Regular Session - January 30, 2023

                                                                   540

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  January 30, 2023

11                      3:50 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR ROXANNE J. PERSAUD, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               541

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

 2                 ACTING PRESIDENT PERSAUD:   The 

 3    Senate will come to order.  

 4                 I ask everyone present to please 

 5    rise and recite the Pledge of Allegiance.

 6                 (Whereupon, the assemblage recited 

 7    the Pledge of Allegiance to the Flag.) 

 8                 ACTING PRESIDENT PERSAUD:   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 PERSAUD:   Reading 

14    of the Journal.

15                 THE SECRETARY:   In Senate, Friday, 

16    January 27, 2023, the Senate met pursuant to 

17    adjournment.  The Journal of Thursday, 

18    January 26, 2023, was read and approved.  On 

19    motion, the Senate adjourned.

20                 ACTING PRESIDENT PERSAUD:   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 Jackson 


                                                               542

 1    moves to discharge, from the Committee on Rules, 

 2    Assembly Bill Number 970 and substitute it for 

 3    the identical Senate Bill 850, Third Reading 

 4    Calendar 59.

 5                 Senator Comrie moves to discharge, 

 6    from the Committee on Rules, Assembly Bill 

 7    Number 977 and substitute it for the identical 

 8    Senate Bill 1337, Third Reading Calendar 105.

 9                 Senator Skoufis moves to discharge, 

10    from the Committee on Rules, Assembly Bill 

11    Number 625 and substitute it for the identical 

12    Senate Bill 1347, Third Reading Calendar 115.

13                 Senator Sanders moves to discharge, 

14    from the Committee on Rules, Assembly Bill Number 

15    968 and substitute it for the identical Senate 

16    Bill 1356, Third Reading Calendar 123.

17                 ACTING PRESIDENT PERSAUD:   So 

18    ordered.

19                 Messages from the Governor.

20                 Reports of standing committees.

21                 Reports of select committees.

22                 Communications and reports from 

23    state officers.

24                 Motions and resolutions.

25                 Senator Gianaris.


                                                               543

 1                 SENATOR GIANARIS:   Good afternoon, 

 2    Madam President.  

 3                 On page 21 I offer the following 

 4    amendments to Calendar 184, Senate Print 147, and 

 5    ask that said bill retain its place on the 

 6    Third Reading Calendar.

 7                 ACTING PRESIDENT PERSAUD:   The 

 8    amendments are received, and the bill will retain 

 9    its place on the Third Reading Calendar.

10                 Senator Gianaris.

11                 SENATOR GIANARIS:   Let's take up 

12    the reading of the calendar, please.

13                 ACTING PRESIDENT PERSAUD:   The 

14    Secretary will read.

15                 THE SECRETARY:   Calendar Number 1, 

16    Senate Print 615, by Senator Myrie, an act to 

17    amend the Election Law.

18                 ACTING PRESIDENT PERSAUD:   Read the 

19    last section.

20                 THE SECRETARY:   Section 2.  This 

21    act shall take effect immediately.  

22                 ACTING PRESIDENT PERSAUD:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT PERSAUD:   Announce 


                                                               544

 1    the results.

 2                 THE SECRETARY:   In relation to 

 3    Calendar Number 1, those Senators voting in the 

 4    negative are Senators Borrello, Gallivan, Griffo, 

 5    Lanza, Oberacker, O'Mara, Ortt, Palumbo, Rhoads, 

 6    Stec, Walczyk and Weik.  Also Senator Felder.  

 7    Also Senator Tedisco.

 8                 Ayes, 44.  Nays, 14.

 9                 ACTING PRESIDENT PERSAUD:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 59, 

12    Assembly Print 970, by Assemblymember Gunther, an 

13    act to amend the Labor Law.

14                 ACTING PRESIDENT PERSAUD:   Read the 

15    last section.

16                 THE SECRETARY:   Section 2.  This 

17    act shall take effect immediately.

18                 ACTING PRESIDENT PERSAUD:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT PERSAUD:   Announce 

22    the results.

23                 THE SECRETARY:   In relation to 

24    Calendar Number 59, those Senators voting in the 

25    negative are Senators Borrello, Gallivan, O'Mara 


                                                               545

 1    and Walczyk.

