Regular Session - January 4, 2023

                                                                   1

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   January 4, 2023

11                     12:32 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  LIEUTENANT GOVERNOR ANTONIO DELGADO, President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               2

 1                P R O C E E D I N G S

 2                 THE PRESIDENT:   The Senate will 

 3    come to order.  

 4                 I ask everyone present to please 

 5    rise and recite with me the Pledge of Allegiance.

 6                 (Whereupon, the assemblage recited 

 7    the Pledge of Allegiance to the Flag.)

 8                 THE PRESIDENT:   Today's invocation 

 9    will be delivered by the Reverend Archpriest 

10    Kiril Angelov, of St. Michael the Archangel 

11    Ukrainian Catholic Church in Yonkers.

12                 PASTOR ANGELOV:  I was going to say 

13    good morning, but it's already good afternoon.

14                 (Laughter.)

15                 PASTOR ANGELOV:   Dear Senator 

16    Stewart-Cousins and legislative members of the 

17    New York State Senate, thank you for inviting me 

18    here today, as you take your oath to represent 

19    20 million residents of New York State.  

20                 Creating just law is difficult at 

21    best, as it must serve the benefit of a given 

22    society.  Just ask Moses.  Those tablets were 

23    heavy, were heavy.

24                 We understand the weight of your 

25    responsibilities, which is why we not only vote 


                                                               3

 1    for you, we also pray for you.  In the Ukrainian 

 2    Catholic Church we petition God three specific 

 3    times during our services.  

 4                 This petition -- "For our nation 

 5    under God, for our government, and for all the 

 6    military" -- is in between a petition for peace 

 7    throughout the world and a petition for the city 

 8    in which we live.  

 9                 This position speaks to the 

10    government's role in providing peace and justice 

11    in our communities.  When these are in order, 

12    greater peace becomes possible.  

13                 For years, one of our -- I'm going 

14    to say youngest bishops in the Ukrainian Catholic 

15    Church, Stepan Sus, ministered to the young men 

16    and women of the armed forces of Ukraine, many -- 

17    many -- with no spiritual upbringing.  He taught 

18    these young recruits how to pray.  

19                 And recently Bishop Stepan asked a 

20    Ukrainian general, who was once himself one of 

21    those young recruits, he asked him:  "Do you 

22    still pray?"  "Yes," the general replied.  "What 

23    do you pray for?" asked the bishop, knowing he 

24    could pray for anything.  The Ukrainian general 

25    replied:  "Every day I pray to God for one thing, 


                                                               4

 1    the wisdom to make the right decisions."  

 2                 And when the weight of your 

 3    responsibilities bears down -- and it will -- 

 4    remember we pray for you each single day.

 5                 Now, for the finish of my 

 6    invocation, and for you to start the brand-new 

 7    year, we'll pray a short prayer of the famous 

 8    St. Francis of Assisi.

 9                 "Lord, make me an instrument of your 

10    peace.  Where there is hatred, let me sow love; 

11    where there is injury, pardon; where there is 

12    doubt, faith; where there is despair, hope; where 

13    there is darkness, light; and where there is 

14    sadness, joy.

15                 O Divine Master, grant that I may 

16    not so much seek to be consoled as to console, to 

17    be understood as to understand, to be loved as to 

18    love.  For it is in giving that we receive; it is 

19    in pardoning that we are pardoned; and it is in 

20    dying that we are born to eternal life.  

21                 Amen.  

22                 (Response of "Amen.") 

23                 THE PRESIDENT:   The chair now hands 

24    down a message from the State Board of Elections, 

25    being the duly official certification of the 


                                                               5

 1    members of the Senate, and directs the same be 

 2    filed.  So handed down and so ordered.

 3                 I now ask all Senators present to 

 4    please rise at this time to take the ceremonial 

 5    oath of office.  

 6                 Please raise your right hands and 

 7    repeat after me:  I do solemnly swear --

 8                 ALL SENATORS:   I do solemnly 

 9    swear --

10                 THE PRESIDENT:   -- that I will 

11    support the Constitution of the United States.

12                 ALL SENATORS:   -- that I will 

13    support the Constitution of the United States -- 

14                 THE PRESIDENT:   -- and the 

15    Constitution of the State of New York -- 

16                 ALL SENATORS:   -- and the 

17    Constitution of the State of New York -- 

18                 THE PRESIDENT:   -- and that I will 

19    faithfully discharge the duties --

20                 ALL SENATORS:   -- and that I will 

21    faithfully discharge the duties -- 

22                 THE PRESIDENT:   -- of the office of 

23    Senator --

24                 ALL SENATORS:   -- of the office of 

25    Senator -- 


                                                               6

 1                 THE PRESIDENT:   -- according to the 

 2    best of my ability --

 3                 ALL SENATORS:   -- according to the 

 4    best of my ability --

 5                 THE PRESIDENT:   So help me God.

 6                 ALL SENATORS:   -- so help me God.

 7                 THE PRESIDENT:   Congratulations on 

 8    your election to the Senate.

 9                 (Applause.)

10                 THE PRESIDENT:   The Secretary shall 

11    read the names of the members present to 

12    ascertain that a quorum exists.  

13                 THE SECRETARY:   Senator Addabbo.

14                 SENATOR ADDABBO:   Here.

15                 THE SECRETARY:   Senator Ashby.

16                 SENATOR ASHBY:   Here.

17                 THE SECRETARY:   Senator Bailey.  

18                 SENATOR BAILEY:   Present.

19                 THE SECRETARY:   Senator Borrello.

20                 SENATOR BORRELLO:   Here.

21                 THE SECRETARY:   Senator Breslin.

22                 (No response.)

23                 THE SECRETARY:   Senator Brisport.

24                 SENATOR BRISPORT:   Here.

25                 THE SECRETARY:   Senator Brouk.


                                                               7

 1                 SENATOR BROUK:   Here.

 2                 THE SECRETARY:   Senator 

 3    Canzoneri-Fitzpatrick.

 4                 SENATOR CANZONERI-FITZPATRICK:   

 5    Here.

 6                 THE SECRETARY:   Senator Chu.

 7                 SENATOR CHU:   Here.

 8                 THE SECRETARY:   Senator Cleare.

 9                 SENATOR CLEARE:   Here.

10                 THE SECRETARY:   Senator Comrie.

11                 SENATOR COMRIE:   Here.

12                 THE SECRETARY:   Senator Cooney.

13                 SENATOR COONEY:   Present.

14                 THE SECRETARY:   Senator Felder.

15                 (No response.)

16                 THE SECRETARY:   Senator Fernandez.

17                 SENATOR FERNANDEZ:   Present.

18                 THE SECRETARY:   Senator Gallivan.

19                 SENATOR GALLIVAN:   Here.   

20                 THE SECRETARY:   Senator Gianaris.

21                 SENATOR GIANARIS:   Here.

22                 THE SECRETARY:   Senator Gonzalez.

23                 SENATOR GONZALEZ:   Here.

24                 THE SECRETARY:   Senator Gounardes.

25                 SENATOR GOUNARDES:   Present.


                                                               8

 1                 THE SECRETARY:   Senator Griffo.

 2                 SENATOR GRIFFO:   Here.

 3                 THE SECRETARY:   Senator Harckham.

 4                 SENATOR HARCKHAM:   Here.

 5                 THE SECRETARY:   Senator Helming.

 6                 SENATOR HELMING:   Here.

 7                 THE SECRETARY:   Senator Hinchey.

 8                 SENATOR HINCHEY:   Present.

 9                 THE SECRETARY:   Senator Hoylman.

10                 SENATOR HOYLMAN:   Here.

11                 THE SECRETARY:   Senator Jackson.

12                 SENATOR JACKSON:   Here.

13                 THE SECRETARY:   Senator Kavanagh.

14                 (No response.)

15                 THE SECRETARY:   Senator Kennedy.

16                 SENATOR KENNEDY:   Here.

17                 THE SECRETARY:   Senator Krueger.

18                 SENATOR KRUEGER:   Here.

19                 THE SECRETARY:   Senator Lanza.

20                 SENATOR LANZA:   Here.

21                 THE SECRETARY:   Senator Liu.

22                 SENATOR LIU:   Here.

23                 THE SECRETARY:   Senator Mannion.

24                 SENATOR MANNION:   Here.

25                 THE SECRETARY:   Senator Martinez.


                                                               9

 1                 SENATOR MARTINEZ:   Here.

 2                 THE SECRETARY:   Senator Martins.

 3                 SENATOR MARTINS:   Here.

 4                 THE SECRETARY:   Senator Mattera.

 5                 SENATOR MATTERA:   Here.

 6                 THE SECRETARY:   Senator May.

 7                 SENATOR MAY:   Here.

 8                 THE SECRETARY:   Senator Mayer.

 9                 SENATOR MAYER:   Here.

10                 THE PRESIDENT:   A quorum is 

11    present, and the Senate may proceed.

