Regular Session - March 30, 2023

                                                                   2055

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   March 30, 2023

11                     11:41 a.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  

19  SENATOR JAMAAL T. BAILEY, Acting President

20  ALEJANDRA N. PAULINO, ESQ., Secretary

21  

22  

23  

24  

25  


                                                               2056

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

 2                 ACTING PRESIDENT BAILEY:   The 

 3    Senate will come to order.  

 4                 I ask everyone present to please 

 5    rise and recite the Pledge of Allegiance.

 6                 (Whereupon, the assemblage recited 

 7    the Pledge of Allegiance to the Flag.) 

 8                 ACTING PRESIDENT BAILEY:   In the 

 9    absence of clergy, let us bow our heads in a 

10    moment of silent reflection or prayer.

11                 (Whereupon, the assemblage respected 

12    a moment of silence.)

13                 ACTING PRESIDENT BAILEY:   Happy 

14    Opening Day.  

15                 (Laughter.)

16                 ACTING PRESIDENT BAILEY:  Reading of 

17    the Journal.  

18                 THE SECRETARY:   In Senate, 

19    Wednesday, March 29, 2023, the Senate met 

20    pursuant to adjournment.  The Journal of Tuesday, 

21    March 28, 2023, was read and approved.  On 

22    motion, the Senate adjourned.

23                 ACTING PRESIDENT BAILEY:   Without 

24    objection, the Journal stands approved as read.

25                 Presentation of petitions.


                                                               2057

 1                 Messages from the Assembly.

 2                 The Secretary will read.

 3                 THE SECRETARY:   Senator Addabbo 

 4    moves to discharge, from the Committee on 

 5    Finance, Assembly Bill Number 3777 and substitute 

 6    it for the identical Senate Bill 2123, Third 

 7    Reading Calendar 543.

 8                 ACTING PRESIDENT BAILEY:   So 

 9    ordered.

10                 Messages from the Governor.

11                 Reports of standing committees.

12                 Reports of select committees.

13                 Communications and reports from 

14    state officers.

15                 Motions and resolutions.

16                 Senator Gianaris.

17                 SENATOR GIANARIS:   Good morning, 

18    Mr. President.  And let's go, Mets.  

19                 ACTING PRESIDENT BAILEY:   Let's go, 

20    Mets.  

21                 SENATOR GIANARIS:   Can we begin by 

22    taking up previously adopted Resolution 609, by 

23    Senator Gallivan, read its title and recognize 

24    Senator Gallivan.

25                 ACTING PRESIDENT BAILEY:   The 


                                                               2058

 1    Secretary will read.

 2                 THE SECRETARY:   Senate Resolution 

 3    609, by Senator Gallivan, commending the 

 4    Erie County Federation of Snow Mobile Clubs for 

 5    their heroic efforts to rescue stranded people 

 6    during the Western New York Blizzard of 2022.

 7                 ACTING PRESIDENT BAILEY:   Senator 

 8    Gallivan on the resolution.

 9                 SENATOR GALLIVAN:   Thank you, 

10    Mr. President.

11                 As many of us know, Western New York 

12    is no stranger to snowstorms.  But even by local 

13    standards, the blizzard that struck the region, 

14    the Western New York region, on Christmas weekend 

15    2022 was truly devastating.  

16                 Over a two-day period, the historic 

17    storm dumped nearly 52 inches of snow on the 

18    Buffalo area and winds in excess of 70 miles an 

19    hour, causing white-out conditions and dangerous 

20    windchills.  

21                 The heavy snow left many 

22    people stranded -- some in their cars, others in 

23    their homes -- with emergency personnel unable to 

24    reach them.  Police, fire, ambulance crews and 

25    even snowplow drivers simply could not respond by 


                                                               2059

 1    vehicle.

 2                 Tragically, more than 40 of our 

 3    fellow Western New Yorkers died.  The loss of 

 4    life would have been much worse if not for the 

 5    heroic efforts of the members of the Erie County 

 6    Federation of Snow Mobile Clubs.  During the 

 7    storm and in the days that followed, they used 

 8    their sleds and other specialized equipment to 

 9    rescue people and to get essential workers to 

10    their jobs, including first responders, doctors, 

11    and nurses.

12                 Club members used heavy-duty 

13    equipment designed to shape snowmobile trails to 

14    not only rescue their stranded neighbors but to 

15    transfer police officers to their police stations 

16    and firefighters and ambulance workers to their 

17    fire halls.  They also worked with local highway 

18    departments to pick up drivers and to get them to 

19    their plow trucks as the community began to dig 

20    out.  

21                 We know, of course, unfortunately 

22    there will be more snow and more blizzards, and 

23    it's very comforting to know that there are 

24    people in our community who are willing to help 

25    their fellow citizens in a time of need.  Western 


                                                               2060

 1    New York will long remember the Christmas 

 2    Blizzard of 2022 and, more important, the 

 3    lifesaving actions of these individuals.  

 4                 I thank all of my colleagues for 

 5    joining me in commending the members of the 

 6    Erie County Federation of Snow Mobile Clubs for 

 7    their truly historic deeds.  

 8                 Thank you, Mr. President.

 9                 ACTING PRESIDENT BAILEY:   Thank 

10    you, Senator Gallivan.

11                 Senator Ryan on the resolution.

12                 SENATOR RYAN:   Thank you.  

13                 And I thank Senator Gallivan for 

14    bringing this resolution.  

15                 Every generation or so, Buffalo has 

16    a snowstorm that brings us to a standstill.  And, 

17    you know, down South when there's hurricanes, you 

18    hear about the Cajun Coast Guard.  Well, our 

19    version of the Cajun Coast Guard is snowmobiles 

20    and snowmobile associations.  

21                 And we hope, moving forward, that 

22    we're able to more formalize their role in 

23    emergency response, but we do thank them for 

24    their role in the recent storm.  And like all 

25    people who help in emergencies, we hope we don't 


                                                               2061

 1    have to call on them again for another 

 2    generation, but we know if we do call on them, 

 3    that they will be ready.  

 4                 And once again, thank you, 

 5    Senator Gallivan, for bringing this important 

 6    resolution.

 7                 ACTING PRESIDENT BAILEY:   Thank 

 8    you, Senator Ryan.

 9                 Senator Kennedy on the resolution.

10                 SENATOR KENNEDY:   Thank you, 

11    Mr. President.

12                 First I want to thank our colleague 

13    Senator Gallivan for introducing this resolution, 

14    and I join him in honoring these outstanding 

15    individuals who truly stepped up for our 

16    community and Buffalo and throughout Western 

17    New York during a time of crisis.  

18                 As was already mentioned, the 

19    blizzard in Western New York that we experienced 

20    a few months ago brought treacherous conditions, 

21    zero visibility, high winds, 70-mile-per-hour 

22    winds, five feet of snow, below-zero temperatures 

23    to the tune of minus 20 degrees.  It was unlike 

24    anything I had ever seen in my entire life.  The 

25    only storm that it was equated to was the 


                                                               2062

 1    Blizzard of '77 that happened when I was one year 

 2    old.  

