Regular Session - May 8, 2023

                                                                   3644

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                     May 8, 2023

11                      3:24 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  


                                                               3645

 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:   

 9    Monsignor John Tutone, of Parish of Sacred Heart 

10    in Island Park, New York, will deliver today's 

11    invocation.

12                 Monsignor.  

13                 MONSIGNOR TUTONE:   Before calling 

14    upon a blessing for all the members of this very 

15    important chamber, a little Bible history.  

16                 King Solomon, one of the many sons 

17    of King David -- we're talking maybe 2500, 

18    2600 years ago -- David was getting old, and 

19    David knew that he would sleep with his ancestors 

20    soon, but the succession was not well 

21    established.  He had many sons, there were many 

22    rival camps.  They had chosen three or four 

23    individuals, and people divided and they 

24    supported these individuals, probably because of 

25    what they were going to get.  


                                                               3646

 1                 And there was a lot of jockeying for 

 2    position, and there was a lot of rumors and a lot 

 3    of things that were being done in the back rooms 

 4    of the palaces.  Very unlike what would ever 

 5    happen today.

 6                 All this was going on, and Solomon 

 7    was one of the contenders.  And Solomon wanted 

 8    very much to be a contender, and he wanted to be 

 9    king.  But he never really stopped and examined 

10    his motives:  Why do I want to be king?  Well, my 

11    brothers want to be king, so I want to be king.  

12    So they all were jockeying for position.  

13                 And finally, in the end, Solomon 

14    won, and the people who supported him won, and 

15    Solomon found himself king.  He suddenly had 

16    great power and great authority.  

17                 And at that moment he woke up, and 

18    he said -- because he had a good conscience, he 

19    said, Now, what am I going to do now that I am 

20    king?  Every week people will come to me to make 

21    decisions.  They will ask me to make decisions 

22    that affect their lives, that will either bring 

23    them good or bring them harm.  I have no idea how 

24    to do this.  I could listen to the people around 

25    me, but I kind of am not sure about what their 


                                                               3647

 1    motives are.  I don't know how to do this.  

 2                 So in the Book of Kings, in the 

 3    Old Testament, Solomon made a very sincere 

 4    prayer.  He said:  God, help me.  I have to make 

 5    decisions.  I don't know what the right decisions 

 6    will be.  I don't want to please people.  I want 

 7    to please You.  I want to take good care of the 

 8    people you have entrusted to me.  God, help me to 

 9    do that.  

10                 So God answered Solomon as he 

11    prayed.  And God said to Solomon, He said:  If 

12    you had asked me to eliminate your enemies, I 

13    would have understood; that would have been a 

14    reasonable request, and I might have done it for 

15    you.  If you had asked me for great wealth so 

16    that you could buy things for your people and be 

17    secure and everyone could be well fed, I probably 

18    would have given you that too.  

19                 He said:  But you prayed the prayer 

20    of the sincere soul that wants to do good for 

21    other people, and that pleases me very much, 

22    Solomon.

23                 So God told Solomon:  I will give 

24    you the gift of wisdom.  And that when decisions 

25    and choices are placed in front of you, because 


                                                               3648

 1    you want to please me and take care of the people 

 2    that I have entrusted to you, I'll give you the 

 3    wisdom to do that, Solomon.  And I'll give you 

 4    great wealth and I'll eliminate your enemies too.  

 5    I'll do all those things for you because of the 

 6    sincerity of the prayer of your heart.

 7                 May I this afternoon pray with all 

 8    of you.  

 9                 Dear God, give us wisdom.  You 

10    search hearts.  You told us that a sparrow 

11    doesn't fall from the sky that You don't know 

12    about it.  You read and search the hearts of 

13    people.  

14                 Please look into our hearts, and may 

15    each of us -- because all in our own way, whether 

16    it be here in the Senate, for the great State of 

17    New York, whether it be at home with your 

18    children, whether it be with your friends, your 

19    constituents -- we all want to take good care of 

20    the people that God gives us, because that 

21    pleases God.

22                 God, we repeat the prayer of 

23    Solomon.  Give us wisdom.  Give us wisdom to seek 

24    out Your good and to do what pleases You.  

25                 Amen.  


                                                               3649

 1                 (Response of "Amen.")

 2                 ACTING PRESIDENT PERSAUD:   Reading 

 3    of the Journal.

 4                 THE SECRETARY:   In Senate, Friday, 

 5    May 5, 2023, the Senate met pursuant to 

 6    adjournment.  The Journal of Thursday, May 4, 

 7    2023, was read and approved.  On motion, the 

 8    Senate adjourned.

 9                 ACTING PRESIDENT PERSAUD:   Without 

10    objection, the Journal stands approved as read.

11                 Presentation of petitions.

12                 Messages from the Assembly.

13                 Messages from the Governor.

14                 Reports of standing committees.

15                 Reports of select committees.

16                 Communications and reports from 

17    state officers.

18                 Motions and resolutions.

19                 Senator Gianaris.

20                 SENATOR GIANARIS:   Madam President, 

21    good afternoon.  

22                 Amendments are offered to the 

23    following Third Reading Calendar bills:  

24                 By Senator Salazar, page 8, Calendar 

25    77, Senate Print 608B; 


                                                               3650

 1                 Senator Thomas, page 14, Calendar 

 2    325, Senate Print 358A; 

 3                 Senator Breslin, page 15, Calendar 

 4    345, Senate Print 1466; 

 5                 Senator Martinez, page 27, Calendar 

 6    614, Senate Print 6211A; and 

 7                 Senator Fernandez, page 29, Calendar 

 8    647, Senate Print 5485.

 9                 ACTING PRESIDENT PERSAUD:   The 

10    amendments are received, and the bills will 

11    retain their place on the Third Reading Calendar.

12                 Senator Gianaris.

13                 SENATOR GIANARIS:   Can we now move 

14    to previously adopted Resolution 857, by 

15    Senator May, read its title, and recognize 

16    Senator May.

17                 ACTING PRESIDENT PERSAUD:   The 

18    Clerk will read.

19                 THE SECRETARY:   Senate Resolution 

20    857, by Senator May, memorializing Governor 

21    Kathy Hochul to proclaim May 4, 2023, as 

22    Volunteer Firefighters Appreciation Day in the 

23    State of New York.

24                 ACTING PRESIDENT PERSAUD:   Senator 

25    May on the resolution.


                                                               3651

 1                 SENATOR MAY:   Thank you, 

 2    Madam President.

 3                 I rise once again to honor and 

 4    celebrate our dedicated volunteer firefighters in 

 5    New York, in conjunction with International 

 6    Firefighter Appreciation Day, which occurred on 

 7    May 4th.

 8                 Ten days ago I had the privilege to 

 9    attend the annual dinner of the Borodino Fire 

10    Department in my district, and to honor them and 

11    the Spafford Fire Department for 75 years of 

12    service to their rural communities.

13                 At that meeting I also recognized 

14    David Miller for 50 years of service.  A 

15    milestone that sounds improbable given the 

16    hundreds of hours of training and response time 

17    these volunteers put in every year.

18                 But I'm willing to bet that a lot of 

19    my colleagues in this chamber have made 

20    commendations for 50 years of service to 

21    volunteer firefighters as well, because the 

22    selfless dedication and perseverance of volunteer 

23    firefighters is truly a remarkable thing.

24                 If you ever have a chance to attend 

25    one of these ceremonies, what you'll see is a 


                                                               3652

 1    family.  Often literally many members of the same 

 2    family will share the commitment to service as 

 3    firefighters or auxiliary supporters.  But even 

 4    those who are unrelated by blood are still 

 5    profoundly connected by their mutual 

 6    responsibility and sacrifice and the long hours 

 7    they put in together, the many meals they miss -- 

 8    being with their families.  They take care of 

 9    each other's families when others are having to 

10    be out on the job.

11                 Volunteer firefighters exemplify the 

12    character of Americans at their best, with a 

13    generosity of spirit and dedication to helping a 

14    neighbor in their time of need.

15                 This year, in addition to offering 

16    support and recognizing their service with this 

17    resolution, I'm happy to report that the budget 

18    we passed last week includes authority for a fire 

19    department to give a training stipend to 

20    firefighter trainees to help offset the costs for 

21    the training course that they must take.  

22                 I hope this support for training 

23    will make recruitment a bit easier.  Volunteer 

24    firefighters are a critical lifeline in rural 

25    areas, and the number of volunteer firefighters 


                                                               3653

 1    is declining at a disturbing rate.  Since 1990, 

 2    volunteer firefighter membership has dropped 

 3    25 percent.  And while the state has made gains 

 4    in recruitment through a Recruit New York 

 5    program, lengthy training requirements for new 

 6    recruits pose significant hurdles for potential 

 7    new members.

 8                 I'm proud and honored to sponsor 

 9    this resolution to show our appreciation for our 

10    New York volunteer firefighters, in conjunction 

11    with International Firefighters Day.  Today I 

12    call on our state to take a moment to 

13    thoughtfully consider and appreciate the service 

14    of our volunteer firefighters in New York, and 

15    commit ourselves toward policies that adequately 

16    demonstrate that appreciation and all that they 

17    do, especially for our rural communities.

18                 Thank you.

19                 ACTING PRESIDENT PERSAUD:   Thank 

20    you.

21                 Senator Ryan on the resolution.

22                 SENATOR RYAN:   Thank you, 

23    Madam President.

24                 Thank you, Senator May, for 

25    sponsoring this important resolution.


                                                               3654

 1                 I am proud to have 18 volunteer fire 

 2    companies in the 61st Senate District.  

 3                 Firefighters all across New York and 

 4    across the country, they perform heroically, they 

 5    take great personal risk, time away from their 

 6    family.  But they are the first responders in 

 7    suburban and rural New York State.  It's only 

 8    right that we take a day to recognize them for 

 9    their service to the rest of us and to everyone 

10    in New York State.  

11                 So thank you, Madam President.  And 

12    I vote in the affirmative on this very important 

13    resolution.

14                 ACTING PRESIDENT PERSAUD:   Senator 

15    Oberacker on the resolution.

16                 SENATOR OBERACKER:  Thank you, 

17    Madam President.  

18                 And thank you, Senator May, for 

19    bringing this, again, very important resolution.

20                 You know, as a volunteer firefighter 

21    myself, I remember taking my training, which at 

22    that time was called the essentials.  And it was 

23    for 39 hours back in 1986.  Nowadays our training 

24    hours have expanded to well over a hundred.

25                 And it's an interesting dichotomy 


                                                               3655

 1    that we're looking at losing or not having access 

 2    to as many people who want to become a volunteer 

 3    firefighter.  There is no greater -- there is no 

 4    greater service that you can do throughout than 

 5    to support, number one, or more importantly, go 

 6    through the process and become a volunteer 

 7    firefighter.  I believe that wholeheartedly.

 8                 And number two -- I have to bring 

 9    this up -- at the last call that I made, it was 

10    an accident call on our interstate.  And to the 

11    great brevity of my brothers in the -- and 

12    sisters in the fire department, I had picked up a 

13    broom and I was actually sweeping some of the 

14    glass off of the road.  And much to the pictures 

15    that were taken, that the Senator was actually 

16    doing some work in the community.

17                 (Laughter.)

18                 SENATOR OBERACKER:   So I find it -- 

19    you know, not only is this fraternal camaraderie 

20    when you're going in on a life-threatening 

21    situation -- there's a lot of brevity, there's a 

22    lot of good fellowship that comes from it.  