12                 Good afternoon --

13                 (Response of "Good afternoon.")  

14                 THE PRESIDENT:   -- Majority Leader 

15    Senator Andrea Stewart-Cousins, to the 

16    Deputy Leader Mike Gianaris, Minority Leader 

17    Robert Ortt and the Deputy Minority Leader 

18    Andrew Lanza, and to the entire body here today.  

19                 As is tradition, as president of the 

20    Senate, it is my distinct honor to welcome you to 

21    the 2023 legislative session.

22                 Now, before I go any further, I must 

23    certainly take a moment to acknowledge my amazing 

24    partner in the room, the Second Lady of New York, 

25    Lacey Schwartz Delgado.


                                                               10

 1                 (Applause.)

 2                 THE PRESIDENT:   I also want to, in 

 3    that same vein, acknowledge all of the spouses, 

 4    the partners and the families, the children, in 

 5    this space that are so supportive as we serve in 

 6    these critically important roles.  

 7                 We know, and I certainly know, the 

 8    strain that this lifestyle can bring upon a 

 9    family and the amount of love and support that is 

10    required for each and every one of us in this 

11    room to do the job to the very best of our 

12    abilities.  So thank you all of you in this room 

13    today.

14                 I cannot express enough how thankful 

15    and how honored I am -- and excited -- to work 

16    with each of you to deliver results for all the 

17    folks that we represent across this state.

18                 Now, during my time in Congress I 

19    made it a point to do everything I could to try 

20    to find common ground.  And I see some familiar 

21    faces in this room, on both sides of the aisle, 

22    that I was able to work with and build together 

23    and get things done.  That's the spirit that I 

24    hope to continue to bring to bear and I hope that 

25    we all in this body are committed to and 


                                                               11

 1    dedicated to.  

 2                 At the end of the day, I believe 

 3    each and every single one of us in this room 

 4    cares and wants to deliver results for the people 

 5    that we represent, and it is incumbent on all of 

 6    us to do all that we can to cooperate for the 

 7    people that we represent.  I think New Yorkers 

 8    expect that, and that expectation should be 

 9    fulfilled.  It is certainly a top priority of 

10    mine, and I believe for all of you, to listen, to 

11    advocate, and to deliver for the communities that 

12    you represent.

13                 I, along with Governor Hochul, share 

14    that same sentiment, and we are eagerly, eagerly 

15    looking forward to partnering with you to deliver 

16    these results.

17                 And I'll just say it is mighty, 

18    mighty good to be in each and every one of your 

19    company as public servants.  Public servants.  I 

20    thank you again for your dedication, for your 

21    commitment, and for your willingness to serve, to 

22    serve.

23                 And with that, I call on 

24    Senator Gianaris.

25                 SENATOR GIANARIS:   Thank you, 


                                                               12

 1    Mr. President.  Welcome to our chamber.  Happy 

 2    New Year to you and to all our colleagues.

 3                 And as we begin the 2023 session, I 

 4    ask that you call on Senator Ortt for remarks.

 5                 THE PRESIDENT:   Senator Ortt.

 6                 SENATOR ORTT:   Thank you very much, 

 7    Mr. President, Mr. Lieutenant Governor.  I want 

 8    to welcome my colleagues back here to Albany.  I 

 9    want to wish all of you a Happy New Year.

10                 It is great -- this is a great day, 

11    even when you've been here for several terms, 

12    this is a day that is a special day, it's a fun 

13    day.  

14                 I first of all want to thank my 

15    members of the Republican Conference for their 

16    support in me and belief in me to lead our 

17    conference.  Next to leading people in combat, 

18    getting selected by your colleagues and your 

19    peers to lead them and be able to speak for them 

20    is a -- it's an awesome responsibility and one 

21    that I do not take very lightly.  So I want to 

22    thank you for your support and your belief in me.  

23                 I certainly want to thank my 

24    colleagues for working alongside us.  I want to 

25    thank Majority Leader Stewart-Cousins for our 


                                                               13

 1    relationship that we've built over the past 

 2    several years.  Senator Gianaris, I want to thank 

 3    him for his leadership on the floor and also 

 4    dealing with Senator Lanza, which is not an easy 

 5    task but --

 6                 (Laughter.)  

 7                 SENATOR ORTT:   And I think there's 

 8    also -- just as a reminder, see, Republicans can 

 9    elect a leader on the first ballot.  So that's, 

10    you know -- 

11                 (Laughter; applause.)

12                 SENATOR ORTT:   For those who don't 

13    know that are here in the gallery as families, I 

14    was reminded today -- my wife is here, and I was 

15    reminded -- I want to thank her for her support 

16    and for being here.  But I was reminded our 

17    families often come into these chambers, this 

18    building, and they see it through a different 

19    lens than we do.  

20                 This is the office for a lot of us.  

21    Right?  And there's days where it very much feels 

22    like going to the office.  And we can lose sight 

23    of how blessed and lucky we are to be able to 

24    come here and do the people's business, but also 

25    that we have expectations to live up to.  


                                                               14

 1                 The family members and the visitors 

 2    who are here, they know and believe that what we 

 3    do is important.  That's why they supported us on 

 4    the campaign trail.  That's why they're here 

 5    today.  And it's up to us to live up to those 

 6    expectations as elected leaders.  And it's up to 

 7    us to be worthy of their votes, of their support, 

 8    and of being in these hallowed chambers.

 9                 For those who don't know, I'm from 

10    the Western New York area.  I represent 

11    Niagara County, Orleans County, and parts of 

12    Monroe County.  And over the past -- when we 

13    weren't here, the past several weeks and months, 

14    I was reminded, as I think a lot of us were -- 

15    most certainly my colleagues from Western 

16    New York:  Senator Gallivan, Senator Kennedy, 

17    Senator Ryan, Senator Borrello -- we were 

18    reminded of the importance of what we do here and 

19    what is expected.  

20                 You know, we have a lot of debates 

21    here in this chamber.  We have debates on social 

22    media.  Some of it's entertainment to some 

23    degree, some of it's very important.  It ranges 

24    on the issues.  But the truth is what we do has 

25    very real life-and-death consequences.


                                                               15

 1                 There was a major snowstorm, a 

 2    blizzard that hit Western New York, the City of 

 3    Buffalo and surrounding area.  And in spite of 

 4    living there my whole life, I have never seen a 

 5    storm of this magnitude in my lifetime.  And in 

 6    spite of our elected leaders -- not casting 

 7    blame, but in spite of elected leaders who have 

 8    also lived there their whole life, we weren't as 

 9    maybe prepared as we could or should have been.  

10    And that's a collective "we."

11                 Residents made decisions that maybe 

12    cost people or them their lives.  First 

13    responders were out there in unbelievable 

14    conditions.  Nurses and healthcare professionals 

15    worked days on end -- during Christmas Eve, 

16    Christmas.  And it was a stark reminder about the 

17    importance that we have here, the important role, 

18    and the level that we should bring to these jobs.

19                 There are people out there who are 

20    depending on us to bring a level of seriousness 

21    to our debates, to these discussions.  First 

22    responders, healthcare workers, regular folks, 

23    they expect government to work in those critical 

24    moments.  They don't want to hear there's a 

25    blizzard.  They expect us to be ready for that.


                                                               16

 1                 And so -- and I know the Erie County 

 2    executive, the mayor of Buffalo, Niagara County 

 3    political leadership, everybody was working very 

 4    hard.  And it was very hard.  But it's just a 

 5    reminder of the consequences, sometimes, and the 

 6    seriousness and importance of the work that we 

 7    do.

 8                 And then just two nights ago I was 

 9    watching the Buffalo Bills football game, as a 

10    significant Bills fan -- but I'm sure a lot of 

11    you were watching it, because it was a nationally 

12    televised game.  And we saw a young man, Damar 

13    Hamlin, fight for his life on a football field, 

14    almost lose his life on a football field.  