 3                 And due to the rapid deterioration 

 4    of conditions, countless people became trapped -- 

 5    trapped out in the elements, in their cars, in 

 6    their homes, at work.  And emergency personnel 

 7    certainly had their hands full during this very 

 8    difficult time of the storm.  

 9                 But we had citizen heroes that 

10    stepped up and became a part of the solution and 

11    that lent a helping hand, a brave and courageous 

12    helping hand.  The Erie County Federation of 

13    Snow Mobile Clubs decided to brave these 

14    dangerous elements and risk their own safety -- 

15    their own lives, in many cases -- in order to 

16    help rescue stranded drivers and transport 

17    essential workers.  

18                 They gave up their Christmas holiday 

19    with their own families and instead truly 

20    embodied the City of Good Neighbors during this 

21    very difficult time, helping New York State 

22    troopers, helping EMS workers, helping 

23    firefighters, helping law enforcement officials 

24    from throughout Western New York, helping nurses 

25    and doctors from Clarence to Sardinia and 


                                                               2063

 1    everywhere in between.  

 2                 When all was said and done, our 

 3    community lost 47 souls.  Just to put that into 

 4    perspective, recently, the horrific tornados down 

 5    south, the entire state of Mississippi lost 26.  

 6    In just two days, Buffalo and Western New York 

 7    lost 47 people.  

 8                 And so in this moment we remember 

 9    those individuals that we lost, but we honor 

10    those individuals that stepped up to make sure 

11    that hundreds of others also didn't perish.  And 

12    so we're so grateful for those individuals from 

13    the Erie County Federation of Snow Mobile Clubs 

14    that lent a helping hand.  

15                 Again, I want to thank 

16    Senator Gallivan for bringing this resolution to 

17    the floor.  

18                 And with that, Mr. President, I vote 

19    aye.

20                 ACTING PRESIDENT BAILEY:   Thank 

21    you, Senator Kennedy.

22                 The resolution was previously 

23    adopted on March 28th.

24                 Senator Gianaris.

25                 SENATOR GIANARIS:   Mr. President, 


                                                               2064

 1    at the request of Senator Gallivan, that 

 2    resolution is open for cosponsorship.

 3                 ACTING PRESIDENT BAILEY:   The 

 4    resolution is open for cosponsorship.  Should you 

 5    choose not to be a cosponsor, please notify the 

 6    desk.

 7                 Senator Gianaris.

 8                 SENATOR GIANARIS:   So, 

 9    Mr. President, today there are a number of 

10    distinguished women in the Capitol being honored 

11    by the Women's Legislative Caucus, and some of 

12    them have joined us in the gallery today.  So 

13    we're going to allow some of our members to 

14    introduce the honorees who are from their 

15    districts.  

16                 We're going to start with Senator 

17    Scarcella-Spanton, then Senator Hinchey, and then 

18    Senator Webb, please.

19                 ACTING PRESIDENT BAILEY:   Thank 

20    you, Senator Gianaris.  

21                 Senator Scarcella-Spanton for the 

22    purposes of an introduction.

23                 SENATOR SCARCELLA-SPANTON:   Thank 

24    you, Mr. President.  

25                 And today we have with us 


                                                               2065

 1    Heather Williams, up in Albany with her family, 

 2    who is our honoree for our Legislative Women's 

 3    Caucus celebration this Women's History Month.  

 4                 Heather was born in Trinidad & 

 5    Tobago in the Caribbean.  At a very young age she 

 6    migrated with her family to the U.S. Virgin 

 7    Islands, and in 1978 to Staten Island, which 

 8    became her permanent home.  

 9                 After raising her two sons and 

10    losing her eldest son, Taurean, who was a 9/11 

11    first responder, they are currently helping to 

12    raise their grandsons, D'Nari K. Wells and 

13    D'Aurean K. Wells, who are aspiring young models 

14    and actors and future musicians, who I believe 

15    may -- do we have anybody here too?  Hi, there we 

16    go.  

17                 She spends her spare time 

18    volunteering, which started with Merrill Lynch, 

19    now Bank of America Merrill, a company which 

20    encourages employees to give back by 

21    volunteering, and presently with several 

22    different organizations, but mainly with 

23    Fam First Foundation, Inc., her family 

24    organization, as an event coordinator.  

25                 At her organization, her mission is 


                                                               2066

 1    to create a place where families can seek 

 2    support, be informed, and be educated on matters 

 3    that affect the structure of today's families.  

 4    They aim to do this by creating events that 

 5    bridge the gap between different ethnicities and 

 6    cultures while supporting families.  

 7                 We are so proud to be able to honor 

 8    you here today.  Thank you for all you do for our 

 9    community, for Staten Island, and now for 

10    New York State.  

11                 MS. WILLIAMS:   Thank you.

12                 SENATOR SCARCELLA-SPANTON:   Thank 

13    you, Heather. 

14                 ACTING PRESIDENT BAILEY:   Thank 

15    you, Senator Scarcella-Spanton.  

16                 Senator Hinchey for the purposes of 

17    an introduction.

18                 SENATOR HINCHEY:   During Women's 

19    History Month, members of our Legislative Women's 

20    Caucus have the opportunity to honor one 

21    outstanding woman from our district who 

22    demonstrates exemplary character and leadership 

23    in their community.  

24                 This year it is my privilege to 

25    recognize U.S. Air Force veteran Michelle Romalin 


                                                               2067

 1    Deyo for her service to our country and for her 

 2    tremendous advocacy on behalf of our veteran 

 3    community in Greene County.  

 4                 Michelle served as a munitions 

 5    systems specialist in support of Operation Desert 

 6    Storm, Operation Desert Shield, Operation 

 7    Southern Watch, and the NATO Operation Deny 

 8    Flight over Bosnia.  

 9                 After four years of honorable 

10    military service, Michelle came back to her 

11    community and devoted her life to giving back to 

12    her fellow veterans, servicemembers and their 

13    families.

14                 Michelle is here today as a woman 

15    who has already made history, because in the 

16    41st District Michelle Deyo is the only woman to 

17    lead a county-wide veterans agency, the Greene 

18    County Veterans Service Agency.  It's a position 

19    she has held for over a decade, and I can promise 

20    you that our communities are better served 

21    because of her leadership.