 2                 Ayes, 56.  Nays, 4.

 3                 ACTING PRESIDENT PERSAUD:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 98, 

 6    Senate Print 1330, by Senator Gounardes, an act 

 7    to amend the Insurance Law and the Public Health 

 8    Law.

 9                 ACTING PRESIDENT PERSAUD:   Read the 

10    last section.

11                 THE SECRETARY:   Section 4.  This 

12    act shall take effect immediately.

13                 ACTING PRESIDENT PERSAUD:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT PERSAUD:   Senator 

17    Gounardes to explain his vote.

18                 SENATOR GOUNARDES:   Thank you, 

19    Madam President.  I rise to just offer some 

20    clarity about the intent behind this chapter 

21    amendment.  

22                 You know, last year we took a look 

23    at some of the wildly fluctuating prices in 

24    hospital costs across our state.  I'm trying to 

25    understand why in one hospital an MRI would cost 


                                                               546

 1    $500 and in another hospital across the street it 

 2    would cost $7500.  

 3                 And where we ended up is one of the 

 4    big drivers for those cost discrepancies, or the 

 5    starting place for that discussion, is the lack 

 6    of price transparency in what our hospitals are 

 7    charging insurance plans.  

 8                 So we passed the Hospital Equity and 

 9    Affordability Law last year to improve 

10    transparency in hospital pricing.  The chapter 

11    amendment that we agreed to that we're passing 

12    today makes some useful technical corrections by 

13    including the new transparency requirements in 

14    additional sections of law.  

15                 With the passage of the Hospital 

16    Equity and Affordability Law, entities like 

17    self-funded insurance plans that contract with 

18    third-party administrators for provider networks 

19    will be able to obtain and publicly share actual 

20    claim costs.  This will allow for the disclosure 

21    of actual hospital prices and other healthcare 

22    prices by and between self-insured plans and 

23    other groups who are committed to containing 

24    ever-increasing healthcare costs.

25                 Public discourse of actual claim 


                                                               547

 1    costs will increase healthcare cost transparency 

 2    and support efforts to make healthcare more 

 3    affordable for everyone, and for that, I vote 

 4    aye.  Thank you.  

 5                 ACTING PRESIDENT PERSAUD:   Senator 

 6    Gounardes to be recorded in the affirmative.

 7                 Announce the results.

 8                 THE SECRETARY:   In relation to 

 9    Calendar Number 98, those Senators voting in the 

10    negative are Senators Borrello, 

11    Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming, 

12    Mattera, Murray, Oberacker, O'Mara, Ortt, Rhoads, 

13    Tedisco, Weber and Weik.  Also Senator Martins.

14                 Ayes, 48.  Nays, 15.

15                 ACTING PRESIDENT PERSAUD:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    104, Senate Print 1336, by Senator Hoylman-Sigal, 

19    an act to amend a chapter of the Laws of 2022.

20                 ACTING PRESIDENT PERSAUD:   Read the 

21    last section.

22                 THE SECRETARY:   Section 4.  This 

23    act shall take effect on the same date and in the 

24    same manner as a chapter of the Laws of 2022.

25                 ACTING PRESIDENT PERSAUD:   Call the 


                                                               548

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT PERSAUD:   Announce 

 4    the results.

 5                 THE SECRETARY:   In relation to 

 6    Calendar Number 104, those Senators voting in the 

 7    negative are Senators Borrello, 

 8    Canzoneri-Fitzpatrick, Felder, Gallivan, Helming, 

 9    Lanza, Martins, Mattera, Murray, O'Mara, Ortt, 

10    Palumbo, Rhoads, Stec, Tedisco, Walczyk and Weik.

11                 Ayes, 46.  Nays, 17.

12                 ACTING PRESIDENT PERSAUD:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    105, Assembly Print 977, by 

16    Assemblymember Solages, an act to amend the 

17    General Municipal Law.

18                 ACTING PRESIDENT PERSAUD:   Read the 

19    last section.

20                 THE SECRETARY:   Section 7.  This 

21    act shall take effect on the same date and in the 

22    same manner as a chapter of the Laws of 2022.

23                 ACTING PRESIDENT PERSAUD:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               549

 1                 ACTING PRESIDENT PERSAUD:   Announce 

 2    the results.  

 3                 THE SECRETARY:   In relation to 

 4    Calendar 105, those Senators voting in the 

 5    negative are Senators Borrello, Griffo, Oberacker 

 6    and Ortt.