23                 So again, Senator May, thank you for 

24    bringing this forward.  They are the lifeblood of 

25    our community, and I proudly vote aye.


                                                               3656

 1                 Thank you.

 2                 ACTING PRESIDENT PERSAUD:   Senator 

 3    Rolison on the resolution.

 4                 SENATOR ROLISON:   Thank you, 

 5    Madam President.  

 6                 And thank you, Senator May, for 

 7    having this resolution to honor our volunteer 

 8    firemen and the fire service.

 9                 I, like my colleague Senator 

10    Oberacker, was a volunteer firefighter for 

11    14 years.  I took my essentials in 1976, at the 

12    age of 18.  My father was a life member of the 

13    Croft Corners Fire Company.  I grew up around the 

14    firehouse.  That's why I became a volunteer 

15    firefighter.  

16                 And what we've seen over the years 

17    in many fire districts and communities throughout 

18    this state, as Senator May has said, it is 

19    difficult to recruit and retain members in the 

20    volunteer fire service.  I thought that in the 

21    Arlington Fire District, where I served and my 

22    dad served, where our fire company went from a 

23    fully volunteer firehouse -- we were nicknamed 

24    the Aggressive and Proud Engine Company -- that 

25    over the years it was more difficult and became 


                                                               3657

 1    more of a career, and is now a fully career 

 2    firehouse 24 hours a day.  

 3                 So I applaud what the State of 

 4    New York is doing in trying to help in the 

 5    service of the volunteer fire service, and making 

 6    things -- incentivizing things for people to join 

 7    fire departments and to do the training, which 

 8    obviously is much more than it was in 1976 when I 

 9    joined.

10                 But I will say this in closing, 

11    Madam President.  The life lessons and the 

12    service to the public that I learned there has 

13    helped me here in this esteemed body, and I 

14    proudly vote aye.

15                 ACTING PRESIDENT PERSAUD:   Senator 

16    Rhoads on the resolution.

17                 SENATOR RHOADS:   Thank you, 

18    Madam President.  

19                 I too want to rise in support of the 

20    resolution and thank Senator May for bringing up 

21    really an important -- an important issue.

22                 Our volunteer fire departments serve 

23    our communities day in and day out, and I want to 

24    thank Senator Oberacker and Senator Rolison for 

25    their service.  


                                                               3658

 1                 I've had the honor of being a 

 2    volunteer firefighter for now 31 years.  And 

 3    there aren't a lot of places -- I know Senator 

 4    May was referencing attending a 50-year ceremony.  

 5    We actually just attended a 75-year ceremony.  

 6    There aren't a lot of -- and I love attending 

 7    those, because there aren't a lot of places where 

 8    I still feel like a probie, like the young guy in 

 9    the room.  I love attending those ceremonies 

10    because it makes me feel young.  But you're also 

11    recognizing so much tremendous service.  

12                 In those 31 years I had the chance 

13    to serve as a line officer for nine of those 31, 

14    and from that vantage point I've had the blessing 

15    to see some tremendous acts of compassion, of 

16    heroism, courage, really demonstrating the best 

17    of what America is all about.  These are 

18    individuals that get up from the family dinner 

19    table, get up from their jobs, get up from their 

20    beds in the middle of the night and put their own 

21    lives at risk going to help protect the lives and 

22    property of others, seeking nothing in return 

23    other than the satisfaction of a job well done 

24    and the knowledge that they were there to help a 

25    neighbor in their time of need.


                                                               3659

 1                 And that's the kind of thing that we 

 2    should be encouraging.  The job has become much 

 3    more difficult, much more dangerous.  The hours 

 4    that are required have become much more 

 5    significant.  

 6                 And so thank you, Senator May, 

 7    for -- and the rest of our body today for taking 

 8    the time to recognize that service and sacrifice 

 9    of all of our volunteers.  I wouldn't deign to 

10    speak on behalf of all of them, but I know that 

11    we all very much appreciate that sentiment and 

12    appreciate the gesture.

13                 So thank you, and I proudly vote 

14    aye.

15                 ACTING PRESIDENT PERSAUD:   Senator 

16    Borrello on the resolution.

17                 SENATOR BORRELLO:   Thank you, 

18    Madam President.  

19                 I also want to thank the sponsor and 

20    certainly associate myself with her comments and 

21    the comments of my colleagues, especially those 

22    who also serve as volunteer firefighters.  Thank 

23    you very much for your service.  

24                 I think it's also important to point 

25    out, on top of being volunteers, they also -- 


                                                               3660

 1    about 90 percent of the calls are actually 

 2    EMS calls, emergency calls.  These are heart 

 3    attacks, car accidents, not just fires that these 

 4    folks respond to.  The training is extensive.  

 5    The risk is great.  And God bless them because in 

 6    rural areas like I represent, they are literally 

 7    the only line of defense in some cases.  

 8                 I will tell a quick story about a 

 9    time when -- I live in a place called Sunset Bay, 

10    which often floods.  We had a situation a few 

11    years back where there was a flood, and the bay 

12    was evacuated, but our firefighters remained 

13    behind at the fire hall in Sunset Bay.  And thank 

14    God they did, because a fire broke out at a house 

15    in these icy cold waters in February that were 

16    flooding our bay.  

17                 These volunteer fighters waded into 

18    those rushing waters, with downed power lines 

19    around them, to fight that house fire.  And thank 

20    God they did -- otherwise, it would have spread 

21    to possibly dozens of other houses.  

22                 That's the kind of sacrifice our 

23    volunteer firefighters make.  And this is a great 

24    day to honor them, and thank you all.  And God 

25    bless all that serve.  


                                                               3661

 1                 Thank you.

 2                 ACTING PRESIDENT PERSAUD:   Senator 

 3    Martins on the resolution.

 4                 SENATOR MARTINS:   Thank you, 

 5    Madam President.  

 6                 I too rise to support this 

 7    resolution.  I want to thank Senator May for 

 8    bringing it before the house.

 9                 You know, you think about the world 

10    we live in; people lament the fact that we 

11    probably live in a world that's more selfish 

12    today than perhaps it has been in prior 

13    generations.  And then you look at those people 

14    who volunteer, who put themselves in the line of 

15    danger for their fellow residents, for community 

16    members, sometimes total strangers -- committing 

17    that at a call that they will leave their homes, 

18    the safety of their homes, sometimes in the 

19    middle of the night, not knowing what they will 

20    face, but they will go out there and face it 

21    because it is for the good of the community.

22                 People have mentioned that the fire 

23    service, and the volunteer fire service in 

24    particular, are the backbones of our suburban and 

25    rural communities.  And that's true, 


                                                               3662

 1    Madam President.  I don't know a single volunteer 

 2    firefighter who also isn't a member of several 

 3    other volunteer organizations -- isn't teaching 

 4    Little League, isn't imparting some part of 

 5    themselves to someone else, isn't active and 

 6    volunteering in other things that make our 

 7    communities what they are.  

 8                 And so to all of the members of this 

 9    chamber, past and present, who have volunteered, 

10    a heartfelt thank you.  To our entire volunteer 

11    fire service across the state, a great thank you.

12                 And I do applaud the efforts in this 

13    budget and in prior budgets not only to support 

14    the fire service, but also hopefully to 

15    incentivize continued volunteerism, because it is 

16    a great part of who we are as the great State of 

17    New York.

18                 Madam President, I vote aye.

19                 ACTING PRESIDENT PERSAUD:   Senator 

20    Harckham on the resolution.

21                 SENATOR HARCKHAM:   Thank you very 

22    much, Madam President.  

23                 I'd like to thank Senator May for 

24    sponsoring this resolution.  And it's remarkable, 

25    the bipartisan spirit of support for this 


                                                               3663

 1    resolution.  

 2                 I want to join my colleagues.  Much 

 3    has been said already about the value and the 

 4    service of our volunteer firefighters.  A 

 5    majority of my district are volunteers, although 

 6    I do have some paid professionals as well.  And 

 7    what I will say is the only difference is one 

 8    group gets paid, and one group are volunteer.  

 9    Their training is exactly the same.  They take 

10    the same classes, the same requirements, the same 

11    certifications as professionals.  Only in the 

12    volunteer case, they do it for their love of 

13    community and love of their neighbors.  

14                 And I share what I've heard from 

15    other colleagues today is they are not just 

16    responding to fires -- traffic accidents, 

17    overdoses.  In fact, most of the Narcan trainings 

18    that we've done in the district we have done in 

19    firehouses, because they are often the first on 

20    the scene.  

21                 Other colleagues have mentioned the 

22    time they spend away from their homes.

23                 But the other thing that we want to 

24    mention is the money that they save taxpayers in 

25    many of our municipalities.  We did a study years 


                                                               3664

 1    ago, when I was a county legislator, about just 

 2    one of our communities, and that if they had to 

 3    have -- they have three different volunteer 

 4    companies.  If just one of those were converted 

 5    to a paid fire department, it would have tripled 

 6    the budget of that town, would have tripled it.

 7                 And so that's a value they bring.  

 8    People who put their heart and soul into serving 

 9    their community, but saving valuable taxpayer 

10    dollars.

11                 So I'm proud to support this 

12    resolution, proud to vote aye.  And once again, I 

13    thank Senator May for bringing it to the floor.

14                 Thank you, Madam President.

15                 ACTING PRESIDENT PERSAUD:   Senator 

16    Weber on the resolution.

17                 SENATOR WEBER:   Thank you, 

18    Madam President.  

19                 I'd also like to thank Senator May 

20    for bringing this very important issue up for a 

21    vote today.

22                 You know, Rockland County is an 

23    all-volunteer fire department, and the work that 

24    they do is invaluable.  As many of my colleagues 

25    have mentioned, I've gone to a lot of fire 


                                                               3665

 1    installation dinners recently, and we've 

 2    recognized people for 70 years of service.  

 3    Unbelievable amount of service.  It's a family 

 4    affair, in most cases.  You see people from 

 5    grandfathers to their grandchildren on the same 

 6    fire department.  

 7                 And it's a very important service 

 8    that they provide.  Senator Harckham is right.  

 9    You know, the amount of money that we save as 

10    taxpayers at the county level, at the town and 

11    village level, is amazing.  And if we had a paid 

12    fire department, taxes would be that much higher.  

13                 So we really need to make sure that 

14    we appreciate the service that they do every day, 

15    and I proudly vote aye on the resolution.

16                 ACTING PRESIDENT PERSAUD:   Senator 

17    Jackson on the resolution.

18                 SENATOR JACKSON:   Thank you, 

19    Madam President.  

20                 I rise as a New York City resident, 

21    and we do not have volunteer firefighters.  But I 

22    do recognize the work that all of you have done 

23    as volunteer firefighters to keep our residents 

24    safe.  And as all of you have said, not only in 

25    fires, but in car accidents, in medical 


                                                               3666

 1    emergencies, it's extremely important.  

 2                 And I just imagine if I'm driving 

 3    upstate and if you were not there in an 

 4    emergency, I may be dead.  

 5                 The bottom line is, let me thank you 

 6    for your service.  My colleague that I sit next 

 7    to for the past four years, let me thank you for 

 8    putting this forward.  And I recognize the 

 9    dedication and time spent by volunteer 

10    firefighters.  