22                 In that time Michelle has assisted 

23    thousands of veterans and their families in 

24    obtaining VA benefits.  Michelle also oversees 

25    the Greene County Veterans Transportation 


                                                               2068

 1    Program, to ensure that veterans can safely 

 2    travel around the county, including to their 

 3    medical appointments.  That program expanded from 

 4    a single van to full-time daily transportation, 

 5    and we thank Michelle for her involvement in that 

 6    significant expansion.  

 7                 In our rural communities it often 

 8    seems like access to these critical services is 

 9    dwindling by the day, and because of that we need 

10    fighters like Michelle who understand the gaps, 

11    see the needs, and take the actions to solve 

12    them.

13                 Michelle was instrumental in our 

14    collective fight to bring the Joseph P. Dwyer 

15    Veteran Peer Support Program to Greene County for 

16    the first time.  As a champion for mental health, 

17    Michelle has organized Greene County's first 

18    Suicide Awareness and Prevention Day, called the 

19    "Greene County Connect to Protect Greene 

20    Guardians."  In its first year, the event raised 

21    over $7,000 to support local programs for 

22    veterans and first responders.  

23                 My office has been especially proud 

24    to partner with the Greene County VSA on 

25    Veterans Resource Fairs in Athens, Cairo and 


                                                               2069

 1    Greenville.  Together we've been able to 

 2    facilitate helpful connections between our 

 3    veterans and the organizations and programs that 

 4    they might not know exist but that can offer 

 5    meaningful support.  

 6                 One of the most honorable aspects 

 7    about Michelle is that she feels a dual calling 

 8    to champion our first responders, just as she has 

 9    championed our veterans.  If you can believe it, 

10    she also serves as an EMT in the Town of 

11    Coxsackie Ambulance and as a volunteer 

12    firefighter with the Cairo Hose Company, from 

13    which she received the Firefighter of the Year 

14    Award in 2022.  

15                 And she's received much of this as a 

16    single mom of four boys:  Killian, Liam, Kiernan 

17    and Ciarán, all of whom have followed in their 

18    mom's footsteps and are either serving or have 

19    served in our military.  

20                 Michelle has turned a commitment to 

21    service into a career of changing lives and 

22    strengthening our communities.  This recognition 

23    is a perfect opportunity to ensure that 

24    Michelle's legacy of service is rightfully 

25    acknowledged and celebrated.  


                                                               2070

 1                 Thank you, Michelle, and Happy 

 2    Women's History Month.

 3                 ACTING PRESIDENT BAILEY:   Thank 

 4    you, Senator Hinchey.

 5                 Senator Webb for the purposes of an 

 6    introduction.

 7                 (Pause.)

 8                 SENATOR WEBB:   Hello.  Thank you, 

 9    Mr. President.  

10                 I rise enthusiastically to recognize 

11    my honoree for our Legislative Women's Caucus 

12    Women's History Month, Mary Clark, who literally 

13    just got here through a very interesting 

14    snowstorm to be here.  

15                 And so just to share a little bit 

16    about Mary Clark, she was born and raised in the 

17    Southern Tier.  She is a social worker.  She is 

18    also the former director, Southern Tier regional 

19    director for Citizen Action of New York.  

20                 She is a tireless and unapologetic 

21    advocate for social, racial, environmental 

22    justice, healthcare, education.  And she has been 

23    and still is integral in my life, personally and 

24    professionally.  She is the type of person that I 

25    wanted to lift up because she's an example of one 


                                                               2071

 1    of those thankless sheroes that will be behind 

 2    the scenes pushing for everyone to succeed and 

 3    never looks for gratitude.

 4                 And that is the type of leader that 

 5    she is every single day -- she is retired now, 

 6    but still working.  But she is one of the main 

 7    reasons why I'm here.  And so it is my deep honor 

 8    and I'm very excited to recognize her.  She is 

 9    also the type of person that would literally give 

10    you the shirt off of her back to make sure that 

11    you're okay.  

12                 And so it is for all these 

13    reasons -- and many more -- I'm very happy to 

14    recognize her and the great work that she still 

15    does to this day, not just for the residents in 

16    the Southern Tier but for all of us across this 

17    great State of New York.

18                 Thank you.

19                 ACTING PRESIDENT BAILEY:   Thank 

20    you, Senator Webb.

21                 To our guests, incredible honorees, 

22    I welcome and congratulate you on behalf of the 

23    New York State Senate.  We extend to you all of 

24    the privileges and courtesies of this house.  

25                 Please rise and be recognized.


                                                               2072

 1                 (Extended standing ovation.)

 2                 ACTING PRESIDENT BAILEY:   Senator 

 3    Gianaris.  

 4                 SENATOR GIANARIS:   Mr. President, 

 5    we are going to call an immediate meeting of the 

 6    Finance Committee as we continue to do our work.  

 7                 So please call a meeting of the 

 8    Finance Committee in Room 332.

 9                 ACTING PRESIDENT BAILEY:    

10    Certainly.  There will be an immediate meeting of 

11    the Finance Committee in Room 332.  

12                 The Secretary will read.

13                 SENATOR GIANARIS:   And can we now 

14    take up the calendar.

15                 (Laughter.)

16                 ACTING PRESIDENT BAILEY:   Sorry.  

17                 The Secretary will read.

18                 THE SECRETARY:   Calendar Number 

19    236, Senate Print 2711, by Senator Parker, an act 

20    to amend the Public Service Law.

21                 SENATOR GIANARIS:   Lay it aside for 

22    the day.

23                 ACTING PRESIDENT BAILEY:   Lay the 

24    bill aside for the day.

25                 THE SECRETARY:   Calendar Number 


                                                               2073

 1    313, Senate Print 2994A, by Senator Harckham, an 

 2    act to amend the Environmental Conservation Law.

 3                 ACTING PRESIDENT BAILEY:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 2.  This 

 6    act shall take effect immediately.

 7                 ACTING PRESIDENT BAILEY:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT BAILEY:   Announce 

11    the results.

12                 THE SECRETARY:   In relation to 

13    Calendar 313, those Senators voting in the 

14    negative are Senators Ashby, Borrello, Gallivan, 

15    Griffo, Helming, Lanza, Martins, Mattera, Murray, 

16    Oberacker, O'Mara, Ortt, Stec, Tedisco, Walczyk, 

17    Weber and Weik.

18                 Ayes, 44.  Nays, 17.

19                 ACTING PRESIDENT BAILEY:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    339, Senate Print 3609B, by Senator Webb, an act 

23    to amend the Public Health Law.

24                 ACTING PRESIDENT BAILEY:   Read the 

25    last section.


                                                               2074

 1                 THE SECRETARY:   Section 2.  This 

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

 3    same manner as Chapter 137 of the Laws of 2022.