15                 And there's a lot of, you know, 

16    certainly discussions and a lot of emotions that 

17    come with that, certainly, that we all have, and 

18    that's good.  But what struck me was they started 

19    to talk about -- you hear a lot of folks talk 

20    about very often we see these people only as 

21    football players.  They play for the Bills, they 

22    play for the Patriots, they play for the Giants, 

23    the Jets.  We forget that it's somebody's son, 

24    it's somebody's brother, a husband, a friend.  

25    It's a human being in those jerseys.


                                                               17

 1                 And the families that are here today 

 2    made me think that the same can be sometimes true 

 3    in politics.  Sometimes we see each other only as 

 4    Democrats or Republicans, as elected officials, 

 5    and we forget -- and today is a good reminder -- 

 6    that everybody here is a son, a brother, a wife, 

 7    a husband, a sister, a daughter, a friend.  

 8                 And we should -- if we can look at a 

 9    football player, and we should, as a human 

10    being -- there's plenty of football players.  

11    There's only one Damar Hamlin.  And there's 

12    plenty of elected officials out there, but 

13    there's only one of each and every one of you.  

14                 And so hopefully maybe we can bring 

15    that spirit to this body, even in periods of hot 

16    debate, to remember that each of us come here 

17    with the best of intentions, supported by our 

18    loved ones, as human beings.

19                 I'll just close by saying our 

20    members in the Republican Conference are 

21    obviously, as everyone here knows, the Minority 

22    Conference.  But that does not mean that we 

23    simply are here to oppose anything that comes out 

24    of the Majority.  We are here to do the job that 

25    we were elected to do by our constituents -- 


                                                               18

 1    millions of New Yorkers, when you add it up.  And 

 2    they expect us to do the job that we were elected 

 3    to do, to represent their values, to represent 

 4    their issues, to represent them here.

 5                 And sometimes that means working 

 6    together, bipartisanship.  Not for the sake of 

 7    anyone in this room, but for the sake of the 

 8    people in this state.  Sometimes that will mean 

 9    voicing opposition.  And that's important in a 

10    democracy.  It is important that the values of 

11    our constituents are heard.  Because we have 

12    eight new members, eight new folks here in our 

13    conference that I do want to mention very 

14    briefly:  Senator Patricia Canzoneri-Fitzpatrick, 

15    we have Senator Steven Rhoads, Senator Jack 

16    Martins, Senator Mark Walczyk, Senator Rob 

17    Rolison, and Senator Bill Weber.

18                 These folks are new; they're ready 

19    to go.  And I know you all have some new folks 

20    who are raring to go as well.  And they should 

21    be.  And sometimes those new individuals -- oh, 

22    and Senator Jake Ashby.  I knew I'd forget 

23    somebody.  Senator Jake Ashby.

24                 (Several voices:  "One more.")  

25                 SENATOR ORTT:   Senator Dean Murray.  


                                                               19

 1                 (Laughter.)

 2                 SENATOR ORTT:   I only counted to 

 3    six.

 4                 (Laughter; inaudible comments.) 

 5                 SENATOR ORTT:   But each -- yeah.  I 

 6    don't know if you want Murray, I don't know.  You 

 7    know.  

 8                 (Laughter.)

 9                 SENATOR ORTT:   We're happy to have 

10    Murray.  I don't know if you -- if he would fit 

11    in over there.

12                 But -- but we're happy to have these 

13    eight new members.  All of them bring something 

14    very unique and special to this body, not just 

15    our conference.  And we are prepared to get to 

16    work, both in a bipartisan way and obviously, at 

17    times, in an opposition voice.  But let that 

18    voice again never rise to the level of open 

19    hostility.  

20                 And I certainly welcome the 

21    opportunity to once again work alongside 

22    Senator Stewart-Cousins, Senator Gianaris and 

23    your entire conference, my colleagues from 

24    Western New York.  

25                 And I would just close -- if we 


                                                               20

 1    could do a moment of silence, Mr. Lieutenant 

 2    Governor, for Damar Hamlin for just a brief 

 3    moment.

 4                 (Members rose and observed a moment 

 5    of silence.)  

 6                 SENATOR ORTT:   Thank you, 

 7    Mr. President.

 8                 THE PRESIDENT:   Thank you, Senator 

 9    Ortt.

10                 Senator Gianaris.

11                 SENATOR GIANARIS:   Thank you, 

12    Mr. President.  

13                 Let me congratulate Senator Ortt on 

14    uniting his Republican caucus on the first vote.  

15    Our House of Representatives is currently in the 

16    midst of its fourth vote, and suffice to say 

17    there's going to be a fifth because the numbers 

18    are still not there as we stand in our chamber.

19                 Mr. President, I have a resolution 

20    at the desk.  I ask that the resolution be read 

21    and move for its immediate adoption.  

22                 THE PRESIDENT:   The Secretary will 

23    read.

24                 THE SECRETARY:   Senate Resolution 

25    Number 1, by Senator Gianaris, providing for the 


                                                               21

 1    election of Andrea Stewart-Cousins as Temporary 

 2    President of the Senate for the years 2023-2024.

 3                 THE PRESIDENT:   Senator Gianaris.

 4                 SENATOR GIANARIS:   Thank you, 

 5    Mr. President.

 6                 I wanted to take this opportunity -- 

 7    well, first of all, I should say that this 

 8    resolution is to nominate Andrea Stewart-Cousins 

 9    to continue as our Temporary President and 

10    Majority Leader of the State Senate.  It has been 

11    a privilege to give this nominating speech in the 

12    past and to do so once again today.  

13                 And I want to give our members -- 

14    some of us have been here quite some time; some 

15    are brand-new.  But I want to give everyone a 

16    sense of the history that we are living here in 

17    the State Senate.  

18                 This is an esteemed body.  It's been 

19    around a couple of hundred years.  And yet we are 

20    in this body at a time of unprecedented 

21    achievement and change.  And that all comes down 

22    to the woman who has served as our leader for the 

23    last four years and I will nominate to continue 

24    for another two.  

25                 And let me give you some context to 


                                                               22

 1    all of that.  It was a little over 10 years ago 

 2    Andrea Stewart-Cousins became the first-ever 

 3    leader of a conference when we were in the 

 4    Minority.  You can imagine, in the State of 

 5    New York, there has never been a female leader of 

 6    a conference -- Assembly or Senate, between by 

 7    the way -- until Andrea Stewart-Cousins became 

 8    the Democratic leader in 2013 -- 2012, I guess it 

 9    was.  The end of 2012.

10                 Four years ago she became the first 

11    ever woman to lead a legislative body in New York 

12    State history when we took the majority in 2019.

13                 Two years ago -- we'll take it out 

14    of just the gender achievements, but two years 

15    ago she became the first leader ever to lead a 

16    supermajority in the State Senate in New York's 

17    history.

18                 And after the vote today she will be 

19    the first-ever leader to preside over the 

20    reelection of a supermajority in State Senate 

21    history in New York.  That is quite something.  

22    That has never happened in the couple of 

23    centuries of the existence of this body.

24                 And lest you think these 

25    achievements are just breaking the ceilings that 


                                                               23

 1    she's broken, there are real consequences for the 

 2    people of this states, real benefits for the 

 3    people of this state that we have enacted in 

 4    those four years.

 5                 Just to name the highlights -- and 

 6    this may take a little bit, because there are so 

 7    many.  At this critical moment in history, in 

 8    this critical moment in the national discourse, 

 9    New York has stood strong and said women in 

10    New York will always have the rights that we've 

11    come to expect over the last several decades when 

12    we codified Roe versus Wade in New York State.  

13    We're in the process of enshrining it in the 

14    Constitution.  

15                 We have passed gun laws to protect 

16    the people in this state from the violence that 

17    has plagued our nation.  We have enacted voting 

18    reforms, including automatic voter registration 

19    and Senator Myrie's John Lewis Voting Rights Act 

20    here in New York.  

21                 We've passed GENDA.  We banned 

22    conversion therapy.  We abolished the "gay and 

23    trans panic defense."  We repealed the Walking 

24    While Trans crimes.  We enacted the Child Victims 

25    Act, and we followed it up by enacting the 


                                                               24

 1    Adult Victims Act.  We enacted the DREAM Act.  We 

 2    improved the ethics in this state.  We enacted 

 3    the Green Light Law.  We combated wage 

 4    discrimination.  We expanded the Equal Rights 

 5    Amendment.  We protected farmworkers.  We 

 6    protected tenants more so than they've ever been 

 7    protected in state history.  