11                 And I vote aye, Madam President.

12                 ACTING PRESIDENT PERSAUD:   Senator 

13    Canzoneri-Fitzpatrick on the resolution.

14                 SENATOR CANZONERI-FITZPATRICK:  

15    Thank you, Madam President.  

16                 I too rise to thank the sponsor for 

17    this resolution.  

18                 I had the privilege of serving as 

19    the fire commissioner in my hometown, and I know 

20    all too well that there is so much time that goes 

21    into service, not just in responding to the calls 

22    but in training and in meetings.  And it's not 

23    just the person that's the volunteer, but it's 

24    also the family who supports their loved one in 

25    servicing -- in serving their community.


                                                               3667

 1                 Just yesterday I had the privilege 

 2    of swearing in officers of the Lakeview 

 3    Fire Department, one of whom is my 21-year-old 

 4    nephew, who just became a second lieutenant.  

 5                 And I think it's so important that 

 6    we do everything we can to encourage the next 

 7    generation to serve, and how important it is.  

 8    Because as was just said, on Long Island we could 

 9    not afford to provide the service that our 

10    volunteers give us.

11                 So thank you, Senator May, for this 

12    resolution, and I proudly vote aye.

13                 ACTING PRESIDENT PERSAUD:   Senator 

14    Weik on the resolution.

15                 SENATOR WEIK:   Thank you, 

16    Madam President.  

17                 I rise to say thank you to all of 

18    our volunteers, especially the ones on 

19    Long Island who have come to my rescue on more 

20    than one occasion.  We had our first house fire 

21    when I was eight months pregnant with my first 

22    child.  And I'm so very grateful for the work 

23    that they did, making sure that my house was kept 

24    intact and that we were back in safe and sound.  

25                 They also came to my rescue when I 


                                                               3668

 1    was in a car accident one time.  They were first 

 2    on scene, making sure that I got to the hospital.  

 3    And I'm so very grateful for the work that they 

 4    do.  They serve our community day and night.  

 5    They pour their heart and soul into making sure 

 6    that they meet all the requirements that are 

 7    asked of them.

 8                 And from that, I just say thank you 

 9    very, very much to all of our volunteer 

10    firefighters.  

11                 And for that, I vote aye.  Thank 

12    you.

13                 ACTING PRESIDENT PERSAUD:   The 

14    resolution was previously adopted on May 5th.

15                 Senator Gianaris.

16                 SENATOR GIANARIS:   Madam President, 

17    let me just say I appreciate that the day we 

18    recognize our great firefighters, last Thursday, 

19    was also Star Wars Day.  

20                 (Laughter.)

21                 SENATOR GIANARIS:  So may the force 

22    be with them.  

23                 (Laughter.)

24                 SENATOR GIANARIS:   Can we now 

25    recognize Senator Krueger for an introduction.


                                                               3669

 1                 ACTING PRESIDENT PERSAUD:   Senator 

 2    Krueger for an introduction.

 3                 SENATOR KRUEGER:   Thank you, 

 4    Madam President.  

 5                 I rise today to welcome guests from 

 6    the German Republic of Saxony, a delegation of 

 7    members of parliament, and the consulate general 

 8    from New York, David Gill, and the minister- 

 9    president of the Free State of Saxony, 

10    Michael Kretschmer, and about 16 others.  Only 

11    three of them are here with us now; we've spread 

12    them out all over New York State.  

13                 So I would like us to welcome 

14    Susann Leithoff, Franziska Schubert, and 

15    Albrecht Pallas.  And they are all members of the 

16    Parliament of the State of Saxony.  

17                 And I think their visit to us today 

18    exemplifies the strong and important relationship 

19    between the United States, New York State, and 

20    Germany.  It's an alliance that provides the 

21    world with a lesson on leadership, cooperation, 

22    and both countries' commitment to global freedom 

23    and democracy.

24                 New York -- I think many of us know 

25    this -- has a huge percentage of our population 


                                                               3670

 1    with German descent.  Ten percent of New Yorkers 

 2    are of German descent.  We have a particularly 

 3    strong partnership with Germany in today's 

 4    economy.  As of January this year, Germany was 

 5    New York's third-largest destination for exports, 

 6    totaling almost $426 million annually.  

 7                 I think everyone here knows about 

 8    Global Foundries, just down the road in Malta, 

 9    one of the world's largest semiconductor 

10    manufacturers.  

11                 Many of our state's towns are named 

12    after German towns, including Austerlitz, Berne, 

13    Hamburg, Mecklenburg, and Potsdam, to name just a 

14    few.  

15                 And anybody who has visited almost 

16    anywhere knows that you can have fabulous German 

17    food here in New York.  I actually proudly 

18    represent the Yorkville section of Manhattan, 

19    which was always known as Little German Town, and 

20    still has a few excellent German restaurants and, 

21    more importantly, a magnificent wholesale 

22    supermarket, Schaller & Weber, who is also in my 

23    district.  

24                 I strongly believe that we are all 

25    better off for having such a strong relationship 


                                                               3671

 1    with the country of Germany.  I'm very proud to 

 2    have had an opportunity to meet with the 

 3    delegation from Saxony.  And I know we will 

 4    continue to work together through all the 

 5    challenges all of our nations face in this world.  

 6                 So I'd like to thank our guests for 

 7    their visit and offer them all the privileges of 

 8    the house.

 9                 Thank you, Madam President.

10                 ACTING PRESIDENT PERSAUD:   To our 

11    guests, I welcome you on behalf of the Senate.  

12    We extend to you the privileges and courtesies of 

13    this house.  

14                 Please rise and be recognized.

15                 (Standing ovation.)

16                 ACTING PRESIDENT PERSAUD:   Senator 

17    Gianaris.

18                 SENATOR GIANARIS:   Can we now call 

19    on Senator Scarcella-Spanton for an introduction.

20                 ACTING PRESIDENT PERSAUD:   Senator 

21    Scarcella-Spanton for an introduction.

22                 SENATOR SCARCELLA-SPANTON:   Thank 

23    you, Madam President.  

24                 I rise today to acknowledge the 

25    Garvin family that is here with us today to honor 


                                                               3672

 1    Eric Garvin's memory and celebrate his life.  

 2                 Earlier this year we lost Eric 

 3    Garvin to a senseless act of violence while he 

 4    was traveling abroad doing the thing that he 

 5    loved the most.  

 6                 Eric was an innovative and effective 

 7    professional with years of experience in 

 8    community work and public safety, serving our 

 9    city in the Mayor's Office of Criminal Justice.  

10                 The Garvin family comes from an 

11    indelible Staten Island family, and we have many 

12    of his family members here with us today.  We 

13    have so many members of the community.  I want to 

14    commend and thank Assemblymember Charles Fall for 

15    bringing them up.  Our former councilmember, 

16    Debi Rose, is here as well.  

17                 And I want to thank especially 

18    Colonel Eric Garvin, Sr., his dad, Anna Marie and 

19    Naomi Garvin, and of course Ms. Marjorie Garvin, 

20    who's here with us as well.  

21                 To Mr. and Mrs. Garvin, I am so 

22    sorry for your loss.  Your son's memory will live 

23    on forever.  You are in our thoughts and prayers.  

24    And I hope today we made this special for you, 

25    and we will continue to keep his memory alive.


                                                               3673

 1                 Thank you.

 2                 (Applause.)

 3                 ACTING PRESIDENT PERSAUD:   To our 

 4    guests, I welcome you on behalf of the Senate.  

 5    We extend to you the privileges and courtesies of 

 6    this house.  

 7                 Please rise and be recognized.

 8                 (Extended standing ovation.)

 9                 ACTING PRESIDENT PERSAUD:   Senator 

10    Gianaris.

11                 SENATOR GIANARIS:   Now please 

12    recognize Senator Mayer for an introduction.

13                 ACTING PRESIDENT PERSAUD:   Senator 

14    Mayer for an introduction.

15                 SENATOR MAYER:   Thank you, 

16    Madam Speaker.  

17                 Today I'm very pleased to introduce 

18    a number of women, young women up in the gallery 

19    from the UMass Women Into Leadership program.  

20    I've been honored to meet with women in this 

21    program each year that I've served here.  

22                 This is based at the University of 

23    Massachusetts, in the College of Social and 

24    Behavioral Sciences.  But it is a program that 

25    encourages young women to learn about public 


                                                               3674

 1    service, to be exposed to leadership and pathways 

 2    into leadership, and to have the opportunity to 

 3    work together to build their confidence and to 

 4    help them determine how they can best contribute 

 5    to our community.

 6                 Designed to provide hands-on 

 7    training and practical preparation for a career 

 8    in politics, government and public leadership, 

 9    this group is organized around four central 

10    components:  Leadership training, shared 

11    community through assigned mentors and 

12    networking, academic instruction, and applied 

13    experience through internships and job shadowing.

14                 I met with these young women earlier 

15    today, and we had a very thoughtful conversation.  

16    I encouraged them all to consider being among my 

17    younger colleagues who are running for office in 

18    the communities they serve.

19                 And I would say, very proudly, that 

20    I found one of my first employees as a legislator 

21    through this program, and she turned out to be 

22    not only a fantastic employee but someone who 

23    found her own voice and things that she was 

24    passionate about, and went on to fight about 

25    them.


                                                               3675

 1                 Please recognize the director, 

 2    Michelle Goncalves, and these wonderful guests, 

 3    these young women who are going on to very bright 

 4    futures.  

 5                 Thank you, Madam President.

 6                 ACTING PRESIDENT PERSAUD:   To our 

 7    guests, I welcome you on behalf of the Senate.  

 8    We extend to you the privileges and courtesies of 

 9    this house.  

10                 Please rise and be recognized.

11                 (Standing ovation.)

12                 ACTING PRESIDENT PERSAUD:   Senator 

13    Gianaris.

14                 SENATOR GIANARIS:   Madam President, 

15    Senator May would like to open the resolution we 

16    took up earlier for cosponsorship.

17                 ACTING PRESIDENT PERSAUD:   The 

18    resolution is open for cosponsorship.  Should you 

19    choose not to be a cosponsor of the resolution, 

20    please notify the desk.

21                 Senator Gianaris.

22                 SENATOR GIANARIS:   Can we now take 

23    up the calendar, please.

24                 ACTING PRESIDENT PERSAUD:   The 

25    Secretary will read.


                                                               3676

 1                 THE SECRETARY:   Calendar Number 70, 

 2    Senate Print 101A, by Senator Ryan, an act to 

 3    amend the Vehicle and Traffic Law and the 

 4    Real Property Law.

 5                 ACTING PRESIDENT PERSAUD:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 9.  This 

 8    act shall take effect one year after it shall 

 9    have become a law.

10                 ACTING PRESIDENT PERSAUD:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT PERSAUD:   Announce 

14    the results.

15                 THE SECRETARY:   Ayes, 61.

16                 ACTING PRESIDENT PERSAUD:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    191, Senate Print 1812, by Senator Addabbo, an 

20    act to establish a commission to be known as the 

21    "New York Seawall Study Commission."

22                 ACTING PRESIDENT PERSAUD:   Read the 

23    last section.

24                 THE SECRETARY:   Section 2.  This 

25    act shall take effect immediately.  


                                                               3677

 1                 ACTING PRESIDENT PERSAUD:   Call the 

 2    roll.

 3                 (The Secretary called the roll.)

 4                 ACTING PRESIDENT PERSAUD:   Announce 

 5    the results.