 4                 ACTING PRESIDENT BAILEY:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT BAILEY:   Announce 

 8    the results.

 9                 THE SECRETARY:   In relation to 

10    Calendar 339, those Senators voting in the 

11    negative are Senators Ashby, Borrello, 

12    Canzoneri-Fitzpatrick, Felder, Gallivan, Griffo, 

13    Helming, Lanza, Martinez, Martins, Mattera, 

14    Murray, Oberacker, O'Mara, Ortt, Palumbo, Rhoads, 

15    Rolison, Stec, Tedisco, Walczyk, Weber and Weik.

16                 Ayes, 38.  Nays, 23.

17                 ACTING PRESIDENT BAILEY:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    346, Senate Print 2330, by Senator Mayer, an act 

21    to amend the Insurance Law.

22                 ACTING PRESIDENT BAILEY:   Read the 

23    last section.

24                 THE SECRETARY:   Section 5.  This 

25    act shall take effect on the 180th day after it 


                                                               2075

 1    shall have become a law.

 2                 ACTING PRESIDENT BAILEY:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT BAILEY:   Announce 

 6    the results.

 7                 THE SECRETARY:   In relation to 

 8    Calendar 346, those Senators voting in the 

 9    negative are Senators Borrello, Gallivan, Griffo, 

10    Helming, Oberacker, O'Mara, Ortt, Palumbo, 

11    Rhoads, Stec, Tedisco, Walczyk, Weber and Weik.

12                 Ayes, 47.  Nays, 14.

13                 ACTING PRESIDENT BAILEY:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    348, Senate Print 2731, by Senator Sanders, an 

17    act to amend the Insurance Law.

18                 ACTING PRESIDENT BAILEY:   Read the 

19    last section.

20                 THE SECRETARY:   Section 4.  This 

21    act shall take effect immediately.

22                 ACTING PRESIDENT BAILEY:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT BAILEY:   Announce 


                                                               2076

 1    the results.

 2                 THE SECRETARY:   Ayes, 61.

 3                 ACTING PRESIDENT BAILEY:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    395, Senate Print 1938, by Senator Skoufis, an 

 7    act to amend the Real Property Tax Law.

 8                 ACTING PRESIDENT BAILEY:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 2.  This 

11    act shall take effect immediately.  

12                 ACTING PRESIDENT BAILEY:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT BAILEY:   Announce 

16    the results.

17                 THE SECRETARY:   Ayes, 61.

18                 ACTING PRESIDENT BAILEY:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    478, Senate Print 3592, by Senator Breslin, an 

22    act to amend the Insurance Law.

23                 ACTING PRESIDENT BAILEY:   Read the 

24    last section.

25                 THE SECRETARY:   Section 2.  This 


                                                               2077

 1    act shall take effect immediately.  

 2                 ACTING PRESIDENT BAILEY:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT BAILEY:   Announce 

 6    the results.

 7                 THE SECRETARY:   In relation to 

 8    Calendar Number 478, voting in the negative:  

 9    Senator Brisport.

10                 Ayes, 60.  Nays, 1.

11                 ACTING PRESIDENT BAILEY:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 

14    497, Senate Print 3004, by Senator Cleare, an act 

15    to amend the Elder Law.

16                 ACTING PRESIDENT BAILEY:   Read the 

17    last section.

18                 THE SECRETARY:   Section 2.  This 

19    act shall take effect immediately.

20                 ACTING PRESIDENT BAILEY:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT BAILEY:   Senator 

24    Cleare to explain her vote.

25                 SENATOR CLEARE:   Thank you, 


                                                               2078

 1    Mr. President.  

 2                 The fastest-growing segment of our 

 3    population here in New York are our seniors, and 

 4    they hold a greater share of our workforce than 

 5    ever before.  Recognizing this principle, this 

 6    bill creates the Office of Older Adult Workforce 

 7    Development within the State Office for the 

 8    Aging, which will provide an important resource 

 9    for our state's growing senior workforce 

10    population and furthers the shared goal of 

11    becoming a truly age-friendly state.

12                 This bill will provide essential 

13    data through a centralized website with the aim 

14    of addressing the needs of seniors in the 

15    workforce, including job placement and support 

16    and career building and development.

17                 This bill also empowers older 

18    New Yorkers by providing information and remedies 

19    for seniors facing ageism discrimination on the 

20    workforce.  Enactment of this legislation will 

21    aid millions of seniors looking to continue their 

22    contributions to the workforce or embark on a 

23    second career later in their lives.

24                 I want to thank all my senior 

25    constituents that helped lobby for this bill.  I 


                                                               2079

 1    proudly vote aye and ask all my colleagues to do 

 2    the same.

 3                 Thank you.

 4                 ACTING PRESIDENT BAILEY:   Senator 

 5    Cleare to be recorded in the affirmative.

 6                 Announce the results.

 7                 THE SECRETARY:   Ayes, 62.

 8                 ACTING PRESIDENT BAILEY:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    500, Senate Print 3320, by Senator Sepúlveda, an 

12    act to amend the Real Property Law.

13                 ACTING PRESIDENT BAILEY:   Read the 

14    last section.

15                 THE SECRETARY:   Section 3.  This 

16    act shall take effect immediately.

17                 ACTING PRESIDENT BAILEY:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT BAILEY:   Senator 

21    Sepúlveda to explain his vote.

22                 SENATOR SEPÚLVEDA:   Thank you for 

23    allowing me to explain my vote.

24                 The genesis of this bill is 

25    discussions with clients in my first life, which 


                                                               2080

 1    is as an attorney, that complained quite often 

 2    about the treatment they received from 

 3    condominium boards -- when they get hit with 

 4    fees, a bidding process that they have no 

 5    awareness of.  When they want things posted or 

 6    information, many times the condominium boards 

 7    resist and they're left without information.

 8                 So this process for me began a few 

 9    years ago.  I'm glad that it's here today for a 

10    vote.  I encourage all my colleagues, especially 

11    those that live in condominiums, to vote in the 

12    affirmative, because transparency is critically 

13    important to condominium owners, and that is the 

14    premise of this bill.  

15                 It will limit some of the contracts 

16    that condominium boards can enter into without 

17    informing the condo owners, and it will also 

18    require a much higher level of transparency.  

19                 So I proudly vote in the 

20    affirmative.

21                 ACTING PRESIDENT BAILEY:   Senator 

22    Sepúlveda to be recorded in the affirmative.

23                 Announce the results.

24                 THE SECRETARY:   Ayes, 62.

25                 ACTING PRESIDENT BAILEY:   The bill 


                                                               2081

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    521, Senate Print 2776, by Senator Rivera, an act 

 4    to amend the Public Health Law.