 8                 Criminal justice reforms.  We 

 9    legalized marijuana.  We prevented wage theft.  

10    We combated domestic violence and human 

11    trafficking under the leadership of this amazing 

12    woman to my right.  

13                 Think I'm done?  I'm not done.  

14                 (Laughter.)

15                 SENATOR GIANARIS:   Let's talk about 

16    how the resources of this state are allocated.  

17    We have fully funded Foundation Aid to provide a 

18    good education for our children.  We have taken 

19    steps to provide universal childcare in this 

20    state.  Pre-K statewide we are moving towards.  

21    Record funding for SUNY and CUNY and our 

22    institutions of higher education.  Working on 

23    even more for the MTA, but we enacted significant 

24    funding to help the MTA's capital plan to be 

25    enacted.  And of course we have record funding 


                                                               25

 1    for the environment, including through the Bond 

 2    Act that we have advanced.

 3                 There's a lot more, but I'm not here 

 4    to make a speech about all that she has done.  

 5    She's going to tell us about her vision for this 

 6    state in her remarks to our body.  

 7                 But I can't tell you what an 

 8    incredible privilege it is for me.  And what I 

 9    want to impress upon everyone in this room, if I 

10    haven't already, is that we should just take a 

11    step back.  We fight our fights, we get into the 

12    politics day to day, we're so in the scrum that 

13    sometimes we lose sight of the bigger picture.  

14    Decades from now, centuries from now, people will 

15    look back and say the State Senate at this point 

16    was doing something that had never been done 

17    before, and we changed the trajectory of this 

18    state as a result.  And that is because of the 

19    leadership of Andrea Stewart-Cousins.

20                 One last point -- and then I will 

21    advance the nomination -- is that upon the 

22    conclusion of this term, there will be no 

23    Democrat in New York State history that will have 

24    served longer as leader of this body.  Man, 

25    woman, white, black, whatever you have, Andrea 


                                                               26

 1    Stewart-Cousins will be the longest-serving 

 2    Democrat to ever serve as leader of the State 

 3    Senate in New York history.

 4                 I move, my colleagues, that we let 

 5    her continue that job, let her continue leading 

 6    us the way she has, and let her continue making 

 7    history for all of us and for the people of this 

 8    state.  

 9                 Thank you, Mr. President.

10                 (Applause.)

11                 THE PRESIDENT:   The question is on 

12    the resolution offered by Senator Gianaris.  All 

13    those in favor signify by saying aye.

14                 (Response of "Aye.")

15                 THE PRESIDENT:   Opposed?  

16                 (No response.)

17                 THE PRESIDENT:   The ayes have it.  

18    The resolution is adopted.

19                 I now call on Senator Andrea 

20    Stewart-Cousins to come forward to be sworn in as 

21    Temporary President of the Senate by Judge Kathie 

22    Davidson.

23                 (Standing ovation, and 

24    Judge Davidson and Senator Stewart-Cousins move 

25    to the center of the chamber.) 


                                                               27

 1                 SENATOR STEWART-COUSINS:   I'm 

 2    joined by my family, my daughter -- is this on?  

 3    Yes.  So this is my daughter, Candice.  This is 

 4    Carter Bear.  Carter Bear is representing the 

 5    younger group.  My son Kevin; his wife, Kecia.  

 6    And my football player, from Howard University, 

 7    Kendall -- 

 8                 (Cheers; applause.)  

 9                 SENATOR ORTT:   And his younger 

10    brother, Kyle, who's the physical therapist who's 

11    going to help Kendall -- 

12                 (Laughter; applause.)

13                 SENATOR STEWART-COUSINS:   -- as he 

14    goes on.  Thank you.  Thank you.

15                 (Applause.)

16                 JUDGE DAVIDSON:   "I," state your 

17    name --

18                 SENATOR STEWART-COUSINS:   I, Andrea 

19    Stewart-Cousins --

20                 JUDGE DAVIDSON:   -- do solemnly 

21    swear --

22                 SENATOR STEWART-COUSINS:   -- do 

23    solemnly swear --

24                 JUDGE DAVIDSON:   -- to uphold the 

25    Constitution of the United States --


                                                               28

 1                 SENATOR STEWART-COUSINS:   -- to 

 2    uphold the Constitution of the United States --

 3                 JUDGE DAVIDSON:   -- and the 

 4    Constitution of the State of New York --

 5                 SENATOR STEWART-COUSINS:   -- and 

 6    the Constitution of the State of New York --

 7                 JUDGE DAVIDSON:   -- and to 

 8    faithfully discharge my duties --

 9                 SENATOR STEWART-COUSINS:   -- and to 

10    faithfully discharge my duties --

11                 JUDGE DAVIDSON:   -- as Temporary 

12    President --

13                 SENATOR STEWART-COUSINS:   -- as 

14    Temporary President --

15                 JUDGE DAVIDSON:   -- and Majority 

16    Leader --

17                 SENATOR STEWART-COUSINS:   -- and 

18    Majority Leader --

19                 JUDGE DAVIDSON:   -- of the State 

20    Senate --

21                 SENATOR STEWART-COUSINS:   -- of the 

22    State Senate --

23                 JUDGE DAVIDSON:   -- to the best of 

24    my ability --

25                 SENATOR STEWART-COUSINS:   -- to the 


                                                               29

 1    best of my ability --

 2                 JUDGE DAVIDSON:   -- so help me God.

 3                 SENATOR STEWART-COUSINS:   -- so 

 4    help me God.

 5                 JUDGE DAVIDSON:   Congratulations to 

 6    you.  

 7                 SENATOR STEWART-COUSINS:   Thank you 

 8    so much.  

 9                 (Extended standing ovation, and 

10    Senator Stewart-Cousins ascends the dais.) 

11                 THE PRESIDENT:   Congratulations, 

12    Majority Leader Stewart-Cousins.  

13                 SENATOR STEWART-COUSINS:   So thank 

14    you so much, Mr. President.  

15                 It has been a long time since we 

16    have been together in an opening ceremony.  I 

17    hope you are as excited about not only this day, 

18    but the prospects of our working here together 

19    for -- in a safe, healthy environment, for the 

20    entire term.  So welcome back to everyone.  So 

21    good to see you.

22                 And this is wonderful for us to kick 

23    off the new year and a new session with our new 

24    Lieutenant Governor, Antonio Delgado.  Give him a 

25    round.


                                                               30

 1                 (Applause.)

 2                 SENATOR STEWART-COUSINS:   Joined by 

 3    his wonderful partner, his wife, Lacey.  Good to 

 4    see you again.

 5                 (Applause.)

 6                 SENATOR STEWART-COUSINS:   We have 

 7    something in common.  They have twin boys; I have 

 8    twin grandsons.  So we already bonded over all of 

 9    that.

10                 But I want to thank you and 

11    congratulate you, and looking forward to working 

12    with you.

13                 And of course I want to congratulate 

14    the Governor, Governor Hochul, on her historic 

15    victory and inauguration as, again, the first 

16    woman to ever be elected as Governor in New York.

17                 (Applause.)

18                 SENATOR STEWART-COUSINS:   It's a 

19    remarkable note to start 2023 with.

20                 And of course, talking about 

21    remarkable women, I want give a special thanks to 

22    my friend, Judge Kathie Davidson.  She is the 

23    dean of the Judicial Institute.

24                 Thank you, Kathie, for swearing me 

25    in today.


                                                               31

 1                 (Applause.)

 2                 SENATOR STEWART-COUSINS:  

 3    Westchester in the house.  

 4                 And also from my home city, Yonkers, 

 5    my friend Reverend Kiril.  Thank you so much, 

 6    Father Kiril -- and it's Father Kiril Angelov --

 7                 (Applause.)

 8                 SENATOR STEWART-COUSINS:   -- for 

 9    your opening prayer and for reminding us that not 

10    only do you pray for us every day, but we pray, 

11    all of us, for wisdom.  

12                 And certainly we join you as you 

13    mark one year of this terrible war in Ukraine.  I 

14    wanted you here because it's important that we 

15    remember the tremendous struggle and sacrifice 

16    that ordinary people endured and continue to 

17    endure to protect these freedoms.  

18                 So I know all of us hope that the 

19    courage of the Ukrainian people continues, and 

20    certainly continues to remind us of the 

21    importance of our institutions and that none of 

22    this can be taken for granted.  