 7                 Ayes, 59.  Nays, 4.

 8                 ACTING PRESIDENT PERSAUD:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    106, Senate Print 1338, by Senator Comrie, an act 

12    to amend the Administrative Code of the City of 

13    New York.

14                 ACTING PRESIDENT PERSAUD:   Read the 

15    last section.

16                 THE SECRETARY:   Section 3.  This 

17    act shall take effect immediately.

18                 ACTING PRESIDENT PERSAUD:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT PERSAUD:   Senator 

22    Martins to explain his vote.

23                 SENATOR MARTINS:   Madam President, 

24    I just rise to thank my colleague Senator Comrie 

25    for introducing this bill.  


                                                               550

 1                 I think it's a great bill.  

 2    Oftentimes we go back to our districts and we 

 3    hear about infrastructure projects that are being 

 4    built without notice.  And so the opportunity for 

 5    us to get that notice, to be able to share that 

 6    with our constituents, is important.

 7                 For those of us, though, that are 

 8    not in New York City, as we have already spoken, 

 9    we'd hoped that there would be a bill that 

10    expands beyond that.  Having various villages -- 

11    for those who may not know, Madam President, I 

12    have 44 villages in my district, not including 

13    the City of Glen Cove.  So the opportunity to 

14    talk to my local communities and to let them know 

15    about these projects is important.  

16                 And so although I commend my 

17    colleague for this bill and I think it's a great 

18    bill, I'd like to see it expanded to the entire 

19    state.  

20                 I vote aye.

21                 ACTING PRESIDENT PERSAUD:   Senator 

22    Martins to be recorded in the affirmative.

23                 Senator Comrie to explain his vote.

24                 SENATOR COMRIE:   Thank you, 

25    Madam President.  


                                                               551

 1                 I just wanted to thank 

 2    Senator Martins for pointing out -- it's 

 3    something that I actually have been trying to do.  

 4    They limited me to one jurisdiction right now, 

 5    but good things are coming if we work together.  

 6                 I vote aye on this bill.

 7                 ACTING PRESIDENT PERSAUD:   Senator 

 8    Comrie to be recorded in the affirmative.

 9                 Announce the results.

10                 THE SECRETARY:   Ayes, 63.

11                 ACTING PRESIDENT PERSAUD:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 

14    111, Senate Print 1343, by Senator Parker, an act 

15    to amend the State Finance Law.

16                 ACTING PRESIDENT PERSAUD:   Read the 

17    last section.

18                 THE SECRETARY:   Section 3.  This 

19    act shall take effect on the same date and in the 

20    same manner as a chapter of the Laws of 2022.

21                 ACTING PRESIDENT PERSAUD:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT PERSAUD:   Announce 

25    the results.


                                                               552

 1                 THE SECRETARY:   In relation to 

 2    Calendar Number 111, those Senators voting in the 

 3    negative are Senators Borrello, Griffo and 

 4    Walczyk.

 5                 Ayes, 60.  Nays, 3.

 6                 ACTING PRESIDENT PERSAUD:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    115, Assembly Print Number 625, by Assemblymember 

10    Thiele, an act to amend the Executive Law.

11                 ACTING PRESIDENT PERSAUD:   Read the 

12    last section.

13                 THE SECRETARY:   Section 3.  This 

14    act shall take effect on the same date and in the 

15    same manner as a chapter of the Laws of 2022.

16                 ACTING PRESIDENT PERSAUD:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT PERSAUD:   Announce 

20    the results.

21                 THE SECRETARY:   Ayes, 63.

22                 ACTING PRESIDENT PERSAUD:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 

25    117, Senate Print 1349, by Senator Rivera, an act 


                                                               553

 1    to amend the Public Health Law and the 

 2    Social Services Law.

 3                 ACTING PRESIDENT PERSAUD:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 3.  This 

 6    act shall take effect on the same date and in the 

 7    same manner as a chapter of the Laws of 2022.

 8                 ACTING PRESIDENT PERSAUD:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT PERSAUD:   Announce 

12    the results.

13                 THE SECRETARY:   Ayes, 63.

14                 ACTING PRESIDENT PERSAUD:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    119, Senate Print 1351, by Senator Krueger, an 

18    act to amend the Criminal Procedure Law and the 

19    Executive Law.

20                 ACTING PRESIDENT PERSAUD:   Read the 

21    last section.

22                 THE SECRETARY:   Section 4.  This 

23    act shall take effect on the same date and in the 

24    same manner as a chapter of the Laws of 2022.