 6                 THE SECRETARY:   Ayes, 61.

 7                 ACTING PRESIDENT PERSAUD:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    404, Senate Print 1448A, by Senator Sanders, an 

11    act to amend the Education Law.

12                 ACTING PRESIDENT PERSAUD:   Read the 

13    last section.

14                 SENATOR LANZA:   Lay it aside.

15                 ACTING PRESIDENT PERSAUD:  Lay it 

16    aside.

17                 THE SECRETARY:   Calendar Number 

18    443, Senate Print 4899, by Senator Rolison, an 

19    act to amend the Highway Law.

20                 ACTING PRESIDENT PERSAUD:   Read the 

21    last section.

22                 THE SECRETARY:   Section 3.  This 

23    act shall take effect immediately.

24                 ACTING PRESIDENT PERSAUD:   Call the 

25    roll.


                                                               3678

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT PERSAUD:   Senator 

 3    Rolison to explain his vote.

 4                 SENATOR ROLISON:   Thank you, 

 5    Madam President.  

 6                 I want to thank my colleague 

 7    Senator Kennedy and the members of the 

 8    Transportation Committee for bringing this out 

 9    and getting this to the floor.

10                 I wanted to just take a brief moment 

11    to talk about this individual.  Chief Daniel 

12    Nimham was a sachem, which means a leader, of the 

13    Wappinger people.  He was a diplomat, a combat 

14    veteran, a friend of the patriot cause, and a man 

15    of enormous integrity and humility who affected 

16    all those who knew him.  

17                 And despite these admirable 

18    qualities, however, Chief Nimham was someone who 

19    rarely figures into the history of the 

20    American Revolution.  He is what we would call a 

21    forgotten founder.

22                 With the naming of this state 

23    highway in the Town of Fishkill today, it is my 

24    sincere belief that we can begin to rectify this 

25    oversight and place Chief Nimham in the pantheon 


                                                               3679

 1    of American heroes, where he absolutely rightly 

 2    belongs.  

 3                 He was born around 1726, and he was 

 4    raised in Fishkill, New York.  And it's said that 

 5    Daniel learned English from a neighbor and a 

 6    friend, Madam Brett, whose homestead is still in 

 7    Dutchess County today and is the oldest homestead 

 8    in that county.  

 9                 His language skills and good nature 

10    quickly elevated him as a capable negotiator and 

11    spokesman for the Wappinger Indians, who had 

12    settled lands in the Hudson Valley a century 

13    before he was born.  Now, he fought in the French 

14    and Indian War on the side of the British, but he 

15    became frustrated when the Crown government 

16    ignored Wappinger property claims following that 

17    conflict.  

18                 So he argued these disputes in 

19    courts of law, even taking his claims to London, 

20    along with a delegation of Native Americans.  And 

21    unfortunately these claims too were denied by the 

22    King's government.  

23                 He now had a choice to make:  Give 

24    up the fight for freedom and justice, or join the 

25    cause of independence.  In 1777, the diplomat put 


                                                               3680

 1    away his legal texts and picked up a sword.  

 2                 Together with his son, Captain 

 3    Abraham Nimham, Daniel would lead his people in 

 4    the Stockbridge Militia, which was an 

 5    all-volunteer company of Native Americans, mostly 

 6    Mohicans, organized by General George Washington.  

 7                 This militia was with General 

 8    Washington at Valley Forge and fought bravely 

 9    alongside white and Black Continental Army 

10    soldiers at the Battle of Saratoga, which many 

11    military experts consider to be the turning point 

12    of the American Revolution.  

13                 In August of 1778, he was killed in 

14    action.  His men were ambushed at the Battle of 

15    Kingsbridge, which is today Van Cortlandt Park in 

16    the Bronx.

17                 Now, with his last words he said he 

18    was old and aged as a tree and thus would stand 

19    and die there.  His prophecy came true.  Chief 

20    Daniel Nimham and most Native Americans of the 

21    60-odd Stockbridge company were killed that day 

22    beneath a canopy of hardwoods in the 

23    Northwest Bronx.

24                 Thus had the diplomat soldier laid 

25    down his life for the freedom and independence of 


                                                               3681

 1    two homelands -- the Hudson Highlands territory 

 2    of the Wappingers, and the emergent 

 3    United States.  

 4                 Madam President, this act to 

 5    memorialize one of Fishkill's state highways in 

 6    tribute of Chief Daniel Nimham I believe will go 

 7    a long way to returning Chief Nimham and 

 8    New York's Native American population to the 

 9    center of the War for Independence and early 

10    history of our nation.  

11                 It's a small but it's an important 

12    reminder of the contributions of the previously 

13    unsung groups to the American story, as well as a 

14    proper appreciation of the past can help us forge 

15    a more perfect union today.

16                 I'll just close with this, 

17    Madam President.  In 1968, in the fifth grade, I 

18    was on Nimham Mountain in Putnam County.  I 

19    climbed a fire tower with my friend Richard 

20    Ricon.  It took this bill and this action of this 

21    Senate -- now I understand the importance of that 

22    mountain, why it was named for that person, who 

23    gave us the opportunity to be free and to be 

24    here.  

25                 And I proudly support this bill, 


                                                               3682

 1    Madam President.

 2                 ACTING PRESIDENT PERSAUD:   Senator 

 3    Rolison to be recorded in the affirmative.

 4                 Announce the results.

 5                 THE SECRETARY:   Ayes, 61.

 6                 ACTING PRESIDENT PERSAUD:   The bill 

 7    is passed.

 8                 Senator Lanza.

 9                 SENATOR LANZA:   Madam President, 

10    could we please pause in recognition of the 

11    passage of Senator Rolison's first bill.

12                 ACTING PRESIDENT PERSAUD:   

13    Congratulations, Senator.  

14                 (Standing ovation.)

15                 ACTING PRESIDENT PERSAUD:   The 

16    Secretary will read.

17                 THE SECRETARY:   Calendar Number 

18    461, Senate Print 2349A, by Senator Myrie, an act 

19    to amend the Election Law.

20                 SENATOR LANZA:   Lay it aside.

21                 ACTING PRESIDENT PERSAUD:   Lay it 

22    aside.

23                 THE SECRETARY:   Calendar Number 

24    486, Senate Print 4459, by Senator Ashby, an act 

25    to amend the State Law.


                                                               3683

 1                 ACTING PRESIDENT PERSAUD:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 2.  This 

 4    act shall take effect on the first of January.

 5                 ACTING PRESIDENT PERSAUD:   Call the 

 6    roll.  

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT PERSAUD:   Senator 

 9    Ashby to explain his vote.

10                 SENATOR ASHBY:   Thank you, 

11    Madam President.

12                 I want to thank my colleagues for 

13    joining me in support of this bill, and thank 

14    every Purple Heart recipient for their 

15    sacrifice -- and some of which made the ultimate 

16    sacrifice.  

17                 The Purple Heart is a little 

18    different in terms of military recognitions and 

19    awards, in that the criteria for it and the 

20    process, the award process, is expedited.  You 

21    have to be wounded while facing an enemy 

22    combatant, and that's it.  

23                 Some of the other awards -- 

24    Bronze Star, ARCOM with Valor, Silver Star, they 

25    require a lengthy approval process, review 


                                                               3684

 1    boards, and can take a long time.  

 2                 But the Purple Heart is pretty 

 3    simple:  Were you wounded defending our country?  

 4    And that's it.  And so too should our reverence 

 5    be for their sacrifice.  

 6                 I vote aye.

 7                 ACTING PRESIDENT PERSAUD:   Senator 

 8    Ashby to be recorded in the affirmative.

 9                 Announce the results.

10                 THE SECRETARY:   Ayes, 61.

11                 ACTING PRESIDENT PERSAUD:   The bill 

12    is passed.

13                 Senator Lanza.

14                 SENATOR LANZA:   Madam President, 

15    can we pause in recognition of Senator Ashby 

16    having his first bill.  

17                 ACTING PRESIDENT PERSAUD:   

18    Congratulations, Senator.

19                 (Standing ovation.)

20                 ACTING PRESIDENT PERSAUD:   The 

21    Secretary will read.

22                 THE SECRETARY:   Calendar Number 

23    542, Senate Print 1899, by Senator Stavisky, an 

24    act to amend the Executive Law.

25                 ACTING PRESIDENT PERSAUD:   Read the 


                                                               3685

 1    last section.

 2                 THE SECRETARY:   Section 2.  This 

 3    act shall take effect on the first of January.

 4                 ACTING PRESIDENT PERSAUD:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT PERSAUD:   Announce 

 8    the results.

 9                 THE SECRETARY:   Ayes, 61.

10                 ACTING PRESIDENT PERSAUD:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    560, Senate Print 5082, by Senator Fernandez, an 

14    at to establish a Latina suicide prevention task 

15    force.

16                 ACTING PRESIDENT PERSAUD:   Read the 

17    last section.

18                 THE SECRETARY:   Section 2.  This 

19    act shall take effect on the 60th day after it 

20    shall have become a law.

21                 ACTING PRESIDENT PERSAUD:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT PERSAUD:   Senator 

25    Fernandez to explain her vote.


                                                               3686

 1                 SENATOR FERNANDEZ:   Thank you, 

 2    Madam President.

 3                 Suicide amongst Latina teens has 

 4    reached epidemic levels, and they need our care 

 5    and support.  Latinas, specifically young 

 6    Latinas, are the demographic with the highest 

 7    suicide rate in New York City.  Nearly one-third 

 8    of them have said that they have struggled with 

 9    depression.  

10                 According to the Centers for Disease 

11    Control and Prevention, one out of seven teenage 

12    Latinas attempts suicide, a rate higher than any 

13    other teenage ethnic group nationwide.  This 

14    should scare you, as it does me.  Our Latina 

15    youth in this country face enormous obstacles and 

16    pressures, and we need to make sure that they 

17    don't feel like there is no other way.  

18                 For many Latinas, especially first 

19    generation, from a young age we are responsible 

20    for our family navigating the systems in a new 

21    country with a new language, acting as a 

22    translator, accountant, caretaker, all while 

23    going to school and holding a job and sometimes 

24    caring for the family.  That is a tremendous 

25    amount for anyone to handle, regardless of age or 


                                                               3687

 1    ethnicity.  

 2                 But beyond that, young Latinas have 

 3    the pressure to succeed in America while at the 

 4    same time uphold deep cultural traditions to 

 5    honor our families and their sacrifice and 

 6    continue their legacy.  Like many cultures, 

 7    unfortunately, there is a stigma attached to 

 8    mental health and getting help when you know you 

 9    need mental health.  This breaks my heart.  

10                 That is why I feel so strongly about 

11    this task force and the immediate creation of it.  

12    Latinas around the state need to see our faces 

13    and hear our voices telling them that they are 

14    not alone and that there is a whole community out 

15    there ready to hear them and know their 

16    experiences.  

17                 Not only do we hear you, but we are 

18    here to help you.  We are assembling experts from 

19    around the state to attack this issue head on, as 

20    well as to conduct the research to direct our 

21    efforts to areas that need it most and discover 

22    potentially areas that have been overlooked.  

23                 We are talking about Latina suicide 

24    prevention, but the beauty of this task force is 

25    that it will benefit all women, particularly 


                                                               3688

 1    fellow young women of color who share so many of 

 2    these similar struggles.