23                 Father Kiril, again, thank you.  You 

24    know, God bless Ukraine, God bless the people of 

25    Ukraine, God bless all of us in America.  But 


                                                               32

 1    also, Ukrainian Christmas is happening this -- 

 2    right, this -- on Sunday, so Merry Christmas as 

 3    well.  Thank you.  Thank you so much for being 

 4    here.  

 5                 (Applause.)

 6                 SENATOR STEWART-COUSINS:   We can 

 7    all use an extension of Christmas, right?  

 8                 And, you know, we talk about the 

 9    institution, so, you know, we talk about this 

10    chamber.  And part of what makes this institution 

11    so strong is our incredible members.  A special 

12    shout out to my outstanding supermajority.  Yay!  

13    That would be you.

14                 (Applause.)

15                 SENATOR STEWART-COUSINS:   And 

16    again, I want to welcome everybody, Senators, 

17    staff, to our chamber in this new session.  And 

18    also I want to give a special, special, you know, 

19    welcome to another person who is in this chamber 

20    who used to -- who used to serve with us, my 

21    county executive from Westchester -- I've got to 

22    go back to Westchester -- former Senator George 

23    Latimer, Westchester County.

24                 (Applause.)

25                 SENATOR STEWART-COUSINS:   Thank 


                                                               33

 1    you, George.  

 2                 And of course to my extraordinary 

 3    deputy, Senator Mike Gianaris.  Thank you -- 

 4                 (Applause.)

 5                 SENATOR STEWART-COUSINS:   Thank you 

 6    for your work on the floor.  You and Senator 

 7    Lanza manage to keep these things going, and I do 

 8    thank you.  

 9                 And I thank you, as you know, for 

10    the partnership that we've had and continue to 

11    have and will always have over these many, many 

12    years.  So much of the good things that happen, 

13    happen because of the work that you do as well.  

14                 So thank you so much, Senator 

15    Gianaris.

16                 (Applause.)

17                 SENATOR STEWART-COUSINS:   And so 

18    while many of you are familiar faces, I wanted 

19    to -- you know, we talked about history and 

20    context, so I wanted to welcome our newest, first 

21    all-woman class of Democratic Senators.  Have my 

22    ladies stand up.  

23                 Senator Monica Martinez.  

24                 (Applause.)

25                 SENATOR STEWART-COUSINS:   Senator 


                                                               34

 1    Iwen Chu.  

 2                 (Applause.)

 3                 SENATOR STEWART-COUSINS:   Senator 

 4    Jessica Scarcella-Spanton.  

 5                 (Applause.)

 6                 SENATOR STEWART-COUSINS:   Senator 

 7    Nathalia Fernandez.  

 8                 (Applause.)

 9                 SENATOR STEWART-COUSINS:   Senator 

10    Lea Webb.

11                 (Applause.)

12                 SENATOR STEWART-COUSINS:   Senator 

13    Kristen Gonzalez.  

14                 (Applause.)

15                 SENATOR STEWART-COUSINS:   We keep 

16    making history in this chamber.  And I said I 

17    know that we have welcomed I don't know how many 

18    all-male classes into the Senate and into the 

19    Assembly.  So this is a historic first -- not 

20    that great men didn't run and win, but on the 

21    Democratic side we have all -- you know, six 

22    brand-new all female Senators.  And so thank you 

23    for, again, keeping that history going.  

24                 And I know that Senator 

25    Scarcella-Spanton has a Senator in waiting -- 


                                                               35

 1                 (Laughter.)

 2                 SENATOR STEWART-COUSINS:   -- you 

 3    brought your daughter.  So thank you so much.

 4                 Each of them bring a unique and 

 5    diverse perspective to the conference, and I am 

 6    just excited to continue to work with them and, 

 7    again, all of you, you know, in making sure that 

 8    we continue with our history-making sessions.

 9                 I'm going to thank my colleagues 

10    across the aisle and welcome your new members as 

11    well.  Let me just -- you know, wave, so -- 

12    because you -- he just said your names, but --

13                 (Applause.)

14                 SENATOR STEWART-COUSINS:   -- some 

15    of you are returning.  Hi.  Hi.  Don't be shy.  

16                 You know, the last time we got sworn 

17    in, it was COVID, and so I didn't see anybody, I 

18    didn't know you.  And I felt like -- you know, 

19    I'd run into you in the elevator or hall and I 

20    wouldn't know that.  But again, hopefully we will 

21    all be able to gather together often, and I will 

22    get to know all of you as well.  

23                 And again special thanks to your 

24    leader, Senator Ortt.  It has --

25                 (Applause.)


                                                               36

 1                 SENATOR STEWART-COUSINS:   You know, 

 2    we have developed a relationship, basically 

 3    because I take your calls and you take mine and 

 4    we -- we always, you know, try -- I try not to 

 5    blindside folk, and I think that makes sense, in 

 6    order to make sure that we are doing what we have 

 7    to do on behalf. 

 8                 But thank you also for your remarks.  

 9    You know, we all grieve the loss of life in 

10    Western New York.  And, you know, again, when you 

11    were talking about the football player, I 

12    believe, you know, all of us realize how fragile 

13    life is and how important it is that we do the 

14    best we can every day -- but also remember that 

15    everybody doesn't -- you know, you just never 

16    know.

17                 So -- so thank you for, you know, 

18    the words.  And I think that it's a good way to 

19    start remembering not only the fragility but also 

20    our families.  And that's why I said I wanted to 

21    introduce every single one of mine, because, yes, 

22    they each have a special place, as all of you do.  

23    So thank you for being here.

24                 None of what we will embark upon 

25    could be possible, and I know all of us as 


                                                               37

 1    legislators know this, without the powerhouse of 

 2    our staffs.  And I want to just make sure 

 3    everybody knows my senior staff and their teams, 

 4    because they work so hard.  

 5                 So let me point out my counsel, 

 6    Eric Katz -- wave, Eric.

 7                 (Applause.)

 8                 SENATOR STEWART-COUSINS:   My 

 9    finance director, David Friedfel.  Where's Dave?  

10    Dave.

11                 (Applause.)

12                 SENATOR STEWART-COUSINS:   

13    Communication director Mike Murphy, the guy 

14    everybody blames --

15                 (Laughter; applause.) 

16                 SENATOR STEWART-COUSINS:   I know, 

17    hiding in the back.

18                 And our director of 

19    intergovernmental affairs, Loren Amor.  

20                 (Applause.)

21                 SENATOR STEWART-COUSINS:   And I 

22    want to give a shout out to Jonathan Alvarenga, 

23    who keeps my train going.  

24                 (Applause.)

25                 SENATOR STEWART-COUSINS:   And my 


                                                               38

 1    staff in both my Albany office and my district 

 2    office, because you all make my life so much 

 3    easier and you help me to represent my 

 4    constituents in the way that they expect me to.  

 5                 So again, let's give a clap for all 

 6    of our staffs.  

 7                 (Loud applause.)

 8                 SENATOR STEWART-COUSINS:   So 

 9    important to do.

10                 And also the keeper of this chamber 

11    and making sure it all goes smoothly is my 

12    Secretary of the Senate, Alejandra Paulino.  

13    Where's Ale?  Where is Ale?  Oh --

14                 (Cheers; applause.)

15                 SENATOR STEWART-COUSINS:   Thank 

16    you, Alejandra.  She'll be sworn in again later.  

17                 And of course, you know, we all need 

18    to be safe, and so I thank our Sergeant-at-Arms, 

19    Ben Sturges III, and your crew.

20                 (Applause.)

21                 SENATOR STEWART-COUSINS:   Also 

22    known -- I'm going to do this to him -- also 

23    known as Big Ben.  So he makes sure that we are 

24    all safe.  

25                 Today marks the beginning of the 


                                                               39

 1    fifth legislative session under our current 

 2    majority.  New Yorkers sent us here to change the 

 3    way business is done in Albany, and we have risen 

 4    to the challenge.  We've passed historic 

 5    legislation; Senator Gianaris was ticking some of 

 6    it off.  We passed this legislation to strengthen 

 7    our voting laws, to protect women's reproductive 

 8    rights, protecting women's rights and freedoms.  

 9    We protected our LGBTQ+ New Yorkers, immigrants.  

10    We fully funded our public schools.  And we laid 

11    the foundation for a modern green economy that 

12    grows from the bottom up and the middle out. 

