar 1092.
14 Senator Fahy moves to discharge,
15 from the Committee on Women's Issues,
16 Assembly Bill Number 6029 and substitute it for
17 the identical Senate Bill 2121, Third Reading
18 Calendar 1110.
19 Senator Ramos moves to discharge,
20 from the Committee on Labor, Assembly Bill
21 Number 368A and substitute it for the identical
22 Senate Bill 10057, Third Reading Calendar 1116.
23 ACTING PRESIDENT BAILEY: So
24 ordered.
25 Messages from the Governor.
4726
1 Reports of standing committees.
2 Reports of select committees.
3 Communications and reports from
4 state officers.
5 Motions and resolutions.
6 Senator Gianaris.
7 SENATOR GIANARIS: Good afternoon,
8 Mr. President.
9 ACTING PRESIDENT BAILEY: Good
10 afternoon.
11 SENATOR GIANARIS: I'm tempted to
12 begin session by asking for a moment of silence
13 for the Buffalo Sabres, but instead we will just
14 celebrate a hard-fought season. They gave us a
15 lot of entertainment, and we look forward to next
16 year.
17 I do have some amendments on the
18 following Third Reading Calendar bills.
19 By Senator Rivera, page 22, Calendar
20 Number 619, Senate Print 1856A;
21 By Senator Bailey, page 25, Calendar
22 Number 706, Senate Print 9403;
23 By Senator Bailey, page 34, Calendar
24 Number 887, Senate Print 9746;
25 And by Senator Myrie, page 43,
4727
1 Calendar Number 1027, Senate Print 3789A.
2 ACTING PRESIDENT BAILEY: The
3 amendments of those are received, and those bills
4 will retain their places on the Third Reading
5 Calendar.
6 Senator Gianaris.
7 SENATOR GIANARIS: I also wish to
8 call up the following bills, which were recalled
9 from the Assembly and are now at the desk:
10 Senate Numbers 1783B, 5049, 3207A,
11 1784, and 2091.
12 ACTING PRESIDENT BAILEY: The
13 Secretary will read.
14 THE SECRETARY: Calendar Number
15 214, Senate Print 1783B, by Senator Hinchey, an
16 act to amend the Agriculture and Markets Law.
17 Calendar Number 514, Senate Print
18 1784, by Senator Hinchey, an act to amend the
19 Agriculture and Markets Law.
20 Calendar Number 573, Senate Print
21 2091, by Senator Kavanagh, an act to amend the
22 Executive Law.
23 Calendar Number 392, Senate Print
24 3207A, by Senator Kavanagh, an act to amend the
25 Public Health Law.
4728
1 Calendar Number 299, Senate Print
2 5049, by Senator Bailey, an act to amend the
3 Insurance Law.
4 SENATOR GIANARIS: I move to
5 reconsider the votes by which these bills were
6 passed.
7 ACTING PRESIDENT BAILEY: Call the
8 roll on reconsideration.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 59.
11 ACTING PRESIDENT BAILEY: The bills
12 are restored to their place on the Third Reading
13 Calendar.
14 SENATOR GIANARIS: I offer the
15 following amendments.
16 ACTING PRESIDENT BAILEY: The
17 amendments are received.
18 SENATOR GIANARIS: Please recognize
19 Senator Mayer for an introduction.
20 ACTING PRESIDENT BAILEY: Senator
21 Mayer for the purposes of an introduction.
22 SENATOR MAYER: Thank you,
23 Mr. President.
24 It really is a delight to be here
25 today to introduce a number of students from
4729
1 across New York who are here with the students
2 Inside Albany project of the League of
3 Women Voters of New York State.
4 These students come for several
5 days. They get to shadow various members of the
6 Legislature. And I know many of us have them
7 from our districts here today. They learn not
8 only about what we do by watching us here on the
9 floor -- and I've explained to some of them about
10 the process -- but also by seeing what we do in
11 our offices, how the chambers operate, the nature
12 of the important issues that we discuss, and the
13 fact that we have a collegial, cooperative and
14 yet full of disagreement body here that actually
15 works quite well.
16 This is the best of democracy in
17 what they get to see, and we're very privileged
18 to have them.
19 From my district I would like to
20 introduce several students who are here:
21 Karim Hammami, from White Plains
22 High School; Layla Hanbali, from White Plains
23 High School; Raine Demasi, from Mamaroneck
24 High School; Samantha Goldban from Scarsdale High
25 School; and Shawn Rungrush {ph} from
4730
1 Mamaroneck High School.
2 But I know many of my colleagues
3 also have students here today. This is a
4 wonderful program of the League of Women Voters.
5 I do want to note that some of them
6 noted that the bill that this Legislature passed
7 and the Governor signed appointing a student
8 representative to every board of education in the
9 state has made a lasting difference both for
10 students and for members of the board.
11 I'm grateful to my colleagues for
12 passing that bill. It was an effort to enhance
13 civic participation by students and listening by
14 adults, and I think it's done both. And the
15 evidence of their presence here today just shows
16 how many students are truly interested in our
17 civic life.
18 I hope you will give them the
19 cordialities of the house, and thank you for
20 letting me introduce them.
21 ACTING PRESIDENT BAILEY: Thank
22 you, Senator Mayer.
23 On behalf of Senator Mayer and so
24 many of our colleagues, we welcome you on behalf
25 of the Senate. We thank you for coming up. If
4731
1 this is your first visit, we hope it's not your
2 last. Thank you for wanting to be educated.
3 Please rise and be recognized by the
4 State Senate.
5 (Standing ovation.)
6 ACTING PRESIDENT BAILEY: Senator
7 Gianaris.
8 SENATOR GIANARIS: Now please call
9 on Senator Scarcella-Spanton for another
10 introduction.
11 ACTING PRESIDENT BAILEY: Senator
12 Scarcella-Spanton for an introduction.
13 SENATOR SCARCELLA-SPANTON: Thank
14 you, Mr. President.
15 It is my pleasure to introduce to
16 Albany some Staten Island titleholders. You may
17 have noticed them walking around today in their
18 crowns and their sashes.
19 We had an amazing day. They all
20 came to shadow me, so they got to go to the
21 EMS Memorial, they got to come to a committee
22 meeting and just meeting a few of you throughout
23 the way as well. So we really appreciate it.
24 Today we have with us Nadia Anwar,
25 Miss New York's Teen; Gabriella Marinelli,
4732
1 Miss Staten Island; Nadia Mitchell, Miss Richmond
2 County; Victoria DiPaolo, Miss Staten Island's
3 Teen; Alexis Ryan, Miss Richmond County's Teen.
4 And we do know I'm not going to
5 forget to mention the moms here. We have
6 Lori Anwar and Kim Ryan, who are chaperoning them
7 today. They're right in the background, and they
8 deserve credit too.
9 These young women truly represent
10 the very best of our communities and families
11 throughout Staten Island. I've had an
12 opportunity to meet with them a few times, and I
13 see them at more events than I am even at. I
14 know my staff sees you everywhere too.
15 They work on issues ranging from
16 digital media literacy to veterans to breast
17 cancer awareness and survivors and so much in
18 between.
19 I cannot wait to see what these
20 young ladies do. And I will say it was truly a
21 privilege and an honor to have them up here in
22 Albany. We're going to do the same thing in the
23 district as well, so you have a feel for every
24 facet of government. But we appreciate the work
25 that you do.
4733
1 And beyond the titles and the
2 honors, you serve as role models for young people
3 everywhere, proving that with determination,
4 purpose and integrity, anything is possible.
5 So we are so proud to have you here.
6 Thank you so much. And I pass it to you,
7 Mr. President.
8 ACTING PRESIDENT BAILEY: Thank
9 you, Senator Scarcella-Spanton.
10 To our incredible pageant winners
11 but also role models and students and young women
12 making a difference on Staten Island and beyond,
13 I welcome you on behalf of the State Senate. We
14 extend to you all of the privileges and
15 courtesies of this house.
16 Please remain standing and be
17 recognized.
18 (Standing ovation.)
19 ACTING PRESIDENT BAILEY: Senator
20 Gianaris.
21 SENATOR GIANARIS: And now
22 Senator Sutton, for one more introduction.
23 ACTING PRESIDENT BAILEY: Senator
24 Sutton for the purposes of an introduction.
25 SENATOR SUTTON: Thank you,
4734
1 Mr. President.
2 I stand here today to recognize an
3 extraordinary New Yorker whose commitment to
4 service, compassion, and community has touched
5 the lives of a countless number of people:
6 Mr. James Halpin.
7 Mr. Halpin has distinguished himself
8 not only through professional success but through
9 a deep and unwavering dedication to helping
10 others. He serves on the board of the
11 Florina Rusi Marke Cancer Foundation, supporting
12 families and advancing hopes for those suffering
13 from this terrible disease.
14 He also is a cofounder of Kids for
15 Kids at the St. Jude's Children's Research
16 Hospital, inspiring young people to lead with
17 generosity, empathy and purpose.
18 His humanitarian work has earned
19 national recognition from both the
20 National MS Society and the Brian C. Halpin
21 Pediatric Cancer Center, honors that reflect a
22 lifetime devoted to lifting others up in their
23 time of need.
24 But perhaps what is most inspiring
25 about James Halpin is that he sets us a living
4735
1 example: An individual driven by compassion and
2 civic responsibility truly can make a profound
3 difference in the lives of others.
4 Thank you for your lifetime
5 commitment.
6 I am honored to welcome Mr. Halpin
7 to the New York State Senate and recognize him
8 for his leadership, his service, and his enduring
9 commitment to humanity. We thank him and we
10 congratulate him on this well-deserved honor.
11 Thank you.
12 ACTING PRESIDENT BAILEY: Thank
13 you, Senator Sutton.
14 To Mr. Halpin, we thank you for your
15 love of community and supporting children and
16 families.
17 We welcome you on behalf of the
18 State Senate. We extend to you all of the
19 privileges and cordialities of this house.
20 Please rise and be recognized.
21 (Standing ovation.)
22 ACTING PRESIDENT BAILEY: Senator
23 Gianaris.
24 SENATOR GIANARIS: Mr. President,
25 at this time I move to adopt the
4736
1 Resolution Calendar, with the exception of
2 Resolutions 2094 and 2104.
3 ACTING PRESIDENT BAILEY: All those
4 in favor of adopting the Resolution Calendar,
5 with the exception of Resolutions 2094 and 2104,
6 please signify by saying aye.
7 (Response of "Aye.")
8 ACTING PRESIDENT BAILEY: Opposed,
9 nay.
10 (No response.)
11 ACTING PRESIDENT BAILEY: The
12 Resolution Calendar is adopted.
13 Senator Gianaris.
14 SENATOR GIANARIS: Now let's take
15 up previously adopted Resolution 1903, by
16 Senator Jackson, read that resolution's title,
17 and call on Senator Jackson.
18 ACTING PRESIDENT BAILEY: The
19 Secretary will read.
20 THE SECRETARY: Resolution 1903, by
21 Senator Jackson, honoring the life and legacy of
22 Dorothy E. Reid, and commemorating her historic
23 role in Brown v. Board of Education on the
24 72nd Anniversary of the Supreme Court's decision.
25 ACTING PRESIDENT BAILEY: Senator
4737
1 Jackson on the resolution.
2 SENATOR JACKSON: Thank you, my
3 colleagues.
4 Today I rise to present this
5 resolution, J1903, honoring the life and legacy
6 of Dorothy E. Reid, affectionately known as Dot,
7 and commemorating the 72nd anniversary of
8 Brown v. Board of Education, one of the most
9 consequential decisions in the moral and
10 constitutional history of our nation.
11 I also rise to recognize the
12 Reid family. The elders are down here, and the
13 rest of the family is up there, sitting and
14 observing what's going on.
15 But we welcome you to this chamber
16 in deep respect and gratitude. Because when we
17 honor Dot -- and we are not only honoring her
18 name in the record, but we are honoring a
19 daughter, a mother, a grandmother, a sister, a
20 mentor, and a woman whose courage became part of
21 America's conscience.
22 Seventy-two years ago the
23 Supreme Court declared what Black families,
24 student teachers, freedom fighters had always
25 known: Segregation was not equal. It was not
4738
1 lawful. It was not moral. It was a system
2 designed to wound the spirit and limit the future
3 of a child.
4 And Dorothy Reid, at 14 years of
5 age, had the courage to stand up against the
6 system as a plaintiff in Davis v. Prince Edward
7 County School Board, one of the cases
8 consolidated into Brown. And she helped compel
9 this nation and its laws to recognize a deeper
10 truth, that education is not a privilege reserved
11 for the few, but a public promise owed to every
12 child.
13 And this is legislative wisdom we
14 must carry forward. Rights declared by courts
15 must be protected by policy, funded through
16 budgets, and made real in the lives of all our
17 schools.
18 Dorothy Reid did not leave her
19 courage in the past. She carried it into life
20 and faith and family and public service,
21 including 28 years serving the people of New York
22 State with compassion and dignity.
23 To the Reid family, here and here,
24 thank you for sharing Dot with the world. Her
25 lessons endure: Knowledge is power, family is
4739
1 the anchor, and justice, when carried by brave
2 people, can outlive the walls built against it.
3 And today we place Dorothy E. Reid's
4 legacy in the living record of this Senate, where
5 it rightfully belongs. May her courage continue
6 to guide her work, shape our laws, and strengthen
7 our obligation to every child still waiting for
8 the full promise of equality.
9 With that, Madam President, I ask
10 you to please confer on these people the graces
11 of our office and, you know, tell them they're
12 welcome.
13 Thank you.
14 (Laughter.)
15 ACTING PRESIDENT PERSAUD: Thank
16 you, Senator.
17 Senator Mayer on the resolution.
18 SENATOR MAYER: Thank you,
19 Madam President.
20 Thank you, Senator Jackson.
21 And thank you particularly to the
22 Reid family for being here.
23 As the chair of the Senate Education
24 Committee, I can't think of a more powerful
25 moment than the fact that a 14-year-old student
4740
1 in a segregated community became the plaintiff in
2 a lawsuit that went all the way to the
3 United States Supreme Court and changed the
4 history of American education for Black and white
5 children, and then for children of all races and
6 all the diversity of America.
7 It's fitting that we have young
8 people here today, to think about what it would
9 be like for Ms. Reid, at age 14, to have the
10 courage and tenacity to face not only the school
11 community, her own local community, her family's
12 community, and to stand up for something as a
13 matter of principle.
14 That is a lesson for all of us to
15 emulate. That is something that we need to take
16 personally as a challenge to each of us to
17 exhibit that kind of courage when we see racism
18 and segregation, as we do. We need to stand up
19 as she had the courage to do.
20 Thank you for her legacy. Thank you
21 for her memory, her years of service to New York
22 State. Thank you to Senator Jackson for
23 acknowledging membership in PEF, the Public
24 Employees Federation, where she was so involved.
25 We are very, very blessed to have
4741
1 you and to think about, at a personal level, what
2 it took for someone to do that and how we are all
3 forever indebted to her for her courage and
4 bravery and her willingness to see a possibility
5 of change.
6 Thank you.
7 ACTING PRESIDENT PERSAUD: Thank
8 you, Senator.
9 Senator Bailey on the resolution.
10 SENATOR BAILEY: Thank you,
11 Madam President.
12 Thank you, Senator Jackson, for this
13 really important resolution.
14 Senator Mayer put a finer point on
15 it. At the age of 14 I could not think of doing
16 something as courageous and groundbreaking as
17 setting the stage for the future 14-year-old me
18 to be able to go to a public school, to merely be
19 able to be educated. That's all that Ms. Reid
20 wanted to do, to make sure that people have the
21 opportunity to go to school.
22 We weren't asking for civil
23 luxuries, we were asking for civil rights. And
24 that's really important to note.
25 On Law Day, in Bronx Supreme Court,
4742
1 I sat next to Judge Rowan Wilson, and there was a
2 question asked by one of the moderators. And
3 they said, What was the most important Supreme
4 Court case that you've ever read? And the entire
5 room, whether out loud or whispering or
6 murmuring, said Brown v. Board of Education. The
7 seminal case to make sure that schools were
8 desegregated.
9 And so this is something that me, as
10 a publicly educated kid from kindergarten through
11 law school, would have not had the opportunity if
12 not for her courageousness and her fearlessness.
13 So I thank her for her work.
14 And I thank the family for
15 continuing to keep her name alive. To the
16 family, please continue to tell her story. It is
17 important. And there are anecdotes about her
18 that won't be written down in the history books.