 5                 ACTING PRESIDENT BAILEY:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 3.  This 

 8    act shall take effect immediately.

 9                 ACTING PRESIDENT BAILEY:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT BAILEY:   Announce 

13    the results.

14                 THE SECRETARY:   In relation to 

15    Calendar Number 521, voting in the negative:  

16    Senator Rhoads.

17                 Ayes, 60.  Nays, 1.

18                 ACTING PRESIDENT BAILEY:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    523, Senate Print 2995, by Senator Harckham, an 

22    act to amend the Public Health Law.

23                 ACTING PRESIDENT BAILEY:   Read the 

24    last section.

25                 THE SECRETARY:   Section 3.  This 


                                                               2082

 1    act shall take effect on the 120th day after it 

 2    shall have become a law.

 3                 ACTING PRESIDENT BAILEY:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT BAILEY:   Announce 

 7    the results.

 8                 THE SECRETARY:   Ayes, 62.

 9                 ACTING PRESIDENT BAILEY:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    543, Assembly Print Number 3777, by 

13    Assemblymember Paulin, an act to amend the 

14    State Finance Law.

15                 ACTING PRESIDENT BAILEY:   Read the 

16    last section.

17                 THE SECRETARY:   Section 2.  This 

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

19    same manner as Section 9 of Chapter 683 of the 

20    Laws of 2022.

21                 ACTING PRESIDENT BAILEY:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT BAILEY:   Announce 

25    the results.


                                                               2083

 1                 THE SECRETARY:   Ayes, 62.

 2                 ACTING PRESIDENT BAILEY:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    556, Senate Print 4711, by Senator Martinez, an 

 6    act to amend the Volunteer Firefighters' Benefit 

 7    Law.

 8                 ACTING PRESIDENT BAILEY:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 3.  This 

11    act shall take effect immediately.

12                 ACTING PRESIDENT BAILEY:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT BAILEY:   Announce 

16    the results.

17                 THE SECRETARY:   Ayes, 62.

18                 ACTING PRESIDENT BAILEY:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    572, Senate Print 6061, by Senator Hoylman-Sigal, 

22    an act to amend the Judiciary Law.

23                 SENATOR LANZA:   Lay it aside.

24                 ACTING PRESIDENT BAILEY:   Lay the 

25    bill aside.


                                                               2084

 1                 Senator Gianaris, that completes the 

 2    reading of today's calendar.

 3                 SENATOR GIANARIS:   Can we move to 

 4    the reading of the controversial calendar, 

 5    please.

 6                 ACTING PRESIDENT BAILEY:   The 

 7    Secretary will ring the bell.

 8                 The Secretary will read.

 9                 THE SECRETARY:   Calendar Number 

10    572, Senate Print 6061, by Senator Hoylman-Sigal, 

11    an act to amend the Judiciary Law.

12                 ACTING PRESIDENT BAILEY:   Senator 

13    Palumbo, why do you rise?

14                 SENATOR PALUMBO:   Thank you, 

15    Mr. President.  Would the sponsor yield for a few 

16    questions, please.  

17                 ACTING PRESIDENT BAILEY:   Will the 

18    sponsor yield?

19                 SENATOR HOYLMAN-SIGAL:   Yes.

20                 ACTING PRESIDENT BAILEY:   The 

21    sponsor yields.

22                 SENATOR PALUMBO:   Thank you, 

23    Chairman.  Good afternoon.  I just have a few 

24    questions with regard to this bill.  

25                 And initially this kind of came down 


                                                               2085

 1    the pike relatively quickly in the past week or 

 2    so.  So can you tell me how this bill came about 

 3    and why we have to vote on it today?  

 4                 SENATOR HOYLMAN-SIGAL:   Thank you.  

 5    Through you, Mr. President.  

 6                 This bill came to the Senate by the 

 7    Governor.  It's a gubernatorial program bill.

 8                 SENATOR PALUMBO:   Will the sponsor 

 9    continue to yield?

10                 ACTING PRESIDENT BAILEY:   Will the 

11    sponsor yield?

12                 SENATOR HOYLMAN-SIGAL:   Yes.

13                 ACTING PRESIDENT BAILEY:   The 

14    sponsor yields.

15                 SENATOR PALUMBO:   Thank you, 

16    Chairman.  

17                 And did the Governor explain why it 

18    was necessary that we do this?  I understand it 

19    came out as a program bill.  But it seems like 

20    this may constrain the Governor to some extent, 

21    or provide her with kind of a shorter list -- and 

22    we'll get into that in a little bit -- in the 

23    event that she were to exercise this authority.

24                 SENATOR HOYLMAN-SIGAL:   Well, we 

25    have the bill before us.  And I can only infer 


                                                               2086

 1    that the Governor sees this as expanding her 

 2    options in terms of appointing a new chief judge.  

 3                 Just to say that this bill would 

 4    only take effect when an associate judge is 

 5    confirmed to be a chief judge, which is a very 

 6    rare occurrence.  It doesn't compel her to choose 

 7    an associate judge from the same list as the 

 8    chief judge, but it does give the Governor that 

 9    option.

10                 The last time an associate judge 

11    became chief judge was before Senator Gonzalez 

12    was even born -- 1993.

13                 SENATOR PALUMBO:   Thank you, 

14    Chairman.  Will you continue to yield for another 

15    question, please.

16                 ACTING PRESIDENT BAILEY:   Will the 

17    sponsor yield?

18                 SENATOR HOYLMAN-SIGAL:   Yes.

19                 ACTING PRESIDENT BAILEY:   The 

20    sponsor yields.  

21                 SENATOR PALUMBO:   Thank you.  

22                 And just so it's clear for our body, 

23    because I think there's some nuance for the 

24    nonlawyers -- or even for many of the lawyers.  

25    There are associate judges, of course, and then 


                                                               2087

 1    there's the chief judge.  Could you explain to us 

 2    what the chief judge does with respect to their 

 3    duties, relative to just an associate judge on 

 4    the Court of Appeals?  

 5                 SENATOR HOYLMAN-SIGAL:   The chief 

 6    judge is not just the head of the Court of 

 7    Appeals -- and essentially will control the court 

 8    in determining who writes opinions -- but also is 

 9    the CEO of the entire New York court system.

10                 So the position is incredibly 

11    important.  And to have a vacancy at either the 

12    chief judge level or the associate judge level is 

13    cause for concern.  

14                 Since Chief Judge DiFiore, the 

15    former chief judge, resigned -- which was seven 

16    months ago -- the court has decided over 50 cases 

17    and many more, presumably, motions and 

18    applications.  It's really impossible to know how 

19    many cases have been delayed or were passed over 

20    because the court is waiting for that seventh 

21    judge.  And these issues obviously have 

22    significant impacts on litigants and courts 

23    statewide, who need to know how to interpret the 

24    laws that we write in this chamber.