 3                 Thank you, and I vote aye.

 4                 ACTING PRESIDENT PERSAUD:   Senator 

 5    Fernandez to be recorded in the affirmative.

 6                 Announce the results.

 7                 THE SECRETARY:   Ayes, 61.

 8                 ACTING PRESIDENT PERSAUD:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    601, Senate Print 5905, by Senator Brisport, an 

12    act to amend the Real Property Actions and 

13    Proceedings Law.  

14                 SENATOR LANZA:   Lay it aside.

15                 ACTING PRESIDENT PERSAUD:   Lay it 

16    aside.

17                 THE SECRETARY:   Calendar Number 

18    616, Senate Print 5603, by Senator Comrie, an act 

19    to amend the Public Authorities Law.

20                 ACTING PRESIDENT PERSAUD:   Read the 

21    last section.

22                 THE SECRETARY:   Section 2.  This 

23    act shall take effect immediately.

24                 ACTING PRESIDENT PERSAUD:   Call the 

25    roll.


                                                               3689

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT PERSAUD:   Announce 

 3    the results.

 4                 THE SECRETARY:   Ayes, 61.

 5                 ACTING PRESIDENT PERSAUD:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    618, Senate Print 6285, by Senator Comrie, an act 

 9    to amend the Not-For-Profit Corporation Law.

10                 ACTING PRESIDENT PERSAUD:   Read the 

11    last section.

12                 THE SECRETARY:   Section 3.  This 

13    act shall take effect immediately.  

14                 ACTING PRESIDENT PERSAUD:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT PERSAUD:   Announce 

18    the results.  

19                 THE SECRETARY:   Ayes, 61.

20                 ACTING PRESIDENT PERSAUD:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    631, Senate Print 5890, by Senator Breslin, an 

24    act to amend the Insurance Law.

25                 ACTING PRESIDENT PERSAUD:   Read the 


                                                               3690

 1    last section.

 2                 THE SECRETARY:   Section 2.  This 

 3    act shall take effect immediately.

 4                 ACTING PRESIDENT PERSAUD:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT PERSAUD:   Announce 

 8    the results.

 9                 THE SECRETARY:   Ayes, 61.

10                 ACTING PRESIDENT PERSAUD:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    641, Senate Print 5442, by Senator 

14    Scarcella-Spanton, an act to amend the 

15    Real Property Tax Law.

16                 ACTING PRESIDENT PERSAUD:   Read the 

17    last section.

18                 THE SECRETARY:   Section 2.  This 

19    act shall take effect on the second day of 

20    January.

21                 ACTING PRESIDENT PERSAUD:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT PERSAUD:   Announce 

25    the results.


                                                               3691

 1                 THE SECRETARY:   Ayes, 61.

 2                 ACTING PRESIDENT PERSAUD:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    642, Senate Print 443, by Senator Skoufis, an act 

 6    to amend the Education Law.

 7                 ACTING PRESIDENT PERSAUD:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 2.  This 

10    act shall take effect immediately.

11                 ACTING PRESIDENT PERSAUD:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT PERSAUD:   Announce 

15    the results.

16                 THE SECRETARY:   In relation to 

17    Calendar Number 642, those Senators voting in the 

18    negative are Senators Ashby, Borrello, 

19    Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming, 

20    Lanza, Martins, Mattera, Murray, Oberacker, 

21    O'Mara, Ortt, Palumbo, Rhoads, Rolison, Stec, 

22    Tedisco, Walczyk, Weber and Weik.

23                 Ayes, 40.  Nays, 21.

24                 ACTING PRESIDENT PERSAUD:   The bill 

25    is passed.


                                                               3692

 1                 THE SECRETARY:   Calendar Number 

 2    649, Senate Print 6007, by Senator Parker, an act 

 3    to amend the Civil Practice Law and Rules.

 4                 ACTING PRESIDENT PERSAUD:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 2.  This 

 7    act shall take effect immediately.  

 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:   In relation to 

14    Calendar 649, those Senators voting in the 

15    negative are Senators Borrello, Gallivan, Griffo, 

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

17    Walczyk and Weik.

18                 Ayes, 50.  Nays, 11.

19                 ACTING PRESIDENT PERSAUD:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    652, Senate Print 4540, by Senator Ramos, an act 

23    to amend the Labor Law.

24                 ACTING PRESIDENT PERSAUD:   Read the 

25    last section.


                                                               3693

 1                 THE SECRETARY:   Section 2.  This 

 2    act shall take effect immediately.  

 3                 ACTING PRESIDENT PERSAUD:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT PERSAUD:   Announce 

 7    the results.

 8                 THE SECRETARY:   Ayes, 61.

 9                 ACTING PRESIDENT PERSAUD:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    660, Senate Print 3607, by Senator Webb, an act 

13    to amend the General Business Law.

14                 ACTING PRESIDENT PERSAUD:   Read the 

15    last section.

16                 THE SECRETARY:   Section 12.  This 

17    act shall take effect one year after it shall 

18    have become a law.

19                 ACTING PRESIDENT PERSAUD:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT PERSAUD:   Senator 

23    Webb to explain her vote.

24                 SENATOR WEBB:   Thank you, 

25    Madam President.  I rise to explain my vote.


                                                               3694

 1                 This legislation amends the General 

 2    Business Law to ensure that laser hair removal 

 3    technicians receive state-approved education and 

 4    training to practice in New York State.  

 5                 This is a very straightforward piece 

 6    of legislation that ensures that laser hair 

 7    removal technicians will follow the same 

 8    licensing schedule and regulations as the fields 

 9    of nail specialty, waxing, natural hair styling, 

10    esthetics and cosmetology.  

11                 This is a widely available service 

12    we have here in New York and employs 

13    approximately 20,000 estheticians.  Many of the 

14    med spas and small businesses that offer this 

15    service are minority- and women-owned businesses.  

16    By streamlining the licensure process and 

17    providing a transition to a more regulated 

18    industry, we can ensure that these businesses can 

19    continue to operate in the context of greater 

20    public protection.

21                 This is a commonsense measure 

22    intended to provide oversight and public 

23    protection by adding laser hair removal 

24    technicians to the group of appearance 

25    enhancement professionals that again are already 


                                                               3695

 1    regulated by the state.  We will ensure that 

 2    New Yorkers seeking this cosmetic procedure can 

 3    do so safely.  

 4                 I vote aye, and I encourage my 

 5    colleagues to do the same.  Thank you.

 6                 ACTING PRESIDENT PERSAUD:   Senator 

 7    Webb to be recorded in the affirmative.

 8                 Announce the results.

 9                 THE SECRETARY:   In relation to 

10    Calendar Number 660, voting in the negative:  

11    Senator Walczyk.  

12                 Ayes, 60.  Nays, 1.

13                 ACTING PRESIDENT PERSAUD:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    661, Senate Print 4036, by Senator Mannion, an 

17    act to amend the General Business Law.

18                 ACTING PRESIDENT PERSAUD:   Read the 

19    last section.

20                 THE SECRETARY:   Section 3.  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 


                                                               3696

 1    the results.

 2                 THE SECRETARY:   In relation to 

 3    Calendar Number 661, voting in the negative:  

 4    Senator Walczyk.

 5                 Ayes, 60.  Nays, 1.

 6                 ACTING PRESIDENT PERSAUD:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    707, Senate Print 5913A, by Senator Chu, an act 

10    to amend the Public Health Law.

11                 ACTING PRESIDENT PERSAUD:   Read the 

12    last section.

13                 THE SECRETARY:   Section 2.  This 

14    act shall take effect on the first of July.

15                 ACTING PRESIDENT PERSAUD:   Call the 

16    roll.  

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT PERSAUD:   Senator 

19    Chu to explain her vote.

20                 SENATOR CHU:   Thank you, 

21    Madam President.

22                 I rise today to explain my vote on 

23    this important piece of legislation.  

24                 Since 2018, free and accessible 

25    menstrual products have been available in public 


                                                               3697

 1    schools serving students from Grades 6 to 12.  

 2    Unfortunately, private school students were left 

 3    out of this requirement.  

 4                 This bill will require that 

 5    nonpublic school students also have access to 

 6    free menstrual products in school bathrooms, 

 7    reducing missed class time, destigmatizing 

 8    menstruation, and ensuring our students can fully 

 9    participate in our school activities.

10                 Today's students face pressures from 

11    social media, mental health challenges, and the 

12    residue effects of COVID.  Bodily autonomy for 

13    students who have periods should not be one more 

14    barrier they will face when it comes to their 

15    educational experience.

16                 For this reason, I vote aye.  

17                 Thank you.

18                 ACTING PRESIDENT PERSAUD:   Senator 

19    Chu to be recorded in the affirmative.

20                 Senator Webb to explain her vote.

21                 SENATOR WEBB:   Thank you, 

22    Madam President.  

23                 I want to thank my colleague 

24    Senator Chu for introducing this legislation, 

25    which would require that menstrual products are 


                                                               3698

 1    offered for free in nonprivate schools, ensuring 

 2    that these students have equal access to 

 3    menstrual products as do their public school 

 4    peers.

 5                 One of the things I wanted to 

 6    mention in my district in particular is that when 

 7    you think about access to menstrual products, 

 8    this is something that disproportionately impacts 

 9    people who are low-income.  And so just in my 

10    district alone, in Broome County, women are the 

11    largest demographic living in poverty.  Women 

12    ages 18 to 24 make up 12 percent of the 

13    population of folks who are living in poverty, 

14    and ages 25 to 34, around 7 percent.

15                 Menstruation products are a 

16    necessity, and far too many women living in 

17    poverty simply can't afford them.  In fact, 

18    government assistance programs do not even allow 

19    for the purchase of hygiene products with 

20    subsidies such as SNAP, for example.  

21                 For people who have to have these 

22    necessary products, it's not only to address 

23    their physical wellness but it also taps into 

24    their emotional state as well.  As the chair of 

25    the Women's Issues Committee, I'm proud to 


                                                               3699

 1    support legislation that normalizes women's 

 2    bodies and which erases the sense of shame that 

 3    is often still connected to our conversations 

 4    around menstruation, also known as the period.

 5                 The financial cost of menstruation, 

 6    a natural biological function experienced by more 

 7    than half of our population, should never be a 

 8    barrier to full participation in education, 

 9    sports, and other activities that allow for 

10    having an equitable quality of life.

11                 Again, I want to thank Senator Chu 

12    for bringing forth this important piece of 

13    legislation.  I will be voting aye, and I 

14    encourage my colleagues to do the same.

15                 Thank you.

16                 ACTING PRESIDENT PERSAUD:   Senator 

17    Webb to be recorded in the affirmative.

18                 Announce the results.  

19                 THE SECRETARY:   In relation to 

20    Calendar Number 707, those Senators voting in the 

21    negative are Senators Canzoneri-Fitzpatrick, 

22    Felder, Martins, Oberacker, O'Mara, Ortt, Rhoads, 

23    Walczyk and Weik.

24                 Ayes, 52.  Nays, 9.

25                 ACTING PRESIDENT PERSAUD:   The bill 


                                                               3700

 1    is passed.  

 2                 Senator Gianaris.

 3                 SENATOR GIANARIS:  Madam President, 

 4    I don't want Senator Lanza to have all the fun 

 5    today, so please recognize Senator Chu on the 

 6    passage of her first bill.

 7                 (Standing ovation.) 