19 Please share those with society. As the griots
20 would do in our culture, please continue to
21 share. Because our oral history is just as
22 important as the written one.
23 So to Ms. Reid, a life well-lived, a
24 legacy well-done. And I vote aye on the
25 resolution.
4743
1 Thank you, Madam President.
2 ACTING PRESIDENT PERSAUD: Thank
3 you.
4 Senator Comrie on the resolution.
5 SENATOR COMRIE: Thank you,
6 Madam President. I rise today to support the
7 resolution. I was surprised and honored to find
8 out that Mrs. Reid lives in my district. I
9 hadn't met her. I hadn't had that honor before.
10 I was surprised that she was here today. I wish
11 Brother Jackson had given me a minute so I could
12 be better prepared.
13 But nevertheless, this is a historic
14 moment. It is truly a brilliant idea by
15 Brother Jackson to bring Mrs. Reid here to
16 celebrate and honor her for her legacy, for her
17 desire, as Senator Bailey said, at 14 years old.
18 Not many of us would have had the fortitude or
19 the perseverance or the focus to do such a thing
20 as to be part of a protest and then to continue
21 that protest until it went all the way to the
22 Supreme Court.
23 So I just want to thank you,
24 Sister Reid, for continuing to be a guiding
25 light. Thank you to the Reid family for
4744
1 continuing to extol her name.
2 I would ask all people here to take
3 a minute to talk to Dorothy Reid, to take a
4 minute to talk to your ancestors. Because if it
5 wasn't for your ancestors, we wouldn't be here in
6 these hallowed halls today. If it wasn't for
7 people like Dorothy Reid, we wouldn't have major
8 changes in our community.
9 And we need to get back to that
10 because there are people in the world that want
11 to eliminate history, that want to change history
12 for their own purposes. And we may have to go
13 back to acting like Dorothy Reid, being unafraid
14 to stand up, being unafraid to face the
15 inequities in the world and being a truth-teller
16 no matter what it takes or no matter how hard
17 that task may be, in order to make sure that the
18 truth reigns.
19 So God bless you, Sister Reid. May
20 you have many more years of health and life. And
21 thank you for coming to Albany today.
22 Thank you, Madam President.
23 ACTING PRESIDENT PERSAUD: Thank
24 you.
25 Senator Cleare on the resolution.
4745
1 SENATOR CLEARE: Thank you,
2 Madam President.
3 I too rise today to thank
4 Senator Jackson for bringing this very important
5 resolution to us.
6 You know, sometimes we take for
7 granted the things that we enjoy now, and we
8 forget what it took to get there. And when I see
9 stories like Mother Reid's, I just -- it just
10 reminds me and it just makes me understand what
11 we have to keep fighting for.
12 I happen to sit in the seat that was
13 once held by the great Justice Constance Baker
14 Motley, the clerk for Thurgood Marshall who
15 brought the lawsuit for Brown v. Board of
16 Education. And I just wonder what it was like --
17 and I know others have said it, but for a
18 14-year-old -- but not just the 14-year-old.
19 Think of her mother and father and family members
20 who had to worry about her safety, about her
21 mental and emotional health going through this,
22 carrying this load on her shoulders for all of
23 us.
24 So all I can say is that we have to
25 keep being reminded of that so that we know the
4746
1 work that we have to do and that we have to keep
2 on fighting for equality. Because someone stood
3 for us, and we have to continue to stand for
4 others.
5 I thank you, I thank the Reid family
6 for all that you've endured, for all that you've
7 been through, and for sharing this with us.
8 Thank you. Please continue to tell the story.
9 Please continue to share with others.
10 Thank you. I proudly vote aye.
11 ACTING PRESIDENT PERSAUD: Thank
12 you, Senator.
13 Senator Webb on the resolution.
14 SENATOR WEBB: Thank you,
15 Madam President. I too want to thank
16 Senator Jackson for bringing this resolution
17 forward.
18 You know, I think sometimes we can
19 forget these many courageous battles that were
20 fought not that long ago. Seventy-two years is
21 not a long time ago. And we know most certainly
22 in this chamber, and of course across the state,
23 that education is that great equalizer to ensure
24 that every single child that will go on to
25 adulthood has an opportunity to thrive.
4747
1 And for someone as extraordinary as
2 Dorothy Reid, who knew that at the age of 14 and
3 stood up, strong, courageous, and said that she
4 wanted to take a stand not just for other
5 children during her time but for all children
6 coming after her, this resolution is timely and
7 is most certainly important that we continue to
8 tell our stories.
9 For me, I actually have a picture in
10 my office that I've had for a very long time
11 commemorating this very historic decision of
12 Brown v. Board of Education. And sometimes we
13 think about -- and can lose sight of at times, to
14 be completely honest. That we think that once
15 these historic milestones were reached, that the
16 proverbial trial by fire is over.
17 Well, we don't need to look any
18 further than even recent decisions in the last
19 several weeks that are designed to push us back
20 into a time where we have those adages of
21 separate and most certainly not equal.
22 But I'm really proud that in our
23 chamber we have a commitment to fighting back
24 against those notions. And this resolution is a
25 reminder in the call for us to not only examine
4748
1 the great life and the contributions and the
2 courage of Dorothy Reid, but it is also a call to
3 action for us to continue to fight not only for
4 our children in the present, but most certainly
5 those that are in the future.
6 Madam President, we know that our
7 public schools are essential for everyone. And
8 this landmark Supreme Court decision not only
9 lifted up an important challenge, but we also
10 know we still fight here in New York with
11 many issues still with respect to segregation in
12 our schools.
13 And so it is so important to pause
14 today to not only remember Dorothy Reid, but also
15 for us to continue to push for more equitable
16 funding for all of our public schools, and most
17 certainly policies that ensure that every single
18 child, no matter zip code, race, ethnicity, has
19 an opportunity for a quality education.
20 Thank you, Madam President.
21 ACTING PRESIDENT PERSAUD: Thank
22 you, Senator.
23 To our guests, may we all have the
24 courage, tenacity, and spirit of Dorothy Reid. I
25 welcome you on behalf of the Senate.
4749
1 To the guests who are sitting in the
2 chamber, Ms. Bertha Sims, Jacqueline Richardson,
3 Natalie Sims, and Dr. Delora Castro, we extend to
4 you the privileges and courtesies of this house.
5 Please all rise and be recognized.
6 (Standing ovation.)
7 ACTING PRESIDENT PERSAUD: The
8 resolution was adopted on April 21st.
9 Senator Gianaris.
10 SENATOR GIANARIS: Thank you,
11 Madam President.
12 Let's take up previously adopted
13 Resolution 2082, by Senator Webb, read that
14 resolution's title and call on Senator Webb,
15 please.
16 ACTING PRESIDENT PERSAUD: The
17 Secretary will read.
18 THE SECRETARY: Resolution 2082, by
19 Senator Webb, commending Delta Sigma Theta
20 Sorority, Inc., upon the occasion of its
21 Annual Delta Day at the State Capitol in Albany,
22 New York, on May 19, 2026.
23 ACTING PRESIDENT PERSAUD: Senator
24 Webb on the resolution.
25 SENATOR WEBB: Thank you,
4750
1 Madam President. I rise proudly today as a
2 member of Delta Sigma Theta Sorority, Inc., to
3 speak on this resolution.
4 Now, you may have seen a number of
5 folks in our Capitol today, you may have seen
6 some red, some purple. No need to worry, that's
7 just Delta Sigma Theta Sorority, Inc., and the
8 brothers of Omega Psi Phi Fraternity here in our
9 State Capitol.
10 Madam President, I want to thank our
11 Senate Majority Leader for supporting this
12 resolution to commemorate Delta Day here in our
13 State Capitol.
14 We have affectionately coined
15 today -- and this is the first time that we've
16 actually done Delta Day with the brothers of
17 Omega Psi Phi Fraternity, and so we have coined
18 our advocacy day today as Coleman Caucus Day here
19 in the State Capitol.
20 In 1913, Delta Sigma Theta was
21 founded on the Howard University campus by
22 22 women who wished to promote academic
23 excellence, provide scholarships and support to
24 the underserved, to educate and stimulate
25 participation in the establishment of positive
4751
1 public policy, and to highlight issues and
2 provide solutions for problems in our
3 communities.
4 Now, for this great sorority that,
5 again, was founded on the principles of not only
6 service but also excellence and many other
7 important aspects, Delta Day is an opportunity to
8 lift up important policies and advancing more
9 progress for our communities across our great
10 state.
11 And as I mentioned at the top of my
12 comments, that we are joined by the brothers of
13 Omega Psi Phi Fraternity, Inc., I also want to
14 lift them up as well. Omega Psi Phi Fraternity
15 was founded on November 17, 1911, on the campus
16 of Howard University in Washington, D.C., by
17 three undergraduate students -- Edgar Amos Love,
18 Oscar James Cooper, and Frank Coleman -- with
19 faculty advisor Dr. Ernest Everett Just, to
20 promote scholarship, perseverance, to uplift, and
21 also manhood.
22 Whereas, since their founding, this
23 great fraternity has grown into an international
24 organization with chapters all over the world.
25 And they have notable figures such as
4752
1 Langston Hughes, Jesse Jackson, Michael Jordan,
2 and numerous leaders in public service.
3 Now back to Delta.
4 (Laughter.)
5 SENATOR WEBB: If you know, you
6 know what I'm talking about. All right.
7 So again, I'm so proud to be a part
8 of Delta Sigma Theta Sorority, Inc., because not
9 only do we take the work of policy very
10 seriously, we do it through our Five-Point
11 Programmatic Thrust, programs that include things
12 such as economic development, educational
13 development, international awareness and
14 involvement, physical and mental health, and
15 political awareness and involvement.
16 Today, Delta Sigma Theta has more
17 than 350,000 members and approximately a thousand
18 chapters worldwide. Our sisterhood has been
19 lucky to have incredible role models serve as
20 president. Some of our notable presidents -- and
21 they all are very notable; I'll just lift up a
22 few -- include civil rights leader and icon
23 Dorothy Height. Frankie Freeman, who was the
24 first woman appointed to the U.S. Commission on
25 Civil Rights. Other notable sorors from New York
4753
1 State are Dr. Hazel Dukes, who was the former
2 president of the New York State NAACP Conference,
3 and an early and unwavering civil rights
4 crusader.
5 And of course being here in the
6 chamber, I would be remiss if I did not lift up
7 the name of former U.S. Representative and former
8 New York State Assemblymember, the late, great
9 Shirley Chisholm, who also founded our Black,
10 Puerto Rican, Hispanic and Asian Caucus.
11 And as I said, Madam President, this
12 list is not exhaustive. However, we have
13 incredible sorors who are doing amazing work in
14 every part of our great state every single day.
15 I consider myself to be lucky to be
16 a part of this great organization that truly
17 serves with compassion, with courage and, most of
18 all, resilience.
19 Madam President, I want to again
20 thank our Senate Majority Leader for supporting
21 this resolution. I especially want to thank all
22 of our social action chairs that made today
23 possible: Soror Donna and Soror Michelle, who
24 are here in the chamber, and of course our
25 brothers from Omega Psi Phi, BJ and Brother Kirk.
4754
1 I want to thank every single member
2 that is here today from all over New York. I
3 won't shout out every single part of the state;
4 we gonna be here for a while. But just know that
5 our organizations are well represented and are
6 doing the people's work, not just here for us in
7 the Senate and not just in the Assembly.
8 And I also want to acknowledge our
9 sorors in the Assembly, Assemblymembers
10 Alicia Hyndman and of course Rodneyse Bichotte
11 Hermelyn, who are also making and doing great
12 work in the Assembly.
13 And our newest member here in the
14 Senate, Soror -- newly minted Soror Senator
15 April Baskin, from Buffalo. She is now a part of
16 our great organization. And we've gone from one
17 to two, so our numbers are rising here in the
18 chamber.
19 But in all seriousness, thank you,
20 Madam President. I proudly vote aye for this
21 resolution. And I would like to ensure that we
22 extend all the courtesies of our chamber to our
23 guests that are here.
24 Thank you, Madam President.
25 ACTING PRESIDENT PERSAUD: Thank
4755
1 you.
2 Senator Baskin on the resolution.
3 SENATOR BASKIN: Thank you,
4 Madam President.
5 I rise today with such joy and
6 appreciation for Delta Sigma Theta, Inc., and
7 their presence in our honorable chambers today.
8 I want to start by thanking
9 Senator Webb and Majority Leader Stewart-Cousins
10 for bringing this resolution forward.
11 And it is no secret to the
12 Majority Conference, as the Senator said, I am
13 now a new member of this esteemed organization.
14 The conference greeted me this year on my
15 birthday with a birthday cake of me at my new
16 initiate presentation, in which I was dancing and
17 having fun.
18 But, you know, this organization
19 came into my life for all the servitude that they
20 give to our entire country and the world. They
21 have served me with such love and care and
22 appreciation. And it came into my life at a time
23 where I had began to give up on the spirit or the
24 thought of sisterhood.
25 And so I stand here quite emotional
4756
1 looking at some of my line sisters who have come
2 all the way from Buffalo, New York, and my sorors
3 from all across the State of New York who are
4 here today. Just know that God brought you into
5 my life at a time where I needed you most.
6 Greetings to our beautiful members
7 of Omega Psi Phi Fraternity. Thank you for
8 joining us here in Albany today as well.
9 And to Sorors Donna and Michelle for
10 your leadership of this wonderful day.
11 Delta Sigma Theta, Inc., was
12 founded, as the Senator said, at
13 Howard University in 1913. And in 1943, Delta
14 Sigma Theta expanded to Western New York with the
15 establishment of the Gamma Kappa Chapter, a mixed
16 chapter made up of both undergraduate and college
17 graduates.
18 By 1979, the organization had grown
19 significantly, and that called for separate
20 chapters, a graduate chapter, of which I am happy
21 be a member of, and that chapter is named the
22 Buffalo Alumnae Chapter, and it was established
23 bringing a second chapter to the Buffalo-Niagara
24 region.
25 More about my home chapter that I'm
4757
1 so proud of. Today the Buffalo Alumnae Chapter
2 is led by our vibrant, charismatic and dynamic
3 soror, Sharon -- Shar-ON Sanford. It's French.
4 (Laughter.)
5 SENATOR BASKIN: And we also take a
6 moment to recognize the cochairs of my local
7 social action committee, Soror Babs Dawkins --
8 and Soror Vanita Jamison is joining us here in
9 the chambers as well.
10 I also want to lift up, because I am
11 a new member, the leader of my membership intake
12 committee, Soror JoAnna Rozier-Johnson, who is
13 joining us today as well.
14 Today when we were greeting and
15 gathering this morning, a Delta dear -- that's an
16 affectionate name that we give to our wisest and
17 longest-serving Deltas in our chapters -- she
18 turned to me and she said, "I've been a Delta for
19 70 years." And I responded, "Soror, that's so
20 cool. I've been a Delta for 70 days."
21 (Laughter.)
22 SENATOR BASKIN: And she walked
23 with me to the elevator, and we talked about all
24 of the things in between her time and my short
25 time as a member of this esteemed organization.
4758
1 These women, these women that sit
2 here today, they are my sisters. They are
3 members of an organization that they have an
4 opportunity to serve our community in civics,
5 with events that instill leadership and power
6 into communities that are underserved.
7 There's something very special about
8 Delta Sigma Theta that I just want to take a
9 moment to talk about, and that's the 1913 Women's
10 Suffrage Parade that happened in Washington, D.C.
11 The white organizers segregated
12 Black participants, demanding that they march in
13 the back. Defying this directive, the newly
14 formed Delta Sigma Theta Sorority became the only
15 African-American women's organization to march in
16 the Women's Suffrage Parade that year, cementing
17 the powerful legacy and an intersectional
18 advocacy of civil rights and sisterhood.
19 The March 3, 1913, Women's Suffrage
20 Procession was strategically organized on the eve
21 of Woodrow Wilson's presidential inauguration.
22 And even though there were an organized group of
23 suffragists, white suffragist women who wanted to
24 unify around giving women the right to vote, it
25 was still apparent that there was racial tension
4759
1 amongst that group.
2 Delta Sigma Theta prevailed anyway.
3 Despite the discriminatory attempt to marginalize
4 them, the 22 founders of this esteemed
5 organization, that had only been founded at
6 Howard University just months earlier -- they
7 chose to march anyway, using the national stage
8 to fight for their mission and their rights and
9 what they believed in.
10 This internal decision led to so
11 many intense conversations about feminism, about
12 suffragists, and about race. And it all started
13 with this organization that I am so privileged to
14 be a part of.