25                 SENATOR PALUMBO:   Will the sponsor 


                                                               2088

 1    yield for another question, please.

 2                 (Crowd outside shouting "No.")

 3                 ACTING PRESIDENT BAILEY:   Will the 

 4    sponsor yield?

 5                 SENATOR HOYLMAN-SIGAL:   Yes.  That 

 6    wasn't me saying no.  

 7                 (Laughter.)

 8                 ACTING PRESIDENT BAILEY:   The 

 9    sponsor yields.  

10                 SENATOR PALUMBO:   That was -- I 

11    would have said that was very impressive, if it 

12    was.  It would have been outstanding.

13                 SENATOR HOYLMAN-SIGAL:   Amen 

14    chorus.   

15                 SENATOR PALUMBO:   Yes, yes, yes.  

16    Very Caesar-like, right?  You can get a yes or no 

17    with a --  

18                 So in that regard I think we can 

19    agree that the chief judge is almost a 

20    complete -- not a completely different position, 

21    but they have a tremendous amount of additional 

22    duties relative to associate judges, is that fair 

23    to say?

24                 SENATOR HOYLMAN-SIGAL:   Yes.

25                 (Crowd outside shouting "No.")


                                                               2089

 1                 (Laughter.)

 2                 SENATOR PALUMBO:   Thank you.  Would 

 3    you continue -- it's ama -- are they watching?  

 4    They might be watching.  

 5                 Would you yield for another 

 6    question?

 7                 SENATOR HOYLMAN-SIGAL:   

 8    (Inaudible.)

 9                 (Laughter.)

10                 SENATOR PALUMBO:   Why don't they do 

11    it when I'm speaking?  

12                 Would you yield for another 

13    question, please, Chairman?

14                 ACTING PRESIDENT BAILEY:   Will the 

15    sponsor yield?

16                 SENATOR HOYLMAN-SIGAL:   Yes.

17                 ACTING PRESIDENT BAILEY:   The 

18    sponsor yields.  

19                 SENATOR PALUMBO:   Thank you.

20                 So in that regard, now, we have a 

21    list before us in our committee, the Judiciary 

22    Committee, that has seven potential nominees.  

23    And the Constitution prescribes how that list 

24    actually is made.  

25                 And could you also explain to us how 


                                                               2090

 1    someone gets on that list?  Is it -- are they 

 2    chosen out of the sky, or do judges, sitting 

 3    judges, or lawyers or people who are otherwise 

 4    qualified -- is there an application process when 

 5    the list is -- or when there is a request for a 

 6    list and there's a vacancy on the Court of 

 7    Appeals?  

 8                 SENATOR HOYLMAN-SIGAL:   Yes.  There 

 9    is an application process with a Commission on 

10    Judicial Nomination comprised of various 

11    appointees from the Governor, the Court of 

12    Appeals, our own chamber, your leader, the 

13    Assembly and the Assembly Minority Leader.

14                 SENATOR PALUMBO:   Thank you, 

15    Chairman.  Would you yield for another question, 

16    please.  

17                 ACTING PRESIDENT BAILEY:   Will the 

18    sponsor yield for another question?

19                 SENATOR HOYLMAN-SIGAL:   Yes.

20                 ACTING PRESIDENT BAILEY:   The 

21    sponsor yields.

22                 SENATOR PALUMBO:   So in that 

23    regard, this commission creates the list and, as 

24    prescribed in the Constitution, the Governor has 

25    to choose -- has to choose from that list in 


                                                               2091

 1    order to obviously nominate someone.  And then 

 2    they go through the process through the Judiciary 

 3    Committee and then to the floor.  Is that the 

 4    process?

 5                 SENATOR HOYLMAN-SIGAL:   Yes.

 6                 SENATOR PALUMBO:   Would you yield 

 7    for another question, please.

 8                 SENATOR HOYLMAN-SIGAL:   Yes.

 9                 ACTING PRESIDENT BAILEY:   Will the 

10    sponsor yield?

11                 The sponsor yields.

12                 SENATOR PALUMBO:   So in that 

13    regard, if this were to become law, the Governor 

14    would then -- and just so we can explain the 

15    mechanics to our colleagues, there are currently 

16    three associate judges on this list of seven.  

17    Right?  Judge Cannataro, Judge Troutman, 

18    Judge Wilson.  

19                 If the Governor were to select one 

20    of those three for chief judge and they were 

21    ultimately confirmed, that would then create -- 

22    it's still six, there would still be a vacancy 

23    now as far as the associate judges are concerned.  

24    Is that correct?  

25                 SENATOR HOYLMAN-SIGAL:   Yes.


                                                               2092

 1                 SENATOR PALUMBO:   Would you yield 

 2    for another question, please.

 3                 SENATOR HOYLMAN-SIGAL:   Yes.

 4                 ACTING PRESIDENT BAILEY:   Just as a 

 5    reminder, I just -- I want to make sure that when 

 6    you're asking if the sponsor yields, if we can 

 7    not have conversations.  Will members please make 

 8    the request --

 9                 SENATOR PALUMBO:   Sure, 

10    Mr. President, of course.

11                 ACTING PRESIDENT BAILEY:   Thank 

12    you.  

13                 SENATOR PALUMBO:   All my questions 

14    are through you.  It's --

15                 ACTING PRESIDENT BAILEY:   Thank 

16    you.  

17                 SENATOR PALUMBO:   -- just habit to 

18    look at Chairman Hoylman.  But absolutely, 

19    through you, Mr. President.  

20                 ACTING PRESIDENT BAILEY:   Just -- 

21    as we prepare for budget debate, I just want to 

22    make sure we're in the right state of mind, 

23    Senator Palumbo.

24                 Senator Hoylman-Sigal, do you yield? 

25                 SENATOR HOYLMAN-SIGAL:   Through 


                                                               2093

 1    you, yes.

 2                 ACTING PRESIDENT BAILEY:   The 

 3    sponsor yields.

 4                 SENATOR PALUMBO:   Thank you, 

 5    Chairman.  

 6                 So with that in mind, in the 

 7    hypothetical situation, Mr. President, that the 

 8    Governor does choose one of the sitting judges -- 

 9    in fact, for an associate judge position the 

10    other two would be precluded from being 

11    considered, of course, because they're already 

12    sitting judges on the Court of Appeals, is that 

13    fair to say?

14                 SENATOR HOYLMAN-SIGAL:   By 

15    definition, yes.

16                 SENATOR PALUMBO:   Okay, certainly.  

17                 And through you, Mr. President, 

18    would the sponsor yield for another question.

19                 ACTING PRESIDENT BAILEY:   Will the 

20    sponsor yield?