 8                 ACTING PRESIDENT PERSAUD:   Senator 

 9    Gianaris, that completes the reading of today's 

10    calendar.

11                 SENATOR GIANARIS:   On to the 

12    controversial calendar.

13                 ACTING PRESIDENT PERSAUD:   The 

14    Secretary will ring the bell.

15                 The Secretary will read.

16                 THE SECRETARY:   Calendar Number 

17    404, Senate Print 1448A, by Senator Sanders, an 

18    act to amend the Education Law.

19                 ACTING PRESIDENT PERSAUD:   Senator 

20    Lanza, why do you rise?

21                 SENATOR LANZA:   Madam President, I 

22    believe there's an amendment at the desk.  I 

23    waive the reading of that amendment and ask that 

24    you recognize Senator Helming.

25                 ACTING PRESIDENT PERSAUD:   Thank 


                                                               3701

 1    you, Senator Lanza.  

 2                 Upon review of the amendment, in 

 3    accordance with Rule 6, Section 4B, I rule it 

 4    nongermane and out of order at this time.

 5                 SENATOR LANZA:   Accordingly, 

 6    Madam President, I appeal the ruling of the chair 

 7    and ask that Senator Helming be heard on the 

 8    appeal.

 9                 ACTING PRESIDENT PERSAUD:   The 

10    appeal has been made and recognized, and 

11    Senator Helming may be heard.

12                 SENATOR HELMING:   Thank you, 

13    Madam President.  

14                 I rise to appeal the ruling of the 

15    chair.  The proposed amendment is germane to the 

16    bill at hand, and let me explain why.

17                 The bill before us establishes a 

18    task force on safety in school transportation, 

19    while the amendment requires appointees of the 

20    Minority Leader of the Senate and the Minority 

21    Leader of the Assembly to be included in all 

22    legislatively enacted workgroups, task forces, 

23    commissions, and committees.  There really 

24    couldn't be any more germane piece of 

25    legislation.


                                                               3702

 1                 I want to start by thanking the 

 2    sponsor for bringing this legislation to the 

 3    floor.  The purpose, to address school safety, 

 4    including safety related to school 

 5    transportation, is a matter that's a high 

 6    priority and of extreme importance to all of us.

 7                 But unfortunately, like far too many 

 8    bills that come to this floor, this bill creates 

 9    a new task force and it doesn't provide the 

10    Minority Leader of either the Senate or the 

11    Assembly with any appointments.

12                 Committees, task forces and other 

13    workgroups established by the Legislature serve a 

14    very important purpose.  Working on behalf of the 

15    Legislature, these entities often collect data 

16    and information and provide recommendations back 

17    to the Legislature.  Ultimately it's often these 

18    recommendations that can influence legislative 

19    priorities and budget priorities.

20                 So for this reason, it's imperative 

21    that these committees are comprised of 

22    proportionally equal representation from both the 

23    majority and minority conferences.

24                 The same should be true for the 

25    appointments and composition of all legislatively 


                                                               3703

 1    enacted workgroups, commissions, councils, 

 2    advisory groups, committees, or any other 

 3    legislatively enacted and appointed groups or 

 4    panels.  New Yorkers have equal representation in 

 5    the Legislature.  They should also have 

 6    proportionally equal representation on the 

 7    legislatively enacted task force.  

 8                 This amendment would provide this 

 9    representation as well as ensure that the number 

10    of appointees by the Legislature shall be 

11    proportionally equivalent to the number of 

12    appointees by the Governor.  This check on the 

13    executive authority of the Governor is important 

14    to ensure the best interest of the state's 

15    citizens are legislatively represented.

16                 For these reasons, Madam President, 

17    I strongly urge you to reconsider your ruling and 

18    support the amendment before you.

19                 ACTING PRESIDENT PERSAUD:   Thank 

20    you, Senator.

21                 I want to remind the house that the 

22    vote is on the procedures of the house and the 

23    ruling of the chair.  

24                 Those in favor of overruling the 

25    chair, signify by saying aye.


                                                               3704

 1                 (Response of "Aye.")

 2                 SENATOR LANZA:   Request a show of 

 3    hands.

 4                 ACTING PRESIDENT PERSAUD:   Without 

 5    objection, so ordered.

 6                 Announce the results.

 7                 THE SECRETARY:   Ayes, 21.

 8                 ACTING PRESIDENT PERSAUD:   The 

 9    ruling of the chair stands, and the bill-in-chief 

10    is before the house.

11                 Senator Gianaris.

12                 SENATOR GIANARIS:   Madam President, 

13    we've agreed to restore the bill-in-chief to the 

14    noncontroversial calendar.  Please take it up 

15    that way.

16                 ACTING PRESIDENT PERSAUD:   The bill 

17    is restored to the noncontroversial calendar.

18                 Read the last section.

19                 THE SECRETARY:   Section 2.  This 

20    act shall take effect immediately.

21                 ACTING PRESIDENT PERSAUD:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT PERSAUD:   Announce 

25    the results.


                                                               3705

 1                 THE SECRETARY:   Ayes, 61.

 2                 ACTING PRESIDENT PERSAUD:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    461, Senate Print 2349A, by Senator Myrie, an act 

 6    to amend the Election Law.

 7                 ACTING PRESIDENT PERSAUD:   Senator 

 8    Murray, why do you rise?

 9                 SENATOR MURRAY:   Would the sponsor 

10    yield for a few questions.

11                 ACTING PRESIDENT PERSAUD:   Will the 

12    sponsor yield?

13                 SENATOR MYRIE:   Yes.

14                 ACTING PRESIDENT PERSAUD:   the 

15    sponsor yields.  

16                 SENATOR MURRAY:   Thank you, 

17    Senator Myrie.  

18                 Just for some clarification, 

19    Section 2, line 10 of the bill says:  "A 

20    qualified voter may vote as an absentee voter 

21    under this chapter from a residence at which the 

22    voter is registered to vote, including any 

23    residence to which the voter maintains a 

24    continuous connection with an intent to remain, 

25    such as a second or vacation home or a home where 


                                                               3706

 1    a student lives while attending a college or 

 2    university."

 3                 Could you tell me what the phrase 

 4    "intent to remain" -- what do we mean by that?  

 5                 SENATOR MYRIE:   Through you, 

 6    Madam President, that is a codification of what 

 7    the courts have already held in one case, 

 8    Ferguson v. McNabb at the Court of Appeals, 

 9    subsequently in appellate cases here in New York 

10    as well as federal New York cases, where the 

11    court said the focus should be on the intention 

12    of the voter, not the mere fact that there are 

13    multiple potential residencies.

14                 SENATOR MURRAY:   Madam President, 

15    will the sponsor continue to yield.

16                 ACTING PRESIDENT PERSAUD:  Does the 

17    sponsor yield?

18                 SENATOR MYRIE:  Yes.

19                 ACTING PRESIDENT PERSAUD:   The 

20    sponsor yields.  

21                 SENATOR MURRAY:   Thank you.

22                 Senator, how would this change 

23    current law?

24                 SENATOR MYRIE:   So in addition to 

25    the line that you just read out, this is mostly 


                                                               3707

 1    to serve as a clarification to poll workers who 

 2    have in the past erroneously not followed the 

 3    case law on this and have discarded ballots or 

 4    required affidavit ballots of the individuals 

 5    unnecessarily.  

 6                 And we saw the impact of this in the 

 7    22nd Congressional race, there was litigation 

 8    that came out of that, a race decided by 

 9    109 votes where 20 ballots were eliminated -- we 

10    believe erroneously -- and contrary to the 

11    case law.

12                 SENATOR MURRAY:   Madam President, 

13    would the sponsor continue to yield.  

14                 ACTING PRESIDENT PERSAUD:   Does the 

15    sponsor yield?

16                 SENATOR MYRIE:   Yes.

17                 ACTING PRESIDENT PERSAUD:   The 

18    sponsor yields.  

19                 SENATOR MURRAY:   So if I could 

20    spell out a scenario here.  We have multiple 

21    elections throughout the year.  We have village 

22    elections, library elections.  Next week we have 

23    school board elections and school budget votes.  

24    We have primary elections, general elections, 

25    firefighter commissioner elections, and sometimes 


                                                               3708

 1    special elections.  So all throughout the year, 

 2    at different times.  

 3                 So a scenario where someone owns a 

 4    home, say, in the city, a second home upstate or 

 5    maybe in the Hamptons.  If that person wanted to 

 6    vote for the mayor of New York City but also 

 7    wanted to vote for, say, a fire commissioner out 

 8    in the Hamptons, if this were to pass, would that 

 9    be possible?

10                 SENATOR MYRIE:   Through you, 

11    Madam President, it would not.  This simply 

12    empowers people to choose where they're 

13    registered to vote and clarifies for the court 

14    and for election workers that they have that 

15    choice.

16                 You still, by way of the other 

17    provisions in our Election Law, can only vote in 

18    one election district at a time.

19                 SENATOR MURRAY:   Very good.

20                 Thank you, Madam President.  Thank 

21    you.

22                 ACTING PRESIDENT PERSAUD:   Thank 

23    you.

24                 Are there any other Senators wishing 

25    to be heard?


                                                               3709

 1                 Seeing and hearing none, debate is 

 2    closed.

 3                 Senator Gianaris.

 4                 SENATOR GIANARIS:   Madam President, 

 5    we've also agreed to restore this bill to the 

 6    noncontroversial calendar.

 7                 ACTING PRESIDENT PERSAUD:   The bill 

 8    is restored to the noncontroversial calendar.

 9                 Read the last section.

10                 THE SECRETARY:   Section 3.  This 

11    act shall take effect immediately.

12                 ACTING PRESIDENT PERSAUD:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT PERSAUD:   Announce 

16    the results.  

17                 THE SECRETARY:   In relation to 

18    Calendar 461, those Senators voting in the 

19    negative are Senators Ashby, Borrello, 

20    Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming, 

21    Lanza, Martins, Mattera, Murray, Oberacker, 

22    O'Mara, Ortt, Palumbo, Rhoads, Rolison, Stec, 

23    Tedisco, Walczyk, Weber and Weik.

24                 Ayes, 40.  Nays, 21.

25                 ACTING PRESIDENT PERSAUD:   The bill 


                                                               3710

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    601, Senate Print 5905, by Senator Brisport, an 

 4    act to amend the Real Property Actions and 

 5    Proceedings Law.  

 6                 ACTING PRESIDENT PERSAUD:   Senator 

 7    Rhoads, why do you rise?

 8                 SENATOR RHOADS:   Madam President, 

 9    through you, if the Senator will yield to some 

10    questions.

11                 ACTING PRESIDENT PERSAUD:   Does the 

12    Senator yield?

13                 SENATOR BRISPORT:   Yes.

14                 ACTING PRESIDENT PERSAUD:   The 

15    Senator yields.

16                 SENATOR RHOADS:   Senator Brisport, 

17    thank you so much.

18                 Could you just explain for us the 

19    justification of the bill?  

20                 SENATOR BRISPORT:   Yes.  This bill 

21    prohibits dependent minors who are currently 

22    living with their parent or guardian from being 

23    named in eviction petitions or in records of 

24    eviction, specifically so that records of it 

25    don't follow the child afterwards into adulthood, 


                                                               3711

 1    affect their ability to seek housing on their 

 2    own, or their credit score.