15 And I think about how the women, the
16 22 founders at that time had to make a decision,
17 despite the racial tension of that day, to
18 prioritize the bigger picture. It reminds me of
19 all the women who sit here in our chambers today.
20 Despite all of the racial tension
21 that is coming down on so many families, so many
22 communities across this nation around the efforts
23 to erase the imprint and the efforts of Black
24 leaders in this country, still these women, these
25 members of Delta Sigma Theta from across the
4760
1 great State of New York, made a decision to step
2 away from their families, step away from their
3 work, and prioritize the vision and the mission
4 of our organization anyway, just like our
5 founders did.
6 It is such a privilege to be less
7 than a hundred days old a member of this esteemed
8 sisterhood, but I am so very, very grateful,
9 Madam President, for the lifetime opportunity to
10 serve it.
11 I proudly vote aye, and I leave my
12 sisters with a "Oo-Oop!"
13 (Laughter.)
14 ACTING PRESIDENT PERSAUD: Thank
15 you, Senator.
16 Senator Bailey on the resolution.
17 SENATOR BAILEY: Thank you,
18 Madam President.
19 Happy Delta Day! I sit there
20 (indicating), usually, but you can't go home if
21 you give the Deltas your back, so I had to come
22 over here to make sure I addressed you.
23 First and foremost, thank you for
24 all that you do in our communities. I'd like to
25 apologize for younger me when I was throwing up
4761
1 the Rockefeller sign. I didn't realize it was
2 yours. You know, I wasn't trying to like take
3 away what you were doing. I was young and I'm a
4 rap fan. I didn't realize what I was doing.
5 But now, realizing all that you do,
6 I am honored that I get to do voter registration
7 drives with you. I get to do social action
8 campaigns. I get to be in the community. And
9 everywhere you go in the Bronx and the City of
10 Mount Vernon, there's a Delta. Just like
11 "there's an app for that," there's a Delta for
12 that.
13 You want a councilmember for that?
14 We've got a Lisa Copeland for that. You want a
15 mayor for that? We got a Sharon for that. We
16 got Cynthia Turnquest-Jones. We have so many
17 amazing -- I didn't forget you, Michelle. I'm --
18 JSS is here. You know, she's representing her
19 people. But Michelle, long time.
20 We got labor leaders, and we have
21 Senators. And there are no better recruiters for
22 Delta Sigma Theta, Inc., than Lea Webb. Lea Webb
23 is trying to make everybody in the City of Albany
24 a Delta. Literally, she has a table outside,
25 join Delta. She hands out pamphlets, she's
4762
1 trying to make a movement. A lot of people in
2 the chamber have red on today -- that's not by
3 coincidence, it's because of Lea Webb.
4 But in all seriousness, I think that
5 when you have that ebullient joy that both
6 Senator Webb and Senator Baskin share, and the
7 pride when they said the word "soror," it means a
8 lot. It means a lot because this organization
9 was obviously created under different times when
10 we didn't have anywhere close to equality. But
11 the founders of your organization thought it not
12 robbery to create a sisterhood that would stand
13 the test of time, and it surely has.
14 And even though, as you well know,
15 I'm a member of WDP -- We Didn't Pledge, Inc.,
16 that's my organization. We have lots of chapters
17 everywhere. Today, yellow is the official color.
18 Tomorrow it might change.
19 (Laughter.)
20 SENATOR BAILEY: I always love and
21 appreciate and treasure what every member of any
22 Divine Nine organization does. Because the
23 trouble that you had to go through, the founders
24 of your organizations, what you had to go through
25 to be able to get to such a point where you can
4763
1 shine like the diamonds, right, are amazing and
2 important and incredible.
3 So to you on this Delta Day and
4 every day, I salute you in my district, I salute
5 you in the Capitol, I salute you in Albany. And
6 Lea Webb is going to get you 10,000 more members.
7 I vote aye on the resolution.
8 (Laughter.)
9 ACTING PRESIDENT PERSAUD: Thank
10 you, Senator.
11 Senator Scarcella-Spanton on the
12 resolution.
13 SENATOR SCARCELLA-SPANTON: Thank
14 you, Madam President.
15 And Happy Delta Day! I love to see
16 the sea of red every year in the hallway. And I
17 could not agree more -- Lea Webb is an amazing
18 representative, because she talks about this all
19 the time. We were so proud to see April join.
20 But I just wanted to say hello to my
21 favorite Delta, my constituent,
22 Michelle Akyempong.
23 So I'm so happy to see you here.
24 You know I'm always going to speak on this. But
25 truly, I cannot thank the Deltas enough for every
4764
1 single community event. Michelle makes sure I
2 know exactly what the Deltas do. You are there
3 for our shredding event, for our back-to-school
4 event, for our breast cancer screenings. You
5 name it -- when we call you for help, you are
6 there.
7 And I also have not pledged to
8 anything. But what I do pledge is my deepest
9 respect to every single one of you and the work
10 that you do, because I couldn't do my job without
11 the support of what you do to help our
12 communities.
13 So thank you. I love you all.
14 Happy Delta Day!
15 And I proudly vote aye.
16 ACTING PRESIDENT PERSAUD: Thank
17 you, Senator.
18 Senator Comrie on the resolution.
19 SENATOR COMRIE: Thank you,
20 Madam President. I rise today to celebrate
21 Delta Day in Albany.
22 (To the gallery.) I want to behave
23 myself.
24 (Laughter.)
25 SENATOR COMRIE: Senator Bailey
4765
1 messed me up with saying -- I had my back turned
2 to you, so I'm going to apologize.
3 But thank you for consistently
4 coming to Albany. Thank you for consistently
5 being a force not just in Albany, but throughout
6 the state. I'm honored that the Queens alumnae,
7 Deltas in Queens, are a powerful group
8 consistently working on major issues in our
9 community, consistently representing the best of
10 what we have, whether it's through tutorial
11 programs, through scholarships, through presence
12 in our schools.
13 Our previous speaker mentioned that
14 we have three elected officials, all women, that
15 are Deltas: Assemblymember Hyndman, Dr. Nantasha
16 Williams, and Selvena Brooks-Powers, the two
17 councilmembers of Delta. So I'm surrounded by
18 Delta. I'm enveloped by Delta.
19 I want to thank the Omega Psi Phi
20 Fraternity for coming and supporting their
21 sisters. I'm actually in Alpha Phi Alpha
22 fraternity, and I just want to say that it's the
23 Greek fraternities that have made a real
24 difference in our communities. They have created
25 the middle class, they've supported and sustained
4766
1 people in many different ways. They're
2 consistent in trying to make sure that our
3 communities can stay strong.
4 And I appreciate again the Deltas
5 for coming up. And Michelle, it's good to see
6 you here. You're always in Queens. You should
7 move to Queens and leave Staten Island. That's
8 another story.
9 (Audience reaction.)
10 SENATOR COMRIE: I know she'll
11 never leave Staten Island, Jessica, even though
12 she's in Queens almost every Sunday. But she's
13 just a great person. She cares about the city in
14 many different ways. She deserves to be honored
15 in her own right in this chamber at another day.
16 Thank you, Madam President.
17 ACTING PRESIDENT PERSAUD: Thank
18 you, Senator.
19 Senator Parker on the resolution.
20 SENATOR PARKER: Thank you,
21 Madam President.
22 I rise as a proud member of
23 Kappa Alpha Psi Fraternity, Inc., to welcome you
24 all on Delta Day. And both to the devastating
25 divas of Delta Sigma Theta, as well as to the
4767
1 brothers of Omega Psi Phi, we welcome you to
2 Albany. We thank you for coming up.
3 These organizations have been
4 critical in the development of our communities.
5 I know in a lot of majority communities you hear
6 fraternity and sorority and you think about it as
7 simply a college thing. You know, we don't have
8 the luxury of simply dropping our commitment of
9 service to our community at graduation day.
10 And so these organizations,
11 particularly the graduate chapters, have bloomed
12 in our communities and have been at the forefront
13 of providing services around education, political
14 development, social-economic programming, and
15 really standing in the gap for all of the needs
16 that oftentimes arise in our community.
17 I particularly want to point out,
18 just as an African-American studies professor,
19 that this notion that a group of young women,
20 right -- because we also had an earlier
21 conversation about how a 14-year-old woman, you
22 know, paving the way for African-Americans in
23 public schools.
24 We now understand that this sorority
25 was created on January 13, 1913. And then by
4768
1 March 3rd, not even three months later, but it
2 was about March 3rd of the same year, they're
3 involved in one of the most important marches
4 and, you know, exert themselves not to be
5 relegated to the back of the line. Right?
6 At a time in 1913. Right? And
7 these are not -- you know, these are -- these are
8 college students. Right? These are college
9 students, you know, who are standing up and
10 saying that we must take our rightful place, we
11 must make space.
12 At a time when, you know,
13 African-Americans generally, let alone African
14 women, did not necessarily have a place in our
15 society the way that they should.
16 And so we honor these women. I want
17 to mention my Congresswoman, Congresswoman Yvette
18 Clarke, who is a member of the Brooklyn Alumnae
19 Chapter of Delta Sigma Theta.
20 And, you know, we happen to have two
21 chapters -- you know, Brookhaven is so special,
22 we have two Delta Sigma Theta chapters. We have
23 east Brooklyn and Brooklyn Alumnae. And both of
24 these chapters of Delta Sigma Theta are very,
25 very active in our communities, providing all
4769
1 types of community service.
2 You know, one of the things that
3 they do a lot of -- and will be doing it, of
4 course, more now -- is voter registration and
5 voter engagement to make sure that some of the
6 things that are being done nationally are met
7 with resistance.
8 And there's no group that has been
9 more active than Delta Sigma Theta on these
10 issues and really have kind of led the denying in
11 making sure that we are present in statehouses
12 and in the U.S. Capitol, make sure that
13 African-American voices are heard.
14 And so here on Delta Day we thank
15 you, we acknowledge you, we appreciate you coming
16 up. Remember that if you come to Albany, you may
17 not get what you want -- but if you don't come,
18 you're definitely not getting it.
19 So we appreciate your time, and not
20 seeing it a robbery -- to use your time, energy,
21 your effort to make sure that our political and
22 legislative agendas are being pushed in the
23 proper way here in Albany.
24 Thank you, Mr. President.
25 ACTING PRESIDENT BAILEY: Thank
4770
1 you, Senator Parker.
2 Senator Cleare on the resolution.
3 SENATOR CLEARE: Thank you,
4 Mr. President.
5 I'm proud to stand today in support
6 of this resolution and thank our sisters
7 Senator Webb and April Baskin for bringing this
8 forward.
9 You know, as everyone has already
10 said, the Deltas contribute so much in our
11 communities every day. And they're not just here
12 on Delta Day. They come on other days to lift up
13 issues that are important to our communities.
14 They're always present in any community with
15 back-to-schools, as was mentioned, food
16 giveaways, voter registration drives.
17 And very recently, Dr. Lena Green, a
18 Delta soror in my district, got made a partner
19 with a period poverty event in my district where
20 we fought against -- where we're fighting
21 against, combating period poverty.
22 So I'm very proud to have so many
23 Deltas in my district. Hazel Dukes was mentioned
24 and lifted up already. We have so many sisters
25 that are doing this work.
4771
1 And though I'm wearing the red
2 today, I didn't know. I'm sorry.
3 (Laughter.)
4 SENATOR CLEARE: I'm not a Delta,
5 but I've got this red on, just -- this is what
6 happened today.
7 But I find myself with sorors all
8 the time, because you're doing the work, you're
9 doing the social action work, and I'm always in
10 your company and very proud to be so.
11 And I can't take my seat today
12 without lifting up the Omegas. My pastor,
13 Johnnie Melvin Green, is a proud Omega and is
14 always letting us know. You all are all so
15 active, and we appreciate our brothers, our
16 fraternity, and all the good work that all the
17 Divine Nine is doing, in Harlem and all around
18 world.
19 I proudly vote aye.
20 ACTING PRESIDENT BAILEY: Thank
21 you, Senator Cleare.
22 To our dynamic Delta guests, we
23 thank you for your service. I welcome you on
24 behalf of the State Senate. We extend to you all
25 of the privileges and courtesies of this house.
4772
1 Please -- and the brothers of
2 Omega Psi Phi, can't forget about them either. I
3 apologize, brothers. We extend to you the
4 privileges and courtesies of this house. We
5 thank you for your service.
6 Please rise and be recognized.
7 (Sustained standing ovation.)
8 ACTING PRESIDENT BAILEY: The
9 resolution was adopted previously on May 12th.
10 Senator Liu.
11 SENATOR LIU: Mr. President, at the
12 request of the sponsors, the resolutions are open
13 for cosponsorship.
14 ACTING PRESIDENT BAILEY: The
15 resolutions are open for cosponsorship. Should
16 you choose not to be a cosponsor, please notify
17 the desk.
18 Senator Liu.
19 SENATOR LIU: Mr. President, please
20 recognize Senator Lanza for a motion.
21 ACTING PRESIDENT BAILEY: Senator
22 Lanza.
23 SENATOR LANZA: Thank you,
24 Senator Liu.
25 Mr. President, on behalf of
4773
1 Senator Mattera, on page 34 I offer the following
2 amendments to Calendar 899, Senate Print 5932,
3 and ask that said bill retain its place on
4 Third Reading Calendar.
5 ACTING PRESIDENT BAILEY: The
6 amendments are received, and the bill will retain
7 its place on the Third Reading Calendar.
8 Senator Liu.
9 SENATOR LIU: Please take up the
10 reading of the calendar.
11 ACTING PRESIDENT BAILEY: The
12 Secretary will read.
13 THE SECRETARY: Calendar Number
14 123, Senate Print 4071B, by Senator May, an act
15 to amend the Public Authorities Law.
16 ACTING PRESIDENT BAILEY: Read the
17 last section.
18 THE SECRETARY: Section 28. This
19 act shall take effect immediately.
20 ACTING PRESIDENT BAILEY: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT BAILEY: Senator
24 May to explain her vote.
25 SENATOR MAY: Thank you,
4774
1 Mr. President.
2 I rise in support of this bill, and
3 I'm grateful to my colleagues for supporting it
4 as well.
5 There are about a dozen
6 municipalities around this state, including the
7 City of New York, the City of Albany, the City of
8 Buffalo, Cayuga County in my district, that are
9 water and sewer authorities but they don't have
10 the power to regulate stormwater.
11 And we know, with the changing
12 climate, that flooding is getting more and more
13 intense all the time. Stormwater is an
14 increasing problem for town managers, municipal
15 managers.
16 And the way it works right now, if
17 you live and work in the City of New York, for
18 example, you pay a surcharge on your water bill
19 for stormwater management. But that is really
20 inequitable because there are a lot of people who
21 may use a lot of water if they have a dry cleaner
22 or a laundromat or something like that, but
23 they're not generating stormwater. They're being
24 charged a lot to manage stormwater.
25 This will allow the authorities to
4775
1 target how they manage stormwater so that the
2 people who are causing the problem are the ones
3 who are incentivized to make changes, to put in
4 green infrastructure, to do things to reduce the
5 amount of water that they are sending out to
6 flood their communities. And that will bring
7 down the costs for everybody of managing
8 stormwater.
9 So I am proud that we are making
10 this tiny but critical change to the authorities
11 that these dozen municipalities have, and I
12 gratefully vote aye.
13 ACTING PRESIDENT BAILEY: Senator
14 May to be recorded in the affirmative.
15 Announce the results.
16 THE SECRETARY: In relation to
17 Calendar Number 123, voting in the negative:
18 Senator Walczyk.
19 Ayes, 58. Nays, 1.
20 ACTING PRESIDENT BAILEY: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 140, Senate Print 1633B, by Senator Fernandez, an
24 act to amend the Public Health Law.
25 SENATOR LANZA: Lay it aside.
4776
1 ACTING PRESIDENT BAILEY: Lay it
2 aside.
3 THE SECRETARY: Calendar Number
4 180, Senate Print 6009B, by Senator Baskin, an
5 act to amend the General Municipal Law.
6 ACTING PRESIDENT BAILEY: Read the
7 last section.
8 THE SECRETARY: Section 6. This
9 act shall take effect immediately.
10 ACTING PRESIDENT BAILEY: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT BAILEY: Announce
14 the results.
15 THE SECRETARY: Ayes, 59.
16 ACTING PRESIDENT BAILEY: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 194, Senate Print 4479, by Senator Ramos, an act
20 to amend the Workers' Compensation Law.