21                 SENATOR HOYLMAN-SIGAL:   Yes.

22                 ACTING PRESIDENT BAILEY:   The 

23    sponsor yields.  

24                 SENATOR PALUMBO:   Thank you.

25                 So practically speaking, the 


                                                               2094

 1    Governor would have seven nominees to choose from 

 2    now.  In the event one of the three sitting 

 3    judges are choose -- actually, the list is only 

 4    four, because there are four non-judges on the 

 5    list, is that fair to say?

 6                 SENATOR HOYLMAN-SIGAL:   Yes, it's 

 7    true.  I would -- through you, Mr. President, I 

 8    would point out that the Governor has the option 

 9    to request a new list.  This does not preclude 

10    her requesting a new list from the Commission on 

11    Judicial Nomination.  This gives her an option.

12                 SENATOR PALUMBO:   Thank you, 

13    Chairman.  

14                 Will the sponsor yield for another 

15    question, please.

16                 ACTING PRESIDENT BAILEY:   Will the 

17    sponsor yield?

18                 SENATOR HOYLMAN-SIGAL:   Yes.

19                 ACTING PRESIDENT BAILEY:   The 

20    sponsor yields.

21                 SENATOR PALUMBO:   So then what 

22    we're saying is the Governor then would not 

23    only -- she wouldn't have a list of seven, she 

24    could potentially have a list of either four or 

25    technically 11, if she doesn't choose to select 


                                                               2095

 1    one of the remaining four.  Because we then would 

 2    get a new list, at the Governor's discretion, of 

 3    seven more.  Is that accurate?

 4                 SENATOR HOYLMAN-SIGAL:   Through 

 5    you, Mr. President, as we've seen with the 

 6    commission's selections for the list, sometimes 

 7    those individuals are on two different lists.  So 

 8    it's possible that the current individuals who 

 9    are on this current list might be on the new list 

10    if the Governor so chooses, if and when we pass 

11    this legislation.

12                 So I'm not sure it would be 11, but 

13    it could be.

14                 SENATOR PALUMBO:   Okay.  Through 

15    you, Mr. President, will the sponsor yield for 

16    another question.

17                 ACTING PRESIDENT BAILEY:   Will the 

18    sponsor yield?

19                 SENATOR HOYLMAN-SIGAL:   Yes.

20                 ACTING PRESIDENT BAILEY:   The 

21    sponsor yields.

22                 SENATOR PALUMBO:   So as far as 

23    the -- either the current list or new list or 

24    wherever it works out, that is an exclusive list, 

25    correct?  Because the commission creates the list 


                                                               2096

 1    and the Governor is required to only select from 

 2    individuals on that list.  So it precludes anyone 

 3    else from being considered for the chief judge or 

 4    any subsequent associate judge position.  Is that 

 5    correct?  

 6                 The judge is -- the Governor is only 

 7    allowed -- I know it's almost rhetorical, because 

 8    I think we know the answer.  The Governor can 

 9    only -- may only pick from the select list that 

10    the commission produces, correct?  

11                 SENATOR HOYLMAN-SIGAL:   Through 

12    you, Mr. President.  Depending on whether the 

13    Governor chooses the associate from the current 

14    list, if and when we pass this legislation and 

15    it's signed into law, or she asks for a new list.

16                 SENATOR PALUMBO:   Through you, 

17    Mr. President, would the sponsor yield for 

18    another question.

19                 ACTING PRESIDENT BAILEY:   Will the 

20    sponsor continue to yield?

21                 SENATOR HOYLMAN-SIGAL:   Yes.

22                 ACTING PRESIDENT BAILEY:   The 

23    sponsor yields.

24                 SENATOR PALUMBO:   So, Senator -- 

25    and I guess what it boils down to, and the rub 


                                                               2097

 1    that -- that I'd like to maybe have you 

 2    reconcile, if you could, is when this vacancy 

 3    was -- when the list -- when there was a request 

 4    for an application process, there are certain 

 5    judges who may not have significant 

 6    administrative duties but are absolutely 

 7    qualified to be associate judges.

 8                 So I have a concern that -- this was 

 9    a chief judge list.  This was not an associate 

10    judge list.  So can you reconcile for me whether 

11    or not this list was for either associate 

12    judge -- the application process was for either 

13    chief judge or associate judge?  

14                 Because we do have some presiding 

15    judges of the appellate divisions who have 

16    applied.  We actually had one previously from the 

17    Second Department, Justice LaSalle.  We know how 

18    that went.  

19                 But there are judges who already 

20    have significant administrative, but they may not 

21    be a perfect fit for chief judge but they would 

22    be a better fit for associate judge.  Can you 

23    reconcile that concern, please?  

24                 SENATOR HOYLMAN-SIGAL:   Through 

25    you, Mr. President.  First, I would argue that if 


                                                               2098

 1    an individual is on this list for chief judge, 

 2    then they certainly presumably are qualified to 

 3    be an associate judge on the Court of Appeals.

 4                 But secondly, if in the Governor's 

 5    discretion she agrees with you, she can always 

 6    ask for a new list to fill that associate judge 

 7    position.  Again, we're just creating a pathway 

 8    for more options.

 9                 SENATOR PALUMBO:   Thank you, 

10    Chairman.

11                 Through you, Mr. President, will the 

12    sponsor yield for another question, please.

13                 ACTING PRESIDENT BAILEY:   Will the 

14    sponsor yield?

15                 SENATOR HOYLMAN-SIGAL:   Yes.

16                 ACTING PRESIDENT BAILEY:   The 

17    sponsor yields.

18                 SENATOR PALUMBO:   Thank you.  

19                 And Chairman, since this is an 

20    exclusive list, and we did have quite an 

21    interesting time with the previous nominee, with 

22    Justice LaSalle, who would have been an historic 

23    appointment to the Court of Appeals, are there 

24    any Latino nominees on the current list?  

25                 SENATOR HOYLMAN-SIGAL:   Through 


                                                               2099

 1    you, Mr. President, not that I am aware, no.

 2                 SENATOR PALUMBO:   Thank you, 

 3    Chairman.  Would you yield for one more question, 

 4    please.

 5                 ACTING PRESIDENT BAILEY:   Will the 

 6    sponsor yield?

 7                 SENATOR HOYLMAN-SIGAL:   Yes.

 8                 ACTING PRESIDENT BAILEY:   The 

 9    sponsor yields.

10                 SENATOR PALUMBO:   In that same 

11    regard, are there any nominees of Asian descent 

12    on this current list?

13                 SENATOR HOYLMAN-SIGAL:   Through 

14    you, Mr. President, not that I am aware.