13                 With the help of our federal 

14    government, we guided our state through a 

15    devastating pandemic and on the path to emerging 

16    from its wreckage even stronger.  The people of 

17    our great state responded to our transformative 

18    agenda by sending us back to Albany -- not only 

19    with a historic majority, but with two 

20    unprecedented supermajorities in a row.  

21                 Now we return to this chamber with 

22    more work to do.  There are new challenges, new 

23    opportunities ahead of us, and New Yorkers have 

24    given us a mandate to tackle them with bold, 

25    thoughtful approaches that we've been able to 


                                                               40

 1    demonstrate since day one.  

 2                 Today we know some of our issues:  

 3    We see families across our state being stretched 

 4    from both ends.  We know that they feel uncertain 

 5    about how to protect themselves and secure their 

 6    livelihoods as the cost of living continues to 

 7    surpass average incomes.  The affordability 

 8    crisis touches every nerve in our communities and 

 9    underpins most of the hardships New Yorkers are 

10    facing.  

11                 We see it most acutely in the 

12    current housing shortage that's devastating 

13    New Yorkers across the state, leaving many to 

14    wonder if they'll be able to make rent, let alone 

15    buy a house.  The current market is failing to 

16    provide adequate supply and leaving too many 

17    families without a roof over their head.  It's 

18    time for we as lawmakers to step in with 

19    corrective actions that will keep real estate 

20    development competitive and meet the growing 

21    need, while protecting tenants and homeowners 

22    from being priced out of their neighborhoods.  

23                 We need a transformative statewide 

24    housing policy that can address this issue and 

25    its spillover effects from New York City, to my 


                                                               41

 1    home county of Westchester, to Long Island, to 

 2    upstate and everywhere in between.  This is the 

 3    only way to guarantee that supply can continue to 

 4    meet the people's demand.  Having shelter and a 

 5    rent you can afford and a mortgage you can pay 

 6    off are the building blocks for a safe and 

 7    prosperous life.  

 8                 If we can tackle this problem, we 

 9    will inevitably solve its offshoots as well, 

10    which includes ongoing concerns regarding crime 

11    and public safety.  We're listening to the real 

12    fears New Yorkers have about their communities, 

13    and we understand that perception is powerful.  

14    But we have to remember that crime will not be 

15    solved with a single solution.  Public safety and 

16    justice can go hand in hand.  And it's important 

17    to ensure that true criminals are the only ones 

18    being punished.  

19                 For that to happen, we need a 

20    multifaceted approach that targets the sources of 

21    crimes as well as its symptoms.  You can't 

22    address the public safety crisis if you don't 

23    also address the educational crisis.  Access to 

24    high-quality schooling is a key to greater 

25    prosperity and stability for our children.  


                                                               42

 1                 Through our conference's work on 

 2    expanding Foundation Aid and finally paying the 

 3    money owed to our schools under the CFE lawsuit, 

 4    allocating billions to SUNY and CUNY, and 

 5    fighting for greater diversity in school 

 6    staffing, we've begun to transform public 

 7    education in our state and to help make 

 8    communities better off.  

 9                 We've also invested historic funds 

10    in providing both daycare services and pre-K for 

11    working families, all to help ease the pressure 

12    on parents and kids.  We'll continue to fight for 

13    increased funding, modernized infrastructure, 

14    staffing support, and stronger resources to 

15    ensure that every child has access to a 

16    world-class education and a pathway to a brighter 

17    future.  

18                 Supporting our communities from the 

19    ground up -- stopping crime before it starts -- 

20    is the surest way to build a better New York.  

21    But it requires additional resources, including 

22    to our healthcare system and medical 

23    infrastructure, so that everyone receives help as 

24    soon as they need it.  

25                 Not only will we be expanding our 


                                                               43

 1    efforts to support safety-net hospitals and 

 2    essential workers, but we'll be reinforcing our 

 3    investments in mental health treatment and crisis 

 4    care, because people should be treated in 

 5    hospitals before prison cells.  

 6                 Investing for tomorrow has always 

 7    been at the core of our efforts.  That's why we 

 8    fought to pass some of the strongest climate 

 9    legislation in the country, because we can't give 

10    our children the world if our planet is 

11    uninhabitable.  Last year the voters passed our 

12    monumental $4.2 billion Environmental Bond Act, 

13    and we made notable headway on our ambitious 

14    emission-reduction goals.  This year we will 

15    continue to pass protective legislation that 

16    cleans up our landscapes, prioritizes sustainable 

17    energy, improves our infrastructure, and builds a 

18    greener future for generations to come.  

19                 And we broaden our efforts to 

20    strengthen New York from the base by injecting 

21    greater resources into small businesses and local 

22    economies, supporting our families, creating new 

23    jobs and opportunities for everyone at every 

24    turn.  

25                 Our approach casts a wide policy net 


                                                               44

 1    and targets the central issues affecting 

 2    New Yorkers.  We will embrace real solutions 

 3    while rejecting false choices.  In the Senate 

 4    Majority Conference we believe that you can 

 5    encourage more development and protect tenants 

 6    and homeowners.  We believe that you can have 

 7    safety and justice.  We believe you can invest in 

 8    improving our present circumstances and build a 

 9    more prosperous, sustainable future for our 

10    children and grandchildren.  

11                 That's why I'm eager to open this 

12    2023 legislative session.  And as we roll up our 

13    sleeves and start on another year, we will make 

14    sure that we are always focused on serving our 

15    constituents.  

16                 I look forward to working with this 

17    impressive Senate, our remarkable staff, and our 

18    partners in government to continue accomplishing 

19    the people's work.  

20                 Happy New Year.  Let's get to work.  

21    Thank you.  

22                 (Extended standing ovation.)

23                 THE PRESIDENT:   Senator Gianaris.

24                 SENATOR GIANARIS:   Thank you, 

25    Mr. President.


                                                               45

 1                 There's another resolution at the 

 2    desk adopting the rules of the Senate.  Can we 

 3    take that up at this time.

 4                 THE PRESIDENT:   The Secretary will 

 5    read.

 6                 THE SECRETARY:   Senate Resolution 

 7    2, by Senator Stewart-Cousins, Senate Resolution 

 8    to adopt the rules of the Senate for the years 

 9    2023-2024.

10                 THE PRESIDENT:   Senator Lanza, why 

11    do you rise?

12                 SENATOR LANZA:   Mr. President, I 

13    ask that you call upon Senator Palumbo for a 

14    question on the rules resolution before us.

15                 THE PRESIDENT:   Senator Palumbo.

16                 SENATOR PALUMBO:   Thank you, 

17    Mr. President.  Happy New Year.

18                 Colleagues, Happy New Year.  Good to 

19    be back.  It's good to get back to work.  

20                 Would the sponsor yield for a few 

21    questions, please, on this resolution.

22                 THE PRESIDENT:   Does the sponsor 

23    yield?

24                 SENATOR GIANARIS:   Yes.

25                 THE PRESIDENT:   The sponsor yields.  


                                                               46

 1                 SENATOR PALUMBO:   Thank you, 

 2    Senator Gianaris.  Happy New Year.

 3                 Would you please describe to the 

 4    body what specific changes this resolution makes 

 5    to the current rules of the house?

 6                 SENATOR GIANARIS:   Very few.  It 

 7    codifies in the Senate rules the existing policy 

 8    on government mail blackout periods.  So in other 

 9    words, to ensure that we're not sending 

10    government mail during election season, that -- 

11    which was normal practice of the Senate -- would 

12    now be enshrined in the rules.  

13                 Beyond that, I believe there are 

14    typical changes to committee compositions.  

15                 SENATOR PALUMBO:   Would the sponsor 

16    yield for another question, please.  

17                 THE PRESIDENT:   Does the sponsor 

18    yield?

19                 SENATOR GIANARIS:   Yes.

20                 THE PRESIDENT:   The sponsor yields.

21                 SENATOR PALUMBO:   Thank you, 

22    Senator.  

23                 And with those committee changes, 

24    the way I read it -- and I guess there was a typo 

25    in revenue.  So other than codifying the blackout 


                                                               47

 1    period and the revenue typo, which are 

 2    ministerial, it looks as though the changes were 

 3    to the Banks Committee and the Judiciary 

 4    Committee.  That three Democratic members came 

 5    off the Banks Committee, and one Republican 

 6    member came off the Banks Committee, and those 

 7    three and one are now being added to the 

 8    Judiciary Committee.  

 9                 Is that accurate?  

10                 SENATOR GIANARIS:   That's accurate.

11                 SENATOR PALUMBO:   Would you yield 

12    for another question, please.  