21 ACTING PRESIDENT BAILEY: Read the
22 last section.
23 THE SECRETARY: Section 7. This
24 act shall take effect immediately.
25 ACTING PRESIDENT BAILEY: Call the
4777
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT BAILEY: Senator
4 Ramos to explain her vote.
5 SENATOR RAMOS: Thank you,
6 Mr. President.
7 Well, today we continue on our
8 crusade to level the playing field for good
9 employers. And as such, I am asking the
10 Department of Labor to help report on the
11 companies that have violated labor law and that
12 will need transparency in an open data database
13 so that we are able to know those who are the
14 worst offenders.
15 I mean, New York already has systems
16 in place to debar entities that repeatedly
17 violate label standards from receiving state
18 contracts and grants. But accountability only
19 works when the public can access that
20 information, and right now that information is
21 segmented and is kept separately.
22 We want there to be one centralized
23 place to make sure that our public dollars are
24 not going to unscrupulous employers.
25 I vote aye, and I encourage my
4778
1 colleagues to do so.
2 Thank you, Mr. President.
3 ACTING PRESIDENT BAILEY: Senator
4 Ramos to be recorded in the affirmative.
5 Announce the results.
6 THE SECRETARY: Ayes, 59.
7 ACTING PRESIDENT BAILEY: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 212, Senate Print 5382, by Senator Harckham, an
11 act to amend the Mental Hygiene Law.
12 ACTING PRESIDENT BAILEY: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT BAILEY: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT BAILEY: Announce
20 the results.
21 THE SECRETARY: Ayes, 59.
22 ACTING PRESIDENT BAILEY: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 355, Senate Print 4832A, by Senator Ryan, an act
4779
1 to amend the Workers' Compensation Law.
2 ACTING PRESIDENT BAILEY: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT BAILEY: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT BAILEY: Announce
10 the results.
11 THE SECRETARY: Ayes, 59.
12 ACTING PRESIDENT BAILEY: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 394, Assembly Bill 5383A, by Assemblyman Bores,
16 an act to amend the Public Health Law.
17 ACTING PRESIDENT BAILEY: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT BAILEY: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT BAILEY: Announce
25 the results.
4780
1 THE SECRETARY: Ayes, 59.
2 ACTING PRESIDENT BAILEY: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 423, Senate Print 5265A, by Senator Bailey, an
6 act to amend the Correction Law.
7 ACTING PRESIDENT BAILEY: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the first of January.
11 ACTING PRESIDENT BAILEY: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT BAILEY: Announce
15 the results.
16 THE SECRETARY: In relation to
17 Calendar 423, voting in the negative are
18 Senators Chan, Gallivan, Griffo, O'Mara, Ortt,
19 Stec, Tedisco, Walczyk and Weik.
20 Ayes, 50. Nays, 9.
21 ACTING PRESIDENT BAILEY: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 432, Senate Print 6954A, by Senator Gounardes, an
25 act to amend the General Business Law.
4781
1 ACTING PRESIDENT BAILEY: The bill
2 is high and will be laid aside for the day.
3 THE SECRETARY: Calendar Number
4 486, Senate Print 5310, by Senator Bailey, an act
5 to amend the Insurance Law.
6 ACTING PRESIDENT BAILEY: Read the
7 last section.
8 THE SECRETARY: Section 3. This
9 act shall take effect immediately.
10 ACTING PRESIDENT BAILEY: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT BAILEY: Announce
14 the results.
15 THE SECRETARY: Ayes, 59.
16 ACTING PRESIDENT BAILEY: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 617, Senate Print 7236, by Senator Gianaris, an
20 act to amend the Penal Law.
21 ACTING PRESIDENT BAILEY: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT BAILEY: Call the
4782
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT BAILEY: Announce
4 the results.
5 THE SECRETARY: In relation to
6 Calendar 617, voting in the negative are
7 Senators Ashby, Gallivan, Griffo, Helming, Lanza,
8 O'Mara, Ortt, Stec, Tedisco, Walczyk and Weik.
9 Ayes, 48. Nays, 11.
10 ACTING PRESIDENT BAILEY: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 719, Senate Print 9153, by Senator Cooney, an act
14 to amend the Alcoholic Beverage Control Law.
15 ACTING PRESIDENT BAILEY: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT BAILEY: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT BAILEY: Announce
23 the results.
24 THE SECRETARY: In relation to
25 Calendar 719, voting in the negative:
4783
1 Senator Martinez.
2 Ayes, 58. Nays, 1.
3 ACTING PRESIDENT BAILEY: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 728, Senate Print 9764, by Senator Sepúlveda, an
7 act to amend the Domestic Relations Law.
8 ACTING PRESIDENT BAILEY: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT BAILEY: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT BAILEY: Announce
16 the results.
17 THE SECRETARY: In relation to
18 Calendar 728, voting in the negative are
19 Senators Canzoneri-Fitzpatrick, Chan, Gallivan,
20 Griffo, Helming, Lanza, Martins, O'Mara, Ortt,
21 Rhoads, Stec, Sutton, Tedisco, Walczyk, Weber and
22 Weik.
23 Ayes, 43. Nays, 16.
24 ACTING PRESIDENT BAILEY: The bill
25 is passed.
4784
1 THE SECRETARY: Calendar Number
2 751, Senate Print 8624, by Senator Myrie, an act
3 to amend the Civil Practice Law and Rules.
4 SENATOR LANZA: Lay it aside.
5 ACTING PRESIDENT BAILEY: Lay it
6 aside.
7 THE SECRETARY: Calendar Number
8 795, Senate Print 611B, by Senator Stavisky, an
9 act to amend the Criminal Procedure Law.
10 ACTING PRESIDENT BAILEY: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT BAILEY: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT BAILEY: Announce
18 the results.
19 THE SECRETARY: Ayes, 59.
20 ACTING PRESIDENT BAILEY: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 812, Senate Print 8841A, by Senator Rivera, an
24 act to amend the Tax Law.
25 ACTING PRESIDENT BAILEY: Read the
4785
1 last section.
2 THE SECRETARY: Section 8. This
3 act shall take effect on the 180th day after it
4 shall have become a law.
5 ACTING PRESIDENT BAILEY: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT BAILEY: Announce
9 the results.
10 THE SECRETARY: Ayes, 59.
11 ACTING PRESIDENT BAILEY: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 859, Senate Print 1185, by Senator Addabbo, an
15 act to amend the Tax Law.
16 ACTING PRESIDENT BAILEY: Read the
17 last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect immediately.
20 ACTING PRESIDENT BAILEY: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT BAILEY: Announce
24 the results.
25 THE SECRETARY: Ayes, 59.
4786
1 ACTING PRESIDENT BAILEY: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 876, Assembly Bill Number 10525, by
5 Assemblymember Bores, an act to amend the
6 Alcoholic Beverage Control Law.
7 ACTING PRESIDENT BAILEY: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT BAILEY: The
12 Secretary will call the roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT BAILEY: Announce
15 the results.
16 THE SECRETARY: In relation to
17 Calendar 876, voting in the negative:
18 Senator Martinez.
19 Ayes, 58. Nays, 1.
20 ACTING PRESIDENT BAILEY: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 883, Senate Print 6460B, by Senator Cleare, an
24 act to amend the Penal Law.
25 ACTING PRESIDENT BAILEY: Read the
4787
1 last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect on the 90th day after it
4 shall have become a law.
5 ACTING PRESIDENT BAILEY: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT BAILEY: Senator
9 Cleare to explain her vote.
10 SENATOR CLEARE: Thank you,
11 Mr. President.
12 Yes, human trafficking is one of the
13 most vile and despicable of all crimes. I
14 believe that one of our foremost goals as a
15 legislative body must be to eradicate this
16 practice from the face of the earth, and I've
17 consistently pushed a legislative agenda in
18 accord with that goal.
19 The bill before us today ensures
20 that those who take advantage of individuals who
21 are mentally disabled, mentally incapacitated or
22 physically helpless will receive greater
23 penalties.
24 I believe we must pair this approach
25 with ensuring that we also take all preventative
4788
1 steps to ensure vulnerable individuals are
2 protected at all stages of their life.
3 I proudly vote aye today and
4 encourage all my colleagues to do the same.
5 Thank you, Mr. President.
6 ACTING PRESIDENT BAILEY: Senator
7 Cleare to be recorded in the affirmative.
8 Announce the results.
9 THE SECRETARY: Ayes, 59.
10 ACTING PRESIDENT BAILEY: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 908, Senate Print 8370, by Senator Fahy, an act
14 to amend the Education Law.
15 ACTING PRESIDENT BAILEY: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the 90th day after it
19 shall have become a law.
20 ACTING PRESIDENT BAILEY: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT BAILEY: Announce
24 the results.
25 THE SECRETARY: Ayes, 59.
4789
1 ACTING PRESIDENT BAILEY: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 933, Senate Print 682, by Senator Martinez, an
5 act to amend the Vehicle and Traffic Law.
6 ACTING PRESIDENT BAILEY: Read the
7 last section.
8 THE SECRETARY: Section 3. This
9 act shall take effect on the 30th day after it
10 shall have become a law.
11 ACTING PRESIDENT BAILEY: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT BAILEY: Announce
15 the results.
16 THE SECRETARY: Ayes, 59.
17 ACTING PRESIDENT BAILEY: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 955, Senate Print 10043, by Senator May, an act
21 to amend the Environmental Conservation Law.
22 ACTING PRESIDENT BAILEY: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
4790
1 ACTING PRESIDENT BAILEY: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT BAILEY: Announce
5 the results.
6 THE SECRETARY: Ayes, 59.
7 ACTING PRESIDENT BAILEY: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 963, Senate Print 10072, by Senator Bottcher, an
11 act to amend the Environmental Conservation Law.
12 ACTING PRESIDENT BAILEY: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT BAILEY: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT BAILEY: Announce
20 the results.
21 THE SECRETARY: In relation to
22 Calendar 963, voting in the negative:
23 Senator Skoufis.
24 Ayes, 58. Nays, 1.
25 ACTING PRESIDENT BAILEY: The bill
4791
1 is passed.
2 THE SECRETARY: Calendar Number
3 972, Senate Print 3883B, by Senator Hinchey, an
4 act to amend the Public Health Law.
5 ACTING PRESIDENT BAILEY: Read the
6 last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect immediately.
9 ACTING PRESIDENT BAILEY: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT BAILEY: Announce
13 the results.
14 THE SECRETARY: In relation to
15 Calendar 972, voting in the negative are
16 Senators Chan, Lanza, Martins, O'Mara and
17 Walczyk.
18 Ayes, 54. Nays, 5.
19 ACTING PRESIDENT BAILEY: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 974, Senate Print 4275A, by Senator Kavanagh, an
23 act to amend the Public Health Law.
24 ACTING PRESIDENT BAILEY: Read the
25 last section.
4792
1 THE SECRETARY: Section 2. This
2 act shall take effect on the 60th day after it
3 shall have become a law.
4 ACTING PRESIDENT BAILEY: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT BAILEY: Announce
8 the results.
9 THE SECRETARY: In relation to
10 Calendar 974, voting in the negative are
11 Senators Ashby, Canzoneri-Fitzpatrick, Chan,
12 Gallivan, Griffo, Helming, Lanza, Martins,
13 Mattera, Murray, O'Mara, Ortt, Palumbo, Rhoads,
14 Rolison, Ryan, Stec, Tedisco, Walczyk, Weber and
15 Weik.
16 Ayes, 38. Nays, 21.
17 ACTING PRESIDENT BAILEY: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 993, Senate Print 6847, by Senator Comrie, an act
21 to amend the Administrative Code of the City of
22 New York.
23 ACTING PRESIDENT BAILEY: Read the
24 last section.
25 THE SECRETARY: Section 3. This
4793
1 act shall take effect immediately.
2 ACTING PRESIDENT BAILEY: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT BAILEY: Announce
6 the results.
7 THE SECRETARY: In relation to
8 Calendar 993, voting in the negative are
9 Senators Ashby, Canzoneri-Fitzpatrick, Chan,
10 Gallivan, Griffo, Helming, Martins, Mattera,
11 Murray, O'Mara, Ortt, Palumbo, Rhoads, Rolison,
12 Stec, Tedisco, Walczyk, Weber and Weik.
13 Ayes, 40. Nays, 19.
14 ACTING PRESIDENT BAILEY: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 998, Senate Print 6848, by Senator Webb, an act
18 to amend the Agriculture and Markets Law.
19 ACTING PRESIDENT BAILEY: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT BAILEY: Call the
24 roll.
25 (The Secretary called the roll.)
4794
1 ACTING PRESIDENT BAILEY: Announce
2 the results.
3 THE SECRETARY: Ayes, 59.
4 ACTING PRESIDENT BAILEY: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1004, Senate Print 10111, by Senator Jackson, an
8 act to amend the Administrative Code of the City
9 of New York.
10 ACTING PRESIDENT BAILEY: Read the
11 last section.
12 THE SECRETARY: Section 5. This
13 act shall take effect immediately.
14 ACTING PRESIDENT BAILEY: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT BAILEY: Announce
18 the results.
19 THE SECRETARY: In relation to
20 Calendar 1004, voting in the negative are
21 Senators Ashby, Canzoneri-Fitzpatrick, Chan,
22 Gallivan, Griffo, Helming, Lanza, Martins,
23 Mattera, Murray, O'Mara, Ortt, Palumbo, Rhoads,
24 Rolison, Stec, Tedisco, Walczyk, Weber and Weik.
25 Ayes, 39. Nays, 20.
4795
1 ACTING PRESIDENT BAILEY: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1019, Senate Print 8848, by Senator Liu, an act
5 to amend the Judiciary Law.
6 ACTING PRESIDENT BAILEY: Read the
7 last section.
8 THE SECRETARY: Section 4. This
9 act shall take effect on the 90th day after it
10 shall have become a law.
11 ACTING PRESIDENT BAILEY: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT BAILEY: Announce
15 the results.
16 THE SECRETARY: In relation to
17 Calendar 1019, voting in the negative:
18 Senator Walczyk.
19 Ayes, 58. Nays, 1.
20 ACTING PRESIDENT BAILEY: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1039, Senate Print 1011, by Senator Brouk, an act
24 to amend the Education Law.
25 ACTING PRESIDENT BAILEY: Read the
4796
1 last section.
2 THE SECRETARY: Section 4. This
3 act shall take effect on the 60th day after it
4 shall have become a law.
5 ACTING PRESIDENT BAILEY: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT BAILEY: Announce
9 the results.
10 THE SECRETARY: In relation to
11 Calendar 1039, voting in the negative are
12 Senators Gallivan, Martinez, O'Mara, Ortt, Stec,
13 Tedisco, Walczyk and Weber.
14 Ayes, 51. Nays, 8.
15 ACTING PRESIDENT BAILEY: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1059, Senate Print 5691B, by Senator Borrello, an
19 act to amend the Town Law.
20 ACTING PRESIDENT BAILEY: Read the
21 last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect immediately.
24 ACTING PRESIDENT BAILEY: Call the
25 roll.
4797
1 (The Secretary called the roll.)
2 ACTING PRESIDENT BAILEY: Announce
3 the results.
4 THE SECRETARY: In relation to
5 Calendar 1059, voting in the negative:
6 Senator Ryan.
7 Ayes, 58. Nays, 1.
8 ACTING PRESIDENT BAILEY: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1066, Senate Print 8454, by Senator Stec, an act
12 to amend the Public Officers Law.
13 ACTING PRESIDENT BAILEY: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT BAILEY: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT BAILEY: Announce
21 the results.
22 THE SECRETARY: In relation to
23 Calendar 1066, voting in the negative:
24 Senator Ryan.
25 Ayes, 58. Nays, 1.
4798
1 ACTING PRESIDENT BAILEY: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1092, Assembly Bill Number 3254A, by
5 Assemblymember Dinowitz, an act to amend the
6 Public Health Law.
7 ACTING PRESIDENT BAILEY: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the first of October.
11 ACTING PRESIDENT BAILEY: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT BAILEY: Senator
15 Skoufis to explain his vote.
16 SENATOR SKOUFIS: Thank you very
17 much, Mr. President.
18 I appreciate the support of many of
19 my colleagues and the leader on this bill.
20 There's a small but very vocal, as
21 we all know, minority of New Yorkers who oppose
22 bills like this that look to boost immunization
23 here in New York and protect public health,
24 especially as it pertains to children here in
25 New York.
4799
1 And one of their primary arguments
2 is often that it's their choice to not get
3 vaccinated or it's their choice to not have their
4 children vaccinated.