 3                 SENATOR RHOADS:   Is there any 

 4    reason why --

 5                 ACTING PRESIDENT PERSAUD:   Senator, 

 6    are you asking the Senator to yield?  

 7                 SENATOR RHOADS:   Oh, yes, I 

 8    apologize, Madam President.  If the sponsor will 

 9    continue to yield.

10                 ACTING PRESIDENT PERSAUD:   Does the 

11    sponsor yield?

12                 SENATOR BRISPORT:   Yes.

13                 ACTING PRESIDENT PERSAUD:   The 

14    sponsor yields.

15                 SENATOR RHOADS:   Why wouldn't 

16    simply sealing the record be sufficient?

17                 SENATOR BRISPORT:   Through you, 

18    Madam President, this -- we -- it's important to 

19    cover all of our bases.  And so in addition to 

20    sealing the record of the court case, also the 

21    eviction warrant itself or the petition, to be 

22    thorough.

23                 SENATOR RHOADS:   If the sponsor 

24    will continue to yield.

25                 ACTING PRESIDENT PERSAUD:  Does the 


                                                               3712

 1    sponsor yield?

 2                 SENATOR BRISPORT:  Yes.

 3                 ACTING PRESIDENT PERSAUD:   The 

 4    sponsor yields.  

 5                 SENATOR RHOADS:   So does this seal 

 6    the warrant, or does it prevent a warrant from 

 7    being issued in the name of the minor child?

 8                 SENATOR BRISPORT:   Through you, 

 9    Madam President, this prevents the child from 

10    being listed on the warrant.

11                 SENATOR RHOADS:   Okay.  But not -- 

12    if I can -- will the sponsor continue to yield.  

13                 ACTING PRESIDENT PERSAUD:   Does the 

14    sponsor yield?

15                 SENATOR BRISPORT:  Yes.

16                 ACTING PRESIDENT PERSAUD:   The 

17    sponsor yields.

18                 SENATOR RHOADS:   But not on the 

19    petition itself.

20                 SENATOR BRISPORT:   Through you, 

21    Madam President, this bill also prevents the 

22    child from being listed on the petition.

23                 SENATOR RHOADS:   Okay.  Will the 

24    sponsor continue to yield.

25                 ACTING PRESIDENT PERSAUD:   Does the 


                                                               3713

 1    sponsor yield? 

 2                 SENATOR BRISPORT:  Yes.

 3                 ACTING PRESIDENT PERSAUD:  The 

 4    sponsor yields.  

 5                 SENATOR RHOADS:   Is this bill 

 6    consistent with the provisions of the 

 7    Tenant Protection Act of 2019, which requires all 

 8    residents of the domicile to be listed on the 

 9    petition?

10                 SENATOR BRISPORT:   (Conferring.) 

11    Through you, Madam President.  You know, we are 

12    not required to list children on the lease, and 

13    so there's not a requirement to list children on 

14    an eviction warrant or the petition.

15                 SENATOR RHOADS:   Will the sponsor 

16    yield to another question.

17                 ACTING PRESIDENT PERSAUD:   Does the 

18    sponsor yield?

19                 SENATOR BRISPORT:   Yes.

20                 ACTING PRESIDENT PERSAUD:   The 

21    sponsor yields.

22                 SENATOR RHOADS:   Thank you, 

23    Senator.

24                 My understanding is that the 

25    Tenant Protection Act of 2019 requires any 


                                                               3714

 1    resident of the home or the apartment be notified 

 2    of the existence of the petition and be named in 

 3    the petition as an affected party, for lack of a 

 4    better word.

 5                 In that case a minor child would 

 6    have to be named in the petition, would have to 

 7    be served with the petition.  Is there any 

 8    concern on your part that by preventing them from 

 9    doing so, it is inconsistent with the Tenant 

10    Protection Act of 2019?

11                 SENATOR BRISPORT:   Through you, 

12    Madam President, I have not seen that section of 

13    the HSTPA that requires every single occupant, 

14    including children, minors, to be listed on any 

15    eviction petition or warrant.  And I do not have 

16    concerns that it is inconsistent with the HSTPA.

17                 SENATOR RHOADS:  Will the sponsor 

18    yield to another question.  

19                 ACTING PRESIDENT PERSAUD:   Does the 

20    sponsor yield?

21                 SENATOR BRISPORT:   Yes.

22                 ACTING PRESIDENT PERSAUD:   The 

23    sponsor yields.  

24                 SENATOR RHOADS:   Would it be fair 

25    to say that if we have a disagreement with 


                                                               3715

 1    respect to what the Tenant Protection Act of 2019 

 2    says, it is not the intention of the sponsor 

 3    to -- through this bill to be inconsistent with 

 4    the Tenant Protection Act of 2019?

 5                 SENATOR BRISPORT:   Through you, 

 6    Madam President, the intention of this bill is 

 7    pretty clear.  It's to make sure that children, 

 8    minors, dependents on their parents or guardians 

 9    living with them, are not listed in the eviction 

10    warrant or the petition.  

11                 And to expand on that, this has been 

12    an issue not just in New York State but 

13    throughout the country, in states that have not 

14    even passed the HSTPA, is listing children or 

15    minors on eviction warrants.  

16                 SENATOR RHOADS:   On the bill, 

17    Madam President.

18                 ACTING PRESIDENT PERSAUD:   Senator 

19    Rhoads on the bill.

20                 SENATOR RHOADS:   Thank you.  I 

21    certainly understand the intention of the 

22    legislation.

23                 However, the Tenant Protection Act 

24    of 2019 requires minor children to be listed on 

25    the warrant.  And this particular bill requires 


                                                               3716

 1    the exact opposite.  We have two inconsistent 

 2    provisions of law, and no way for an actual 

 3    practitioner to be able to reconcile those two.

 4                 So while I certainly understand the 

 5    intention, and I would love to support the 

 6    legislation, I have to vote against it simply 

 7    because the reality is that we have two 

 8    inconsistent provisions of law.  And really if 

 9    we're going to do this, we should be modifying 

10    the Tenant Protection Act so that there's 

11    clarity, and not creating more confusion.

12                 ACTING PRESIDENT PERSAUD:   Are 

13    there any other Senators wishing to be heard?

14                 Seeing none, debate is closed.

15                 Senator Gianaris.

16                 SENATOR GIANARIS:   Once again, 

17    Madam President, if we could restore this to the 

18    noncontroversial calendar.

19                 ACTING PRESIDENT PERSAUD:   The bill 

20    is restored to the noncontroversial calendar.

21                 Read the last section.

22                 THE SECRETARY:   Section 4.  This 

23    act shall take effect immediately.

24                 ACTING PRESIDENT PERSAUD:   Call the 

25    roll.


                                                               3717

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT PERSAUD:   Senator 

 3    Brisport to explain his vote.

 4                 SENATOR BRISPORT:   Thank you so 

 5    much, Madam President.  

 6                 And thank you to the Democratic 

 7    Conference and also the leader for bringing this 

 8    bill to a vote.

 9                 This bill really strikes a personal 

10    chord with me.  When I was a teacher, I had a 

11    student that was a victim of an illegal lockout, 

12    an illegal eviction during COVID.  And it was 

13    particularly heartbreaking because this was a 

14    dream student, the kind of kid that always does 

15    their work, doesn't make any problems.  If 

16    anything, just too shy.  I'd always have to 

17    explain to him that he doesn't need to just, you 

18    know, ask me to come over and ask if he got the 

19    right answer but, you know, raise your hand and 

20    share with the class.  You know, you're good at 

21    math, you're a good math student.  

22                 And when our schools went 

23    all-virtual in March of 2020 at the onset of the 

24    pandemic, I lost all contact with the student, 

25    couldn't get him by his student records, his 


                                                               3718

 1    email for his parents, the phone number -- none 

 2    of that worked.  Didn't hear from them from March 

 3    of 2020 until October 2020, months later, in the 

 4    next school year, when I saw him and his mother 

 5    trying to reenroll in the school.  And they 

 6    explained to me that at the onset of the pandemic 

 7    that they had lost the grandfather in the family, 

 8    and when they went down south to go to the 

 9    funeral, when they came back, they had all their 

10    stuff out on the streets.  They had been 

11    illegally evicted.

12                 And the notion that that eviction 

13    can follow a student -- he's a 12-year-old kid -- 

14    for seven years, 10 years, 15 years, for no fault 

15    of his own, is -- you can see how traumatic it 

16    was for him to miss that much school and to miss 

17    out on opportunities.  And this bill will make a 

18    difference for children throughout our state.

19                 But I would also be remiss to not 

20    talk about how devastating and violent evictions 

21    are in general throughout our states, and have to 

22    bring up that over a million unregulated tenants 

23    throughout New York State are at risk of unjust 

24    evictions, having their lease discontinued for no 

25    reason, seeing rent hikes of hundreds of dollars 


                                                               3719

 1    or even over a thousand dollars.  

 2                 And it's imperative that after 

 3    passing this bill today -- and again, I thank the 

 4    Democratic Conference -- it's imperative that we 

 5    also move good cause eviction to a vote 

 6    immediately and vote yes.

 7                 Thank you.

 8                 ACTING PRESIDENT PERSAUD:   Senator 

 9    Brisport to be recorded in the affirmative.

10                 Senator Harckham to explain his 

11    vote.

12                 SENATOR HARCKHAM:   Thank you very 

13    much, Madam President.

14                 I want to thank Senator Brisport for 

15    this important bill.  

16                 And it's true, as we talk about with 

17    a whole bunch of records, things should not 

18    follow people for a lifetime in terms of credit, 

19    eviction.  And they impact people for the course 

20    of their lives.

21                 But this is also about a larger 

22    discussion about our housing crisis, about a 

23    short supply which is driving an affordability 

24    crisis.  And there are many components of that.  

25    Some of it have to do with the need for new 


                                                               3720

 1    building, as we discussed in the budget.  But the 

 2    best way to ensure housing is to keep folks in 

 3    the housing they have.

 4                 And so there are a number of 

 5    measures that we had put in our one-house budget.  

 6    I hope we will continue to explore those through 

 7    the remainder of this session.  Because 

 8    protecting tenants and keeping them in their 

 9    homes is -- and -- is really the first step and 

10    the best way to provide housing.  

11                 And then we should also be, as we 

12    discussed, moving on with the other aspects of 

13    creating housing.

14                 So with that, I want to thank the 

15    sponsor, and I vote aye.

16                 ACTING PRESIDENT PERSAUD:   Senator 

17    Harckham to be recorded in the affirmative.

18                 Senator May to explain her vote.

19                 SENATOR MAY:   Thank you, 

20    Madam President.

21                 I also rise to thank the sponsor for 

22    this bill that tries to reduce the harm that 

23    eviction causes to children.  

24                 I represent a city where it's 

25    estimated that about 10 percent of boys in 


                                                               3721

 1    high school are functionally homeless.  They're 

 2    couch surfing or, in any case, don't have a fixed 

 3    address.

 4                 And so the harm of eviction and of 

 5    housing instability follows kids in so many ways, 

 6    makes it hard for them to succeed in school.  It 

 7    makes -- it's traumatizing.  It's got just a 

 8    whole host of ill effects.  And this will 

 9    mitigate one of them.  