13                 THE PRESIDENT:   Does the sponsor 

14    yield?

15                 SENATOR GIANARIS:   Yes.

16                 THE PRESIDENT:   The sponsor yields.

17                 SENATOR PALUMBO:   So have the 

18    duties of the Judiciary Committee changed in any 

19    fashion as a result of this new rule change?

20                 SENATOR GIANARIS:   Through the 

21    committee change?  No.

22                 SENATOR PALUMBO:   Duties as far as 

23    what they generally do or even providing advice 

24    and consent with regard to judicial nominees?

25                 SENATOR GIANARIS:   No.


                                                               48

 1                 SENATOR PALUMBO:   Would you yield 

 2    for another question, please.

 3                 THE PRESIDENT:   Does the sponsor 

 4    yield?

 5                 SENATOR GIANARIS:   Yes.

 6                 THE PRESIDENT:   The sponsor yields.

 7                 SENATOR PALUMBO:   Have there been 

 8    any changes to any of the other committees with 

 9    respect to the amount of members on each side, 

10    other than these two that I just mentioned?  

11                 SENATOR GIANARIS:   No.

12                 SENATOR PALUMBO:   Would you yield 

13    for another question, please.

14                 THE PRESIDENT:   Does the sponsor 

15    yield?

16                 SENATOR GIANARIS:   Yes.

17                 THE PRESIDENT:   The sponsor yields.  

18                 SENATOR PALUMBO:   So, Senator 

19    Gianaris, could you please explain to me how the 

20    numbers of three and one, from one committee to 

21    the next, came about?  

22                 SENATOR GIANARIS:   Yeah, this is -- 

23    Senator Palumbo, this is your second term, if I'm 

24    not mistaken.

25                 SENATOR PALUMBO:   Second.


                                                               49

 1                 SENATOR GIANARIS:   So this is 

 2    something that is typical when we adopt the rules 

 3    based on member interest.  Our leader does a very 

 4    good job of asking members what committees they 

 5    would like to serve on.  And based on the 

 6    interest levels, the numbers, the raw numbers on 

 7    the committees do change routinely.  

 8                 SENATOR PALUMBO:   Would you yield 

 9    for another question, please, Senator.

10                 THE PRESIDENT:   Does the sponsor 

11    yield?

12                 SENATOR GIANARIS:   Yes.

13                 THE PRESIDENT:   The sponsor yields.

14                 SENATOR PALUMBO:   Thank you, 

15    Mr. President.  Through you.  

16                 And I appreciate that explanation, 

17    Senator Gianaris.  And I know this was done in -- 

18    prior to my -- now this is my second term, now, 

19    my two years -- now going to be four, hopefully, 

20    in the Senate.  I was seven years down the hall 

21    in the Assembly.  And a member of the Judiciary 

22    Committee all of those years; the ranker over 

23    there, and now the ranker here.

24                 So can you reconcile for me that -- 

25    the proportionate numbers of committee members is 


                                                               50

 1    usually proportionate to the membership in the 

 2    body.  So I know words are our tools in this 

 3    chamber, but I can do a little bit of math.  And 

 4    42 members -- because the Democratic Committee 

 5    shrunk just a little bit, by one.  We have 

 6    42 Democrats and we have 21 Republicans, which is 

 7    exactly a two-to-one ratio.

 8                 So you can reconcile for me why, 

 9    just for this one committee, we have included now 

10    a net gain of two for the Democrats?  

11                 SENATOR GIANARIS:   What I can tell 

12    you, Senator Palumbo, is there is a formula for 

13    respective committee memberships that has been in 

14    existence for some time.  And when -- given the 

15    makeup of the body and the formula that's applied 

16    and was applied when you all were in the 

17    majority, this is how the numbers come out.

18                 SENATOR PALUMBO:   Would the sponsor 

19    yield for another question, please.

20                 THE PRESIDENT:   Does the sponsor 

21    yield?

22                 SENATOR GIANARIS:   Yes.

23                 THE PRESIDENT:   The sponsor yields.  

24                 SENATOR PALUMBO:   Thank you, 

25    Senator.  And I appreciate that.  And I think I'm 


                                                               51

 1    just having trouble with why we aren't doing this 

 2    to all the committees if the breakdown between 

 3    the parties has changed in some respects.

 4                 But with regard to the process of 

 5    nominating, for example -- or advice and consent 

 6    regarding a nominee for the Court of Appeals, we 

 7    have seen some controversy and we've seen several 

 8    members -- and I believe including yourself -- 

 9    who have indicated they are not going to 

10    currently vote for Justice LaSalle, who is the 

11    Governor's appointee.  

12                 So I just find it curious that we're 

13    only making changes really to the 

14    Judiciary Committee that provides advice and 

15    consent, and we're doing so at a disproportionate 

16    ratio.  Can you reconcile that for me, please?  

17                 SENATOR GIANARIS:   First of all, we 

18    have not handed up the committee memberships at 

19    this time.  So I know members have varied 

20    opinions on whatever issues might come before the 

21    committee.  So I wouldn't know how the committee 

22    might decide on a particular issue before it.  

23                 But if you're asking why the ratios 

24    within the committees are the way they are, I ask 

25    you to ask your own leadership why they came up 


                                                               52

 1    with that formula when they were in the majority.  

 2    We're just applying the same formula that has 

 3    been in existence.

 4                 SENATOR PALUMBO:   Thank you, 

 5    Senator Gianaris.

 6                 On the resolution, please, 

 7    Mr. President.

 8                 THE PRESIDENT:   Senator Palumbo on 

 9    the resolution.

10                 SENATOR PALUMBO:   Thank you, 

11    Mr. President.

12                 And just very briefly, I understand 

13    that this is something done.  It's not done as 

14    typically as we would be led to believe.  The 

15    rules changes are usually ministerial, my 

16    friends.  

17                 So in light of the fact that with 

18    what's going on in the public and with what 

19    what's going on regarding a current judicial 

20    nominee, unfortunately I find it quite curious 

21    that something that seems pretty dry and usually 

22    mundane, an adoption of rules, has one extremely 

23    important and very significant change, which is 

24    to now change the numbers on the Judiciary 

25    Committee not in a proportionate manner, but to 


                                                               53

 1    give the net gain to two members on the majority 

 2    side, when they already have a proportionate 

 3    number of members and a majority and a 

 4    supermajority number on the committee.

 5                 So for those reasons, Mr. President, 

 6    unfortunately I'm going to be voting nay on this 

 7    resolution, and I urge my colleagues to do the 

 8    same.

 9                 Thank you.  

10                 THE PRESIDENT:   Does any Senator 

11    desire to be heard further?

12                 Seeing no one else wishing to be 

13    heard, the debate is closed.

14                 The question is on the resolution.  

15    All those in favor signify by saying aye.

16                 (Response of "Aye.")

17                 THE PRESIDENT:   Opposed?  

18                 (Response of "Nay.")

19                 THE PRESIDENT:   The resolution is 

20    adopted.

21                 Senator Gianaris.

22                 SENATOR GIANARIS:   Thank you, 

23    Mr. President.

24                 There's now another resolution at 

25    the desk calling for the election of the 


                                                               54

 1    Secretary of the Senate.  Will you please call 

 2    that up.

 3                 THE PRESIDENT:   The Secretary will 

 4    read.

 5                 THE PRESIDENT:   Senate Resolution 

 6    Number 3, by Senator Stewart-Cousins:  RESOLVED, 

 7    That Alejandra Paulino, of Albany, New York, be, 

 8    and she hereby is, elected Secretary of the 

 9    Senate for the years 2023-2024.

10                 THE PRESIDENT:   The question is on 

11    the resolution.  All those in favor signify by 

12    saying aye.

13                 (Response of "Aye.")

14                 THE PRESIDENT:   Opposed?  

15                 (No response.)

16                 THE PRESIDENT:   The resolution is 

17    adopted.

18                 Ms. Paulino, I ask that you please 

19    come forward to receive your oath of office while 

20    Senator Stewart-Cousins performs the swearing in.

21                 (Applause as Ms. Paulino and 

22    Senator Stewart-Cousins move to the center of the 

23    chamber.)

24                 SENATOR STEWART-COUSINS:   Raise 

25    your right hand and repeat after me:  "I," state 


                                                               55

 1    your name --

 2                 MS. PAULINO:   Alejandra Paulino.

 3                 SENATOR STEWART-COUSINS:   You have 

 4    to say "I."