5 And my response always to that
6 argument is that one's choice to extend their
7 arm, that right, ends at the tip of the other
8 person's nose.
9 The choice to not get vaccinated not
10 only is harmful to that child and to that
11 individual, but to everyone around them,
12 especially in congregate settings.
13 In 2019 we did the right thing in
14 this chamber, I would argue, and removed the
15 religious exemption for vaccinations to attend
16 schools here in New York, not the least of which
17 there is no organized religion that argues
18 against or dismisses vaccines. But we did it
19 because it protects children and ultimately
20 protects lives.
21 And that's what we're looking to do
22 here with this bill: Extend that wisdom, that
23 protection, to children who are in congregate
24 settings over the summer at camps.
25 So I vote yes. I encourage a yes
4800
1 vote.
2 Thank you, Mr. President.
3 ACTING PRESIDENT BAILEY: Senator
4 Skoufis to be recorded in the affirmative.
5 Announce the results.
6 THE SECRETARY: In relation to
7 Calendar 1092, voting in the negative are
8 Senators Ashby, Canzoneri-Fitzpatrick, Chan,
9 Gallivan, Griffo, Helming, Lanza, Martins,
10 Mattera, Murray, O'Mara, Ortt, Palumbo, Rhoads,
11 Rolison, Stec, Tedisco, Walczyk, Weber and Weik.
12 Ayes, 39. Nays, 20.
13 ACTING PRESIDENT BAILEY: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1103, Senate Print 510, by Senator Palumbo, an
17 act to amend the General Business Law.
18 ACTING PRESIDENT BAILEY: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect on the 30th day after it
22 shall have become a law.
23 ACTING PRESIDENT BAILEY: Call the
24 roll.
25 (The Secretary called the roll.)
4801
1 ACTING PRESIDENT BAILEY: Announce
2 the results.
3 THE SECRETARY: In relation to
4 Calendar 1103, voting in the negative:
5 Senator Walczyk.
6 Ayes, 58. Nays, 1.
7 ACTING PRESIDENT BAILEY: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1106, senate Print 7007, by Senator Bynoe, an act
11 to amend the General Business Law.
12 ACTING PRESIDENT BAILEY: Read the
13 last section.
14 THE SECRETARY: Section 4. This
15 act shall take effect on the 90th day after it
16 shall have become a law.
17 ACTING PRESIDENT BAILEY: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT BAILEY: Announce
21 the results.
22 THE SECRETARY: In relation to
23 Calendar 1106, voting in the negative are
24 Senators Ashby, Canzoneri-Fitzpatrick, Chan,
25 Gallivan, Griffo, Helming, Lanza, Martins,
4802
1 Mattera, Murray, O'Mara, Ortt, Rhoads, Rolison,
2 Stec, Tedisco, Walczyk and Weik.
3 Ayes, 41. Nays, 18.
4 ACTING PRESIDENT BAILEY: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1110, Assembly Bill Number 6029, by
8 Assemblymember Zaccaro, an act to amend the
9 Public Health Law.
10 ACTING PRESIDENT BAILEY: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT BAILEY: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT BAILEY: Announce
18 the results.
19 THE SECRETARY: In relation to
20 Calendar 1110, voting in the negative:
21 Senator Walczyk.
22 Ayes, 58. Nays, 1.
23 ACTING PRESIDENT BAILEY: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
4803
1 1113, Senate Print 6023, by Senator Baskin, an
2 act to amend the State Administrative Procedure
3 Act.
4 ACTING PRESIDENT BAILEY: Read the
5 last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect immediately.
8 ACTING PRESIDENT BAILEY: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT BAILEY: Announce
12 the results.
13 THE SECRETARY: Ayes, 59.
14 ACTING PRESIDENT BAILEY: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1116, Assembly Bill Number 368A, by
18 Assemblymember Rozic, an act to amend the
19 Labor Law.
20 ACTING PRESIDENT BAILEY: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT BAILEY: Call the
25 roll.
4804
1 (The Secretary called the roll.)
2 ACTING PRESIDENT BAILEY: Announce
3 the results.
4 THE SECRETARY: In relation to
5 Calendar 1116, voting in the negative:
6 Senator Walczyk.
7 Ayes, 58. Nays, 1.
8 ACTING PRESIDENT BAILEY: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1117, Senate Print 2481, by Senator Parker, an
12 act directing the New York State Energy Research
13 and Development Authority to study the
14 feasibility of creating, storing and transferring
15 hydrogen energy.
16 ACTING PRESIDENT BAILEY: Read the
17 last section.
18 THE SECRETARY: Section 4. This
19 act shall take effect immediately.
20 ACTING PRESIDENT BAILEY: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT BAILEY: Announce
24 the results.
25 THE SECRETARY: Ayes, 59.
4805
1 ACTING PRESIDENT BAILEY: The bill
2 is passed.
3 Senator Liu, that completes the
4 reading of today's calendar.
5 SENATOR LIU: Mr. President, please
6 go to the reading of the controversial calendar.
7 ACTING PRESIDENT BAILEY: The
8 Secretary will ring the bell.
9 The Secretary will read.
10 THE SECRETARY: Calendar Number
11 140, Senate Print 1633B, by Senator Fernandez, an
12 act to amend the Public Health Law.
13 ACTING PRESIDENT BAILEY: Senator
14 Martins, why do you rise?
15 SENATOR MARTINS: Mr. President, I
16 was wondering if the sponsor would yield for a
17 few questions.
18 ACTING PRESIDENT BAILEY: Will the
19 sponsor yield?
20 SENATOR FERNANDEZ: Yes.
21 ACTING PRESIDENT BAILEY: The
22 sponsor yields.
23 SENATOR MARTINS: So I see in the
24 memorandum of support -- and it starts,
25 Mr. President, with "Electronic health records
4806
1 improve the quality of healthcare by ensuring
2 that every provider who sees a patient has access
3 to their medical history."
4 A critical part of what this body
5 and this state has done historically is to
6 ensure, Mr. President, that we have access to
7 accurate records. And so I agree wholeheartedly
8 with the sponsor in the justification insofar as
9 that line in that first sentence.
10 And then there's the "but." And
11 then it goes "But," and it goes from there.
12 Can you tell us, Senator, why we
13 would need to create an exception to that first
14 phrase of the importance of the integrity of
15 health records in ensuring healthcare for
16 New York State residents?
17 SENATOR FERNANDEZ: Through you,
18 Mr. President. Right now every New Yorker is not
19 within the health records, the electronic health
20 records. Right now New Yorkers have a choice to
21 either opt in or opt out. This is a conversation
22 that they have with their doctors upon leaving
23 and then in their consultation.
24 So New Yorkers right now have the
25 ability to give everything or nothing. And many
4807
1 times they are choosing to give nothing and not
2 put themselves in the electronic health records
3 because of past medical instances.
4 And this is -- to your "but," I
5 guess, this is needed because we're seeing people
6 being put in danger, especially in the climate
7 that we're in where we see other states making
8 laws that are criminalizing people for certain
9 medical actions and medical needs. Like
10 abortion. I mean, that's a very known topic
11 right now.
12 So this bill gives that protection
13 to the individual to prevent discrimination, to
14 prevent maybe lack of care. Because it's been
15 found too that some doctors will maybe choose to
16 not practice in best will because of that
17 particular person's history or life choices.
18 SENATOR MARTINS: Thank you,
19 Mr. President.
20 Through you, if the sponsor would
21 continue to yield.
22 ACTING PRESIDENT BAILEY: Will the
23 sponsor yield?
24 SENATOR FERNANDEZ: Yes.
25 ACTING PRESIDENT BAILEY: The
4808
1 sponsor yields.
2 SENATOR MARTINS: So, Senator, what
3 types of conditions or what types of procedures
4 are being exempted through this bill?
5 SENATOR FERNANDEZ: It's a very
6 small list, so it's not that you can choose
7 whatever you want. But it defines as
8 reproductive health services, gender-affirming
9 care, sexually transmitted infections, HIV,
10 alcoholism, substance use disorder treatment, and
11 mental health care.
12 SENATOR MARTINS: Through you,
13 Mr. President, if the sponsor will continue to
14 yield.
15 ACTING PRESIDENT BAILEY: Will the
16 sponsor yield?
17 SENATOR FERNANDEZ: Yes.
18 ACTING PRESIDENT BAILEY: The
19 sponsor yields.
20 SENATOR MARTINS: And so should
21 this bill pass and should it be signed into law,
22 would there be anything in the electronic records
23 that would give an indication to a doctor who's
24 reviewing those records that there had been
25 records or information that had been removed or
4809
1 redacted?
2 SENATOR FERNANDEZ: Through you,
3 Mr. President. Only past medical histories
4 relevant to this particular doctor that they're
5 speaking to will be shared.
6 If you're going to see your dentist
7 and they want to see your medical records, the
8 dentist doesn't need to know that you had an
9 abortion or that you're even a trans person.
10 So to that particular doctor, no
11 particular -- no -- there would be no information
12 hidden.
13 SENATOR MARTINS: Through you,
14 Mr. President, if the sponsor would continue to
15 yield.
16 ACTING PRESIDENT BAILEY: Will the
17 sponsor yield?
18 SENATOR FERNANDEZ: Yes.
19 ACTING PRESIDENT BAILEY: The
20 sponsor yields.
21 SENATOR MARTINS: So let's take a
22 hypothetical, then. Let's say that a person is
23 in an accident, has an emergency -- and we'll get
24 into what that definition is under your bill.
25 But let's say that they are not able to
4810
1 communicate.
2 So it isn't their dentist, it isn't
3 their orthodontist, it isn't some other
4 profession. It isn't a scheduled meeting that
5 they chose to exclude that person from having
6 those records.
7 It's a doctor that maybe in this
8 case let's assume is not their primary care
9 physician, does not have the history of this
10 patient. A total stranger is in front of them
11 and they're trying to determine how best to treat
12 that person.
13 Will there be something in the
14 records to indicate that there are records that
15 are no longer -- are not there so that the doctor
16 can inquire if they feel that it's appropriate?
17 SENATOR FERNANDEZ: Through you,
18 Mr. President. This print that we have in front
19 of us does have a clause that if in case of
20 emergency the doctor -- probably in the emergency
21 room -- will be able to see everything.
22 SENATOR MARTINS: Through you,
23 Mr. President, if the sponsor will continue to
24 yield.
25 ACTING PRESIDENT BAILEY: Will the
4811
1 sponsor yield?
2 SENATOR FERNANDEZ: Yes, I will.
3 ACTING PRESIDENT BAILEY: The
4 sponsor yields.
5 SENATOR MARTINS: And,
6 Mr. President, through you, that's precisely the
7 question.
8 How would that doctor, perhaps in
9 the emergency room, know to ask? Will there be
10 an indication, a notation in that electronic
11 record to show that something has been redacted
12 or removed so that the doctor can ask and
13 actually get a full picture of the patient's
14 condition?
15 SENATOR FERNANDEZ: So through you,
16 Mr. President. At this moment that person could
17 have no record at all on file. And that's
18 addressing the point here.
19 This person -- again, like I said,
20 some opt in, some opt out. If I'm in the
21 emergency room and I never opted in, I never
22 shared anything to be put in the electronic
23 health records, the doctor would have the same
24 information that we have right now.
25 So this is allowing more information
4812
1 to be shared with a doctor or a healthcare
2 emergency professional in these cases.
3 SENATOR MARTINS: Through you,
4 Mr. President, if the sponsor would continue to
5 yield.
6 ACTING PRESIDENT BAILEY: Will the
7 sponsor yield?
8 SENATOR FERNANDEZ: Yes.
9 ACTING PRESIDENT BAILEY: The
10 sponsor yields.
11 SENATOR MARTINS: No, I do
12 appreciate that. But I just wanted to know, for
13 purposes of the record we're creating, whether or
14 not there's actually going to be something, since
15 we're asking a different agency to create rules
16 whether or not it is your intention to have
17 something in that record that shows and will
18 actually be a trigger for a doctor to ask in the
19 event that it's necessary.
20 SENATOR FERNANDEZ: Through you,
21 Mr. President. Right now this bill does indicate
22 that DOH would be responsible for indicating when
23 those needs or emergency moments happen and how
24 to handle them.
25 SENATOR MARTINS: Through you,
4813
1 Mr. President, if the sponsor would continue to
2 yield.
3 ACTING PRESIDENT BAILEY: Will the
4 sponsor yield?
5 SENATOR FERNANDEZ: Yes.
6 ACTING PRESIDENT BAILEY: The
7 sponsor yields.
8 SENATOR MARTINS: Is it the
9 sponsor's intention that there be something
10 indicated in the record so that a doctor can
11 actually be able to ask for certain things?
12 And Mr. President, through you, the
13 reason I'm asking is, you know, if we have
14 people -- it's not just reproductive rights here.
15 There are people with substance abuse issues. It
16 could be someone who has mental health issues and
17 who is a recovering addict who the doctor should
18 know is someone who is a recovering addict and
19 therefore not prescribed, for example, opioids.
20 The doctor has to have an indication
21 of what's there in order to be able to protect
22 the patient.
23 Is there going to be an indication
24 in the record to allow that doctor to know that
25 something has been redacted and that they, if
4814
1 they feel it's an emergency, should ask for more
2 information?
3 SENATOR FERNANDEZ: Through you,
4 Mr. President. Right now, in the cases of an
5 addiction history, substance use disorder
6 treatment, mental health treatment, that's
7 already federally protected.
8 So somebody can withhold that
9 information from their medical professional
10 already, under federal law. So this is not
11 changing that part of it.
12 SENATOR MARTINS: Through you,
13 Mr. President, if the sponsor would continue to
14 yield.
15 ACTING PRESIDENT BAILEY: Will the
16 sponsor yield?
17 SENATOR FERNANDEZ: Yes.
18 ACTING PRESIDENT BAILEY: The
19 sponsor yields.
20 SENATOR MARTINS: And with regard
21 to the federal law and federal prohibitions, I
22 think you're speaking to 42CFR Part 2.
23 You know, there have been some
24 changes to that as well. And my concern in
25 asking about that in particular is that although
4815
1 there has been a lessening specifically with
2 regard to the federal prohibitions so as to allow
3 for greater ability to get access to those
4 records, we may be taking a step in the opposite
5 direction here in New York through your bill and
6 actually make it more restrictive. And therefore
7 providing less protections for our residents
8 insofar as a doctor's ability to actually access
9 those records.
10 So yes, there are restrictions in
11 federal law, but those changes have been made
12 recently, I think in 2024, to actually allow for
13 greater access -- bipartisan changes to federal
14 law that have resulted in, I believe and they
15 believe, greater access to those records.
16 This bill would do the opposite. Do
17 you see it the same way?
18 (Pause.)
19 SENATOR FERNANDEZ: Through you,
20 Mr. President. So even if the federal government
21 decides to roll that back and to open it up,
22 before this bill New York already has those
23 protections as well. So that would stand.
24 SENATOR MARTINS: There have been
25 studies -- I'm sorry --
4816
1 ACTING PRESIDENT BAILEY: Senator
2 Martins, are you on the bill or are you asking to
3 yield?
4 SENATOR MARTINS: Through you, if
5 the sponsor will continue to yield.
6 ACTING PRESIDENT BAILEY: Will the
7 sponsor yield?
8 SENATOR FERNANDEZ: Yes.
9 ACTING PRESIDENT BAILEY: The
10 sponsor yields.
11 SENATOR MARTINS: So in preparing
12 the bill, Senator, did you have an opportunity to
13 consult with hospitals, healthcare systems,
14 perhaps -- perhaps emergency room doctors,
15 physicians, and get their input with regard to
16 the impact of restricting access to records as
17 this bill would do?
18 SENATOR FERNANDEZ: Through you,
19 Mr. President, yes, we have. And we've received
20 a list of over 200 doctors and healthcare
21 providers that do agree with this bill for the
22 sake of protecting individuals as they explore
23 healthcare options in New York and out of state.
24 So I can give you that list if you
25 want to read all the 200 people that agree with
4817
1 me.
2 SENATOR MARTINS: Through you,
3 Mr. President, if the sponsor would continue to
4 yield.
5 ACTING PRESIDENT BAILEY: Will the
6 sponsor yield?
7 SENATOR FERNANDEZ: Yes.
8 ACTING PRESIDENT BAILEY: The
9 sponsor yields.
10 SENATOR MARTINS: Senator, I've
11 read the list. There are a couple of doctors,
12 there are a whole bunch of healthcare
13 professionals, there's social workers, nurses and
14 others.