25                 ACTING PRESIDENT PERSAUD:   Call the 


                                                               554

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT PERSAUD:   Senator 

 4    Krueger to explain her vote.

 5                 SENATOR KRUEGER:   Thank you, 

 6    Madam President.  

 7                 This is a chapter amendment to a 

 8    bill we passed last June.  We were passing a 

 9    number of bills starting last June, given the 

10    changes that are rapidly changing our country 

11    into two different countries:  One where women 

12    have the right to make their own decisions about 

13    their bodies and choose whether to continue a 

14    pregnancy or not, and other states where they're 

15    no longer allowed this option.

16                 So in New York State we are making 

17    clear through any number of laws that if you come 

18    to New York for healthcare services that are 

19    recognized as legal, provided by healthcare 

20    providers who are within their scope of practice, 

21    you should not be penalized.  

22                 So when the original bill passed, it 

23    was specifically that the providers of the 

24    healthcare could not be penalized by some other 

25    state attempting to come here, remove our 


                                                               555

 1    providers, bring them to their courts, tell our 

 2    police officers they must go after our providers 

 3    even though they were simply providing legal 

 4    healthcare services within their scope of 

 5    practice.  

 6                 This chapter amendment expands that 

 7    to ensure that the patients themselves are also 

 8    protected if they come to New York for these 

 9    services.  Maybe at home they've got legal issues 

10    if they attempt to get these services, but if 

11    they come to New York State for these legal 

12    services to end a pregnancy, for whatever reason, 

13    within our laws and our healthcare scope of 

14    practice, then we the State of New York are not 

15    assisting those states to find out any 

16    information or go after them legally, because in 

17    our state no laws were broken.

18                 I happily vote aye.  Thank you, 

19    Madam President.

20                 ACTING PRESIDENT PERSAUD:   Senator 

21    Krueger to be recorded in the affirmative.

22                 Announce the results.  

23                 THE SECRETARY:   In relation to 

24    Calendar Number 119, those Senators voting in the 

25    negative are Senators Ashby, Borrello, 


                                                               556

 1    Canzoneri-Fitzpatrick, Felder, Gallivan, Griffo, 

 2    Helming, Lanza, Mattera, Murray, Oberacker, 

 3    O'Mara, Ortt, Palumbo, Rhoads, Stec, Walczyk and 

 4    Weik.  Also Senator Tedisco.

 5                 Ayes, 44.  Nays, 19.

 6                 ACTING PRESIDENT PERSAUD:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    123, Assembly Print Number 968, by 

10    Assemblymember Bichotte Hermelyn, an act to amend 

11    the Urban Development Corporation Act.

12                 ACTING PRESIDENT PERSAUD:   Read the 

13    last section.

14                 THE SECRETARY:   Section 3.  This 

15    act shall take effect on the same date and in the 

16    same manner as a chapter of the Laws of 2022.

17                 ACTING PRESIDENT PERSAUD:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT PERSAUD:   Announce 

21    the results.

22                 THE SECRETARY:   Ayes, 63.

23                 ACTING PRESIDENT PERSAUD:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               557

 1    170, Senate Print 2233, by Senator Thomas, an act 

 2    to amend a chapter of the Laws of 2022.

 3                 ACTING PRESIDENT PERSAUD:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 2.  This 

 6    act shall take effect on the same date and in the 

 7    same manner as a chapter of the Laws of 2022.

 8                 ACTING PRESIDENT PERSAUD:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT PERSAUD:   Announce 

12    the results.

13                 THE SECRETARY:   Ayes, 63.

14                 ACTING PRESIDENT PERSAUD:   The bill 

15    is passed.

16                 Senator Gianaris, that completes the 

17    reading of today's calendar.

18                 SENATOR GIANARIS:   Is there any 

19    further business at the desk?  

20                 ACTING PRESIDENT PERSAUD:   There is 

21    no further business at the desk.

22                 SENATOR GIANARIS:   Move to adjourn 

23    until tomorrow, Tuesday, January 31st, at 

24    3:00 p.m.

25                 ACTING PRESIDENT PERSAUD:   On 


                                                               558

 1    motion, the Senate stands adjourned until 

 2    Tuesday, January 31st, at 3:00 p.m.

 3                 (Whereupon, at 4:04 p.m., the Senate 

 4    adjourned.)

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