10                 But I agree with Senator Harckham 

11    and Senator Brisport that we need to be taking a 

12    more holistic approach, making sure we've got the 

13    kind of affordable, stable housing that can 

14    support our children, and that we are intervening 

15    to reduce unnecessary evictions as much as 

16    possible -- with good cause, with the right to 

17    counsel, making sure that our -- that tenants 

18    have the right to counsel in an eviction case, 

19    and every other way that we can assure housing 

20    stability.

21                 I vote aye.

22                 ACTING PRESIDENT PERSAUD:   Senator 

23    May to be recorded in the affirmative.

24                 Senator Jackson to explain his vote.

25                 SENATOR JACKSON:   Thank you, 


                                                               3722

 1    Madam President.  I rise to support the bill.  

 2                 In listening to the discussion on 

 3    the bill by both Senators, in favor and against, 

 4    I disagree with my colleague that this is a 

 5    violation of the 2019 Tenant Protection Act.  And 

 6    I will look at that a little further in order to 

 7    determine the validity of what he has to say.

 8                 But clearly, in dealing with tenants 

 9    associations, and myself as a tenant association 

10    leader where I live at, lease renewals are with 

11    the adults, not kids.  Kids had to be listed in 

12    the lease as being part of the family, but they 

13    don't have to sign.  The agreement is with the 

14    adults in there that's going to pay the rent and 

15    in charge of signing the contract for a lease.

16                 Clearly, though, I think that this 

17    is a good bill, you're not naming children that 

18    may be five, 10, 15, 18, even 25, when they're 

19    not signing the lease of agreement.

20                 And what's important in this is that 

21    this is an accountability matter with respect to 

22    responsibility of adults.  And that's why it's 

23    important for us to try to move towards a 

24    good-cause eviction bill and not deal with the 

25    fact that children should be named in any type of 


                                                               3723

 1    legal proceeding.

 2                 I vote aye.

 3                 ACTING PRESIDENT PERSAUD:   Senator 

 4    Jackson to be recorded in the affirmative.

 5                 Senator Cleare to explain her vote.

 6                 SENATOR CLEARE:   Thank you, 

 7    Madam President.  

 8                 I rise in support of this bill.  We 

 9    should be concerned about violating the rights of 

10    our children.  We should be concerned about the 

11    stigmas and barriers that already follow the 

12    children who are most likely to be evicted.

13                 Children should not be named in 

14    eviction processes, and we should not even have 

15    so many as we do now because of the housing 

16    crisis that we are experiencing.  And, yes, we 

17    need to pass good-cause eviction and other tenant 

18    protections that make sure people can stay in 

19    their homes.  

20                 Eviction is a violent process.  It 

21    is terrible for our families.  Sometimes it 

22    follows you for the rest of your life anyway, 

23    just as an experience.  And it doesn't need to 

24    follow children, who take it to heart.  If 

25    anyone's ever been -- it is the most 


                                                               3724

 1    destabilizing thing that could ever happen to 

 2    anyone.  

 3                 And I proudly vote aye.  Thank you, 

 4    Senator Brisport, for the bill.

 5                 ACTING PRESIDENT PERSAUD:   Senator 

 6    Cleare to be recorded in the affirmative.

 7                 Senator Salazar to explain her vote.

 8                 SENATOR SALAZAR:   Thank you, 

 9    Madam President.  

10                 And thank you, Senator Brisport, for 

11    introducing this important legislation.  There is 

12    no justification for naming a child, a minor, in 

13    an eviction petition or an eviction warrant.  

14                 Evictions for a family can be deeply 

15    traumatic and disruptive, especially for 

16    children.  There is no need to make the process 

17    even more harmful for children by putting their 

18    names on eviction documents.  

19                 I want to also thank our 

20    Majority Leader for demonstrating our commitment 

21    to preventing unjust evictions and minimizing the 

22    harms of the housing crisis in our state.  

23                 And I will also urge us to take 

24    additional action through good-cause eviction and 

25    policies to keep families in their homes.


                                                               3725

 1                 Thank you.

 2                 ACTING PRESIDENT PERSAUD:   Senator 

 3    Salazar to be recorded in the affirmative.

 4                 Senator Brouk to explain her vote.

 5                 SENATOR BROUK:   Thank you, 

 6    Madam President.  

 7                 There's a lot of things I believe.  

 8    Two of them are that to house someone is humane, 

 9    and that we should do everything we can to 

10    protect our children.  That's why I want to thank 

11    Senator Brisport, the sponsor of this bill, thank 

12    my colleagues, and of course our Majority Leader, 

13    Andrea Stewart-Cousins, for bringing this bill.  

14                 And I think that this house often 

15    acts on these two values, the fact that housing 

16    people and keeping them housed and keeping our 

17    families housed is a humane thing to do.  And I 

18    think that this bill does that.  And it protects 

19    our children.

20                 But our work is not done until we 

21    actually take further action when it comes to 

22    keeping people housed.

23                 And I want to quickly share -- I 

24    didn't know we were voting on this bill today 

25    when this happened, but this weekend I hosted a 


                                                               3726

 1    baby shower for our community to hand out diapers 

 2    and wipes and baby clothes.  And there was a 

 3    woman there who said she didn't feel comfortable 

 4    going around and asking for these things.  And I 

 5    said, Well, let's go walk together, because this 

 6    is my event, we're going to walk together.  

 7                 And she shared with me that she has 

 8    four kids under the age of four.  They lived in 

 9    seven different places in the last month and a 

10    half, and they currently are on a night-by-night 

11    basis in a hotel.  She doesn't have anything that 

12    she needs.  And Senator Cleare talked about how 

13    destabilizing that can be, for young children 

14    especially.  

15                 So that's why bills like this are so 

16    important.  But it's also why our work will not 

17    be done June 8th if we have not also voted on 

18    good cause and other tenant protections.  

19                 For those reasons, I vote aye.

20                 Thank you.  

21                 ACTING PRESIDENT PERSAUD:   Senator 

22    Brouk to be recorded in the affirmative.  

23                 Senator Liu to explain his vote.

24                 SENATOR LIU:   Thank you, 

25    Madam President.  


                                                               3727

 1                 I think that it's clear that unjust 

 2    evictions are a big problem and contribute to our 

 3    housing crisis in the State of New York.  

 4                 This particular bill, though, is 

 5    clearly common sense and there should be no 

 6    reason why anybody would not support this.  To 

 7    name children in eviction papers is really doing 

 8    so much more harm on a permanent basis than the 

 9    immediate harm by removing them from their homes.  

10    Which is already bad enough.  

11                 I want to thank Senator Brisport for 

12    this bill, and let's move on to more 

13    housing-related protections.

14                 Thank you.

15                 ACTING PRESIDENT PERSAUD:   Senator 

16    Liu to be recorded in the affirmative.

17                 Senator Rivera to explain his vote.

18                 SENATOR RIVERA:   Thank you, 

19    Madam President.  

20                 Every now and then you bump into 

21    bills or ideas, legislative ideas, or somebody 

22    says, like, you really -- there isn't a law about 

23    this?  This is actually something we have to do, 

24    so I'm incredibly thankful for Senator Brisport 

25    for bringing something that again, as Senator Liu 


                                                               3728

 1    said, should be a commonsense thing.  

 2                 But I would also add that some of my 

 3    colleagues have spoken about what I believe is 

 4    also a commonsense approach in the State of 

 5    New York, and that is to pass good cause eviction 

 6    in the State of New York.  

 7                 I believe that it is a commonsense 

 8    idea that people should have a reason to take 

 9    somebody out of their homes.  If somebody has -- 

10    is someplace where they can sleep at night, where 

11    they're not putting pressure on any other -- on 

12    society as a whole, and then we kick them out 

13    onto the streets, that has an impact on them, has 

14    an impact on the family, has an impact on society 

15    as a whole.  

16                 So anything that we can do to 

17    minimize that should be a no-brainer, and that's 

18    why I believe that we should certainly pass good 

19    cause eviction.  

20                 But in this case, this is a 

21    no-brainer bill and I'm glad to vote for it.  I 

22    vote in the affirmative.  

23                 Thank you, Madam President.  

24                 ACTING PRESIDENT PERSAUD:   Senator 

25    Rivera to be recorded in the affirmative.


                                                               3729

 1                 Senator Sepúlveda to explain his 

 2    vote.

 3                 SENATOR SEPÚLVEDA:   Thank you, 

 4    Madam President, for allowing me to explain my 

 5    vote.  

 6                 As a veteran of Housing Court -- I 

 7    practiced there over 30 years, and to me, anytime 

 8    a child was named in a petition, I thought it was 

 9    rather disgraceful and disgusting.  

10                 These -- unfortunately sometimes 

11    when you have judgments against a family and a 

12    child under the age of 18 is named on the credit 

13    report and other areas, this can potentially show 

14    up as a liability for a child who had no, 

15    absolutely no responsibility for paying the bill.

16                 So I want to commend Senator 

17    Brisport for doing an excellent bill and beating 

18    me to the punch.  Great work.  

19                 And also to voice what my colleague 

20    was saying about housing in New York State.  We 

21    have to do much more to keep people in their 

22    homes.  We have to give more money for things 

23    like ERAP and other ways so that they can be -- 

24    they can remain in their homes.  

25                 Seeing children -- and I remind 


                                                               3730

 1    everyone that over 40 percent of kids that are 

 2    homeless in New York State -- 40 percent of 

 3    people that are homeless in New York City are 

 4    children.  And so we need to do more to make sure 

 5    that people remain in their apartments.  

 6                 So thank you, Senator Brisport.  

 7    Thank you for allowing me to explain my vote.  

 8    And let's make sure we continue to do everything 

 9    to protect children, their names, and their 

10    future.

11                 ACTING PRESIDENT PERSAUD:   Senator 

12    Sepúlveda to be recorded in the affirmative.

13                 Announce the results.

14                 THE SECRETARY:   In relation to 

15    Calendar 601, those Senators voting in the 

16    negative are Senators Ashby, Borrello, 

17    Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming, 

18    Lanza, Martins, Mattera, Murray, Oberacker, 

19    O'Mara, Ortt, Palumbo, Rhoads, Rolison, Stec, 

20    Tedisco, Walczyk, Weber and Weik.

21                 Ayes, 40.  Nays, 21.

22                 ACTING PRESIDENT PERSAUD:   The bill 

23    is passed.  

24                 Senator Gianaris, that completes the 

25    reading of today's calendar.


                                                               3731

 1                 SENATOR GIANARIS:   Thank you, 

 2    Madam President.

 3                 If we could return to motions for a 

 4    second, on behalf of Senator Hoylman-Sigal, on 

 5    page 13 I offer the following amendments to 

 6    Calendar Number 271, Senate Print 2422, and ask 

 7    that said bill retain its place on the 

 8    Third Reading Calendar.

 9                 ACTING PRESIDENT PERSAUD:   The 

10    amendments are received, and the bill will retain 

11    its place on the Third Reading Calendar.

12                 Senator Gianaris.

13                 SENATOR GIANARIS:   Is there any 

14    further business at the desk?

15                 ACTING PRESIDENT PERSAUD:   There is 

16    no further business at the desk.

17                 SENATOR GIANARIS:   Move to adjourn 

18    until tomorrow, Tuesday, May 9th, at 3:00 p.m.

19                 ACTING PRESIDENT PERSAUD:   On 

20    motion, the Senate stands adjourned until 

21    Tuesday, May 9th, at 3:00 p.m.

22                 (Whereupon, at 4:46 p.m., the Senate 

23    adjourned.)

24

25