15 But there are literally thousands
16 and thousands of doctors and tens of thousands of
17 doctors in New York State. There are healthcare
18 systems in New York State that have real concerns
19 about this bill and the integration of healthcare
20 records and how that may restrict the provision
21 of healthcare.
22 I was just wondering if you had
23 spoken to any of them, aside from people who
24 signed a letter and sent it to Chair Paulin in
25 the Assembly and Chair Rivera here in the Senate.
4818
1 SENATOR FERNANDEZ: Through you,
2 Mr. President. Yes, I have.
3 And the only opposition is the tech
4 companies that say that this is just something
5 they can't seem to do. Which personally I find
6 to be an unreasonable answer, because as we see,
7 technology is advancing very quick. Systems can
8 create new ways of organizing and sharing
9 information. We talk about it every day, with AI
10 moving as fast as it is.
11 So that's the only opposition which
12 again, in my opinion, is not a reasonable answer
13 why we can't further protect New Yorkers with
14 their information.
15 SENATOR MARTINS: Mr. President,
16 through you, if the sponsor would continue to
17 yield.
18 ACTING PRESIDENT BAILEY: Will the
19 sponsor yield?
20 SENATOR FERNANDEZ: Yes.
21 ACTING PRESIDENT BAILEY: The
22 sponsor yields.
23 SENATOR MARTINS: Are you aware of
24 the opposition from the Greater New York Hospital
25 System or Hospital Association and HANYS, the
4819
1 Hospital Association of New York State?
2 You know, they have voiced and
3 written memos in opposition to the bill. So, I
4 mean, in keeping with that, two tremendous
5 associations dealing with healthcare here in
6 New York State, both have voiced opposition to
7 the bill.
8 Have you read their opposition and
9 their memos in opposition? I can certainly
10 perhaps make them available to you if you'd like.
11 SENATOR FERNANDEZ: So through you,
12 Mr. President, yes, I have.
13 And as I mentioned before,
14 amendments have been made to the bill,
15 specifically to allow cases of emergency, in the
16 emergency room, for information to be shared with
17 that professional.
18 SENATOR MARTINS: There's a section
19 of the bill --
20 ACTING PRESIDENT BAILEY: On the
21 bill, Senator Martins, or --
22 SENATOR MARTINS: I apologize,
23 Mr. President. Through you, if the sponsor would
24 continue to yield.
25 ACTING PRESIDENT BAILEY: Will the
4820
1 sponsor yield?
2 SENATOR FERNANDEZ: Yes.
3 ACTING PRESIDENT BAILEY: The
4 sponsor yields.
5 SENATOR MARTINS: So on page 7,
6 lines 9 through 12, there's a section that says
7 that (reading) nothing in paragraph A of this
8 subdivision shall create an affirmative
9 obligation on a healthcare provider to review
10 noncodified data created prior to the effective
11 date of any rules and regulations promulgated
12 pursuant to this action.
13 Does that mean that healthcare
14 providers don't have to look at any records,
15 written records, notes that may exist prior to
16 this bill being enacted?
17 SENATOR FERNANDEZ: Through you,
18 Mr. President. Every interaction between a
19 patient and the doctor, there is conversation, we
20 believe and assume. And those conversations can
21 share everything that the doctor may need to
22 know, based on what the patient feels comfortable
23 with. And maybe in those conversations the
24 doctor is able to get more of a history of it.
25 And that I think is an important
4821
1 part of someone's healthcare being able to have a
2 conversation and trust what you're saying and
3 what is being received to move forward with your
4 healthcare and the best care for yourself.
5 Did I answer the question? What did
6 you ask me?
7 SENATOR MARTINS: Through you,
8 Mr. President, if the sponsor would continue to
9 yield.
10 ACTING PRESIDENT BAILEY: Will the
11 sponsor yield?
12 SENATOR FERNANDEZ: Sure.
13 ACTING PRESIDENT BAILEY: The
14 sponsor yields.
15 SENATOR MARTINS: Senator, we hope
16 that there's going to be that interaction between
17 the patient and the doctor. You know, the
18 concerns are that so often there aren't.
19 But that provision in particular
20 speaks to not needing to review records prior to
21 the enactment date of this piece of legislation.
22 And there are concerns that that, by default,
23 will put an obligation on healthcare providers
24 and doctors therefore to have to review those
25 notes for their patients after this is enacted.
4822
1 Is that the intent?
2 SENATOR FERNANDEZ: Through you,
3 Mr. President. No, it's not the intent.
4 SENATOR MARTINS: Okay. Are you
5 familiar with any studies, or did -- in preparing
6 for --
7 ACTING PRESIDENT BAILEY: Senator
8 Martins, on --
9 SENATOR MARTINS: I'll ask the
10 Senator one last question, if she would yield.
11 ACTING PRESIDENT BAILEY:
12 Certainly. Will the sponsor yield?
13 SENATOR FERNANDEZ: Yes.
14 ACTING PRESIDENT BAILEY: The
15 sponsor yields.
16 SENATOR MARTINS: In preparing this
17 bill, did you have an occasion to review any of
18 the studies that have been done -- and there have
19 been extensive studies done on the ability of
20 patients to recall medications that they're on,
21 to recite those medications accurately -- you
22 know, I can go through a series of them if you'd
23 like.
24 But historically and consistently,
25 these studies have shown that even when they are
4823
1 able to interact with the doctor, that more than
2 50 percent of patients just don't recall the
3 medications that they're on, and therefore are
4 not able to relay those to doctors.
5 Hence this push that we had here in
6 the body to incorporate those into electronic
7 health records so that the doctor would have
8 those records and all of that information in
9 front of them.
10 Are you familiar with those studies?
11 SENATOR FERNANDEZ: Through you,
12 Mr. President, yes.
13 But I go back to my point that not
14 every person has an electronic health record. So
15 your hypothetical right now is I think moot
16 because that person may not have an electronic
17 health record and is only saying what they can
18 remember.
19 SENATOR MARTINS: Through you,
20 Mr. President, on the bill.
21 ACTING PRESIDENT BAILEY: Senator
22 Martins on the bill.
23 SENATOR MARTINS: I did promise
24 that was my last question. So thank you,
25 Senator Fernandez.
4824
1 You know, the whole purpose of
2 electronic health records is exactly that, to
3 make sure that for those people who do opt -- and
4 there's been a push that all records transition
5 to electronic health records so that we do have a
6 place where we have the integrity of those
7 records. Not to get people in trouble -- just
8 the opposite, to make sure that the doctors and
9 healthcare professionals have a full history of
10 that person's medical history, perhaps
11 prescription history.
12 You know, I am concerned,
13 Mr. President, that we have classes of conditions
14 or histories here that are being removed, some of
15 them having to do with mental health, with
16 substance abuse, and so very easily morph into
17 critical prescriptions and medical histories
18 being removed for the sake of putting that
19 patient at risk.
20 Now, Mr. President, I see in this
21 bill that it is at least nominally in response to
22 a Supreme Court decision here in the U.S., Dobbs.
23 Many of us can agree that reproductive health is
24 a right for women. There should be no stigma
25 associated with that. And there certainly
4825
1 shouldn't be any stigma associated with that on
2 the medical care side.
3 But to say that we're going to
4 change the ability of people to marshal their own
5 resources, have accurate records, and the
6 integrity of electronic records -- which was,
7 frankly, passed by this state simply so that
8 people can have a medical record, a passport, a
9 wallet that goes with them wherever they are in
10 the world. I think it's a mistake.
11 We have countries in this world
12 where people travel, some right here in the
13 Americas and Central America, where they don't
14 have the same laws that we do here in the United
15 States, certainly not the laws we have here in
16 New York. Those laws existed in those countries
17 when this bill was passed originally. There were
18 no exceptions made with regard to criminality at
19 that time. But yet here we are making those
20 changes now.
21 There are laws around the world that
22 deal with issues that we feel uncomfortable with
23 here in New York because of our commitment to
24 human rights.
25 But yet this bill -- predicate for
4826
1 this bill is a Supreme Court decision and
2 concerns we have with other states in the
3 country.
4 As a lawyer -- Mr. President, I know
5 you are as well -- due process in those states
6 doesn't allow for someone to be prosecuted in
7 those states for something that happened here in
8 New York. That action has to take place in that
9 state. So if a New Yorker goes to a state that
10 prohibits something that would otherwise be
11 allowed here in New York -- their state, their
12 rules. They will enforce their laws as they see
13 fit.
14 But there is no place in this
15 country where someone who does something here in
16 New York can be held accountable for having done
17 that in another state. That's the way
18 due process works.
19 So if that is the predicate for this
20 bill, if that's the reason that we're going to
21 allow people to remove information, and perhaps
22 critical information, from their medical records
23 and not protect the integrity of those records,
24 it's a mistake.
25 And so either we're going to commit
4827
1 to having accurate records available for the
2 safety -- and I'll repeat the sponsor's own
3 justification is that it advances the health and
4 safety of New Yorkers to have access to those
5 medical records. And that means complete medical
6 records. There is no "but." And there should be
7 none.
8 And we shouldn't allow politics to
9 interfere with our commitment to ensuring the
10 integrity of those medical records and the safety
11 of New Yorkers.
12 So, Mr. President, I'll be voting
13 no. I'll encourage all of my colleagues to do
14 the same.
15 And again, I want to thank
16 Senator Fernandez for her answers.
17 Thank you.
18 ACTING PRESIDENT BAILEY: Thank
19 you, Senator Martins.
20 Are there any other Senators wishing
21 to be heard?
22 Seeing and hearing none, debate is
23 closed.
24 Senator Gianaris.
25 SENATOR GIANARIS: Mr. President,
4828
1 we've agreed to restore this bill to the
2 noncontroversial calendar.
3 ACTING PRESIDENT BAILEY: On
4 consent, the bill is restored to the
5 noncontroversial calendar.
6 Read the last section.
7 THE SECRETARY: Section 4. This
8 act shall take effect immediately.
9 ACTING PRESIDENT BAILEY: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT BAILEY: Senator
13 Fernandez to explain her vote.
14 SENATOR FERNANDEZ: Thank you,
15 Mr. President.
16 I feel like it's wrong to say that
17 politics shouldn't make us do things or think and
18 feel certain ways, because that's exactly why
19 we've introduced a lot of these bills on this
20 floor.
21 Politics does lead us to have to
22 make changes into systems so people are not
23 discriminated against or hurt. And we are at a
24 time, as I said before, where other states are
25 attacking New Yorkers, or vice versa.
4829
1 Someone has come to -- from
2 Louisiana, and I believe this has happened in
3 Senator Hinchey's district. A doctor in New York
4 was sued by someone in Louisiana because their
5 patient came here for abortion care.
6 Someone has maybe come from Texas to
7 New York, got into a car accident and -- hold on.
8 My hypothetical's getting messed up.
9 But the fact is that in other
10 states, based on some of your healthcare history,
11 choices are being made that are not fair and not
12 right. And based on your scope of practice,
13 whichever profession you're speaking with, that
14 information will be shared. But certain pieces
15 of information does not have to be shared with a
16 professional that is not in that scope of
17 practice, where the things don't intertwine.
18 So this bill is important to anyone
19 who does visit their doctor and is unsure whether
20 they can be honest without putting themselves or
21 their provider or their private medical
22 information at risk.
23 The legislation is clear, and it
24 informs patients of their rights. It allows them
25 to protect sensitive health information, and it
4830
1 helps ensure that people can seek care without
2 the fear of their personal medical information
3 being used against them.
4 I vote aye, and I urge everyone else
5 to vote aye. Thank you.
6 ACTING PRESIDENT BAILEY: Senator
7 Fernandez to be recorded in the affirmative.
8 Senator Canzoneri-Fitzpatrick to
9 explain her vote.
10 SENATOR CANZONERI-FITZPATRICK:
11 Thank you, Mr. President.
12 Our job here in this body is to
13 protect our constituents. People outside this
14 state are not my concern. People that I
15 represent are our concern.
16 The definition of reproductive
17 healthcare includes contraception. That means
18 that every woman that takes birth control is at a
19 risk of blood clots. That also interacts with
20 other medications that may increase your risk of
21 blood clots. Therefore, you are withholding
22 information from a doctor that potentially
23 affects the health of a woman.
24 A woman who's on birth control
25 shouldn't even take Advil, ibuprofen, because it
4831
1 also increases your risk of blood clots. So a
2 collateral effect of this legislation is
3 withholding information that very well could harm
4 a woman who's taking contraception.
5 We need to tailor our legislation to
6 be restricted to protect the people that you
7 truly are trying to protect, and make sure that
8 we don't go too far. I'm not a doctor, I'm not a
9 pharmacist. I can't pretend to understand the
10 chemical reactions between multiple medications.
11 That's not my job.
12 But my job is to make sure that a
13 doctor can in fact have the information to
14 protect their patient. That's my concern.
15 That's why I'll be voting no.
16 Thank you, Mr. President.
17 ACTING PRESIDENT BAILEY: Senator
18 Canzoneri-Fitzpatrick to be recorded in the
19 negative.
20 Announce the results.
21 THE SECRETARY: In relation to
22 Calendar 140, voting in the negative are
23 Senators Ashby, Canzoneri-Fitzpatrick, Chan,
24 Gallivan, Griffo, Helming, Lanza, Martins,
25 Mattera, Murray, O'Mara, Ortt, Palumbo, Rhoads,
4832
1 Stec, Tedisco, Walczyk, Weber and Weik.
2 Ayes, 40. Nays, 19.
3 ACTING PRESIDENT BAILEY: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 751, Senate Print 8624, by Senator Myrie, an act
7 to amend the Civil Practice Law and Rules.
8 ACTING PRESIDENT BAILEY: Senator
9 Murray, why do you rise?
10 SENATOR MURRAY: Thank you,
11 Mr. President. Would the sponsor yield for a few
12 questions, please.
13 ACTING PRESIDENT BAILEY: Will the
14 sponsor yield?
15 SENATOR MYRIE: Yes.
16 ACTING PRESIDENT BAILEY: The
17 sponsor yields.
18 SENATOR MURRAY: Thank you.
19 Through you, Mr. President.
20 Senator, what does this bill do?
21 SENATOR MYRIE: Through you,
22 Mr. President, this allows for punitive damages
23 to be recovered from an estate.
24 Our current laws prohibit an estate
25 from being subject to punitive damages. And just
4833
1 to give context, in our law there's three major
2 categories of damages. There are actual damages,
3 there are compensatory damages, and then there
4 are punitive damages.
5 The first two are meant to make the
6 plaintiff whole on the actual piece. That is for
7 tangible things -- out-of-pocket costs.
8 For compensatory, in addition to
9 actual damages, these are things like pain and
10 suffering and emotional distress. Intangible
11 things.
12 Punitive damages focuses on the
13 damage done to society. The type of activities
14 that we want to discourage, and we not only want
15 to demonstrate in this one case that this is
16 unacceptable, but we want it to be known
17 throughout the community that this is activity we
18 do not want to see.
19 And so this bill, as it relates to
20 estates of individuals who have committed sexual
21 crimes, this would allow for them to recover, the
22 guiding principle being that the harm caused to
23 the victim does not extinguish upon the death of
24 the person who caused that harm. And we have to
25 give them some ability to gain recourse.
4834
1 SENATOR MURRAY: Through you,
2 Mr. President, would the sponsor continue to
3 yield?
4 ACTING PRESIDENT BAILEY: Will the
5 sponsor yield?
6 SENATOR MYRIE: Yes.
7 ACTING PRESIDENT BAILEY: The
8 sponsor yields.
9 SENATOR MURRAY: So that was very
10 thorough. My next follow-up question was going
11 to be why is it necessary, but I think you pretty
12 much answered that one.
13 So I'm going to bring up a scenario,
14 for example, like a Jeffrey Epstein kind of
15 situation here. So in that particular case,
16 charges were filed against him, sexual abuse
17 charges were filed against him. He's then
18 convicted, goes to jail, is serving his time, and
19 then dies in jail.
20 This would allow you to still go
21 after the estate, is that correct?
22 SENATOR MYRIE: Through you,
23 Mr. President, it would allow for a civil suit to
24 be brought and for civil claims, particularly for
25 punitive damages, to be brought.
4835
1 SENATOR MURRAY: Through you,
2 Mr. President, would the sponsor continue to
3 yield?
4 ACTING PRESIDENT BAILEY: Will the
5 sponsor yield?