 5                 MS. PAULINO:   I, Alejandra Noel 

 6    Paulino --

 7                 SENATOR STEWART-COUSINS:   Ah, 

 8    well -- do solemnly swear --

 9                 MS. PAULINO:   -- do solemnly 

10    swear --

11                 SENATOR STEWART-COUSINS:   -- to 

12    uphold the Constitution of the United States --

13                 MS. PAULINO:   -- to uphold the 

14    Constitution of the United States --

15                 SENATOR STEWART-COUSINS:   -- and 

16    the Constitution of the State of New York --

17                 MS. PAULINO:   -- and the 

18    Constitution of the State of New York -- 

19                 SENATOR STEWART-COUSINS:   -- and 

20    that I will faithfully discharge my duties of the 

21    office of Secretary of the Senate --

22                 MS. PAULINO:   -- and that I will 

23    faithfully discharge my duties as Secretary of 

24    the Senate to the best of my ability -- 

25                 SENATOR STEWART-COUSINS:   So help 


                                                               56

 1    you God.

 2                 MS. PAULINO:   -- so help me God.

 3                 SENATOR STEWART-COUSINS:    

 4    Congratulations.  

 5                 (Cheers; standing ovation.)

 6                 THE PRESIDENT:   Senator Gianaris.

 7                 SENATOR GIANARIS:   Mr. President, 

 8    there's another resolution pertaining to the 

 9    appointment of Benjamin Sturges as 

10    Sergeant-at-Arms.  Please take that up.

11                 (Applause.)

12                 THE SECRETARY:   Senate Resolution 

13    4, by Senator Stewart-Cousins:  RESOLVED, That 

14    Benjamin M. Sturges III be, and he hereby is, 

15    elected Sergeant-at-Arms of the Senate for the 

16    years 2023-2024.

17                 THE PRESIDENT:   The question is on 

18    the resolution.  All those in favor signify by 

19    saying aye.

20                 (Response of "Aye.")

21                 THE PRESIDENT:   Opposed?

22                 (No response.)

23                 THE PRESIDENT:   The resolution is 

24    adopted.

25                 For the record, Benjamin Sturges has 


                                                               57

 1    been elected Sergeant-at-Arms for the years 

 2    2023-2024.

 3                 (Cheers; standing ovation.)

 4                 THE PRESIDENT:   I was supposed to 

 5    say it is my honor to present you the 

 6    Sergeant-at-Arms, but --

 7                 (Laughter.)

 8                 THE PRESIDENT:   Big Ben.  

 9                 (Laughter.)

10                 THE PRESIDENT:   Senator Gianaris.  

11                 SENATOR GIANARIS:   There is a 

12    resolution at the desk appointing Catherine 

13    Kirkland as Senate Stenographer.  Let us take 

14    that up, please.

15                 THE PRESIDENT:   The Secretary will 

16    read.

17                 THE SECRETARY:   Senate Resolution 

18    5, by Senator Stewart-Cousins:  RESOLVED, That 

19    Catherine Kirkland be, and she hereby is, elected 

20    the Official Stenographer of the Senate for the 

21    years 2023-2024.

22                 THE PRESIDENT:   The question is on 

23    the resolution.  All those in favor signify by 

24    saying aye.

25                 (Response of "Aye.")


                                                               58

 1                 THE PRESIDENT:   Opposed?  

 2                 (No response.)

 3                 THE PRESIDENT:   The resolution is 

 4    adopted.

 5                 For the record, Catherine Kirkland 

 6    has been elected Official Stenographer of the 

 7    Senate for the years 2023-2024.  

 8                 It is my honor to present to you the 

 9    Official Stenographer of the Senate.

10                 (Standing ovation.)

11                 THE PRESIDENT:   Senator Gianaris.

12                 SENATOR GIANARIS:   There is a 

13    resolution at the desk setting forth the hours of 

14    the Senate for the years 2023-2024.  Please take 

15    that up.

16                 THE PRESIDENT:   The Secretary will 

17    read.

18                 THE SECRETARY:   Senate Resolution 

19    6, by Senator Stewart-Cousins, providing for 

20    hours of meeting by the Senate for the years 

21    2023-2024.

22                 THE PRESIDENT:   The question is on 

23    the resolution.  All those in favor signify by 

24    saying aye.

25                 (Response of "Aye.")


                                                               59

 1                 THE PRESIDENT:   Opposed?  

 2                 (No response.)

 3                 THE PRESIDENT:   The resolution is 

 4    adopted.

 5                 Senator Gianaris.

 6                 SENATOR GIANARIS:   Please take up 

 7    the resolution appointing a committee of two to 

 8    inform the Governor.

 9                 THE PRESIDENT:   The Secretary will 

10    read.

11                 THE SECRETARY:   Senate Resolution 

12    7, by Senator Stewart-Cousins:  RESOLVED, That 

13    the Temporary President appoint a committee of 

14    two, comprised of Senator Martinez and 

15    Senator Weik, for the purpose of informing the 

16    Governor that the Senate is organized and ready 

17    to proceed with business.

18                 THE PRESIDENT:   The question is on 

19    the resolution.  All those in favor signify by 

20    saying aye.  

21                 (Response of "Aye.")

22                 THE PRESIDENT:   Opposed?  

23                 (No response.)

24                 THE PRESIDENT:   The resolution is 

25    adopted.  


                                                               60

 1                 Senator Gianaris.  

 2                 SENATOR GIANARIS:   There is a 

 3    resolution concerning the committee of two to 

 4    inform the Assembly.  Please take that up.

 5                 THE PRESIDENT:   The Secretary will 

 6    read.

 7                 THE SECRETARY:   Senate Resolution 

 8    8, by Senator Stewart-Cousins:  RESOLVED, That 

 9    the Temporary President appoint a committee of 

10    two, comprised of Senator Fernandez and 

11    Senator Walczyk, for the purpose of waiting upon 

12    the Assembly and informing that body that the 

13    Senate is assembled and ready to proceed with 

14    business.

15                 THE PRESIDENT:   The question is on 

16    the resolution.  All those in favor signify by 

17    saying aye.

18                 (Response of "Aye.")

19                 THE PRESIDENT:   Opposed?

20                 (No response.)

21                 THE PRESIDENT:   The resolution is 

22    adopted.

23                 Senator Gianaris.

24                 SENATOR GIANARIS:   On behalf of 

25    Leader Stewart-Cousins, I hand up the following 


                                                               61

 1    conference and leadership assignments of the 

 2    Majority Conference and ask that it be filed in 

 3    the Journal.

 4                 THE PRESIDENT:   The hand-up is 

 5    received and shall be filed in the Journal.

 6                 SENATOR GIANARIS:   On behalf of 

 7    Majority Leader Stewart-Cousins, in consultation 

 8    with Senator Ortt, I hand up the following 

 9    committee and leadership assignments of the 

10    Minority Conference and ask that it be filed in 

11    the Journal.

12                 THE PRESIDENT:   The hand-up is 

13    received and shall be filed in the Journal.

14                 SENATOR GIANARIS:   Please go back 

15    to messages from the Governor.

16                 THE PRESIDENT:   The Secretary will 

17    read.

18                 THE SECRETARY:   "Dear Majority 

19    Leader Senator Stewart-Cousins:  

20                 "I would appreciate the privilege of 

21    appearing before your Honorable Bodies in 

22    Joint Session on January 10, 2023, at 1:00 p.m., 

23    or as soon thereafter as may be convenient, to 

24    personally deliver my annual message on the 

25    State of the State, to the Legislature.  


                                                               62

 1                 "Very truly yours, Governor Kathy 

 2    Hochul."

 3                 THE PRESIDENT:   The invitation will 

 4    be noted in the Journal.

 5                 Senator Gianaris.

 6                 SENATOR GIANARIS:   Thank you, 

 7    Mr. President.  Is there any further business at 

 8    the desk?  

 9                 THE PRESIDENT:   There is no further 

10    business at the desk.  

11                 SENATOR GIANARIS:   In that case, I 

12    move we adjourn until Monday, January 9th, at 

13    3:00 p.m., intervening days being legislative 

14    days.

15                 THE PRESIDENT:   On motion, the 

16    Senate will stand adjourned until Monday, 

17    January 9th, at 3:00 p.m., intervening days being 

18    legislative days.

19                 The Senate is adjourned.

20                 (Whereupon, at 1:38 p.m., the Senate 

21    adjourned.)

22

23

24

25