15                 SENATOR PALUMBO:   Thank you, 

16    Chairman.  

17                 On the bill, please, Mr. President.

18                 ACTING PRESIDENT BAILEY:   Senator 

19    Palumbo on the bill.

20                 SENATOR PALUMBO:   So, 

21    Mr. President, I do appreciate the fact that this 

22    might possibly streamline the process, because we 

23    have been operating with six judges -- but we've 

24    survived.  

25                 And this is something that is now 


                                                               2100

 1    trying to statutorily prescribe some very abrupt 

 2    changes, during a very difficult budget 

 3    negotiation process, but abrupt changes to our 

 4    Constitution.  

 5                 We just saw this movie, and it 

 6    didn't end well, that we're manipulating the 

 7    process for what I think are reasons that are 

 8    untoward.  That this is some sort of a deal that 

 9    has to do with possibly picking two judges from 

10    one list.  

11                 But let's think about -- let's slow 

12    down and actually try to follow the Constitution 

13    one more time.  It prescribes specifically -- 

14    I'll read the highlights.  I need my glasses for 

15    this, I'm getting old -- "The Governor shall 

16    appoint, from among those recommended by the 

17    Judicial Nominating Commission, a person to fill 

18    the office of chief judge or associate judge 

19    whenever a vacancy occurs in the Court of 

20    Appeals."

21                 We don't have two vacancies right 

22    now.  We have one.  And if by chance we get 

23    another one, that occurs upon confirmation of a 

24    sitting associate judge to now become the chief 

25    judge.  This list was created long before that 


                                                               2101

 1    confirmation process, because that's going to 

 2    happen sometime in the future.

 3                 So I understand this may have been a 

 4    program bill.  I don't like it.  I don't like the 

 5    way it smells.  And quite frankly, it is 

 6    100 percent unconstitutional.  

 7                 This is an exclusive list.  The 

 8    Governor's prescribed to pick from seven, and now 

 9    she'll be reduced down to four in the event she 

10    picks a sitting judge, or can go with a whole 

11    additional seven.  So now it's a pool of 11 

12    instead of a pool of seven as the Constitution 

13    dictates.

14                 So, Mr. President, I am very 

15    concerned about the reasons for this bill coming 

16    to the floor at this point.  But I will be voting 

17    no, and I urge my colleagues to do the same.

18                 Thank you.

19                 ACTING PRESIDENT BAILEY:   Thank 

20    you, Senator Palumbo.

21                 Are there any other Senators wishing 

22    to be heard?

23                 Seeing and hearing none, debate is 

24    closed.

25                 Senator Gianaris.


                                                               2102

 1                 SENATOR GIANARIS:   Thank you, 

 2    Mr. President.  Can we return that to the 

 3    noncontroversial calendar, please.

 4                 ACTING PRESIDENT BAILEY:   Upon 

 5    consent, we will return this bill to the 

 6    noncontroversial calendar.

 7                 Read the last section.

 8                 THE SECRETARY:   Section 2.  This 

 9    act shall take effect immediately.

10                 ACTING PRESIDENT BAILEY:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT BAILEY:   Senator 

14    Rhoads to explain his vote.

15                 SENATOR RHOADS:   Thank you, 

16    Mr. President.

17                 I want to thank Senator Palumbo for 

18    his -- for his questioning.  And he makes an 

19    excellent point, in that this bill, if it is 

20    adopted, is clearly unconstitutional, as the 

21    process by which this is supposed to take place 

22    is spelled out in the Constitution.  We are now 

23    changing that process.  

24                 But there is one additional point 

25    that Senator Palumbo raised that I wish to 


                                                               2103

 1    highlight, which is the fact that as an 

 2    applicant, if you wish to be a member of the 

 3    Court of Appeals either as an associate or as 

 4    chief judge, you may very well make the decision 

 5    as a sitting justice that you do not wish to be 

 6    the chief administrative judge of the courts, 

 7    that you may not want to apply to be chief 

 8    justice.  

 9                 If the same list is used for chief 

10    justice and associate justice, you have now shut 

11    out a potential pool of applicants who would be 

12    qualified to serve as an associate justice who, 

13    because the list was for chief justice, simply 

14    did not apply.

15                 And so you are limiting the choices 

16    that are available to the Governor -- in doing 

17    so, limiting the potential pool of applicants to 

18    be an associate justice and disqualifying or 

19    excluding candidates who would otherwise be 

20    qualified and would have applied.

21                 So I will be voting in the negative.

22                 ACTING PRESIDENT BAILEY:   Senator 

23    Rhoads to be recorded in the negative.

24                 Announce the results.

25                 THE SECRETARY:   In relation to 


                                                               2104

 1    Calendar 572, those Senators voting in the 

 2    negative are Senators Ashby, Borrello, 

 3    Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming, 

 4    Lanza, Liu, Martinez, Martins, Mattera, Murray, 

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

 6    Rolison, Stec, Tedisco, Walczyk, Weber and Weik.

 7                 Ayes, 39.  Nays, 23.

 8                 ACTING PRESIDENT BAILEY:   The bill 

 9    is passed.

10                 Senator Gianaris, that completes the 

11    reading of today's noncontroversial calendar.

12                 SENATOR GIANARIS:   Mr. President, 

13    there's a report of the Finance Committee at the 

14    desk.  Can we take that up.

15                 ACTING PRESIDENT BAILEY:   The 

16    Secretary will read.  

17                 THE SECRETARY:   Senator Krueger, 

18    from the Committee on Finance, reports the 

19    following bill:

20                 Senate Print 4002, Senate Budget 

21    Bill, an act making appropriations for the legal 

22    requirements of the state debt service.

23                 SENATOR GIANARIS:   Move to accept 

24    the report of the Finance Committee.  

25                 ACTING PRESIDENT BAILEY:   All those 


                                                               2105

 1    in favor of accepting the report of the Finance 

 2    Committee signify by saying aye.

 3                 (Response of "Aye.")

 4                 ACTING PRESIDENT BAILEY:   Opposed, 

 5    nay.

 6                 (No response.)

 7                 ACTING PRESIDENT BAILEY:   The 

 8    report of the Finance Committee is accepted.

 9                 Senator Gianaris.

10                 SENATOR GIANARIS:   Is there any 

11    further business at the desk?

12                 ACTING PRESIDENT BAILEY:   There is 

13    no further business at the desk.

14                 SENATOR GIANARIS:   Move to adjourn 

15    until Friday, March 31, at 11:00 a.m.

16                 ACTING PRESIDENT BAILEY:   On 

17    motion, the Senate stands adjourned until Friday, 

18    March 31st, at 11:00 a.m. 

19                 Let's go, Mets.

20                 (Whereupon, at 12:23 p.m., the 

21    Senate adjourned.)

22

23

24

25