6 SENATOR MYRIE: Yes.
7 ACTING PRESIDENT BAILEY: The
8 sponsor yields.
9 SENATOR MURRAY: Thank you.
10 Through you, Mr. President.
11 In your justification of the bill --
12 and I'm quoting -- it says "This bill seeks to
13 codify the principle that victims of abuse should
14 not be robbed of vindication by the death of
15 their abuser."
16 What do you mean by the term "robbed
17 of vindication"?
18 SENATOR MYRIE: Through you,
19 Mr. President. I think I know where my colleague
20 is going to go on this. But I will answer the
21 question in good faith.
22 That is meant to stand for the
23 proposition that in our civil law we have
24 punitive damages to discourage particularly
25 egregious activity.
4836
1 As it relates to recovering damages,
2 punitive damages is something that is through our
3 common law that has been developed. The ability
4 for you to not recover from an estate is also
5 based on common law or law created by the courts,
6 not a right found in the Constitution or in other
7 statutes.
8 It is different from the criminal
9 context, in which there are constitutional
10 protections for defendants. They're things like
11 presumption of innocence. They're things like
12 due process. These are constitutional
13 protections.
14 In the civil law and in this
15 particular context, there is not a constitutional
16 basis for the prohibition on recovery from an
17 estate.
18 SENATOR MURRAY: Thank you.
19 Mr. President, on the bill.
20 ACTING PRESIDENT BAILEY: Senator
21 Murray on the bill.
22 SENATOR MURRAY: And thank you,
23 Senator Myrie.
24 I was going to ask -- and you are
25 correct of where I was going, and I'll explain
4837
1 that.
2 So where I was going -- and I was
3 going to ask are you familiar with the term
4 abatement ab initio. And I would venture to
5 guess that most people, maybe even in this
6 chamber, don't know what that means.
7 I brought up the issue of
8 Jeffrey Epstein. Abatement ab initio is this.
9 It is a federal doctrine that is handled
10 differently by all states. In New York, we abide
11 by that doctrine. That doctrine says that if
12 someone is charged with a crime, if they are
13 convicted -- they've had their day in court, a
14 jury of their peers convicts them, they are
15 sentenced, they go to jail. They then file an
16 appeal. But before the appeal is heard, they
17 die, either by suicide or any other means. They
18 pass away, and the appeal is not heard.
19 Their conviction, under abatement ab
20 initio, is wiped clean. Does not exist at all.
21 The indictment wiped clean, everything about it
22 is wiped clean.
23 So I googled if this applied to
24 Jeffrey Epstein, and here was the answer: The
25 legal doctrine of abatement ab initio did apply
4838
1 to Jeffrey Epstein's federal criminal case.
2 Because Epstein died in August 2019 by suicide in
3 his jail cell while awaiting trial, before a
4 final judgment could be issued, the U.S. District
5 Court officially dismissed the pending
6 indictment, and under abatement ab initio the
7 charges were wiped clean, meaning Epstein died
8 legally innocent of those specific federal
9 charges in the eyes of the law.
10 Why do I bring that up? Well, if
11 the state had filed charges, if he had not passed
12 away and the state filed charges against
13 Jeffrey Epstein, under this same scenario -- and
14 he appealed the conviction, he died. The appeal
15 wasn't heard. Everything is wiped out. How easy
16 do you think that civil case would be now?
17 There's nothing to go after him for.
18 He didn't commit a crime. According to the eyes
19 of the law of New York State, there was no crime
20 committed. So good luck with your civil case.
21 Good luck going after these damages.
22 So when you say "robbed of
23 vindication," when I talk to many crime victims,
24 they don't mean money. They don't mean punitive
25 damage. They want justice. They want to know
4839
1 that someone is being held responsible for that
2 crime.
3 Yesterday in the Codes Committee I
4 had Sarah's Law come up, which addressed
5 abatement ab initio. It was voted down. If that
6 would pass, it would make this bill even
7 stronger. And yet it was shot down. Where is
8 the justice for the victims?
9 So after all of that, I'll say this.
10 I do support this bill. I absolutely do.
11 Because I believe that victims, whether it's
12 sexual abuse or otherwise, crime victims deserve
13 their, as you put it, vindication.
14 And while this bill will help it get
15 there, it could have been made stronger had we
16 passed Sarah's Law. And it's unfortunate that I
17 think politics got in the way of that.
18 With that said, I will be voting in
19 the affirmative.
20 Thank you, Mr. President.
21 ACTING PRESIDENT BAILEY: Thank
22 you, Senator Murray.
23 Are there any other Senators wishing
24 to be heard?
25 Seeing and hearing none, debate is
4840
1 closed.
2 Senator Gianaris.
3 SENATOR GIANARIS: Mr. President,
4 we've also agreed to restore this bill to the
5 noncontroversial calendar.
6 ACTING PRESIDENT BAILEY: On
7 consent, the bill is restored to the
8 noncontroversial calendar.
9 Read the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT BAILEY: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT BAILEY: Announce
16 the results.
17 THE SECRETARY: Ayes, 59.
18 ACTING PRESIDENT BAILEY: The bill
19 is passed.
20 Senator Gianaris, that completes the
21 reading of the controversial calendar.
22 SENATOR GIANARIS: Consistent with
23 our practice, we are now taking up resolutions
24 without guests at the end of session.
25 So please take up Resolution 2094,
4841
1 by Senator Cleare, read that resolution's title
2 and call on Senator Cleare.
3 ACTING PRESIDENT BAILEY: The
4 Secretary will read.
5 THE SECRETARY: Resolution 2094, by
6 Senator Cleare, commemorating the 101st Birthday
7 of Malcolm X, an advocate for human rights and
8 one of the most influential African-American
9 leaders in history.
10 ACTING PRESIDENT BAILEY: Senator
11 Cleare on the resolution.
12 SENATOR CLEARE: Thank you,
13 Mr. President.
14 I rise to pay tribute to one of the
15 most important New Yorkers in the history of the
16 world: El-Hajj Malik El-Shabazz, known to so
17 many as Malcolm X, upon today, his 101st
18 birthday.
19 Malcolm X may have been born in
20 Nebraska, but many of the most essential events
21 of his life happened here in New York State, and
22 in the village of Harlem. He spent part of his
23 transformative youth in Harlem from 1943 to 1945.
24 He returned to Harlem in the 1950s to lead
25 Temple No. 7, on West 116th Street in Harlem,
4842
1 which today is known as Masjid Malcolm Shabazz.
2 The birthday of Malcolm X is a very
3 important annual event in New York and throughout
4 other parts of the country. That is because
5 Malcolm's journey and evolution has not only
6 inspired billions of people worldwide, but so
7 many of those people lived the very same
8 experience, took the very same steps, fought
9 against the very same racism and injustice, and
10 have paid the ultimate price, much like Brother
11 Malcolm did.
12 The village of Harlem has always
13 paid tribute to Malcolm X. In 1987, Lenox Avenue
14 was renamed Malcolm X Boulevard. We landmarked
15 the former Audubon Ballroom where Malcolm was
16 sadly assassinated and transformed it to the
17 Malcolm X and Dr. Betty Shabazz Memorial
18 Educational Center.
19 Twenty-six years ago, Malcolm X
20 Plaza was dedicated as a gateway from
21 Central Park to West 110th Street in Harlem. And
22 last year we renamed the underlying subway
23 station West 110th Street Malcolm X Plaza
24 Station.
25 As we work and move forward, let us
4843
1 remember Malcolm and his teachings. And I leave
2 you with one of these quotes that strikes me
3 always. "I am for truth, no matter who tells it.
4 I am for justice, no matter who it is for. I'm a
5 human being first and foremost, and as such I'm
6 for whoever and whatever benefits humanity as a
7 whole."
8 I proudly vote aye on the resolution
9 and hope my colleagues do the same.
10 Thank you.
11 ACTING PRESIDENT BAILEY: Senator
12 Cleare to be recorded in the affirmative.
13 Senator Baskin on the resolution.
14 SENATOR BASKIN: Thank you,
15 Mr. President.
16 I want to thank my good colleague
17 Senator Cleare for bringing this resolution
18 before our body. And I want to join her in
19 lifting up the legacy of Malcolm X.
20 Malcolm X encouraged people, mainly
21 Black people, to be proud of their identity,
22 their culture, and their history. Through his
23 speeches and his activism, Malcolm X inspired
24 many of us, including myself, to stand up against
25 discrimination and to demand equal treatment.
4844
1 He also helped bring attention to
2 the struggles faced by many African-Americans,
3 and he pushed and fought for social change.
4 Although his views may have changed
5 over time, one thing is for sure. Brother
6 Malcolm X always believed in human rights and
7 justice for all people. His courage, his
8 leadership, and his message of empowerment
9 continue to inspire people, me chief of them
10 most, today and around our world always.
11 Thank you again, Senator Cleare, for
12 this resolution.
13 ACTING PRESIDENT BAILEY: Senator
14 Baskin to be recorded in the affirmative.
15 Senator Myrie to explain his vote.
16 SENATOR MYRIE: Thank you,
17 Mr. President.
18 I want to thank Senator Cleare for
19 bringing this resolution and wishing Malcolm X a
20 happy 101st birthday.
21 You know, this is an important day,
22 particularly for Black men in this country. We
23 don't get to see our heroes grow old, and too
24 many of them have been taken away from us. So we
25 have to pause and reflect and celebrate any time
4845
1 those birthdays come up.
2 I know that Malcolm is a son of the
3 village of Harlem. I know that he resided in
4 Queens. But much like he did all across the
5 world, he left an impact in Brooklyn as well.
6 There was the establishment of
7 Temple No. 7C in Bed-Sty. We had Shabazz fish
8 markets and bookstores all across Fulton.
9 So we take a piece of him and we
10 hold him and hug him very closely.
11 And more personally, when
12 SUNY Downstate, a hospital that all of us are
13 familiar with, was being built in the sixties,
14 there were allegations that there was
15 discrimination against Black people trying to get
16 construction jobs. And it was Malcolm X and the
17 Nation of Islam that made their way to watch the
18 protesters to ensure that they were safe when
19 they were carrying out the message for equality.
20 So we are grateful for the legacy of
21 Malcolm X. My first awakening on civil rights
22 and what was happening in this country came from
23 reading The Autobiography of Malcolm X in
24 middle school when I was in 7th grade. So I
25 remain grateful for his legacy.
4846
1 Thank you again, Senator Cleare.
2 ACTING PRESIDENT COONEY: Senator
3 Myrie to be recorded in the affirmative.
4 Senator Bailey to explain his vote.
5 SENATOR BAILEY: Thank you,
6 Mr. President.
7 Thank you, Senator Cleare, for this
8 important resolution.
9 Senator Myrie alluded to it that we
10 don't get to see many Black men of import of that
11 era grow old. We lost Martin at 39. We lost
12 Brother Malcolm at 39.
13 Malcolm X was a son of Harlem, but
14 Ms. Betty Shabazz, the queen, lived in
15 Mount Vernon, part of my district, to try to
16 shield her family from some of the things that
17 had happened after the untimely assassination of
18 Brother Malcolm.
19 Malcolm X taught me a lot. He
20 taught me that X was more than a Roman numeral.
21 He taught me that X was for the forgotten
22 portions of our history which we will never
23 reclaim.
24 But learning about who he was and
25 what he stood for, why the name change and why
4847
1 the pilgrimage, taught me that there was way more
2 to be learned about who I am as a Black man in
3 America than just what the history books have
4 told.
5 It is appropriate that -- I no
6 longer believe in coincidences, Mr. President --
7 that the family of one of the plaintiffs for
8 Brown v. Board of Education was here. And
9 Brother Malcolm's -- my favorite quote from
10 Brother Malcolm was on education. "Education is
11 the passport to the future, for tomorrow belongs
12 to those who prepare for it today." Education is
13 the key that will continue to allow us to rise.
14 So Brother Malcolm was not just a
15 talking point. He was not just a movie. He was
16 not just somebody who is bandied about in the
17 halcyon legacy of Black folks. He meant a lot to
18 us. And on today, his 101st birthday, we
19 celebrate him and his legacy that will be
20 enduring and will never die.
21 I proudly vote aye on the
22 resolution, and I thank my Senators, my
23 colleagues, and everybody within the sound of my
24 voice for this resolution.
25 Thank you, Mr. President.
4848
1 ACTING PRESIDENT COONEY: Senator
2 Bailey to be recorded in the affirmative.
3 Senator Parker to explain his vote.
4 SENATOR PARKER: Thank you,
5 Mr. President.
6 And thank you, Senator Cleare, for
7 bringing this resolution to the floor.
8 And I'm glad I'm going to give you
9 less of a debate than I gave it when Bill Perkins
10 brought this resolution to the floor a number of
11 years ago. But that's another conversation.
12 Look, I rise to wish Malcolm a happy
13 birthday and add my voice to the chorus of my
14 colleagues who are doing the same.
15 Senator Cleare, I want to -- you
16 know, we're here on Delta Day, and you all
17 understand this. I want to talk about the
18 elephant in the room.
19 Which is that Malcolm was a
20 controversial figure, because he talked about
21 self-determination and self-defense. At a time
22 in which the major conversation and the major
23 images that you saw around the Civil Rights
24 Movement was about the death of civil rights
25 workers and the abuse of those who were fighting,
4849
1 the innocent people who were fighting for simply
2 freedom.
3 And at a time in which the dominant
4 figure, although not loved, was the Reverend
5 Dr. Martin Luther King.
6 It was because of the way that white
7 supremacy played itself out in the South, versus
8 what you saw in the North, it was a very
9 different ideal. And his conversation was a
10 different conversation, both because he refused
11 to be a victim and because he was also Muslim.
12 It is only in recent times that we
13 have Muslim members of our body.
14 And so the discussion around Islam
15 in our communities was a big deal at that time,
16 and oftentimes put into stark juxtaposition to
17 Christian ideals, although not very different.
18 And because Malcolm -- my favorite phrase was "by
19 any means necessary."
20 And I think that in a lot of ways,
21 people take that in more controversial ways than
22 they need to.
23 That Malcolm X was somebody who was
24 a Black nationalist. And again, oftentimes
25 that's seen as controversial, because people --
4850
1 you know, they want to connect it to like, you
2 know, violence or conflict. But nationalism was
3 really about saying that Black people should have
4 their own nation, that they should operate within
5 a nation within a nation.
6 You find a direct intellectual
7 stream that goes from Booker T. Washington to
8 Marcus Mosiah Garvey. People don't realize it,
9 that Marcus Garvey comes here from Jamaica to
10 meet Booker T. Washington. He gets here the year
11 after he dies. So Booker T. Washington dies in
12 1915; Marcus Mosiah Garvey gets here in 1916.
13 Right? Right after his idol dies. Right?
14 Why am I talking about Garvey?
15 Because Garvey creates the largest Black
16 organization in the history of the world, the
17 UNIA, Universal Negro Improvement Association.
18 Who was a member of that
19 organization? The Honorable Elijah Muhammad.
20 And it is the teachings of the Honorable Elijah
21 Muhammad that gave Malcolm his fresh start after
22 he winds up in prison.
23 And so if you talk about one of the
24 very many transformations that Malcolm makes
25 ideologically, the most base one, the most
4851
1 important one, becomes the Honorable Elijah
2 Muhammad, which comes out of Marcus Mosiah
3 Garvey, which comes out of Booker T. Washington.
4 But at base, they were like, Black
5 people need to have their own. And so that when
6 you talk about these fixtures named Shabazz and
7 churches and newspapers, all of that is about
8 Black people having their own. Right?
9 And as Booker T. Washington said:
10 "In all things social, we should be as separate
11 as the fingers on the hand. In all things
12 economic, we should be as tight as the fist."
13 Right?
14 And so it was a radical idea for
15 Blacks -- especially in the North where things
16 were a lot more open than they were in the South,
17 a lot less segregated than they were in the
18 South, right -- to have somebody saying, No, we
19 still should have our own.
20 And interestingly enough, in this
21 moment you now have people saying Malcolm was
22 right. We can continue to have that debate,
23 whether it should exist and to what level we
24 should still be segregated or not segregated.
25 But he did represent a really
4852
1 important intellectual conversation that's
2 happening even today in our communities, as we
3 look at the denial of African-Americans in major
4 white institutions.
5 And so today we say happy birthday,
6 and we thank him for his contribution, for his
7 intrepid bravery, and the courage to speak truth
8 to power.
9 Thank you, Mr. President.
10 ACTING PRESIDENT BAILEY: Thank
11 you, Senator Parker.
12 Senator Webb on the resolution.
13 SENATOR WEBB: Thank you,
14 Mr. President.
15 I want to thank Senator Cleare for
16 not only this resolution that's on the floor
17 today, but Senator Cleare has been a tireless
18 advocate and champion for continuing to support
19 Malcolm X's legacy.
20 I had the honor of joining her last
21 year when the subway station was renamed in
22 Harlem. And one of the great things about
23 lifting up this important and prominent leader
24 that is Malcolm X is that still today, many years
25 later -- but not that many, right? -- his legacy
4853
1 and his teachings continue to bring people
2 together, and is most certainly advanced through
3 his children and their children.
4 And so I want to thank
5 Senator Cleare for always making not only space
6 to connect us members to his family and to the
7 great work, but for always being unwavering in
8 her support and lifting up why today's resolution
9 is so important.
10 And so I know a lot has been said
11 about Brother Malcolm on his birthday today -- a
12 lot of great things today. My sister's
13 birthday -- one of my sister's birthday is today.
14 But I'll just -- I'll leave my
15 comments because a lot has been said. Just to
16 lift up the fact that Malcolm X was not only an
17 incredible civil and human rights leader, he was
18 a father. He was a husband. Dr. Betty Shabazz,
19 who also I know Senator Parker likes to make the
20 connection, Dr. Betty Shabazz was also a member
21 of Delta Sigma Theta Sorority, Inc. We actually
22 have a Betty Shabazz Academy that lifts up young
23 girls to get them connected to leadership.
24 And so their partnership, their
25 union, was most certainly divine, pun definitely
4854
1 intended. But most certainly lifts up the great
2 work that both Malcolm and Dr. Betty Shabazz did
3 to advance, and their legacies continue to move
4 us forward.
5 It is my hope that upon us
6 remembering him on his 101st birthday today, that
7 we as a chamber continue to not only encourage
8 our communities to take the time to understand
9 each other, especially those leaders that have
10 left an indelible print on our communities not
11 just here in New York, not just in our country,
12 but most certainly internationally.
13 Because Malcolm believed that the
14 struggle of black Americans was inseparable from
15 the global fight for a very important thing, and
16 that is human dignity. And he dedicated his life
17 to building a more just and hopeful world.
18 And so whether we see his name on
19 landmarks, books, movies, street signs, may it
20 just remind us of the work that we all need to do
21 to work towards creating a world that we know we
22 all deserve.
23 And I'll end my remarks with this,
24 this quote from Malcolm X. And he says: "We
25 need more light about each other. Light creates
4855
1 understanding. Understanding creates love. Love
2 creates patience. And patience creates unity."
3 Mr. President, I proudly vote aye on
4 this resolution and I want to thank
5 Senator Cleare for her advocacy.
6 Happy birthday, Malcolm X, and
7 continued support to his family.
8 Thank you, Mr. President.
9 ACTING PRESIDENT BAILEY: Senator
10 Webb to be recorded in the affirmative.
11 The question is on the resolution.
12 All those in favor please signify by saying aye.
13 (Response of "Aye.")
14 ACTING PRESIDENT BAILEY: Opposed,
15 nay.
16 (No response.)
17 ACTING PRESIDENT BAILEY: The
18 resolution is adopted.
19 Senator Gianaris.
20 SENATOR GIANARIS: And now let's
21 take up Resolution 2104, by Senator Cooney,
22 read that resolution's title and call on
23 Senator Cooney, please.
24 ACTING PRESIDENT BAILEY: The
25 Secretary will read.
4856
1 THE SECRETARY: Resolution 2104, by
2 Senator Cooney, memorializing Governor Kathy
3 Hochul to proclaim June 2026 as Alzheimer's and
4 Brain Awareness Month in the State of New York.
5 ACTING PRESIDENT BAILEY: Senator
6 Cooney on the resolution.
7 SENATOR COONEY: Thank you,
8 Mr. President.
9 When I was 30 years old and
10 finishing law school right here in Albany, my
11 mother was diagnosed with frontotemporal
12 dementia, a form of dementia which, like many,
13 helps a person change, where they start losing
14 their memory, their ability to be an independent
15 thinker, and of course the most painful moment of
16 my life when my mother forgot my name.
17 This coming month of June is an
18 opportunity for us to remember that it is
19 Alzheimer's and Brain Awareness Month. And over
20 400,000 New Yorkers, Mr. President, live with
21 Alzheimer's or a form or dementia here in
22 New York. And of course this number is expected
23 to increase in the coming years.
24 That's why I was so proud to work
25 across the aisle with my friend Senator Rolison
4857
1 to officially recognize this month in New York
2 State.
3 Alzheimer's and Brain Awareness
4 Month is about providing support to those already
5 suffering from the disease. And like so
6 many in New York, we have an opportunity to stand
7 up for those who are suffering from this disease
8 but also caretaking for others with this disease.
9 And to spread awareness for the need for
10 continued research in institutions like my own
11 University of Rochester.
12 We must find a cure. This disease
13 is worthy of us spending resources to find that
14 cure and to change lives for future generations
15 of New Yorkers.
16 Mr. President, I vote aye.
17 ACTING PRESIDENT BAILEY: Senator
18 Cooney to be recorded in the affirmative.
19 Senator Rolison on the resolution.
20 SENATOR ROLISON: Thank you,
21 Mr. President.
22 And to my friend and colleague
23 Senator Cooney, thank you for giving me this
24 opportunity to share this message with all of us
25 here in this chamber and to all the individuals
4858
1 who are living with this disease, and the
2 caregivers.
3 My personal journey started in 1981,
4 when my mom's mom, my Nana, came to live with us.
5 And because she had been found -- she lived in
6 Morristown, New Jersey. First she had bought a
7 car that we didn't know about, and then -- she
8 didn't need one, but she bought one. And then
9 the Danville, New Jersey, police called my mother
10 one day and said, "Your mother was driving here
11 in Danville and she didn't know where she was
12 going." And that was how it started.
13 At the time, I was a brand-new cop.
14 I was 22 years old. And she came and she lived
15 with us. And you could tell something was
16 different with my Nana. And -- but we didn't
17 know. Or my mom didn't talk about it if she knew
18 I knew. I certainly didn't.
19 And so eventually she got ill and
20 she passed at one of the hospitals in
21 Poughkeepsie. And it was after that we started
22 to maybe understand a little bit something was
23 going on with her.
24 And then fast forward many years
25 here now to today. And last week our -- my
4859
1 friend Cheri Davies was here to receive the
2 Frank Carlino Award for being an advocate for the
3 early onset of dementia.
4 And then two years ago,
5 Mr. President, when Senator Cooney had introduced
6 this resolution and I was able to speak on it,
7 Chris and Cheri were both here.
8 And as I had said last week, Chris
9 is not here because so many things have changed
10 for Christopher literally in the past four or six
11 months.
12 And so when you look at the
13 statistics of the individuals who are living with
14 Alzheimer's: 7.4 million people living with
15 Alzheimer's disease and dementia and
16 brain-related challenges in 2026 -- 427,000 of
17 those individuals right here in this state. And
18 the majority of them -- excuse me, 427,000 are
19 over the age of 65 in New York State.
20 Christopher is 57. And so we're
21 seeing also too, Mr. President, more individuals
22 actually being recognized with early onset.
23 And Cheri actually said last week
24 when she was receiving the award from the
25 Alzheimer's Association that Christopher probably
4860
1 had the early signs that she didn't recognize
2 when he was in his 40s, not too long after he and
3 I were working together.
4 So, Mr. President, I'll end with
5 this. Again, Senator Cooney, thank you for
6 bringing this to the floor. And you had talked
7 about the caregivers -- 776,000 caregivers
8 providing 1.3 billion hours of unpaid care. And
9 61.2 percent actually live with chronic illnesses
10 themselves. And 20 percent of those caregivers
11 are living with depression.
12 We need to give the caregivers the
13 support so they can give the care to their loved
14 ones. Because behind all of these numbers and
15 all these statistics are people. Family members,
16 relatives and neighbors who are doing the very
17 best that they can for their loved ones and their
18 friends and their neighbors, and we need to
19 support them.
20 And today we are actually honoring
21 them, Mr. President, and I proudly vote aye on
22 this resolution.
23 Thank you.
24 ACTING PRESIDENT BAILEY: Senator
25 Rolison to be recorded in the affirmative.
4861
1 Senator Martins on the resolution.
2 SENATOR MARTINS: Thank you,
3 Mr. President.
4 You know, I rise to support the
5 resolution. I want to thank the sponsors.
6 Alzheimer's, Mr. President, is
7 curable. The leaps and bounds in terms of
8 medical breakthroughs over the course of the last
9 half a dozen to 10 years alone show us that
10 there's a path forward for us finding a cure and
11 providing relief to 7.4 million people and their
12 loved ones and families and communities that love
13 them.
14 There probably is no more insidious
15 disease that afflicts our constituents here in
16 New York than someone forgetting who they are,
17 forgetting their loved ones, forgetting their
18 environment, and losing themselves within
19 themselves in this way.
20 And so, one, I want to thank the
21 sponsors again for the resolution. I am -- I
22 recall a colleague of ours who was here with us
23 some years ago, Senator Fuschillo, who for the
24 last 12 years has been president of the
25 Alzheimer's Foundation of America and has been
4862
1 doing remarkable work in terms of promoting and
2 sponsoring and paying for research.
3 But maybe, just maybe when we start
4 thinking about those things that we do,
5 especially during the budget cycle, that this can
6 be a priority that we set for New York State.
7 That maybe the gift that New York can give the
8 world is investing significantly in research to
9 find a cure for Alzheimer's.
10 Because by all indications,
11 Mr. President, they're right there. The research
12 is taking place all across the country, all
13 across the world, in research centers. But
14 unfortunately, so much of that research and so
15 much of that cutting-edge research isn't taking
16 place here, but is taking place elsewhere.
17 And with the resources that this
18 state has, with the research facilities that we
19 have, the access to knowledge, the university
20 systems that we have here in this state, perhaps
21 this is our opportunity, our moon shot, our
22 opportunity to provide a gift to the world and
23 finally find a cure for this insidious disease --
24 perhaps a challenge to all of us.
25 Mr. President, I vote aye.
4863
1 ACTING PRESIDENT BAILEY: Senator
2 Martins to be recorded in the affirmative.
3 The question is on the resolution.
4 All those in favor please signify --
5 Senator Gounardes on the resolution.
6 SENATOR GOUNARDES: Thank you,
7 Mr. President.
8 You know, they call Alzheimer's the
9 long goodbye. And that's not because of the
10 patient who is slowly drifting away. It's the
11 long goodbye for the caregivers and the family
12 members who have to see their loved one slowly
13 lose who they are.
14 And you say goodbye to them over a
15 very long period of time. It could be months, it
16 could be years. You see them slip away, and
17 sometimes the patient doesn't even know. But you
18 know it because you see that change in them, that
19 degradation in them over the years.
20 My grandfather passed away from
21 Alzheimer's when I was three years old. And when
22 I was a child -- when I was a baby and I was
23 brought home by my parents from the hospital, he
24 had already lost the ability to recognize and say
25 people's names. He didn't know who his daughter
4864
1 was, who his wife was. He could barely speak.
2 But when my mother brought me to
3 him, he somehow managed to know that I was the
4 baby of the house. He said {Greek phrase} in
5 Greek, which means "he's of the household."
6 And it's remarkable, because we
7 don't even know exactly why people suffer this
8 terrible, terrible fate and this terrible
9 disease, and we can't understand why these
10 faculties go in the order they go in. But
11 somehow, through some miracle, he knew that I was
12 the baby of the house.
13 And, you know, I remember, you know,
14 the few memories I have when I was three years
15 old, I still remember him in his bed. And I
16 remember the care that my mother had to give him,
17 my grandmother had to give him, and the toll it
18 took. You know, Senator Rolison talked about the
19 caregivers -- the toll it took on my family and
20 on so many other families while they are saying
21 that very long and very painful goodbye.
22 And I think Senator Martins is
23 right, we could do a lot more across the board
24 for all of us -- more awareness, more support,
25 more funding, more research, more understanding,
4865
1 more talking about this. You know, not just for
2 the 400,000 New Yorkers, not just for the
3 7.8 million Americans, for the 50-plus million
4 people around the world whose loved ones are
5 slowly saying the long goodbye to them.
6 I want to thank Senator Cooney,
7 Senator Rolison, and I vote in the affirmative.
8 Thank you.
9 ACTING PRESIDENT BAILEY: Senator
10 Gounardes to be recorded in the affirmative.
11 Senator Cleare to explain her vote.
12 SENATOR CLEARE: It seems like I'm
13 saying a lot today, Mr. President.
14 But I do have to say a few words
15 about Alzheimer's. As chair of the Aging
16 Committee, it's a subject that I run into a lot,
17 and we've talked about it in the committee many
18 times.
19 As we look to the research, we have
20 to look in different areas. I recently
21 participated in a panel where it was pointed out
22 that two-thirds of the people with Alzheimer's
23 are women, yet very little research has been done
24 around that. And it was simply attributed to
25 women live longer. And it is only now, just now,
4866
1 that there's a taking into account of periods,
2 menopause, child bearing and just the function of
3 women in general throughout their lives and the
4 changes that their bodies go through --
5 physically, emotionally, and mentally.
6 So as we -- and I think we're
7 absolutely right, and Senator Cooney, thank you
8 for bringing this resolution up, because we do
9 have to increase awareness. I participate in a
10 walk every year in Central Park. Because we also
11 have to lift the stigma as well.
12 And when you look in communities
13 like mine, there's a big stigma attached to
14 Alzheimer's. People don't talk about it. People
15 are ashamed of it, embarrassed by it.
16 So we do have to speak about it. I
17 sit in the seat where my predecessor, who many of
18 you know I worked for, Bill Perkins, suffered
19 with Alzheimer's and ultimately passed away.
20 So I encourage us to continue beyond
21 today to talk about it, to encourage others who
22 are going through it. Caregivers, give them a
23 hug sometime. Give them a call sometime. And if
24 you can, sit with them and sit for them
25 sometimes, so they can get a break. Because it's
4867
1 a very hard and difficult thing, not just the
2 strenuousness of taking care of someone like
3 that, but as Senator Gianaris pointed out, it is
4 a long goodbye. And it's heartbreaking and it's
5 hurtful to those who watch their loved ones
6 suffer.
7 So thank you again, and I proudly
8 vote aye, Senator Cooney.
9 Thank you.
10 ACTING PRESIDENT BAILEY: Senator
11 Cleare to be recorded in the affirmative.
12 The question is on the resolution.
13 All those in favor please signify by saying aye.
14 (Response of "Aye.")
15 ACTING PRESIDENT BAILEY: Opposed,
16 nay.
17 (No response.)
18 ACTING PRESIDENT BAILEY: The
19 resolution is adopted.
20 Senator Gianaris.
21 SENATOR GIANARIS: Mr. President,
22 the sponsors of the resolutions we just took up
23 would like to open them for cosponsorship.
24 ACTING PRESIDENT BAILEY: The
25 resolutions are open for cosponsorship. Should
4868
1 you choose not to be a sponsor, please notify the
2 desk.
3 Senator Gianaris.
4 SENATOR GIANARIS: Mr. President,
5 there's going to be a conference of the
6 Majority Conference immediately following
7 session.
8 And please call on Senator Lanza for
9 an announcement for the Minority Conference.
10 ACTING PRESIDENT BAILEY: The
11 Majority Conference will be conferencing
12 immediately after session.
13 Senator Lanza.
14 SENATOR LANZA: Thank you,
15 Senator Gianaris.
16 Mr. President, there will be an
17 immediate meeting of the Republican Conference in
18 Room 315 of the Capitol Building.
19 ACTING PRESIDENT BAILEY: There
20 will be an immediate meeting of the
21 Republican Conference in Room 315 of the Capitol.
22 Senator Gianaris.
23 SENATOR GIANARIS: Is there any
24 further business at the desk?
25 ACTING PRESIDENT BAILEY: There is
4869
1 no further business at the desk.
2 SENATOR GIANARIS: I move to
3 adjourn until tomorrow, Wednesday, May 19th, at
4 2:00 p.m.
5 ACTING PRESIDENT BAILEY: On
6 motion, the Senate stands adjourned until
7 Wednesday, May 20th, at 2:00 p.m.
8 It's Game 1: Go New York,
9 Go New York, Go!
10 (Whereupon, at 6:10 p.m., the Senate
11 adjourned.)
12
13
14
15
16
17
18
19
20
21
22
23
24
25